In the media
Commonwealth
Reduced red tape for environmental approvals a plus for
housing and construction
UDIA National President Simon Basheer said the
Government's commitment to clearing the backlog of projects
under assessment via the Act would benefit from strict guidelines.
Applying 'deemed consent' provisions to future project
applications to maintain discipline on project assessment
timeframes (24 April 2020).
More...
Retail property giant threatens action against tenants
who close doors
One of Australia's biggest shopping centre landlords
has threatened to take action against shop owners who close their
doors to protect employees from the coronavirus in an apparent
breach of new rules protecting struggling retail tenants (22 April
2020).
More...
Congestion busting assessments protecting our
environment and our economy
A $25 million Morrison Government investment in congestion
busting is breaking through a multi-billion-dollar backlog of
environmental assessments to deliver better outcomes for the
environment and for the economy (23 April 2020).
More...
Governments keep building approvals moving during
COVID-19
Planning ministers have signed off on a national set of
principles designed to ensure the pipeline of development approvals
continues during the COVID-19 crisis, protecting jobs, businesses
and the economy (22 April 2020).
More...
Residential Property: Tracking the Covid-19 Impact
Over the course of several weeks, the property industry
has been sharing with us their experiences and responses to the
Covid-19 pandemic (21 April 2020).
More...
Commercial property market braces for big hit as workers
abandon offices
Although coronavirus' long-term impact on the
Australian office market remains to be seen, early signs suggest
there will be big changes. JLL Research found national office space
absorption fell 51,800 square metres in the first quarter of 2020
– the largest decline since 2014 (20 April 2020).
More...
COVID-19 Hits Property Industry Sentiment
There has been a rapid and steep decline in sentiment
across the Australian property industry caused by the COVID-19
pandemic according to the ANZ Property Council industry survey for
the June 2020 quarter. Economic management (33 per cent) is
considered the most critical issue for the property industry that
should be addressed by the Australian Federal Government, according
to survey respondents (16 April 2020).
More...
Maximising infrastructure investment to stimulate the
economy and deliver for communities
The Green Building Council of Australia (GBCA) is ready to
work with governments to support these policies and maximise their
benefits for communities across Australia. This call to action
outlines six recommendations as a foundation for the GBCA, working
in partnership with government, to support our bounce back (16
April 2020).
More...
IS Thought Leadership: Sustainable Procurement
Infrastructure procurement is increasingly being used as a
mechanism to raise local industry content and capability together
with delivering social and environmental outcomes. Businesses that
innovate, collaborate and demonstrate leadership in this regard
will enjoy growth as governments, financiers and the public
increase demands for accountability (15 April 2020).
More...
Coronavirus 'Seriously Impacting' 15pc of
Development Projects
The coronavirus pandemic has continued to stifle the
property industry with investor sentiment sinking to levels last
seen just after the global financial crisis a decade ago, according
to the latest ANZ-Property Council Survey (16 April 2020).
More...
COVID-19 and the SDGs: moving forward after the
crisis
SDG implementation can safeguard our cities and
communities through risk reduction strategies that enable safe,
sustainable, and inclusive access to necessary services in human
settlements. Green stimulus measures must be considered to mitigate
inaction due to lost resources, time and concern (14 April 2020).
More...
Victoria
US Giant Hines Lodges Plans for Richmond Office
Building
US property group Hines has submitted plans for $25
million commercial building in Richmond, an inner-city market in
Melbourne which has a growing reputation as a tech hub (24 April
2020).
More...
Property sector taskforce announced to bolster industry
recovery from COVID-19
The Victorian Government has announced the establishment
of a dedicated taskforce, the Building Victoria's Recovery
Taskforce, to guide the state's building and development
industry through the coronavirus crisis (24 April 2020).
More...
Temporary Emergency Measures To Manage Coronavirus
Crisis
The COVID-19 Omnibus (Emergency Measures) Bill 2020 will
be introduced to Parliament on Thursday and sets out a range of
temporary changes to protect tenants and injured workers and allow
vital government functions to continue operating in line with
social distancing and other requirements advised by the Chief
Health Officer (21 April 2020).
More...
Supporting Tenants and Landlords Through
Coronavirus
The Victorian Government will bring urgent legislation to
the Parliament in line with decisions of the National Cabinet to
support tenants and landlords through the coronavirus pandemic by
reforming residential and commercial tenancy laws (15 April 2020).
More...
$500 million in relief for tenants and landlords
The Property Council of Australia has welcomed the
announcement by the Victorian Government of $500 million in relief
directed to residential and commercial tenants and landlords
through the support package announced (15 April 2020).
More...
NSW
Planning changes to support growth in renewable energy
projects
Amendments to the State Environmental Planning Policy
(Infrastructure) 2007 will allow larger-scale solar systems to be
installed on homes and commercial buildings without council
approval, enable utility providers to construct electricity storage
as part of improvement works to transmission and distribution
networks, and allow for large-scale battery storage systems to be
built in permitted zones across NSW. (24 April 2020).
More...
Company fined after failure to alert EPA of fire
The NSW Environment Protection Authority (EPA) has fined
company QSSR Pty Ltd $8,000 after it failed to notify the EPA
regarding a pollution incident at its Shoalhaven recycling facility
in Bomaderry in November last year (24 April 2020).
More...
Better public spaces on the way for inner west
Communities in Sydney's inner west will benefit from
new and improved public spaces, thanks to $20 million in funding
from the NSW Government's Parramatta Road Urban Amenity
Improvement Program (23 April 2020).
