In the media
Commonwealth
REITs outperform broader market
The sprawling listed property trust sector has
outperformed the broader market despite concerns about sagging
demand from retail tenants (28 August 2019).
More...
GBCA: Green or blue, social infrastructure is the
glue
The GBCA and the Infrastructure Sustainability Council of
Australia will launch updated guidelines to ensure we get the most
sustainable outcomes from every dollar spent on infrastructure. Our
new guidelines support better integration as an increasing number
of projects pursue dual ratings under the IS and Green Star rating
systems (29 August 2019).
More...
'Underlying issues' flagged in secondary office
markets
New research has revealed there are several lingering
issues impacting secondary office markets in four major CBD
markets. The latest CBRE ViewPoint report has examined current
activity in Australian capital cities' secondary markets
– a broad term used to describe B, C and D grade office
buildings (28 August 2019).
More...
Climate change key in home-buying process
According to REIQ CEO Antonia Mercorella, climate change
has become "the new due diligence", with home buyers
putting this on their agenda alongside the typical building and
pest inspections, utility access and land boundary checks (28
August 2019).
More...
Housing policy? Mortgage stress rises as debt soars for
older Australians
Rising mortgage debt in later life is a growing social and
economic issue, reveals the Australian Housing and Urban Research
Institute, affecting wellbeing, retirement wealth management and
housing assistance programs (28 August 2019).
More...
Homeowners fork out $10bn to repair defects
Building defects have cost new home owners a staggering
$10.5 billion throughout the past decade, according to a national
survey undertaken by financial research and comparison group Mozo
(28 August 2019).
More...
NFIA: Australia's fire industry should face
mandatory licensing
Based on historical data it can be said that fire safety
systems in numbers of buildings in Australia are non-compliant and
are at high risk of not protecting the occupants of a building in
the event of fire (22 August 2019).
More...
Are our major cities about to run out of office
space?
RBA's push for 'full employment' could create
demand for one million square metres of extra office space a year,
according to the latest Colliers International
Research and Forecast Report for CBD office markets (28 August
2019).
More...
Australia trails UK on build-to-rent but poised to catch
up
Although the market for build-to-rent
(BtR) is maturing in places such as the UK, it has
yet to take off in Australia. Australia's softening property
market and ongoing demand for new housing are the right conditions
to establish a BtR sector in Australia, according to UK BtR
specialist (27 August 2019).
More...
PCA: Building ministers need to maintain momentum on
regulation compliance and enforcement
Australia's building ministers must continue the
momentum on building regulation compliance and enforcement to
deliver better outcomes for property owners and tenants (20 August
2019).
More...
Victoria
New engineering registration scheme to improve
safety
Professional engineers in Victoria will be required to be
registered under a new scheme – strengthening the critical
role engineers play in the delivery of the Andrews Labor
Government's record infrastructure pipeline. Initially, the
scheme will cover five categories of engineering –
structural, civil, mechanical, electrical and fire safety (29
August 2019).
More...
Fishermans Bend gets Victoria's first digital
twin
The University of Melbourne and Victorian Government will
partner to develop a digital twin for Fishermans Bend. This
sophisticated technology is a first for Victoria. It will provide
3D context and illustrate the human and built relationships within
the local environment (26 August 2019).
More...
New planning mechanisms for affordable housing
Reforms to planning make it easier for Councils and
developers to negotiate voluntary agreements to include affordable
homes in residential developments (22 August 2019).
More...
NSW
Essential for NSW planning Minister to 'clear
decks' for new development
"Planning approvals have been dropping fast across
Sydney with a 59 per cent drop in the City of Sydney for housing
approvals over the last two years. Says Urban Taskforce CEO Chris
Johnson "It is therefore good news that Planning Minister
Stokes is now talking the language of 'clearing the decks'
to speed up planning determinations across Metropolitan
Sydney." (28 August 2019).
More...
Queensland
Developer Shayher Group buys Bulimba Barracks
A 20-hectare riverside development site has been sold by
the federal government to developer Shayher Group in a major
transaction that could see up to 855 new homes on the well-known
inner Brisbane site, the Bulimba Barracks (29 August 2019).
More...
