In the media
Commonwealth
Lack of network planning threatens Australia's
renewable electricity future, expert warns
Huge renewable energy resources have been identified
across Australia, but planning is lagging to develop a grid network
suitable for the transformation that gives certainty to
stakeholders (22 November 2018). More...
Author and property spruiker Rick Otton fined record $18
million
A property spruiker who charged investors tens of
thousands of dollars to learn “how to buy a house for
$1” has been slapped with a record $18 million fine. The
Federal Court handed down the penalty after finding last August
that Rick Otton and his company We Buy Houses Pty Ltd had engaged
in misleading and deceptive conduct (15 November 2018). More...
The RBA is worried about the increased risk to property
developers from tighter lending standards
The biggest risk to the Australian economy from tighter
lending standards is not the impact on households, but rather
property developers, according to Guy Debelle, Deputy Governor at
RBA (15 November 2018). More...
Metro Property and H&T Realty in court over
defaulting apartments
Real estate agency H&T Realty is suing developer Metro
Property Development over $4 million in off-the-plan apartment
sales commissions. H&T, which sells apartments in Sydney,
Melbourne and Brisbane, alleges Metro withheld commissions after
blaming the agent for a 20 per cent to 25 per cent default rate at
seven of its Brisbane projects (14 November 2018). More...
Victoria
Fawkner residents lose fight on former Agent Orange
site's development
A toxic site in Fawkner where the component parts of the
deadly chemical Agent Orange were once manufactured and stored will
be redeveloped, despite protests from locals concerned over
contamination left in the soil for decades ( 25 November 2018).
More...
Melbourne's Festival Hall wins heritage protection,
complicating redevelopment plans
An iconic 63-year-old Melbourne venue which has played
host to The Beatles, Frank Sinatra and Lorde is given heritage
protection, posing challenges to plans by its owners for a major
redevelopment (21 November 2018). More...
ISPT announce construction contractor for $200 million
vertical campus
Developer ISPT has announced construction giant Probuild
as the head contractor for the upcoming Victoria University City
West Tower. Victoria University is expanding their CBD presence in
order to provide industry-best learning spaces (21 November 2018).
More...
Wodonga’s first cinema complex at Junction Place
gets green light
Construction of Wodonga’s first cinema and
entertainment complex will commence at Junction Place in mid-2019,
following approval of the plans by the City of Wodonga (20 November
2018). More...
New South Wales
New laws to protect off-the-plan buyers
Developer's selling off the plan will now be
accountable for contract breaches and compensation claims with a
string of new laws aiming to further protect buyers (16 November
2018). More...
Queensland
Brisbane developer plans $83m Sunshine Coast
towers
Habitat Development Group will deliver a $83 million plan
for two towers as part of the new Maroochydore city centre. Habitat
is currently preparing designs for lodgement with Economic
Development Queensland for its project (22 November 2018). More...
Brisbane’s first high rise school
Construction has kicked-off on Queensland’s first
vertical school set to call Brisbane’s city-fringe suburb of
Fortitude Valley home (14 November 2018). More...
Gladstone port plan an Australian first
A master plan to ensure the long-term growth of the Port
of Gladstone and protect the Great Barrier Reef is being hailed an
Australian first (12 November 2018). More...
In practice and courts
Commonwealth
Draft native title reforms
The Attorney-General and the Minister for Indigenous
Affairs on 30 October 2018 released exposure drafts of the
Native Title Legislation Amendment Bill 2018 and Registered Native
Title Bodies Corporate Legislation Amendment Regulations 2018.
Copies of the exposure draft legislation, along with a public
consultation paper and fact sheets summarising the proposed
amendments are available here. Submissions should be provided
by 10 December 2018.
Victoria
SRO reminder: Declaring properties that are vacant in
2018
Homes left unoccupied for more than six months a year,
which are located in 16 specified
council areas, attract vacant residential land tax. If you own
a property in one of these council areas and it will be unoccupied
for six months or more in 2018, you can notify us here.
Notifications are due by 15 January 2019.
Cases
Victoria
Secretary to the Department of
Economic Development, Jobs, Transport and Resources v Caradi Pty
Ltd [2018] VSC 696
LAND ACQUISITION AND COMPENSATION – Compulsory
acquisition of the whole of land for the Melbourne Convention
Centre Development – Market value of the land at the date of
acquisition – Comparability of sales – The use of sales
evidence which occurred after the date of acquisition – Land
purchased as a long term real estate investment – Impact of
remediation costs – Effect on the highest and best use of the
land – Claim for disturbance – Whether applicant
entitled to compensation for replacement land costs where
replacement land has not been purchased – Claim for
professional expenses – Claim for solatium – Land
Acquisition and Compensation Act 1986 ss 40, 41(1)(d),
41(1)(f), 44 – Valuation of Land Act 1960 s 5A.
631 Plenty Road Preston Pty Ltd
v Darebin CC (Red Dot) [2018] VCAT
1849
Interpretation of Standard D24 of clause 58.07-1 which
relates to functional layout objectives.
LOCATION OF PASSAGE OF INTEREST Paragraphs 65 - 96
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE PLANNING SCHEME
– interpretation or consideration of VPP provision -
Interpretation of Standard D24 of clause 58.07.