More...
$14m Funding injection for Sydney Harbour Federation
Trust
Minister for the Environment Sussan Ley has unlocked $14
million in funding to assist the Sydney Harbour Federation Trust in
the face of COVID 19 impacts (23 April 2020).
More...
Landowners from Walgett area face string of charges in
Land and Environment Court
Two landholders from the Walgett area will face 14 charges
in the Land and Environment Court for breaches of water laws in
2016 and 2017 (22 April 2020).
More...
Bold blueprint for 69-storey tower to reshape
Parramatta's skies
The skyline of Sydney's second CBD looks set to become
even higher with what could be Parramatta's tallest building
passing a major planning hurdle, amid concerns the 69-story tower
could disrupt local airspace (22 April 2020).
More...
NSW Government goes online to ensure public stays
informed on planning matters
Councils will now be able to notify their communities of
local planning matters online under new regulation introduced to
ensure the public receives the most accurate and up-to-date
information during the COVID-19 pandemic (20 April 2020).
More...
The big plans to revive a blue-green spine through
Campbelltown's CBD
South West Sydney has plans to make the most of its
unprecedented population growth, protect its bushland and build
resilience to a range of environmental challenges (21 April 2020).
More...
Port Kembla Gas Terminal Modification Approved
The Department of Planning, Industry and Environment has
announced planning approval to increase capacity at the $250
million Port Kembla Gas Terminal (20 April 2020).
More...
Developer Lodges Hotel Plans for Heritage Olympia
Theatre
Despite the effects of the coronavirus on the
accommodation industry, two Sydney-based developers are pressing
ahead with plans for a new hotel in the inner-city suburb of
Paddington (20 April 2020).
More...
Stronger Protection for Sydney's water catchment
following extensive review
Better protections, stronger assessment and more
environmental offsets will ensure Sydney's drinking water
supply is safeguarded, following an extensive review by an
independent expert panel (18 April 2020).
More...
ePlanning mandate a big win for homeowners
Homeowners in metropolitan Sydney, Newcastle, the Central
Coast and Illawarra will be able to lodge DAs online in the comfort
of their homes, and see a reduction in assessment times, with the
NSW Government mandating ePlanning across 42 councils from 1 July
2020 (17 April 2020).
More...
Now's the time to treasure our public spaces
The Department's Executive Director of Public Spaces,
Dr Caroline Butler-Bowdon, shares her views on why it's
important now more than ever to treasure our public spaces (17
April 2020).
More...
Doma Lodges Plans for $44m Honeysuckle Hotel and
Office
Doma Group are the latest developers to lodge an
application in Newcastle's burgeoning Honeysuckle precinct,
submitting plans for a $44 million hotel and office development (17
April 2020).
More...
Property Industry key to COVID-19 Recovery
The latest ANZ/Property Council Survey has shown NSW
property industry confidence is at an all-time low due to the
COVID-19 crisis which is impacting the economy significantly across
all sectors of the property industry (16 April 2020).
More...
Villawood launches new estate despite pandemic
Private greenfield developer Villawood Properties is
backing buyer confidence in the face of the coronavirus pandemic as
it launches a new housing project (15 April 2020).
More...
Pathway forward for contributions reform
The NSW Government has outlined its plan to reform
developer levies and contributions to unlock new housing supply,
deliver vital community infrastructure and boost investment in NSW.
(15 April 2020).
More...
Economic stimulus to boost jobs and social housing
A targeted stimulus program is delivering a triple-impact
for NSW by boosting the economy, supporting employment and
revitalising public housing and supply (15 April 2020).
More...
Developer levies under review in bid to boost housing
supply, economy
Developer contributions and levies are the focus of a
sweeping review as the Berejiklian government steps up efforts to
boost the state's flagging economy (15 April 2020).
More...
NSW Home Building Compensation Fund under review
The Independent Pricing and Regulatory Tribunal (IPART) is
investigating possible reforms to the NSW Home Building
Compensation Fund (HBCF) designed to protect homeowners from
building defects (14 April 2020).
More...
Water Regulator finds 18 Coffs Harbour horticulture
operations non-compliant
The state's independent water regulator has released
the results from Phase 2 of its Coffs Harbour Intensive
Horticulture compliance campaign. The Natural Resources Access
Regulator (NRAR) found that 18 of the 21 properties inspected were
allegedly non-compliant with important water laws (14 April 2020).
More...
NSW Government offers $440 million land tax break to
support tenants and landlords
NSW commercial tenants significantly impacted by COVID-19
will have greater protection from evictions with the State
Government set to enact the National Cabinet Code of Conduct as
part of a $440 million land tax relief package (13 April 2020).
More...
Funding boost and emergency measures to protect
tenants
Residential tenants and landlords facing financial
hardship due to COVID-19 will receive increased support and greater
certainty from the NSW Government's new temporary rental
support measures announced (13 April 2020).
More...
Queensland
Practice Guide to navigate tenancies through
COVID-19
The Palaszczuk Government has enacted National
Cabinet's moratorium on evictions, with a Practice Guide
formalising the temporary requirements and protections for
tenancies impacted by COVID-19 (24 April 2020).
More...
REIQ: Commercial Conduct under New Code
The National Cabinet, which is made up of the Prime
Minister and leaders from the various States and Territories,
recently adopted a Code of Conduct for commercial tenants and
landlords for the duration of the coronavirus pandemic and beyond.