A 'hint of optimism' with 1000 new Brisbane
apartments to go on sale
Developers are experiencing a "hint of optimism"
about Brisbane's new apartment market (29 August 2019).
More...
Morris Property to kick off construction on ATO's
new Brisbane digs
Morris Property Group will push on with construction of
its 27-storey office tower having secured a major leasing deal with
the Australian Taxation Office at its 152 Wharf Street site on
Brisbane's city fringe (28 August 2019).
More...
PCA: Howard Smith Wharves crowned Retail Property of the
Year
Howard Smith Wharves has been awarded the title of 2019
Queensland Retail Property of the Year, the state's most
prestigious retail property title. Howard Smith Wharves is an
outstanding example of urban regeneration, capturing some of the
most iconic parts of our city (27 August 2019).
More...
PCA: Building Queensland releases 2019 Infrastructure
Report
The Property Council is pleased to see the inclusion of
transport corridors which will provide visibility of the broader
planning from which specific proposals are then developed and
progressed through the pipeline
(22 August 2019).
More...
PCA: Victoria Park Vision: Consultation open
Brisbane City Council has announced The Victoria Park
Vision; a proposal to develop the Victoria Park Golf Course into
the biggest park Brisbane has seen in 50 years. Brisbane City
Council has announced plans to turn the current site of the
Victoria Park Golf Course into a massive public park (22 August
2019).
More...
Mirvac continues office push with Brisbane's
'healthiest' tower
Listed developer Mirvac has broken ground on its $836
million 80 Ann Street Brisbane CBD tower, promoting it as
Brisbane's "healthiest" commercial building (21
August 2019).
More...
Brisbane industrial market experiencing 'boom like
conditions'
Queensland's booming industrial market has continued
to strengthen with population growth, e-commerce and infrastructure
projects acting as key market drivers (19 August 2019).
More...
Published – articles, papers, reports
Inquiry into recycling and waste management: Interim
report
Legislative Council Environment and Planning Committee
(Vic); Parliament of Victoria: 27 August 2019
Around the time of the commencement of this inquiry, there was a
major fire in Campbellfield, which had significant impact on
businesses and the community in the area and highlighted the need
to avoid dangerous stockpiling of recyclable materials. This
interim report deals with the issue of the risks of stockpiling of
recyclable materials and how these risks are being managed. More...
Accelerating change: Capital growth in climate
solutions
Investor Group on Climate Change: 20 August 2019
The headline insights presented in this report provide a snapshot
of current investor sentiment, highlighting some of the factors
driving investor thinking and behaviour as they seek to respond to
climate change risks and pursue emerging low carbon investment
opportunities. More...
REIA news - August 2019
Feature article: Australasian Real Estate Institutes'
Auctioneering Championships 2019 – Meet the Finalists. Also
in this issue: Your questions answered on Landlord Insurance;
ATO's advice on GST at Settlement.
More...
Mortgage stress and precarious home ownership:
implications for older Australians
Rachel Ong, Gavin Wood, Melek Cigdem, Silvia Salazar
Australian Housing and Urban Research Institute: 27 August
2019
This research investigated the growing numbers of middle-aged and
older Australians who are carrying mortgage debt into retirement
and paying off higher levels of debt relative to house values and
income. Between 1987 and 2015, mortgage debt among older mortgagors
increased by 600 per cent (from $27,000 to over $185,000). These
trends have significant consequences for older Australians. More...
Infrastructure pipeline report: August 2019
Building Queensland: 26 August 2019
Queensland's growing and ageing population, coupled with ageing
infrastructure assets and increased risks of extreme weather are
just some of the challenges being addressed by the proposals in
this report. More...
In practice and courts
Commonwealth
API: ABFI Residential Valuation Standing Instructions
version 2.2.1
The Residential Valuation Industry Group has conducted a
review of V2.1 of the ABFI Residential Valuation Standing
Instructions (ABFI RVSI), and have subsequently
released a revised version. Version 2.2.1 of the ABFI RVSI will
come into effect on 1 October 2019. The current document, namely
Version 2.1, will operate until that time. A copy of Version 2.2.1
is available here (28 August
2019).
More...
