In the media
Commonwealth
Seven signs the housing market Is nearing its peak
The pace of capital gains across Australian housing
markets has been close to record breaking, with the national growth
rate in March the fastest since 1988, according to the update of
CoreLogic's benchmark measure of housing values (23 April
2021).
More...
People with disabilities are living in homes that
don't fit them — but advocates say a change is
coming
Proposed changes to the National Construction Code being
considered next week could make it easier for people with
disabilities to live in their own homes, as advocates say most live
without adequate housing (22 April 2021).
More...
Housing boom may be halted by regulators or economic
trends, analysts warn
Some analysts are warning that Australia's
multi-decade property boom may be about to end, but most agree that
will not happen this year with double-digit house price growth
widely expected in 2021 (22 April 2021).
More...
HIA: Demand for residential land elevated
Land prices in the December quarter started to reflect the
increase in demand that was seen in the September quarter(20 April
2021).
More...
CEFC finance unlocks clean power, lower emissions for
industrial tenants
A CEFC investment of up to $75 million in Frasers
Property's A$300 million sustainability linked loan (SLL) will
help deploy clean energy technologies in two Australian industrial
projects that will reduce embodied carbon, cut operating emissions
and deliver zero carbon energy electricity for tenants at no
additional cost (19 April 2021).
More...
What Australian home buyers can learn from Sydney's
urban sprawl
Huge population and housing growth on Sydney's western
fringes has left communities without enough schools, parks and
public transport. It's a problem that could be replicated
across the country as outer metropolitan areas in other states
experience the same rapid expansion (18 April 2021).
More...
Investors testing the market with $100m-plus in
listings
Cashed-up buyers seeking solid returns from bricks and
mortar properties are testing the Sydney and Melbourne markets with
office towers, industrial assets and development sites (17 April
2021).
More...
'Supply is restricted': NAB chief calls for
faster housing approvals
The boss of one of Australia's biggest banks is urging
state and territory governments to revamp planning rules to
encourage more housing development amid forecasts of double-digit
price growth for 2021 (16 April 2021).
More...
Property industry confidence continues to climb
Property industry confidence levels are approaching record
highs as the sector leads Australia's economic recovery from
the COVID-19 pandemic (15 April 2021).
More...
'There will be bankruptcies': Mascot Towers
owners urged to sell as developers circle
Owners of the beleaguered building are told to expect to
cop a loss of up to 80 per cent on their units after several
developers expressed interest in buying the block with a view to
demolishing it and rebuilding from scratch (15 April 2021).
More...
New wave of projects redefine aged care
development
Developers and investors are now shifting gears in order
to elevate offerings in an increasingly competitive market.
Sprawling housing developments are increasingly becoming less
desirable and, as people live longer, there has been a push for
more customisable amenities in order to reflect an occupant's
choices (15 April 2021).
More...
Infrastructure Australia publishes Sustainability
Principles
Recently released Sustainability Principles from
Infrastructure Australia are set to guide and promote
sustainability across the infrastructure sector, securing major
investments to provide the best outcomes for the community (13
April 2021).
More...
Balance of power shifts as tenants prepare to negotiate
cheaper rents
Many property investors holding apartments in inner-city
Melbourne and Sydney are being forced to slash rents, with some are
asking up to 25 per cent less than a decade ago (13 April 2021).
More...
Would-be buyers increasingly comfy with expensive
property: REA
Buyers are more likely to spend more to secure a property
as their preferences shift towards bigger spaces with higher price
tags, recent data has shown in REA's latest report (13 April
2021).
More...
Commercial developers on the ropes
The big story for banking is the fall over of developers
of units, town-houses, medium density and high density towers and
fortresses. In modern finance, the breakdown in bank credit quality
almost always centres on commercial property developers (12 April
2021).
More...
2021 UDIA State of the Land launched
UDIA National has launched the 2021 State of the Land
report - the industry's most crucial and comprehensive overview
of new home and apartment markets across our capital cities (12
April 2021). More...
Victoria
Plan supports growth of Victorian tourism and jobs
The Victorian Government has released a
roadmap that will help revitalise and grow Victorian tourism
after the impacts of bushfires and the global pandemic. Investments
include $149 million in flagship projects and $46 million for 30
shovel-ready infrastructure projects confirmed in March (22 April
2021).
More...
Record land sales boost consumer confidence in
Victoria
Demand for land in Victoria has remained strong despite
the end of HomeBuilder, according to figures released by Red23 this
week (21 April 2021).
More...
