In the media


Building surveyors fined for unsafe fire approvals
A Perth building surveying company has been fined a total of $35,000 for negligence after signing off on three buildings that failed to meet fire safety requirements (06 November 2019). More...

Density has to be likeable
As Melbourne and other Australian cities continue to evolve, we need more public debate about the cities we want to create and more research and proven models to demonstrate how high-rise, high-density housing can best meet the long-term housing needs of our diverse communities (01 November 2019). More...


Regulators take more action at Tottenham fire site
Environment Protection Authority Victoria (EPA) welcomes the use of WorkSafe's powers to directly oversee the removal of waste chemicals at the Tottenham fire site as good news for the community (08 November 2019). More...

Council says cheap homes in CBD developments will fix 'housing crisis'
Facing a shortfall of 5500 affordable inner-city homes, Melbourne City Council wants to force developers to provide cheap housing in private residential developments. The council believes inner Melbourne is grappling with an affordable housing crisis that will surpass 23,000 homes by 2036 (07 November 2019). More...

Chadstone Hotel coup underscores strength of suburbs
Melbourne has bolstered its position as the nation's capital for fashion, retail and luxury accommodation with the opening of Hotel Chadstone Melbourne ­– the first five-star hotel built outside the CBD. The Victorian Budget 2019-20 invested $3.5 million to boost revitalisation projects in Melbourne's established suburbs, to further enhance liveability, create jobs and drive a sustainable future (01 November 2019). More...

Fishermans Bend $100m childcare development ramps up
Plans for a $100 million purpose-built childcare centre designed to create a "real world" experience for children has been approved in South Melbourne's Fishermans Bend precinct (29 October 2019). More...

Government Intensifies crackdown on dodgy developers
The Victorian government has vowed to crackdown on developers and builders engaging in illegal phoenix activity as part of a suite of protections for building and apartment owners. The Andrews' government will also expand the powers of the Victorian Building Authority to investigate illegal phoenixing activity – where a director deliberately places a company into liquidation to avoid paying debts (29 October 2019). More...


Developers eye boutique residential sites in Sydney market
While confidence in Sydney's apartment market is improving, a new report forecasts a "stabilisation rather than a rebound" in demand for new apartments, which are unlikely to bounce back as strongly (05 November 2019). More...

Meriton's gleaming Parramatta tower given approval
Developer Meriton has won development approval for Parramatta's tallest apartment tower, a gleaming 67-level riverfront building, and an adjoining hotel (28 October 2019). More...

In practice and courts

Sydney Fish Markets
The Department of Planning, Industry and Environment is calling for community feedback on plans to develop the new Sydney Fish Markets, on Bridge Road in Glebe. More...


Gold Road v Platt [2019] VSC 714
REAL PROPERTY – Caveat – whether defendants had an estate or interest in land – when registered proprietor purchased property under a contract with defendants – whether consideration for contract illusory – whether defendants entered into contract because of plaintiff's misleading and deceptive contract – whether defendants had an estate or interest in land – order for removal of caveat Transfer of Land Act 1958 s 90(3)
REAL PROPERTY – registered proprietor seeking possession order – defendants' possession under licence – licence determined – possession order made – Supreme Court (General Civil Procedure) Rules 2015 order 53.

JSW Brian Pty Ltd v South Gippsland SC [2019] VCAT 1730
Application under section 80 of the Planning and Environment Act 1987 (Vic) against conditions in a planning permit – South Gippsland Planning Scheme – permit to excise a dwelling and subdivide land in a Farming Zone – condition requiring an agreement pursuant to section 173 of the Planning and Environment Act 1987 (Vic) that no further subdivision and no more dwellings be permitted – whether condition is reasonable or necessary – validity of condition – high quality agricultural land

Pell Five Pty Ltd v SMTP Nominees Pty Ltd (Building and Property) [2019] VCAT 1683
Retail lease, Sections 41, 51, 54(2), 61 & 77 of the Retail Leases Act 2003 (Vic) – claims by tenant for malfunctioning air conditioning and exhaust system – unconscionable conduct and delay in providing documents necessary for sale of tenant's business – counterclaim by landlord for refund of portion of fitout contribution

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.