API: ABFI Residential Valuation Standing Instructions
Version 2.2
The Residential Valuation Industry Group has conducted a
review of V2.1 of the ABFI Residential Valuation Standing
Instructions (ABFI RVSI), and have subsequently
released a revised version. Version 2.2 of the ABFI RVSI will come
into effect on 1 October 2019. The current document, namely Version
2.1, will operate until that time.
More...
GBCA Important Deadlines - Green Star certification for
your project
Many project teams have timelines set around major events.
To support this, these guidelines below (based on typical time
frames), which specify the deadlines you'll need to meet in
order to have your project certified in time for key milestones in
2019. Deadlines are from 08 April – 04 November 2019.
More...
Announcements, Draft Policies and Plans released 2019
API: NSW Member Alert – Changes to the NSW
EP&A Act 1979 – Interim Occupation Certificates
This Member Alert is to advise Members of the new Part 6
provisions to the Environmental Planning and Assessment Act (EPAA)
1979 commencing 1 September 2019.
More...
Queensland
New Environmental Protection Regulation and
Environmental Protection Policies
The Environmental Protection Regulation 2008 and
Environmental Protection Policies for Air, Noise and Water will
expire on 1 September 2019. The expiring legislation will be
replaced by the:
Environmental Protection Regulation 2019; Environmental Protection
(Air) Policy 2019; Environmental Protection (Noise) Policy 2019 and
Environmental Protection (Water and Wetland Biodiversity) Policy
2019.
More...
Current Consultations
Department of Justice and Attorney-General
Body Corporate and Community Management Regulations –
Consultation on Draft Legislation Closes 18 October 2019 - The
community and stakeholders are invited to have their say on
proposed reforms to regulations under the Body Corporate and
Community Management Act.
BCC: Draft design guide - low-to-medium density
housing
The draft New World City design guide - Subtropical homes
for a Brisbane lifestyle will provide advice and support to
encourage quality design of townhouses and apartments up to five
storeys. Consultation has now commenced and will close on 13
September 2019.
More...
BCC: Design strategy for Brisbane
Design-led City - a design strategy for Brisbane intends
to outline a vision for design quality across Brisbane's built
environment. The consultation document sets out the draft
priorities and design values to guide design outcomes for all
development and infrastructure projects, and identifies potential
actions to support, regulate, reward and implement quality design
in Brisbane. Consultation will close on 13 September 2019.
More...
PCA: Queensland planning policy update
A number of local and state government related planning
decisions impacting the property sector have been released.
New Model Code for Neighbourhood Design
Queensland Government has released a new model code for
neighbourhood design, and is proposing to make parts of the code
mandatory. The Queensland Government is seeking feedback on what
parts of the code to make mandatory with consultation closing on 1
September 2019.
More...
DNMRE current consultations
Moreton: Targeted amendment of the water plan
Closes: 1 October 2019. We are seeking feedback on a new draft
water plan amendment.
Sunshine Coast Incentives
Sunshine Coast Council has announced a three-year
extension to its Infill Development Incentives Policy which offers
incentives for infill development on the Sunshine Coast. All
applications for an incentive must be submitted to Council between
1 July 2019 and 30 June 2022.
More...
Note: Safer buildings: Parts 2 and 3a deadlines
extended
Bodies corporate and building owners across Queensland
have been given additional time to complete Parts 2 and 3a of the
Safer Buildings combustible cladding checklist. The new deadlines
will be as follows:
Part 2: extended from 29 May 2019 to 31 July 2019
Part 3a: extended from 27 August 2019 to 31 October 2019.
More...
Attorney General: Free state-wide seminars explain body
corporate laws
Queensland's Office of Body Corporate and Community
Management will host free seminars across the State to help inform
community members about body corporate laws. The seminars will be
held in late August and September at the Gold Coast, Logan,
Brisbane, Sunshine Coast, Hervey Bay, Gladstone, Mackay, Townsville
and Cairns.
More...
Cases
Cases to 26 August 2019
Harris v K7@Surry Hills Pty Ltd
[2019] VSC 551
PROPERTY LAW – sale of land – whether lawful rescission
or wrongful repudiation by purchaser – anticipatory breach by
vendor of special condition in contract – purchaser lawfully
rescinded contract – Koompahtoo Local Aboriginal Land
Council v Sanpine Pty Ltd [2007] HCA 61; (2007) 233 CLR
115.