The Vegemite factory, which still pumps out the spread,
may be protected for its heritage values
The Vegemite factory, the West Gate Bridge and portable
buildings that date back to the Gold Rush era are among a suite of
structures that are being considered for better heritage protection
(16 April 2021).
More...
Caulfield Racecourse unveils $570m sports, entertainment
precinct plan
The historic venue plans to create a concert space to
rival the Sidney Myer Music Bowl, an indoor sports complex and up
to seven sporting fields within the perimeter of its racetrack (14
April 2021).
More...
Office developers turn attention outside CBD
Development applications are coming in thick and fast for
office projects in the City of Yarra region. While Melbourne's
CBD office vacancy is currently 8.2 per cent, the long-term future
for office space will be recovery, according to Knight Frank
Melbourne research (12 April 2021).
More...
Fears plan for Sunshine rail 'super hub' will be
watered down
Upgrades to the station as part of the $8-$13 billion
airport rail project are mooted to be treated predominantly as a
"transport infrastructure-led project" rather than an
opportunity for urban renewal (11 April 2021).
More...
NSW
NSW Treasury's Chief Economist calls for changes in
CBD planning
Urban Taskforce welcomes intervention from the Chief
Economist of the NSW Treasury, Stephen Walters, who says that post
COVID-19, Sydney's CBD will not return to pre-COVID employment
levels. That means the planning system must be flexible and allow
changes of use to apartments as has happened successfully
throughout the world (20 April 2021).
More...
Warnings NSW stamp duty reforms could distort the
property market
Lawyers and accountants are questioning the Berejiklian
government's strategy of replacing stamp duty (19 April 2021).
More...
Queensland
Brisbane city centre future under scrutiny
An interim report outlining how to lure people back to
Brisbane's heart is being prepared ahead of a master plan for
the city centre (22 April 2021).
More...
Secret document detailing massive Moreton Bay
development's community benefits to stay hidden
Details of the planned Toondah Harbour development at
Cleveland will remain between the state government and the
developer, after a tribunal ruled crucial documents about the
public benefits of the proposal should remain secret (22 April
2021).
More...
Migration slump could gift SEQ a building
'catch-up' decade
The slow return of overseas migration could give
south-east Queensland space to get ahead on major infrastructure
projects, even as population growth continues to outpace all other
Australian states and capital cities. (22 April 2021).
More...
Brisbane rental vacancies lowest since 2012
Brisbane's private rental market vacancies are at
their lowest rates for more than eight years, with most of the
state's rates less than 1 per cent (21 April 2021).
More...
'Brushed aside': Bushland concerns re-emerge on
contentious site
Brisbane City Council says it will meet with residents
over plans for the 'gross over-development' of an Eight
Mile Plains site which has sparked more than 800 submissions (19
April 2021).
More...
Heritage panel to bolster Queensland protection
The Palaszczuk Government has announced a new advisory
panel will be established to strengthen Queensland's heritage
register and provide expert advice on heritage places and spaces
(18 April 2021). More...
Bid to open up student accommodation to workers
Scape Australia plans to open up its student accommodation
to essential workers and interstate travellers as it waits for
international students to return to the country (15 April 2021).
More...
Public Register Portal opens up environmental records to
all
A new online portal will give the public improved
access to environmental licences and permits in Queensland. The
Public Register Portal can be accessed
here (14 April 2021).
Land rent relief for cyclone victims
The Department of Environment, Land and Water has revealed
that more than 1,500 primary producers impacted by Tropical Cyclone
Niran are to receive a land rent reprieve (13 April 2021).
More...
Loss of historic Brisbane home prompts calls for
heritage overhaul
Combined community groups say both the Queensland
government and Brisbane City Council are out of step with
communities eager to protect character homes (11 April 2021).
More...
Published – articles, papers, reports
Understanding pet policies for Australian
households
AHURI Brief: 14 April 2021
Reforms are happening across Australia, but how pet friendly is our
housing market? Around 5.9 million Australian households (61 per
cent of all households) had a pet in 2019, a rate greater than for
both the US (57 per cent) and the UK (40 per cent).
More...
Global Sustainable Building and Construction Industry
Report 2021: Sustainability trends include sustainable building
materials, net-zero energy buildings and biomimicry & biophilic
design
April 15, 2021: Research and Markets
This research service titled 'Technology Advances Enabling
Sustainability in Building & Construction Industry' focuses
on identifying and analysing technologies that can improve
sustainability of the building and construction industry. The
research also evaluates the impact of these technologies on the
SDGs.
More...
