In the media
Commonwealth
Rents and the Impact on property management
The REIA has proposed a package of rental support to be
administered through the current arrangement for payment through
the Corona Virus Supplement direct to property management agencies
(27 March 2020).
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Woolworths offers tenants rent relief
Supermarket giant Woolworths has thrown down the gauntlet
to other retail landlords by offering rent relief and employment
opportunities to help tenants in its shopping centres and other
retail assets impacted by the coronavirus pandemic (26 March 2020).
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Building and Construction Industry Employers and Unions
unite on COVID-19
The united group has and will continue to follow
guidelines from both the National Cabinet and Victorian State
Government, which confirms that stage two restrictions do not apply
to construction sites and electrical and plumbing services - as
these are considered essential activities (26 March 2020).
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Backing the government's advice on auctions and open
houses
Yesterday's statement from the REIA's president
Adrian Kelly regarding the conduct of auctions and open houses by
real estate agents, was followed by the Prime Ministers statement
to cancel the conduct of public auctions and open houses after the
cabinet meeting (25 March 2020).
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Industry adapts to new restrictions
Following Prime Minister Scott Morrison's new
guidelines for auctions and open houses, the real estate industry
has developed a workaround, with technology aiding agents, a
platform states (25 March 2020).
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Victoria
Melbourne's top 15 major development projects
Despite the crippling economic impacts of the recent
coronavirus outbreak and the uncertainty hanging over the
nation's property sector, Melbourne remains the midst of a
development boom (26 March 2020).
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Economic survival package to support businesses and
jobs
The Victorian Government will pump billions of dollars
into the economy to help Victorian businesses and workers survive
the devastating impacts of the coronavirus pandemic. Commercial
tenants in government buildings can apply for rent relief – a
move private landlords are also being encouraged to undertake
– and 2020 land tax payments will be deferred for eligible
small businesses (21 March 2020).
More...
Plans for world-first solar power plant in western
Victoria
On behalf of the Australian Government, the Australian
Renewable Agency has announced $3 million in funding to RayGen
Resources Pty Ltd to conduct a technical and commercial feasibility
study for a 4 MW "solar hydro" power plant to be built in
north-western Victoria (19 March 2020).
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Heritage building overshadows Dexus proposal
Dexus' plans for a 26-storey office tower has been
given the final assent by the City of Melbourne following initial
concerns about overshadowing and the heritage-listed Melville House
(17 March 2020).
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NSW
Tenancies impacted by COVID-19 Emergency Measures
Legislation
The COVID-19 Legislation Amendment (Emergency Measures)
Act 2020 (NSW) assented to on 25 March 2020, gives the NSW
Government the power to ban evictions for six months, whilst the
Federal Government is contemplating rent freezes (26 March 2020).
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Toplace to develop $111m Mascot project
Toplace could join a long list of developers in Mascot
after its $111 million project received a "deferred
commencement" from the Sydney East City Planning Panel (26
March 2020).
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Clear messages from Government – Construction work
is exempt from the close-down and will continue
Urban Taskforce CEO, Tom Forrest, welcomed the clear
message delivered by the Premier, Gladys Berejiklian MP, which
declared construction sites and workplaces to be "exempt"
from the list of businesses to be shut down (25 March 2020).
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e-Planning to become mandatory from July
The NSW government says e-planning will transform the
planning system. From July 1 councils and Principal Certifying
Authorities (PCAs) in metropolitan areas will have to start
accepting and processing DAs, complying development certificates
and post-consent certificates via the NSW Planning Portal (22 March
2020).
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New rules allow supermarkets to receive deliveries
24/7
Planning and Public Spaces Minister Rob Stokes said the
State Environmental Planning Policy Amendment (COVID-19 Response)
2020 makes clear that truck deliveries are able to supply shops and
retailers with essential goods at all times to support communities.
The new rules apply immediately and will be kept in place until the
crisis is over (20 March 2020).
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In practice and courts
Consumer Affairs Victoria: Know your rights as Victoria
adapts to coronavirus (COVID-19) - News alert
The situation is frequently changing and Victorians
understandably have many questions. In response to increased
enquiries, Consumer Affairs Victoria has compiled information about
how the pandemic affects areas we regulate.
A new page at consumer.vic.gov.au/coronavirusandrights covers:
Evictions; renters in crisis; inspections and auctions; owners
corporation annual general meetings; products and services; price
gouging and resellers; event cancellations and refunds; sports
memberships; scams relating to coronavirus (COVID-19) (25 March
2020).
More...
Cases
162 Tucker Pty Ltd v SPG Tucker Pty Ltd &
Ors [2020] VCC 284
Contract of Sale – nomination of purchaser –
whether contractual relationship existed between nominee and vendor
– whether there was a repudiation of contract by purchaser by
persistent inability or unwillingness to settle – whether
there was a repudiation of contract by vendor – whether
vendor's Notices of Default were valid – whether
vendor's purported termination of contract vendor was valid
– whether the contract was abandoned by one or both parties
– where original purchaser went into liquidation after the
commencement of the proceeding - whether damages could be recovered
by the vendor from nominee or purchaser's guarantor –
measure of damages – whether monies were loaned to the
nominee by an associate of the vendor by provision of a bank cheque
– whether the recipient of cheque was authorised by the
borrower to receive it – whether receipt of the bank cheque
by that person was receipt by the proposed borrower
Sully v Englisch (Civil Claims)
[2020] VCAT 378
Misleading and deceptive conduct s 18 Australian Consumer
Law – misleading representation made with the intention to
induce sale of land contrary to s 12 Sale of Land Act 1962 –
contravention of s 32 Sale of Land Act 1962 – application of
Australian Consumer Law and Fair Trading Act 2012 s 48A
Paul Englisch trading as Alpine Property must pay Melissa Sully the
sum of $38,271.45
Stewart v White [2020]
VSC
LAND LAW – Sale of Land Act 1962 (Vic) s 31 –
Contract of Sale – cooling off provisions – whether
contract of sale was terminated – whether legal effect of
giving a cooling off letter can be suspended by giving it as an
escrow ? Monarch Petroleum v Citco Petroleum [1986] WAR
310 considered – if terminated, whether contract was
reinstated by conduct of the parties – Lohar Corp Pty Ltd
v Dibu Pty Ltd (1976) 1 BPR 9177 considered
EQUITY – equitable Estoppel – whether deposit could be
retained by purchaser if detrimental reliance upon assumption
induced by vendor that contract remained on foot – difference
between a contractual promise and an equity arising from an
estoppel – Waltons Stores (Interstate) Limited v
Maher (1988) 164 CLR 387 – where finding that vendor
induced purchaser to assume that contract of sale remained on foot
– whether any detrimental reliance upon assumption that
contract of sale remained on foot – no detrimental reliance
upon assumption
Brown v KayHill Property Group Pty Ltd (Civil
Claims) [2020] VCAT
292
Car stacker in "off the plan" development
– whether misrepresentation occurred – whether conduct
of developer unfair or unconscionable – In circumstances
where the type of car stacker system to be used was evidently
undecided at the time the contract was signed, where the contract
made no guarantees as to the car stacker dimensions and where it
was clear from the contract that change could occur at the
Vendor's discretion
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.