In the media
Commonwealth
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...
Victoria
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...
NSW
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...
Cases
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
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