NABERS Sustainable Portfolios Index 2021
19 April 2021 - The NABERS SPI showcases 43 leading
property portfolios across Australia according to their NABERS
ratings and percentage of portfolio rated. This year the Index
covers office buildings, shopping centres and carbon neutral
portfolios.
More...
In practice and courts
Announcements, Draft Policies and Plans released 2021
NSW
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
REIQ training requirements for the Queensland real
estate industry
The Office of Fair Trading has released new training
requirements for the Queensland real estate industry. As of 30
September 2021, the current qualification will be superseded and
replaced by a new property services training package. At the REIQ,
the new
training package not only recognises the significance of the
work undertaken by real estate professionals, but also better
reflects modern day real estate agency practice. The REIQ will
cease to offer the existing training package from next Wednesday,
28 April, 2021.
PCA: Submission update
The Property Council has provided the following
correspondence to Government on the Gold Coast Planning Scheme. To
view the submission, please click
here (15 April 2021).
Have your say: Birkdale Community Precinct
Redlands City Council is looking for feedback on future
uses of the Birkdale precinct. To assist with community feedback,
urban design teams have proposed five potential themes for the
precinct. To view more detail about the design ideas and to provide
feedback, please click here.
Consultation closes on Tuesday 4 May 2021.
Consultations
Inland Rail – Helidon to Calvert project – draft
environmental impact statement Closes 23 June 201
DAMS and SPP IMS updates
21 April 2021 Powerlink easement
This data set includes newly acquired easements and/or land
interests as well as new network infrastructure. It is noted that
this new data set will replace the existing data set for the
specific layers in full. Powerlink DAMS
14 April 2021 Priority Ports
Correct extent of port overlay and update mapping symbology.
DTMR DAMS SPP IMS.
More...
Cases
Mackenzie v Head, Transport for Victoria
[2021] VSCA 100
PLANNING AND ENVIRONMENT – judicial review –
review of decisions by Minister in respect of Stage 2 of Western
Highway duplication project – whether works could not
lawfully proceed until Minister's assessment of the
environmental effects considered by councils – no planning
permit required – exemptions from notice – no reliance
on earlier Ministerial assessment – precautionary principle
– Environment Effects Act 1978 ss 8, 8B, 8C, 8F; Planning and
Environment Act 1987 ss 12(2)(b), 29, 35; Transport Integration Act
2010 s 19 – leave to appeal refused.
EVIDENCE – admissibility of reports not before Minister when
making decision – whether reports contained admissions
against interest – whether reports demonstrate failure to
exercise jurisdiction – whether reports demonstrate absence
of intelligibility – whether contents admissible under Prasad
principle – Prasad v Minister for Immigration and Ethnic
Affairs (1985) 6 FCR 155, Australian Retailers Association
v Reserve Bank of Australia [2005] FCA 1707; (2005) 148 FCR
446, considered.
Crowe v Head, Transport for Victoria
[2021] VSC 180
LAND VALUATION AND COMPENSATION – claim for
compensation for farm land compulsorily acquired for Drysdale
Bypass – land acquired in 2018 – bypass first proposed
in 1975 – requirement to disregard any decrease in the market
value of the land acquired arising from the proposal –
dispute as to whether subject land would have been zoned for
residential use but for the Bypass proposal – separate
questions as to hypothetical zoning of subject land –
approach to determining separate questions – significance of
planning history and expert planning evidence – opinions of
respondent's planning experts preferred – Land
Acquisition and Compensation Act 1986 (Vic), s 43(1).
BCA Asset Management Group Pty Ltd v Sand Solutions (Vic)
Pty Ltd & Ors [2021] VSC
177
CAVEAT — removal – caveator lodging caveat
claiming an interest in land as chargee – caveat lodged
without proper basis – no serious question to be tried
– no interest of supporting caveat lodged – balance of
convenience favours removal of caveat in any event –
Goldstraw v Goldstraw [2002] VSC 491; Piroshenko v
Gosjman [2010] VSC 240; (2010) 27 VR 489; Percy &
Michele Pty Ltd v Gangemi [2010] VSC 530; Sylina v
Solanki [2014] VSC 2; Carbon Black Pty Ltd v Launder
[2015] VSCA 126 referred to.
COSTS — indemnity costs – whether first defendant
should pay the plaintiff's costs on an indemnity basis –
caveat not having a proper basis, costs awarded against the first
defendant on an indemnity basis – Goldstraw v
Goldstraw [2002 VSC 491; Love v Kempton [2010] VSC
254; Sovereign MF Ltd (In liq) v EOS Janus Holdings Pty
Ltd referred to.
