In the media
Commonwealth
Countdown begins for Build-to-Rent's breakthrough
year
Australia's emerging build-to-rent sector has been on
the launchpad for a while now but the final countdown has begun for
the sector to become one of the country's major asset classes
(26 August 2021). More...
Singapore now #1 foreign investor in Australian property
market
Singaporean investors have increasingly moved to fill the
gaps in Australia's property landscape left by the recent
exodus of Chinese foreign investment. Singapore has outpaced China
as Australia's number one source of foreign real estate
investment (26 August 2021). More...
Working from home could cut CBD retailers' lunch by
$1.5b
A post-lockdown, longer-term switch to working from home
two days week could cost CBD retailers across the nation $1.5
billion annually on lost lunch revenue alone, according to analysis
from the PAR Group (25 August 2021). More...
Locked-down shoppers boost retail landlords'
profits
The lockdown-inspired 'shop local' mantra is
proving invaluable for convenience focused retail landlords,
boosting their earnings as sales soar across all categories (17
August 2021). More...
CEFC invests in new platform set to deliver green homes
for disability sector
The CEFC has announced an investment in a specialist
disability accommodation (SDA) platform, which
will accelerate the development of tailored green housing solutions
for people living with a disability. Tenancy selection procedures
will be implemented in consultation with SDA providers (25 August
2021). More...
HIA: Population growth central to outlook for home
building
The elevated level of building and the speed that it
emerged has resulted in demand for key building inputs outstripping
supply, including materials, labour and land. The delay in the
supply of materials will see the impact on labour and ancillary
services remain elevated well into the second half of 2022 (22
August 2021). More...
Decarbonising the built environment never been more
urgent
Without action, embodied carbon will be responsible for 85
per cent of Australia's built environment emissions by 2050,
according to a new report from the Green Building Council of
Australia and thinkstep-anz. The report highlights that embodied
carbon made up 16 per cent of Australia's built environment
emissions in 2019 and without intervention, this share will
increase to 85 per cent at a time when Australia must achieve
net-zero emissions in line with the Paris Agreement (20 August
2021). More...
Infrastructure Australia charts a pathway to resilience
as the national cost of natural disasters hits $39bn by 2050
Infrastructure Australia has outlined practical steps to
deliver infrastructure that is more resilient to threats such as
bushfires, droughts, floods, global pandemic, and cyber-attacks, in
new advisory papers released today (20 August 2021). More...
REIA: Transparency, trust and the pandemic create
dramatic changes for Australian Real Estate
REIA, 'Megatrends for Australian Real Estate Report
2021' identified nine key issues facing the future of the
industry with the pandemic and environmental issues the key
priorities (19 August 2021). More...
Victoria
New owners stung by 'inappropriate' heritage
protection
A council plan to introduce heritage overlay to several
streets in the Melbourne suburb of Thornbury has
"blindsided" some owners who were planning to renovate
ageing properties (27 August 2021). More...
REIV dials up digital signature capabilities
The Real Estate Institute of Victoria
(REIV) has now revealed that digital signatures
will now be available on all documents through the VicForms
platform. According to the industry body, this means agencies can
send REIV's contract of sale with key documents, such as the
Section 32/ Vendor statement, attached and ready for signing
"within a few clicks" (26 August 2021). More...
Get in on the act with EPA
Environment Protection Authority Victoria
(EPA) is actively collaborating with industry
organisations in a special program to ensure the state's small
and medium businesses can gain a better understanding of the new
Environment Protection Act 2017 (25 August 2021). More...
More rent relief for commercial tenants
The Victorian Government has locked in further relief for
commercial tenants struggling with rent payments, with new
regulations finalised as part of the Commercial Tenancy Relief
Scheme. The scheme will help small and medium-sized businesses with
an annual turnover of less than $50 million (25 August 2021).
More...
Relief for ratepayers as Council absorbs fee
increase
The City of Melbourne is discounting rates for all
commercial and residential ratepayers across the municipality at a
total cost of $4.8 million. Lord Mayor Sally Capp said Council was
absorbing the cost of this year's rate increase, in response to
the economic impacts of COVID-19 (21 August 2021). More...
NSW
NSW government finally sees the light, ditches dark
roofs
The NSW government has finally responded to the pressing
issues of urban heat islands and energy efficiency by prohibiting
dark coloured roofs on new developments in the suburb of Wilton in
Sydney's south-west (25 August 2021). More...
