In the media
Commonwealth
Fringe office precincts outperforming the wider market:
JLL
Sydney and Melbourne fringe suburbs are achieving some of
the highest office rents in Australia, according to JLL's
Future Cities report (04 October 2019).
More...
Property Council supplier platform
The Property Council of Australia has launched an online
platform that engages suppliers about the actions they are taking
to assess and address human rights issues and modern slavery risks
across shared operations and supply chains (10 October 2019). More...
Airbnb to hand over host data in ATO examination
Airbnb has warned its hosts the Australian Taxation Office
will seize the personal financial data of hundreds of thousands of
sharing-economy accommodation providers as part of a crackdown on
tax avoidance in the "largely unregulated" industry (10
October 2019).
More...
Property Council responds to the Low Deposit Home Loan
Scheme
The Property Council has responded to the Federal
Government's proposed Low Deposit Home Loan Scheme – an
initiative to help eligible first home buyers purchase a house with
a deposit as low as 5 per cent (10 October 2019).
More...
PCA: Property Council welcomes Centre for
Population
The Property Council of Australia welcomes the launch of
the new Centre for Population in Treasury to support the sharing of
data, research, ideas and expertise on population. The Centre will
make an important contribution to policy and planning by the
Commonwealth, state and territory governments that is based on good
evidence and better forecasting (04 October 2019).
More...
Commercial Building Disclosure Program: Hotels and
tenants in, shopping centres and data centres out
Hotels and office tenancies have got the green light for
mandatory energy performance disclosure by independent reviewers of
the Commercial Building Disclosure Program. The recommendations
haven't extended to shopping centres (03 October 2019).
More...
New Green Investment Group tool demonstrates the climate
benefits of over 40,000 wind and solar assets in partnership with
BloombergNEF
Over 60 per cent of wind and solar projects globally will
receive a GIG Carbon Score. The Carbon Score will provide robust
and comparable data to allow measurement of renewables assets'
contribution to carbon reduction (02 October 2019).
More...
Victoria
Bold transport vision to boost city's
liveability
An ambitious 10-year transport plan to respond to
Melbourne's significant population growth by delivering more
space for pedestrians, public transport users and cyclists, will
return to City of Melbourne councillors for final consideration (11
October 2019).
More...
Expression of interest open for treasury square
site
The Andrews Labor Government has announced the start of an
expression of interest process to develop vacant transport land in
Melbourne's CBD which has the potential to create jobs and
attract new businesses (10 October 2019).
More...
Property Council of Australia welcomes Geelong City
Deal
The Property Council of Australia has welcomed the
announcement which will see $370 million invested into Geelong and
the broader Great Ocean Road region. The Geelong City Deal, focused
on boosting the region's tourism infrastructure, formalises a
commitment from three levels of Government to a long term vision
for the region (08 October 2019).
More...
The suburbs set for population explosions over the next
20 years
Rockbank/Mount Cottrell is one of 29 suburbs statewide the
Department of Environment, Land, Water and Planning predicts will
more than double in size between 2016 and 2036. The growth
projections have sparked major concerns by planning experts on
whether the areas have infrastructure needed to cope with the
population boom (06 October 2019).
More...
Urgent reform required to meet residential demand
The Property Council has called for immediate action by
the Government to stimulate new development by removing red tape
restraints holding back residential development in the State, and
support additional funding for councils to improve planning and
manage the backlog in planning applications (01 October 2019).
More...
Improving environmental outcomes for Gippsland
lakes
More than $270,000 in project grants will improve
habitats, protect native wildlife and help preserve
internationally-significant environment. The Grants provide
community groups with funding for projects that help tackle key
priorities for the Gippsland Lakes (30 September 2019).
More...
NSW
Landcom releases 'super lots' in North
Ryde
The NSW government's land and property development arm
Landcom has announced the sale of two large development sites at
Lachlan's Line, near North Ryde station (10 October 2019).
More...
Pyrmont to be the new gateway to Sydney CBD
Pyrmont and the Western Harbour precinct will be
transformed into the next jobs hub and economic driver of Sydney
under a NSW Government plan to revitalise the key inner-city
precinct. Premier Gladys Berejiklian made the announcement
following the release of the Greater Sydney Commission's review
into the area's planning rules (05 October 2019).
More...
PCA: Confidence remains steady for the NSW property
industry
The latest ANZ/Property Council Survey has shown NSW
property industry confidence decreased slightly overall mainly due
to concerns over worsening macroeconomic conditions and a reduction
in forward work expectations. NSW property industry confidence has
decreased 10 index points from 126 to 116 over the quarter (03
October 2019).
More...