So, what do real estate professionals need to know? The REIQ
provides an overview (22 April 2020).
More...
Developer Lodges Plans for $450m Toowong Town
Centre
A $450 million development application
"inspired" by The Grove shopping centre in Los Angeles
has been lodged by project managers State Development Corporation
and advisory firm White and Partners (22 April 2020).
More...
Mirvac Adds Tower to $1bn Newstead Masterplan
Despite the uncertainty surrounding the impacts and
duration of the coronavirus outbreak, Mirvac is moving ahead on new
projects, unveiling plans for a 25-storey residential tower (21
April 2020).
More...
Fair middle ground reached on COVID-19 guidelines for
property owners and tenants
The Palaszczuk Government has worked with industry
stakeholders to establish Guidelines to support Queensland's
approach to implement the moratorium on evictions decided by
National Cabinet (19 April 2020).
More...
PCA: COVID-19 impacts industry confidence
The latest results from the ANZ/Property Council Survey
show confidence in the Queensland property industry has fallen
significantly since the start of the COVID-19 emergency (16 April
2020).
More...
Design Upgrades Released at Spit Revamp
Preliminary designs for two projects forming the Spit
masterplan have been released, as Queensland aims to keep plans on
track for a mid-year construction start on the Gold Coast project
(15 April 2020).
More...
Extended Hours at $3.6bn Queen's Wharf
Development of the $3.6 billion Queen's Wharf Brisbane
project will continue following the relaxation of the heavy vehicle
lock-out period during Covid-19. Developer Destination Brisbane
Consortium said the latest decision allows truck movements to and
from the Queens Wharf construction site an extra four hours a day
(13 April 2020).
More...
In practice and courts
Commonwealth
Royal Commission into National Natural Disaster
Arrangements
The Royal Commission into National Natural Disaster
Arrangements will examine coordination, preparedness for, response
to and recovery from disasters as well as improving resilience and
adapting to changing climatic conditions and mitigating the impact
of natural disasters. The inquiry will also consider the legal
framework for Commonwealth involvement in responding to national
emergencies.
The Commission is now accepting
submissions on the 2019-20 bushfire season from individuals,
community groups and the broader community until 28 April 2020.
API: Member Alert – Valuer Declaration for
PropertyPRO Reports during API Declared Time of Crisis and/or State
of Emergency
This Member Alert provides guidance to Valuers and their
corporate employers in relation to the Valuer Declaration, on the
front page of the PropertyPRO report, in situations where the
Valuer is not able to undertake a full physical or personal
inspection of the property, as per the API Valuation Protocol
– Guidelines for API Declared Time of Crisis and/or State of
Emergency Impacting Physical Inspections of Real Property (Crisis
Protocol) (24 April 2020).
More...
API: Member Alert – Guidance for Risk Ratings
during the declared "Crisis/State of Emergency"
The purpose of this Member Alert is to provide guidance
for Valuer Members (Valuers) in relation to risk rating assessments
during the declared "Crisis/State of Emergency -
COVID-19" period for valuations undertaken utilising the API
PropertyPRO Supporting Memorandum (PPSM) (24 April 2020).
More...
API: 2021-2026 APIV New Scheme Survey
With the APIV Scheme due to expire on 31 August 2021, the
API is currently in the process of preparing an application for a
new APIV Scheme to commence on 1 September 2021 for a further
period of five years ('New Scheme') (15 April 2020). More...
New NatHERS certificate to be rolled out by 30 April
2020
A new NatHERS certificate will soon come into use as
software tools transition to Chenath Engine version 3.21.The new
NatHERS certificate has been developed after significant
consultation with industry users and will replace the previous
"universal certificate" for all new assessments from 1
May 2020. Preview the
new NatHERS Certificate.
NABERS Reminder: Auditors, Supervisors, and Trainers
Panel Announced
Congratulations to the new Panel Selection for NABERS
Auditors, Supervisors, and Trainers, for October 2019-October 2022.
Find the full list
here.
RICS UN backed global standard
RICS is chairing the development of the International Fire Safety
Standard and it follows previous RICS work to bring consistency
to the standards people can expect globally across property,
construction and valuation. The International Fire Safety Standards
will be
open for global consultation until 23 March with the final
international standard to be published later in 2020.
Victoria
SRO: Land tax relief for landlords
Landlords who provide tenants impacted by COVID-19 with
rent relief may be eligible for a 25 per cent reduction on the
property's 2020 land tax. This relief is also available to land
owners who are unable to secure a tenant because of COVID-19.
Landlords can also defer the remainder of their 2020 land tax to 31
March 2021 (15 April 2020). More....
Announcements, Draft Policies and Plans released 2019
NSW Revenue
Commissioner's practice note: Emergency services
levy
This Commissioner's practice note explains how the
Emergency Services Levy Act 2017 is administered, including key
aspects of the assessment of initial and final assessments, and the
interpretation of key terms used in the legislation (24 April
2020).
More...
COVID-19 (coronavirus) and land tax
The NSW Government is introducing measures to help
commercial and residential landlords manage their rental
properties. The new support package includes a reduction of up to
25 per cent of the land tax payable on a parcel of land in the 2020
land tax year (21 April 2020).
More...
Electronic duties for professionals
Commencing Monday May 4, all complex assessing and refund
applications must be lodged digitally through our eDuties service
(15 April 2020).
More...