NSW government extends financial support for tenants and
landlords
The NSW Government has announced it will provide increased
security for tenants and financial support for landlords by
extending the Residential Tenancy Support package (16 August 2021).
More...
Queensland
New Palaszczuk Government regional quarantine facility
to keep Queenslanders safe
A dedicated regional quarantine facility will be built at
Wellcamp, Toowoomba under a joint agreement between the Palaszczuk
Government and the landowner, Wagner Corporation (26 August 2021).
More...
Gurner plots $1.25-billion surfers paradise towers
Gurner Group is planning to build four towers up to 57
storeys on the Gold Coast in a $1.25-billion joint-venture with
investment house Wingate (26 August 2021). More...
Record sales absorb Gold Coast apartment supply
Red-hot demand due to pandemic-inspired sea-changers and
downsizers has led to record apartment sales on the Gold Coast,
dragging supply levels to new historical lows (25 August 2021).
More...
Broken ground for Queensland's first Build-to-Rent
project
Work is officially underway on the Palaszczuk
Government's first Build-to-Rent development, providing a boost
to jobs in the construction sector and making affordable housing
more accessible (24 August 2021). More...
Eight-storey boutique tower to sit next to
heritage-listed Fortitude Valley church
The Roman Catholic Archdiocese of Brisbane lodged the
application in April for a subtropical tower to be built beside the
124-year-old St Patrick's Church (24 August 2021). More...
Sunshine Coast developer reveals $100m apartment
project
Henzell Property Group has lodged plans for a $100-million
mixed-use project on a prime waterfront site in the heart of
Caloundra. The residential and office project, known as Verre
Caloundra, will combine "high-end" retail and dining at
street level with 39 two- and three-bedroom apartments as part of
the project's 10-storey first stage (23 August 2021). More...
City centres evolve as the pandemic changes the way we
work
The COVID-19 pandemic will mean 10 per cent fewer people
will work in Australia's city centres, while CBD office spaces
will get smaller, Australia's chief infrastructure body
believes. The changes will mean more professional workers will
shift to regional centres close to capital cities, including the
Gold and Sunshine coasts, Ipswich and Logan (22 August 2021).
More...
Pastoral company fined for land clearing in state
forest
A pastoral company has been fined $18,000 in the Dalby
Magistrates Court after pleading guilty to illegally clearing land
in the Kumbarilla State Forest, southwest of Dalby. The company was
also ordered to pay $1,500 in legal costs (16 August 2021).
More...
Brisbane quarantine facility gets green light
A 1000-bed facility to "end to leaks from hotel
quarantine" got the green light near Brisbane Airport. A
memorandum of understanding was signed by the state and federal
governments for the facility to be built by mid-2022 on a
29-hectare site (16 August 2021). More...
MOU signed on proposed quarantine facility in
Brisbane
The Queensland Government has signed a Memorandum of
Understanding (MoU) on the Australian
Government's Pinkenba quarantine facility bringing it a step
closer to reality (16 August 2021). More...
In practice and courts
Announcements, Draft Policies and Plans released 2021
Victoria
Land tax relief for commercial landlords announced
03 August 2021 - The Victorian
Government today announced it will introduce new legislation to
provide rent relief to commercial tenants through
the Commercial Tenancy Relief Scheme. As part of
this, eligible landlords will receive coronavirus land tax relief
of up to 25 per cent, which will be additional to any previous
relief they have received.
Further information will be available on our website soon.
NSW
Registrar General: Timetable to digital survey plans in
NSW launched
Some important deliverables in the next 12 months
are:
End of 2021: Move to 100 per cent online lodgment along with
new NSW LRS portal tools that make it easier for surveyors to lodge
digital survey plans. More...
NSW Revenue: Land Tax Build to Rent
The NSW Government is introducing a land tax discount for new build-to-rent housing
projects until 2040 and a new Housing Diversity SEPP to
provide more housing options, greater surety for renters, boost
construction and support jobs during the COVID-19 recovery.
Guidelines for the land tax reduction for build-to-rent properties
can be read here.
Queensland
Creating better connections for Queensland:
Consultation
The Queensland Government has released a draft ten year
plan for passenger transport in Queensland, called Creating Better Connections for
Queensland and it is open for public consultation until 17
September 2021.