INJUNCTION — plaintiff seeks an order restraining the first
and second defendants from lodging for registration on the title to
certain land any further caveat claiming an interest in the
land—Injunction granted — Australian Broadcasting
Corporation v. O'Neill, [2006] HCA 46; (2006) 227 CLR 57;
Bradto Pty Ltd v State of Victoria; Tymbook Pty Ltd v State of
Victoria [2006] VSCA 89; (2006) 15 VR 65, referred to.
Re Ferraro [2021] VSC
166
REAL PROPERTY – restrictive covenant –
application for a declaration that land not affected by any
purported restriction in the covenant – whether appropriate
to proceed ex parte – whether benefit of the covenant is
annexed to land – held: The covenant does not identify any
benefited land and so its benefit was personal to the transferors
– appropriate to proceed ex parte – declaration made
that land not affected by the covenant – Property Law Act
1958 (Vic), s84(2) – Beman Pty Ltd v Boroondara City
Council [2017] VSC 207 – Re Hunt [2017] VSC 779.
St Kilda Estates (No 2) Pty Ltd v Melbourne Property
Investments Real Estate Pty Ltd [2021] VSCA
92
SALE OF LAND – estate agents – regulated
estate agent authority – Estate Agents Act 1980 s 49A
disclosure requirements – where agent barred from commission
and liable to penalty if authority noncompliant – whether
rebate statement was in a form approved by the Director –
whether heading part of approved form – Estate Agents Act
1980 s 49A(6) – appeal dismissed.
Prestige
& Rich Pty Ltd & Anor v Chief Executive, Department of
Justice and Attorney General, Office of Fair Trading &
Anor [2021] QCA 58
APPEAL AND NEW TRIAL – APPEAL – GENERAL
PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES –
ERROR OF LAW – where the applicants are real estate agents
– where a buyer paid a deposit to the applicants for a
contract of sale of land – where the contract of sale was
terminated and the applicants failed to repay the buyer the
deposit, taking it for themselves on commission – where the
buyer lodged a claim with the Chief Executive, Department of
Justice and Attorney General, Office of Fair Trading – where
the Chief Executive made a decision that the applicant was liable
to pay the buyer's deposit under sections 21, 78 and 82 of the
Agents Financial Administration Act 2014 – where the
applicant sought leave to review the Chief Executive's decision
to the Queensland Civil and Administrative Appeal Tribunal –
where the Appeal Tribunal dismissed the applicant's review
– whether the applicant can appeal the Appeal Tribunal's
decision – whether the Appeal Tribunal made errors of law
necessitating leave to appeal
Coolum
Chase Pty Ltd v Sunshine Coast Regional Council
[2021] QPEC 24
PLANNING AND ENVIRONMENT – APPEAL - appeal against
the decision of the respondent to refuse to extend the relevant
period for a development approval
Planning Act 2016 Qld s 311(2)(a); Sustainable Planning Act 2009
Qld ss 383, 388
Integrated Planning Act 1997 Qld ss 3.5.3, 3.5.4, 3.5.6(2)
Cases to 19 April 2021
Sunshine Coast Regional Council v D Agostini Property Pty
Ltd & Ors (No. 2) [2021] QPEC
23
PLANNING AND ENVIRONMENT – APPLICATION – where
the applicant seeks to substitute respondents in the proceedings
– where the applicant seeks final orders restraining only
some respondents in the proceedings – where the respondent
submits a procedural defect in the application – where the
respondent further submits the Court lacks the power to make the
orders sought – where the respondent further submits against
the making of final orders prior to the further hearing of the
proceeding.
Planning and Environment Court Act 2016 Qld s 10, s 11(4), s 164, s
165, s 180(6); Residential Tenancies and Rooming Accommodation Act
2008 Qld s 12, s 40, s 44; Planning and Environment Court Rules
2018 Qld r 4
Uniform Civil Procedure Rules 1999 Qld r 69, r 74, r 117, r 377
Legislation
Queensland
Bills Updated
Environmental and Other Legislation (Reversal of Great Barrier Reef
Protection Measures) Amendment Bill 2021
Introduced by: Mr N Dametto MP on 21/04/2021
Stage reached: Referred to Committee on 21/04/2021
COVID-19 Emergency Response and Other Legislation Amendment Bill
2021
Introduced by: Hon S Fentiman MP on 11/03/2021; Stage reached:
Passed on 20/04/2021
Part 2 Amendment of Body Corporate and Community Management Act
19972Act amended . . . . .
Part 7 Amendment to Environmental Protection Act 1994
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.