NSW Planning Department: Have your say - Draft plans and policies
Draft special infrastructure contributions (SIC)
guidelines
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking to improve the transparency of the
application of SICs. The draft SIC guidelines provide guidance
regarding the purpose and function of SICs and their application in
the new approach to precinct planning.
More...
Proposed amendments to the EP&A Regulation
Notification start-end date 15/04/2020 -
12/06/2020
The Department is proposing amendments to the EP&A Regulation
to improve transparency in the infrastructure contributions system
through better reporting of contributions received and expended for
individual contributions plans and planning agreements.
More...
Improving the review of local infrastructure
contributions plans - discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
Higher-rate local infrastructure contributions plans are
independently reviewed to ensure that they are reasonable. The
Department has identified ways to improve the review process of
local infrastructure contributions plans to make it more efficient
while maintaining its important function.
More...
Draft planning agreements policy framework
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking feedback on an updated planning
agreements policy framework. The proposed changes will result in a
clearer and more transparent contributions process and will allow
planning agreements to be used for their intended function to fund
innovative infrastructure solutions.
More...
Criteria to request a higher s7.12 percentage -
discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking feedback on the proposal from key
stakeholders and the community. Your feedback will help inform
critical improvements to the infrastructure contributions system in
NSW.
More...
City of Sydney: Working together to reduce strata
stress
A series of free workshops in English and Chinese will
help both strata-dwelling owners and renters tackle issues
including pets, levies and noisy neighbours. The
City of Sydney's strata skills workshops from 2 April to 18
June will be led by a series of industry professionals.
City of Sydney: Alternative Housing Idea Challenge
The community will have the opportunity to provide
feedback on the short-listed concepts as part of the City's
consultation to shape
Sydney 2050. The Alternative Housing Ideas Challenge will close
on 8 May 2019.
More...
NSW OEH: $16 million in funding for NSW manufacturers
facilities
For manufacturers as part of the NSW Government Energy
Saver program to help them save energy, money and stay competitive
globally. The first round of funding closes on 30 June 2019. More
information on the program is available at
Manufacturing efficiency funding.
Changes to Housing SEPPs
Seniors Housing State Environmental Planning Policy – the
SEPP will not apply in heritage conservation areas in Greater
Sydney until 1 July 2020.
NSW Land and Environment Court
The 2019 AustLII Database Metric and Statistics for the
Court
21 April 2020 - The Court has been involved for a number
of years in a collaborative project with AustLII to provide a range
of metrics showing the use made of LEC decisions etc. The
2019 calendar year metrics are now available.
Early Listing Dates for Conciliation Conferences and
Hearings
21 April 2020 - Due to the vacation of listings as a
result of the COVID-19 pandemic, the Court has dates available
between now and 30 June 2020 for conciliation conferences and
hearings to be conducted by telephone. Available dates will be
shown on the daily court lists.
EPA: Regulatory Action Table
The Regulatory Action Table relates to the quarter period
for 1 October- 31 December 2019 (30 March 2020).
More...
Department of Planning, Industry and Environment: Our COVID-19 response - New changes
Office of Registrar General: Schedule of release of
residual documents
This schedule provides information on what dealings will
be available electronically in May 2020.
More...
Office of Registrar General: Notice of Death now
available, Transfer of Interest next month
Notice of Death is now available electronically in NSW.
This document allows for registration of the survivorship of a
joint tenant. Please contact your Electronic Lodgment Network
Operator (ELNO) for more information on how to complete a Notice of
Death.
In March, Transfer of Interest (e.g. transfer of mortgage or lease)
and attachments to Transfers and Caveats will be made available.
Please refer to our
Schedule of eDealings page for more information on new
functionalities in NSW.
Office of Registrar General: Schedule of release of
residual documents
This schedule provides information on what dealings will
be available electronically in May 2020.
More...
Office of Registrar General Reminder: Part tenancy
transfer
Dealing electronically with part tenancy titles is now
much easier. Previously this type of transaction had to revert to
paper (cl 5.7 in
Waiver CR2/2019). The only requirement is that both A and B
must be represented (by the same or different subscribers).Waiver
CR2/2019 expires on 30 June 2020, unless extended by the Registrar
General
Current LEP Proposals from 14 April 2020
Wollondilly LEP 2011 - Amendment to rezone land at Anglican
College, Bargo (0 dwellings, 28 jobs)
Planning Proposal - Removal of multi dwelling housing from the R2
Low Density Residential zone
Hawkesbury Local Environmental Plan 2012 - Amendment - 27 Park
Road, Vineyard and 41 Park Road, Mulgrave (potential jobs number
unknown)
Reclassify 1-3 Bathurst Street, Singleton
No 10 Victoria Street Berry (adjacent the Arbour Retirement
Village) Planning Proposal
Gilead Stage 1 - Various amendments to Campbelltown LEP 2015 (177
dwellings, jobs TBC)
Menangle Park - Various amendments to Campbelltown LEP 2015 (1850
dwellings, 2700 jobs)
405 Cessnock Road, Ryhope
Reclassification and / or rezoning of Council owned land at
Lismore
Queensland Government: COVID-19
Urgent amendments to the Planning legislation are in
effect to address concerns raised by a range of stakeholders,
including local government and industry, in response to the
COVID-19 (updated 24 April 2020).
More...
PCA Advice: Implementation of the National Cabinet
Mandatory Code of Conduct for SME Commercial Leasing Principles
during COVID-19 crisis
After considering the contents of the Code and reflecting
on how it can be best implemented in Queensland, the Property
Council offers the following advice. The comments below outline the
industry's recommendations and highlights other areas where
further clarification is required (22 April 2020).