Public consultation: Queensland's renewable energy
zones (QREZs)
Public consultation would be followed by a technical paper
later in the year, for feedback from industry and other energy
stakeholders on the framework for QREZ design and access. The
online survey is open until 30 September 2021. More...
DSD consultations
Winchester South project - draft environmental
impact statement Closes 15 September 2021
Inland Rail - Gowrie to Helidon project - draft
environmental impact statement 25 October 2021
Proposed citywide amendment to Brisbane City Plan 2014
(Amendment K)
Brisbane City Council was seeking public consultation on
proposed changes to Brisbane City Plan 2014 - Major Amendment
package. The full details of the proposed amendment can be
found on City Plan online and the details of zone
and overlay mapping changes can be found here (24 August 2021).
Published - articles, papers, reports
The circular economy in the Australian built
environment: The state of play and a research agenda
A recent report produced by Deakin University provides a
picture of the circular economy landscape in Australia, with
primary focus on the architecture, engineering and construction
industry. The Report provides an up to date assessment of what
research needs to be done and how industry might respond (August
2021). More...
Cases
Brooks v Stonnington CC (Red
Dot) [2021] VCAT 930
Whether existing use rights for land are lost on demolition of all
buildings on that land
LOCATION OF PASSAGE OF INTEREST Paragraphs 44 to 69
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE LAW - issue of
interpretation or application
Existing use rights
PLANNING SCHEME - interpretation or consideration of VPP provision
Clause 63.10
ANALYSIS - exposition of how to assess an issue or matters to
consider - whether 'destruction' of a building in clause
63.10 includes 'demolition' of the building
CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or statutory
provisions is required or desirable
The decision is forwarded to the Minister for Planning to consider
whether any amendment to clause 63.10 is warranted
Australian Fast Foods Pty Ltd v Kameel
Pty Ltd (Building and Property) [2021]
VCAT 921
Retail tenancy, rent valuation to market rate, selection of valuer,
Retail Leases Act 2003, s3 definition of specialist retail valuer,
experience of valuer, s37(3), whether disagreement under s37(3)(a)
is a necessary precondition to nomination and appointment by the
Small Business Commission under s37(3)(b), terms of engagement of
the valuer
Starone Capital Pty Ltd v COGL
Melbourne Pty Ltd (Building and
Property) [2021] VCAT
912
Licence agreement/serviced office agreement, terms of agreement:
Whether automatic extension of period, whether licensor entitled to
revalue the rent/licence fee to market, attempt to increase rent
without regard to market, repudiation, acceptance of repudiation,
interpretation of agreement contra proferentem.
1 I direct the principal registrar to change the respondent's
name to COGL Melbourne Pty Ltd (ACN 604 843 263).
2 The respondent must pay the applicant $4,589.20
Hookey & Anor v Whitelaw &
Ors [2021] QCA 181
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND
INTERPRETATION OF CONTRACTS - INTERPRETATION OF MISCELLANEOUS
CONTRACTS AND OTHER MATTERS - where the appellants sought a
declaration that they and the respondents had entered into a joint
venture agreement in relation to the acquisition of land at Hope
Island and the development of that land for the purpose of a
childcare centre and the operation of a childcare business - where
the trial judge found that the first appellant and the first
respondent had not reached consensus upon the alleged terms of the
joint venture agreement by 1 July 2014 and nor had they intended to
be legally bound by any agreement and the claim for that
declaration was dismissed - where the appellants seek to construct
an oral joint venture agreement from selected passages in the first
respondent's evidence, some of the contemporaneous documents,
and some of the evidence about the parties' post-contractual
conduct and statements attributed to the first respondent - where
the respondents contend that the appellants should not be permitted
to litigate for the first time on appeal a claim that by 1 July
2014 the parties had concluded a binding contract containing only
the suggested "key terms" now propounded by the
appellants - where the appellants acknowledge that they did not
propound such an agreement at trial - where the appellants do not
offer any explanation for their failure to do so - where it is
evident even upon a cursory comparison between the terms of the
agreement litigated at trial and the very broad "key
terms" for which the appellants now contend that the
appellants' case on appeal is very different from the case