Boyles v Greater Bendigo
CC [2018] VCAT
1815
Section 80 of the Planning and Environment Act
1987; Greater Bendigo Planning Scheme; Animal Boarding;
Amenity Impacts; Noise, Clause 22.07; Rural Living Zone; Visual
Bulk; Business identification sign in rural area and Native
vegetation removal.
MAAG Developments Pty Ltd v
Oxanda Childcare Pty Ltd [2018] VSCA
289
LEASES – Construction and interpretation –
Applicant purchased land from related company of respondent and
respondent agreed to lease land from applicant – Land to be
used to build childcare centre run by respondent – Council
approvals required to build childcare centre – Termination
clause in agreement for lease gave either party right to terminate
at certain date if: (1) approvals not obtained; and (2) settlement
of sale of land not yet occurred (‘failure to settle
requirement’) – Contractual scheme inconsistent with
failure to settle requirement, as parties intended settlement of
land to occur at same time as execution of agreement for lease
– Termination clause with failure to settle requirement
inconsistent with contractual intention – Whether failure to
settle requirement surplus words to be ignored –
Fitzgerald v Masters [1956] HCA 53; (1956) 95 CLR 420
applied; Update Constructions Pty Ltd v Rozelle Child Care
Centre Ltd (1990) 20 NSWLR 251 considered – Appeal
allowed. APPEALS – Whether applicant able to raise new
argument not expressly put to trial judge – Where basis of
new argument was before trial judge – Where new argument as
to contract interpretation a question of law only – Where no
prejudice identified by respondent – Applicant permitted to
raise argument on appeal.
Bonney v Mornington Peninsula
SC [2018] VCAT
1749
Section 82 of the Planning & Environment Act 1987;
Mornington Peninsula Planning Scheme;
Addition to a dwelling (Amendment to a permit): GRZ1; DDO2; VPO1
– Off-site amenity impacts (shared views)
Queensland
Caravan Parks Association of
Queensland Limited v Rockhampton Regional Council
[2018] QPEC 52
PLANNING AND ENVIRONMENT – APPLICATION – where
applicant seeks a declaration and enforcement orders about the use
of premises for overnight parking of RVs in a public park –
where applicant contends the start of the use is a new use and
constitutes assessable development requiring an effective
development permit – where applicant contends use is a not a
lawful use – where respondent contends the use is an
ancillary use for which no development permit is required –
whether a development offence has been committed under ss.163 and
165(a) of the Planning Act 2016 – whether
enforcement orders should be granted restraining the commission of
a development offence.
McVicker & Anor v Valuer
General [2018] QLC
43
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS
AND APPEALS – Queensland – where site value is the
basis of valuation – where the highest and best use of the
land is not in dispute – direct comparison of sales is the
best method of valuation – onus of proof on the
appellants
Tseng v
Valuer-General [2018] QLC
42
REAL PROPERTY – VALUATION OF LAND – METHOD OF
ASSESSING – SALE OF SUBJECT – whether sale to appellant
was bona fide – prudent purchaser – limited enquiries
– motivation of purchaser – proposed use not feasible
– purchase not for highest and best use – rural zoning
– clearing permit not granted – sale not accepted as
evidence of value – Spencer Test – Land Valuation
Act s 18.
REAL PROPERTY – VALUATION OF LAND – METHOD OF ASSESSING
– VEGETATION PROTECTION ORDER – order imposed after
sale – native vegetation on land at valuation date –
highest and best use – vegetation clearing not permitted
– mango orchard not feasible – rural home site –
impact on unimproved value – no evidentiary basis to correct
unimproved value.
REAL PROPERTY – VALUATION OF LAND ¬ METHOD OF ASSESSING
¬ unimproved value – availability of water, sewerage and
stormwater to subject land – assumed unimproved state –
no evidence of connection costs – use of comparable sale to
correctly make valuation – no basis to correct unimproved
value – Land Valuation Act s 170.
REAL PROPERTY – VALUATION OF LAND – METHOD OF ASSESSING
– unimproved value – drainage easement on subject land
– valuation date – impact of easement use – no
basis demonstrated to correct unimproved value.
REAL PROPERTY – VALUATION OF LAND – METHOD OF ASSESSING
– unimproved value—comparability – comparison of
sales – whether similarly affected – impact of arterial
road – impact of flooding – location and surrounding
amenity – adjustment to sales – analysed unimproved
value – issued value – speaking report and reasoning
– lack of comparability – all sales superior to subject
– reduction to issued value necessary to correctly make
valuation.
REAL PROPERTY – VALUATION OF LAND – METHOD OF ASSESSING
– unimproved value – impact of flooding –
comparison of sales – basis of comparison – similar
flooding issues – extent of flooding on subject – sales
not comparable – inadequate allowance on subject –
reduction necessary to correctly make valuation.
PRACTICE AND PROCEDURE – FURTHER EVIDENCE hearing and
submissions completed – no formal application to reopen
hearing – generally inappropriate for Court to consider
unless leave given – do interests of justice require further
evidence to be received – would evidence affect outcome of
appeals.
Land Valuation Act 2010 Qld; Local Government Act 2009
Qld.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.