More...
REIQ: Code of Conduct for commercial leasing
For more information on the Code of Conduct for commercial
leasing, check out The REIQ's fact sheet here for the
essentials you need to know.
Click here to download it now (22 April 2020).
Planning legislation amendment: emergency
provisions
In response to COVID-19, changes have been made to the
Economic Development Act 2012 to address concerns raised by
stakeholders. View further information on the
planning legislation amendments (updated 15 April 2020).
COVID-19 update on Courts, Commissions, Tribunals,
property law and criminal law
QLS will provide up to date information on their website
regarding the evolving COVID-19 situation and the response of the
Courts, Commissions, and Tribunals in Queensland. View further
key updates on information specifically relating to
property law.
Oxley Priority Development Area master plan -
Submissions
This will feature 80 residential lots, 10 hectares of
public open and green space, and a site for retirement and
community facilities, as well as supporting the relocation of the
Yuingi childcare centre. Submissions close 11 May via email.
More...
Cases
Hivance Pty Ltd v Moscatiello & Ors
[2020] VSC 183
LAND LAW – Restrictive covenant on land in a
suburban neighbourhood preventing more than one dwelling on the
land – Application to modify the covenant to permit three
dwellings to be constructed on the land – Whether plaintiff
proved that modification will not cause substantial injury to the
beneficiaries of the covenant – Whether neighbourhood retains
an intact special character due to the network of single dwelling
covenants – Whether the 'horse had bolted' in that
existing multi-dwellings in the neighbourhood had already eroded
any special character the covenant had previously assisted to
maintain – s 84(1)(c) Property Law Act 1958 (Vic) –
Randell v Uhl [2019] VSC 668
Stewart v Owen [2020] VSC
175
ADMINISTRATIVE LAW – Appeal from decision of
Victorian Civil and Administrative Tribunal – Whether Part IV
of the Property Law Act 1958 confers jurisdiction to make
declaration and order a co-owner to transfer his or her part
interest in land to a co-owner – Whether correct legal test
for imposition of constructive trust applied – Property Law
Act s 225 & s 228 – Muschinski v Dodds [1985]
HCA 78; (1985) 160 CLR 583 – Baumgartner v
Baumgartner [1987] HCA 59; (1987) 164 CLR 137 –
Miller v Martin [2020] VSCA 4 – Miller v
Martin [2018] VSC 444 – Binns v Binns [2018]
VCAT 759 – Pavlovich v Pavlovich (Real Property)
[2012] VCAT 869
Studholme v Rawson [2020] NSWCA
76
APPEAL – grounds – order of consideration
– bias – effect on trial – need to address first
– BIAS – prejudgment – trial judge expressed
views based on filed evidence – views expressed to counsel in
chambers – reliance on statements in judgment –
reliance on overriding purpose in Civil Procedure Act 2005 (NSW),
Pt 6 – acquiescence or waiver – statements revealing
legal error, not prejudgment – REAL PROPERTY –
easements – compensation – assessment of compensation
for owner of servient tenement – application of valuation
principles in determining compensation payable – need to
determine terms and conditions of easement before assessing
compensation – Conveyancing Act 1919 (NSW), s 88K(4) –
REAL PROPERTY – easements – whether reasonably
necessary – terms and conditions of easement – need to
determine when deciding whether easement reasonably necessary
– drainage works – joint report of expert engineers
rejected – need for remittal – Conveyancing Act 1919
(NSW), s 88K(3) – COSTS – easement application –
statutory entitlement of land owner – objection based on
joint report of experts – whether conduct of land owner
unreasonable – basis for departure from statutory entitlement
– Conveyancing Act 1919 (NSW), s 88K(5) – PRACTICE AND
PROCEDURE – open justice – holding "informal
directions hearings" in chambers – no access for public
– absence of parties – no record of conversation
– risk of participants becoming witnesses – practice
decried
Deligiannidou v Sundarjee [2020]
NSWSC 437
CONTRACTS – CONTRACT FOR SALE OF LAND –
deposit – where contract provided for payment of deposit by
cheque – where agent by email directed vendors to pay deposit
by EFT to its trust account – where fraudster send subsequent
email to vendors directing payment to a different account –
deposit evidently lost – whether agent acting as vendor's
agent for this purpose – whether relevant authority conferred
on agent by term on the agency agreement
Hatziandreou Holdings Pty Ltd v Bayside
Council [2020] NSWLEC
1191
APPEAL – modification application –
development constructed contrary to development consent –
modification seeks to incorporate the development as constructed in
addition to proposed works – whether substantially the same
– whether communal open area location and size was a material
element of the original development – traffic and parking
impacts
Karimbla Constructions Services (NSW) Pty Ltd v The
Council of the City of Sydney [2020] NSWLEC
1180
MODIFICATION APPLICATION – conciliation conference
– agreement between the parties – orders
Ellis v Lane Cove Council [2020]
NSWLEC 1190
DEVELOPMENT APPEAL – residential dwelling –
excavation – consistency with character and streetscape
Anglican Community Services v Ku-ring-gai
Council [2020] NSWLEC
1189
MODIFICATION APPLICATION – conciliation conference
– agreement between the parties – orders
Tweed Shire Council Preserved Sick Leave Enterprise
Agreement 2020 [2020] NSWIRComm
1032
EMPLOYMENT AND INDUSTRIAL LAW – awards and
agreements – application for approval of enterprise agreement
– preserved sick leave payout entitlements –
flexibility to use sick leave before retirement – inclusion
of clause to enable leave to be taken in unusual circumstances,