litigated at trial - where the appeal should be restricted to the
issues, including as to the nature of the alleged joint venture
agreement, which were litigated at the trial - whether there was a
joint venture agreement between the parties
DA Staal Property Pty Ltd v
Commonwealth of Australia [2021] QSC
216
LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - CONSTRUCTION
AND INTERPRETATION - OTHER MATTERS - where the applicant sought a
declaration that a purported rental determination dated 29 May 2019
is invalid pursuant to the lease entered into between the applicant
and the respondent - whether the rent determination was made in
accordance with the process prescribed by that lease
McKay v Brisbane City Council &
Anor; Panozzo v Brisbane City Council & Anor; Jensen v Brisbane
City Council & Anor [2021] QPEC
42
PLANNING AND ENVIRONMENT - APPEAL - submitter appeal against
approval of a development application seeking a development permit
for material change of use for a six storey multiple dwelling in
the Medium density residential zone - whether the proposed
development is of an appropriate height, bulk and scale - whether
the proposed development will contribute to a cohesive streetscape
- whether the proposed development will be compatible with the
existing and intended character of the area - whether the proposed
development will cause any unacceptable amenity impact - whether
the proposed development provides for adequate deep planting and
landscaping - whether there is a need for the proposed development
- whether there are relevant matters that support approval of the
proposed development - whether the development application for the
proposed development should be approved in the exercise of the
planning discretion
Planning Act 2016 Qld s 45, s 59, s 60; Planning and Environment
Court Act 2016 Qld s 43, s 45, s 47
Krieg v Woolgar Valley Aboriginal
Corporation [2021] QLC
28
ENERGY AND RESOURCES - MINERALS - MINING FOR MINERALS -
COMPENSATION - where the applicant requires compensation to be
decided - where the respondent at different stages of negotiations
referred to conduct and compensation - where the respondents offer
was contingent on agreement to pay legal and valuation costs -
where the respondent is an Aboriginal Corporation - where the
applicant is subject to the laws of general application including
the Aboriginal Cultural Heritage Act 2004 (Qld) - where
valuer's report was provided - where compensation was
determined
ENERGY AND RESOURCES - MINERALS - MINING FOR MINERALS - OTHER
MATTERS - where costs were considered -- where the Court considered
the discretion to award costs for 'legal costs' ought not
be exercised - where the Court was assisted by the valuer's
report - where each party should bear half the cost of the
valuation report Mineral Resources Act 1989 Qld s 281(3); Land
Court Act 2000 Qld s 7, s 34
Odna Group Pty Ltd v Logan City
Council [2021] QPEC
41
PLANNING AND ENVIRONMENT - APPEAL - appeal against refusal of a
development application for operational works for an electronic
advertising device - whether the development conflicts with the
advertising device code in the planning scheme - whether the
advertising device would materially affect the safety of the
movement network - whether the proposal complies with either the
performance outcome or the purpose and overall outcome of the code,
given the operation of the acceptable outcomes is excluded in
relation to safety - whether the advertising device would
materially adversely affect, rather than protect, the visual
amenity of the surrounding area - whether the acceptable outcomes
are met where, in part, they refer to standards for various signs,
none of which fit the description of the proposal - whether the
proposal meets the performance outcomes or the purpose and overall
outcomes in relation to visual amenity - whether public benefit
supports the favourable exercise of discretion Planning Act 2016
Qld ss 45(3), 60(2); Planning and Environment Court Act 2016 Qld ss
43, 45, 47
RA Quality Meats Pty Ltd t/as RA
Quality Meats v Nambour Property Investments Pty
Ltd [2021] QCAT 281
LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES LEGISLATION -
OTHER MATTERS - where applicant lessee suffered financial
difficulty - where financial difficult said to relate partially to
COVID-19 pandemic - where lessee fell into rent arrears - where
lessee and respondent lessor entered into a payment plan for rent
arrears - where lessee defaulted under the payment plan - where
lessor served a notice to remedy breach - where lessee did not
remedy the breach and the lessor retook possession - where lessee
claims that breach notice was defective - where lessee seeks
interim relief to allow re-entry to the premises