PROPERTY LAW – whether purchaser rescinded contract pursuant
to s 9AC(2) of the Sale of Land Act 1962 (Vic) –
Deming No 456 Pty Ltd v Brisbane Unit Development Corporation
Pty Ltd (1983) 155 CLR 129; Besser v Alma [2012] VSC
460; JD No 6 (Dava) Pty Ltd & Anor v P Battlay Holdings Pty
Ltd [2011] VSC 353; Lockwood v PSP Investments Pty
Ltd [2013] VSC 10 and Ausgrand Pty Ltd v Stephanie Michele
Freeland-Small [2016] VCC 942 considered.
Lasker v Holeszko [2019] QCA
163
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND
– WHEN APPEAL LIES – FROM MAGISTRATES COURT – BY
LEAVE OF COURT – FROM DISTRICT COURT – BY LEAVE OF
COURT – where the applicant was charged with four offences
against the Sustainable Planning Act 2009 (Qld), with the matter
proceeding to a hearing before the magistrates court – where
the magistrate, after delivering reasons, including findings that
the applicant should be found guilty in respect of each of the four
charges, and making orders to that effect by consent, adjourned the
matter to a later date for the determination of penalty and costs
– where the applicant lodged a notice of appeal in the
District Court under s 222 of the Justices Act 1886 (Qld),
prior to the penalty and costs hearing, seeking that the
"convictions" imposed by the magistrate be quashed
– where the respondent successfully applied to have the s 222
notice of appeal struck out, on the basis that a right of appeal
did not exist until after penalty and costs had been decided and
the complaint was "disposed of with final orders" –
whether the orders made by the magistrate gave rise to a right of
appeal under s 222 – whether the learned District Court judge
erred in striking out the s 222 notice of appeal – whether
leave ought to be granted to the applicant to appeal against the
decision of the learned District Court judge.
District Court of Queensland Act 1967 Qld s 118;
Justices Act 1886 Qld s 146, s 222, s 225; Penalties
and Sentences Act 1992 Qld s 3 .
Chief Executive v Di Carlo [2019]
QPEC 40
Environmental Protection Act 1994; Fire and
Rescue Service Act Requisition (No 1)2011.
Within 67 days of the date of this order, the Respondent must
provide a statutory declaration to the Applicant demonstrating
compliance with paragraphs 1 and 2 of the order. Within 30 days
from the date of this order, the Respondent must establish and
maintain a clean 10 metre firebreak around the entire boundary of
the premises.
Riverstone Resources Pty Ltd v Thorcran Grazing Pty Ltd as
Tte [2019] QLC 33
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT
– GENERAL PRINCIPLES AND EXERCISE OF DISCRETION – where
the respondent objected to the applicant's application for a
mining lease – where the applicant subsequently abandoned its
application for a mining lease – where the applicant did not
explain why it abandoned the application – where it was open
to the Court to draw an inference that the applicant was concerned
about its ability to meet the grounds of objection – where
the Court awarded fixed costs in favour of the respondent.
Mineral Resources Act 1989 Qld s 268(8); Land Court
Act 2000 Qld s 34(1)
Legislation
Queensland
Subordinate legislation as made – 30 September
2019
No 159
Water Plan (Burdekin Basin) (Postponement of Expiry) Notice
2019
Subordinate legislation as made - 28 August 2019
No 173
Proclamation No. 1—Natural Resources and Other Legislation
Amendment Act 2019 (commencing certain provisions)
No 174
Land Title Amendment Regulation 2019
Subordinate legislation as made - 23 August 2019
No 158
Rural and Regional Adjustment (Farming in Reef Catchments Rebate
Scheme) Amendment Regulation 2019
Subordinate legislation reminder
No 153
Environmental Protection (Air) Policy 2019
This regulation commences on 1 September 2019
No 154
Environmental Protection (Noise) Policy 2019
This regulation commences on 1 September 2019
No 155
Environmental Protection Regulation 2019
This regulation commences on 1 September 2019
Includes Environmental impact statements, environmental management
and environmental offences, Public notice for notifying
environmental harm
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.