such as major floods, pandemics or operational close downs –
previous enterprise agreement rescinded - enterprise agreement
approved
Secretary, Department of Planning and Environment v
Sell & Parker Pty Ltd (No 3) [2020]
NSWLEC 35
CRIMINAL PROCEDURE — Subpoena — Application to
set aside — Legitimate forensic purpose — Documents
sought relating to monetary benefits order — Application to
set aside dismissed – ENVIRONMENT AND PLANNING — Land
and Environment Court — Practice and procedure —
Judgments and orders — Monetary benefits order
Winau Aust Pty Ltd & Ors v LCC Property Development
Pty Limited & Ors [2020] NSWSC
434
LAND LAW — Torrens title — Indefeasibility of
title — Effects of indefeasibility — Funds advanced by
mortgagee pursuant to registered mortgage procured by alleged
fraudster purportedly on behalf of mortgagor company —
Mortgaged property sold — Which of innocent mortgagee and
innocent mortgagor entitled to proceeds
Chan v Tan [2020] NSWSC
428
CONTRACTS – construction – interpretation
– joint venture deed jfor the redevelopment of two adjacent
properties at Willoughby – subsequent deed conditional on
rescission of existing deed – delivery in escrow –
whether subsequent deed came into force – whether termination
under subsequent deed valid – CONTRACTS – construction
– interpretation – joint venture deed –
termination conditional on non-occurrence of event by certain date
– inconsistency – omission of words by construction
under Fitzgerald v Masters principle – EQUITY –
fiduciary duties – fiduciary relationships – parties to
joint venture – breach of obligations – director of
company party to joint venture – whether director liable as
accessory to the company's breach of fiduciary obligation
Herbert v New South Wales Land and Housing
Corporation [2020] NSWCA
74
CIVIL PROCEDURE – appeal – question of law
– request to issue subpoena – refusal of request by
Registrar – review of Registrar's decision – CIVIL
PROCEDURE – application to vacate hearing date –
termination of residential tenancy agreement – effect of
COVID-19 pandemic – whether moratorium on rental tenancy
evictions – Residential Tenancies Regulation 2019 (NSW), Pt
6A – CIVIL PROCEDURE – appearance – failure to
file notice of appearance – Uniform Civil Procedure Rules
2005 (NSW), rr 51.5; 6.9; 6.11 –CONSTITUTIONAL LAW –
operation of State law – whether inconsistent federal law
– Government policy not a law – no notice given to
Attorneys General – Judiciary Act 1903 (Cth), s 78B –
Constitution, s 109 – no inconsistency
D'Annunzio v North Sydney Council
[2020] NSWCATAP 66
APPEAL – Retail leases – Claim of misleading
or deceptive conduct - Whether Tribunal erred in its construction
of the word "road" in the lessor's disclosure
statement – Whether the Tribunal's findings were against
the weight of evidence
PRJM Pty Ltd v Hawkesbury City Council
[2020] NSWLEC 1187
DEVELOPMENT APPLICATION – caravan park –
whether proposed development is compatible with character of local
area – whether location and character make site particularly
suitable for a caravan park – whether necessary facilities
and services are reasonably available and accessible to future
occupants of caravan park – consideration of road widths
– consideration of contamination of site
Richards v Waverley Council
[2020] NSWLEC 1186
APPEAL – modification application –
conciliation conference – agreement reached
HQME Pty Ltd v Randwick City Council
[2020] NSWLEC 1185
DEVELOPMENT APPLICATION – conciliation conference
– agreement between the parties – orders
Nakhle v Woollahra Municipal Council
[2020] NSWLEC 1188
DEVELOPMENT APPLICATION – conciliation conference
– agreement between the parties – orders
Scott-Mackenzie v Independent Liquor and Gaming
Authority [2020] NSWCATAD
108
ADMINISTRATIVE REVIEW — grant of liquor licence
— whether the overall social impact of the licence ... will
not be detrimental to the well-being of the local or broader
community
Cases to 20 April 2020
Mehmet v Carter [2020] NSWSC
413
CONTRACTS — Termination — Repudiation of
contract — where purchasers raised requisitions — where
plausible contentions and vendors refused to address – LAND
LAW — conveyancing — contract for sale — breach
— error or misdescription — requisitions —
Vendors' obligations — notices to complete —
Purchasers' remedies – ENVIRONMENT AND PLANNING —
heritage conservation — Protection of Aboriginal heritage
— meaning of "Aboriginal object" — National
Parks and Wildlife Act 1974 (NSW)
Karakatsis Holdings Pty Ltd v Bayside
Council [2020] NSWLEC
1182
DEVELOPMENT APPLICATION – conciliation conference
– agreement between the parties – orders
Syncept Chatham Pty Ltd v City of Ryde Council (No
2) [2020] NSWLEC
30
COSTS – which party to bear costs – whether
late amendment alters usual order – whether separate ground
rendered unnecessary by late successful ground should not be
subject of costs – usual order made
Baynes v Chief Commissioner of State
Revenue [2020] NSWCATAD
106
TAXES AND DUTIES – stamp duty concession –
real and apparent purchaser – whether real purchaser
"provided the money for the purchase of the dutiable
property" – need to establish that the applicant
provided the whole of the purchase price – not
established
Connoisseur Investments Pty Ltd v Sutherland Shire
Council [2020] NSWLEC
1181
DEVELOPMENT APPLICATION – R3 medium density
residential zone – multi-dwelling housing – landscape
setback – flood planning
Waters v Silva Portfolios Pty Ltd t/as Ballina
Waterfront Village and Tourist Park [2020]
NSWCATAP 60
APPEALS – appeal on a question of law –
procedural fairness – bias – actual bias –
apprehended bias – whether Tribunal failed to apply the
applicable law – APPEALS – leave to rely on fresh
evidence – APPEALS – leave to appeal – whether
the decision not fair and equitable and against the weight of
evidence.