Queensland Civil and Administrative Tribunal Act 2009 Qld ss 58,
59; Retail Shop Leases Act 1994 Qld s 5C
3 Keys Global Pty Ltd v Brisbane
Logistics Group Pty Ltd [2021] QCAT
280
LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES LEGISLATION -
JURISDICTION, POWERS AND APPEALS OF COURTS AND TRIBUNALS - OTHER
MATTERS - whether
interim orders restraining the sub-lessor from requiring
vacant possession should be made where the
parties to a commercial
tenancy dispute that an option was validly
exercised and dispute whether sub-lease should be extended
by operation of s 18 of the
Retail Shop Leases and Other Commercial Leases
(COVID-19 Emergency Response) Regulation 2020 (Qld) -
whether damages an adequate remedy - factors to be
considered in the exercise of discretion - whether applicant has
'clean hands' - where sub-lessee
has not paid any amount for rent for the period
from 1 January 2021 to at least 27 May 2021
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 28,
s 32, s 58, s 59 ; Retail Shop Leases and Other Commercial Leases;
(COVID-19 Emergency Response) Regulation 2020 (Qld), s 12, s 18, s
44
Cases to 23 August 2021
Cheung & Ors v Brisbane City
Council & Ors [2021] QPEC
39
PLANNING AND ENVIRONMENT - CONSOLIDATED APPEALS - where the
appellants appeal a decision by the Brisbane City Council to
approve a development application to build a 28 dwelling unit
complex on 5,335m2 of land at Ascot - whether the development is of
such a bulk, form, intensity and height and scale that it complies
with the assessment benchmarks of the Brisbane City Plan - whether
the impacts of the development on local amenity comply with the
assessment benchmarks of the Brisbane City Plan - whether the
development is to be considered an 'overdevelopment' under
the Brisbane City Plan - whether there are other relevant matters
in favour of approval
Planning Act 2016 Qld ss 43, 59; Planning and Environment Court Act
2016 Qld ss 43, 45, 46(2), 47; Planning Regulation 2017 Qld s
31(1), Schedule 24
Legislation
Commonwealth
Federal Circuit Court (Commonwealth Tenancy
Disputes) Amendment Instrument 2021
27/08/2021 - This instrument amends the Federal Circuit Court
(Commonwealth Tenancy Disputes) Instrument 2015 to reflect the
commencement of the Federal Circuit and Family Court of Australia.
The amendments are minor and consequential and do not substantively
change the operation of the instrument.
Queensland
Bills
Resources and Other Legislation Amendment
Bill 2021
Introduced by: Hon S Stewart MP on 16/06/2021
Stage reached: 2nd reading to be moved on 6/08/2021
The Resources and Other Legislation Amendment Bill 2021
(the Bill) aims to provide certainty to industry
and community stakeholders and ensure the integrity of the tenure
system by clarifying the legal standing of certain historically
granted tenures, activities, and entitlements. Additionally, the
Bill aims to enhance the water restrictions compliance and
enforcement framework by ensuring water restrictions can equitably
be investigated and enforced across the South East Queensland
region Bill and Exp Note.
Residential Tenancies and Rooming
Accomodation (Tenants' Rights) and Other Legislation Amendment
Bill 2021
Stage reached: 2nd reading to be moved on 16/08/2021
Housing Legislation Amendment Bill
2021
Stage reached: 2nd reading to be moved on 16/08/2021
Subordinate legislation as made - 27 August 2021
No 122 Statutory Instruments (Exemptions from Expiry)
Amendment Regulation 2021
No 126 Building Regulation 2021
No 130 Greenhouse Gas Storage Regulation 2021
No 131 Biodiscovery Regulation 2021
No 132 Proclamation-Waste Reduction and Recycling
(Plastic Items) Amendment Act 2021 (commencing remaining
provisions)
Subordinate legislation as made - 20 August 2021
No 117 Land Court Regulation 2021
The policy objectives of the Regulation are to allow for the
continued collection of the current fees amounts for the provision
of registry and related services provided by the Land Court and the
Land Appeal Court, and to remove section 3 which preserved the
rights and entitlements of an acting member of the Land Court and
is now redundant where the previously acting member is now
permanently appointed.
No 121 Vegetation Management (Regional Ecosystems)
Amendment Regulation 2021
Subordinate legislation as made - reminders
No 49 Water Plan (Mary Basin) (Postponement of Expiry)
Notice 2021
For section 56(1) of the Act, the new expiry date for the Water
Plan (Mary Basin) 2006, as postponed under section 55 of the Act,
is 28 May 2024.
No 50 Planning (COVID-19 Vaccination Service) Amendment
Regulation 2021
Insert 20A When material change of use for providing COVID-19
vaccination service is not assessable development. This section
expires on 31 December 2021.
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.