Leroma Pty Ltd v Randwick City Council
[2020] NSWLEC 1179
DEVELOPMENT APPLICATION – Affordable Infill housing
– amended plans - conciliation conference – agreement
between the parties – orders
Lay v Inner West Council [2020]
NSWLEC 1178
Alterations and additions to mixed use building –
Heritage Conservation Area – whether compatible with desired
future character
Dan Properties Pty Ltd v Sutherland Shire
Council [2020] NSWLEC
1172
DEVELOPMENT APPLICATION –shopping centre –
additional point of egress – road hierarchy – safe and
convenient access – landscape character
Genamson Holdings Pty Ltd v Moreton Bay Regional Council
& Anor [2020] QSC
84
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND
– POWERS OF ACQUISITION – GENERALLY – where
pursuant to s 7 of the Acquisition of Land Act 1967 (Qld) the
respondent Council issued a Notice of Intention to Resume –
where the applicant objected to the proposed resumption of land
– where the first respondent arranged for the objection to be
heard by a Delegate at an objections hearing – where the
Delegate provided a report recommending the respondent Council give
"due consideration" to expert engineer's report on
proposed resumption of land – where expert engineer report
was not in material before the respondent Council at meeting -
where the respondent Council resolved to make an application to the
Minister for Natural Resources and Mines to resume the land
pursuant to s 9 of the Acquisition of Land Act 1967 (Qld) –
whether respondent Council failed to take into account a material
consideration in making application to resume the land
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – FAILURE TO OBSERVE STATUTORY PROCEDURE – where
the respondent Council resolved to make an application to the
Minister for Natural Resources and Mines to resume the land
pursuant to s 9 of the Acquisition of Land Act 1967 (Qld) –
where respondent Council failed to provide all objections material
to the Minister in application – whether failure by
respondent Council to comply with terms of the Acquisition of Land
Act 1967 (Qld) – whether jurisdictional error – whether
procedure required by law to be observed or not observed
Acquisition of Land Act 1967 Qld s 7, s 8, s 9, Sch 2; Civil
Proceedings Act 2011 Qld s10
Ashtrail Pty Ltd & Anor v Council of the City of Gold
Coast [2020] QCA
82
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS
WITHIN ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING
AND ENVIRONMENT COURT AND ITS PREDECESSORS – RIGHT AND
AVAILABILITY OF APPEAL – where the applicants seek leave to
appeal from a decision of the Planning and Environment Court
– where the proceedings below were brought by the respondent
seeking relief in respect of a development approval granted to the
applicants in 2010 – where the decision below declared that:
the 2010 Approval had not lapsed; conditions 5, 6, 10, 12 and 16 of
the 2010 Approval had not been complied with; and, the
non-compliance constituted a development offence under s 164 of the
Planning Act 2016 (Qld) – where orders were made that the
applicants comply with the five conditions prior to the
commencement of the use permitted by the 2010 Approval –
where none of the five conditions has been complied with –
where the respondent did not oppose the grant of leave to appeal in
respect of the first five grounds but opposed the sixth on the
basis that it involved contended errors of fact rather than law
– whether leave to appeal should be granted
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where s
340(1)(a) of the SPA provided that development under the 2010
Approval could start immediately upon it being granted –
where s 341 of the SPA provided when an approval lapsed –
where the applicants contend that on the proper construction of
condition 5, payment was an essential precondition which had to be
fulfilled "prior to ... the commencement of the use", and
since they had not been satisfied, there was no "first change
of use" within the four year period following the 2010
Approval – whether the learned trial judge erred by finding
that the 2010 Approval had not lapsed under s 341(1) of the SPA
when the five conditions had not been complied with
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where
the applicants contend that there were significant departures from
the approved plans and drawings contained in the 2010 Approval
which had the effect that it lapsed "because the particular
use under the 2010 Approval did not occur prior to that date"
– where the learned trial judge observed that it could be
accepted that evidence reflected departures from the approved form
of the development that were not minor – where the learned
trial judge held that the departures were in no way determinative
of the question whether the use to which the land was being put was
the use contended for by the respondent – whether the learned
trial judge erred by finding that the 2010 Approval had not lapsed
under s 341(1) of the SPA, when condition 1 required the
development to be carried out generally in accordance with the
approved plans and drawings, and the approved plans and drawings
had not been complied with
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where
the applicants contended that the respondent's proceedings were
out of time because they had been started more than six years from
the date on which the cause of action arose – where the
learned trial judge accepted that the cause of action was complete
on the date the 2010 Approval came into effect – where the
learned trial judge concluded that the proceedings were for
enforcement proceedings concerning alleged non-compliance with
conditions of an approval – whether the learned trial judge
erred by finding that s 10(1)(d) of the Limitation of Actions Act
1974 (Qld) does not apply to an application seeking an enforcement
order pursuant to s 180 of the Planning Act, where the order sought
by the Council required the applicants to pay sums of money to
it
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INTERESTS – QUEENSLAND – where the
learned trial judge concluded that matters identified concerning
the loss of documents would not have led to a different conclusion
as to the fact that the delay had not caused any material prejudice
– where the applicants were on notice that the respondent
contended that the conditions had not been met and could be
enforced – whether the learned trial judge erred by finding
that s 38(4) of the Acts Interpretation Act 1954 (Qld) does not
apply to an application seeking enforcement orders pursuant to s
180 of the Planning Act
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INTERESTS – QUEENSLAND – where the
applicants' contentions commenced with observing that the term
"driving instructing" was not defined in the two relevant
planning schemes in operation at the commencement of use on Lot 36,
and at the time of the 2010 Approval – where factual
statements drawn from promotional material issued by the applicants
were likely to be accurate in the description of the existing use
– where the learned trial judge also referred to documents
published by the applicants subsequent to the 2010 Approval –
where his Honour rejected the qualifications placed upon the
documentary evidence by the two principals – whether the
learned trial judge erred by construing the term "driving
instructing" to include instruction in the operation of plant
and equipment or, alternatively, failing to give adequate reasons
for so construing the term "driving instructing"
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INTERESTS – QUEENSLAND – whether
the learned trial judge erred by finding that there had been a
material change of use for "driving instruction" or
"motor vehicle workshop/ERA" on Lot 36, in the absence of
evidence to justify that finding or, alternatively, by drawing
inferences not properly available on the evidence; and misapplying
the onus of proof in that regard
Townsville City Council v QNI Metals Pty Ltd &
Anor [2020] QSC 61
Plaintiff sues to recover rates and the defendants claim
that they are not liable to pay rates – they rely on part of
a schedule to the Queensland Nickel Agreement Act 1970 and an
agreement said to have been made between the State and their
predecessor in title
Legislation
Commonwealth
Industry
Research and Development (Access to Bushfire Construction Standards
Program) Instrument 2020
24/04/2020 - This instrument prescribes the Access to
Bushfire Construction Standards Program.
Victoria
Bills
COVID-19 Omnibus (Emergency Measures) Bill 2020
Date of second reading speech: 23 April 2020
Primarily, the Bill will implement the National Cabinet tenancy
reforms announced – enshrining the temporary ban on rental
evictions and rent increases in law, and boosting mediation support
to help landlords and tenants negotiate new, fair rental
agreements
NSW
Regulations
Retail
and Other Commercial Leases (COVID-19) Regulation 2020
(2020-175) — published LW 24 April 2020
Water
Supply (Critical Needs) Amendment (Bathurst Water Supply)
Regulation 2020 (2020-171) — published LW 24 April
2020
Residential
Tenancies Amendment (COVID-19) Regulation 2020 (2020-147)
— published LW 15 April 2020
Environmental Planning Instruments
Camden
Local Environmental Plan Amendment (Sydney Region Growth
Centres—Camden Precinct) 2020 (2020-172) —
published LW 24 April 2020
Hawkesbury
Local Environmental Plan 2012 (Amendment No 22) (2020-173)
— published LW 24 April 2020
Waverley
Local Environmental Plan 2012 (Amendment No 17) (2020-174)
— published LW 24 April 2020
Glen
Innes Severn Local Environmental Plan 2012 (Amendment No 4)
(2020-158) — published LW 17 April 2020
Kempsey
Local Environmental Plan 2013 (Amendment No 27) (2020-159)
— published LW 17 April 2020
Kiama
Local Environmental Plan 2011 (Amendment No 16) (2020-160)
— published LW 17 April 2020
Lismore
Local Environmental Plan 2012 (Amendment No 36) (2020-161)
— published LW 17 April 2020
Rockdale
Local Environmental Plan 2011 (Amendment No 22) (2020-162)
— published LW 17 April 2020
Standard
Instrument (Local Environmental Plans) Amendment (Energy Storage
Technology) Order 2020 (2020-155) — published LW 17 April
2020
State
Environmental Planning Policy (Infrastructure) Amendment (Energy
Storage Technology) 2020 (2020-156) — published LW 17
April 2020
State
Environmental Planning Policy Amendment (Minor Amendments) 2020
(2020-157) — published LW 17 April 2020
Sutherland
Shire Local Environmental Plan 2015 (Amendment No 16)
(2020-163) — published LW 17 April 2020
Wentworth
Local Environmental Plan 2011 (Amendment No 16) (2020-164)
— published LW 17 April 2020
Wollongong
Local Environmental Plan 2009 (Amendment No 44) (2020-165)
— published LW 17 April 2020
Queensland
Appropriation (COVID-19) Bill 2020
Introduced by: Hon J Trad MP on 22/04/2020
Stage reached: Passed on 22/04/2020
COVID-19 Emergency Response Bill 2020
Introduced by: Hon A Palaszczuk MP on 22/04/2020 Stage reached:
Passed on 22/04/2020
The policy objectives of the Bill are to amend the Parliament of
Queensland Act 2001(the Parliament of Queensland Act) to:
" establish a power to make emergency regulations for the
residential tenancy and rooming accommodation sectors to address
the impacts of the COVID-19 emergency;
" facilitate implementation of the National Cabinet decision
in relation to good faith leasing principles for relevant
non-residential leases in Queensland.
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.