NSW building reforms in the works but not everyone is
happy
The proposed Building and Development Certifiers
Regulation 2019 is designed to simplify and strengthen the
certification system in NSW at a time when certifiers are under
increased scrutiny following a spate of high profile apartment
evacuations (01 October 2019).
More...
Queensland
Nielson Properties lodge plans for $350m Burleigh Heads
project
The fast-growing Gold Coast hot spot of Burleigh Heads may
soon welcome two 23-storey towers and its first five-star hotel
after developer Nielson Properties lodged a development application
(10 October 2019).
More...
The City of Gold Coast releases proposed amendments to
the City Plan
In order to accommodate future growth, enhance the
City's unique offering and protect the environment, the City of
Gold Coast has released 34 proposed amendments to the City Plan (10
October 2019).
More...
Plans unveiled for $30m Kangaroo Point residential
project
Melbourne-based developer Buildcap is facing down
headwinds in Brisbane's apartment market, unveiling plans for
boutique apartment project in Brisbane's Kangaroo Point (04
October 2019).
More...
PCA: New taxes impact Queensland's confidence
The confidence levels of Queensland's property
industry have fallen over the last quarter, following the State
Government's announcement of land tax increases and a new
foreign land tax surcharge, according to the latest ANZ/Property
Council industry sentiment survey, the first one taken since the
State Budget (03 October 2019).
More...
Solar rental dollars racing out the door
Hundreds of Townsville landlords and their tenants are
teaming up to take advantage of the Palaszczuk Government's
Solar for Rental trial (01 October 2019).
More...
Kelly Slater's $100m surf ranch proposed for
Sunshine Coast
A proposal has been announced for a $100 million surf
ranch on the Sunshine Coast with 11-time world champion Kelly
Slater's name attached and a Brisbane-based heavyweight to
develop the project (30 September 2019).
More...
In practice and courts
Commonwealth
Green Star – Design & As Built v1.3 and Green
Star – Interiors v1.3 have arrived
Green Star – Design & As Built v1.3 &
Interiors v1.3 rating tools have now been released and are
available to download from the Green Building Council of Australia
website (11 October
2019).
National Airports Safeguarding Advisory Group
The National Airports Safeguarding Advisory Group is
undertaking a review of implementation of the National Airports
Safeguarding Framework (NASF). The review is
intended to consider implementation of NASF across jurisdictions;
and seeks submissions from all levels of government, industry and
community stakeholders. More information about the review, making a
submission and the terms of reference can be found
here. Submissions close on 22 November 2019.
API member alert: AVTIP 1 – Retrospective
valuations effective 1 October 2019
24 September, 2019 - The previously notified version of
the Australian Valuation Technical Information Paper 1
Retrospective Valuations published 1 July 2019 has been amended.
The new version is dated 1 October 2019 with earlier adoption
recommended.
More...
API Member Alert: Introduction to Valuation and Property
Standards published 1 October 2019
24 September, 2019 - The previously notified version of
the Introduction to Valuation and Property Standards has been
withdrawn. The new Introduction is dated 1 October 2019.
More...
API: ABFI Residential Valuation standing Instructions
Version 2.2
The Residential Valuation Industry Group has conducted a
review of V2.1 of the ABFI Residential Valuation Standing
Instructions (ABFI RVSI), and have subsequently
released a revised version. Version 2.2 of the ABFI RVSI came into
effect on 1 October 2019. The current document, namely Version 2.1,
will operate until that time.
More...
Australian Heritage Grants – 2019-20 now
open
The 2019-20 round of the Australian Heritage Grants
program is now open. Through the Program, the Government will
invest $5.3 million per year to strengthen the recognition,
management, conservation and public engagement on Australia's
National Heritage. Applications are received online through
business.gov.au and
GrantConnect.
GBCA Important Deadlines - Green Star certification for
your project
Many project teams have timelines set around major events.
To support this, these guidelines below (based on typical time
frames), which specify the deadlines you'll need to meet in
order to have your project certified in time for key milestones in
2019. Deadlines are from 08 April – 04 November 2019.
More...
Announcements, Draft Policies and Plans released 2019
Queensland
No 157: Land Title Practice Manual updates published 1 October 2019
The Land Title Practice Manual (Qld) has been updated,
effective from 1 October 2019
Important changes have been made, including the deletion
of parts 17, 19 and 22 (which concerned certificates of title) and
the creation of a new part, Part 61- Witnessing and Execution of
Instruments or Documents.
The Land Title Practice Manual web page contains a link to a
tracked changes version which outlines the changes to the relevant
parts. The tracked changes version also contains a summary of the
published changes.
Details of the changes are available from the
Land Title Practice Manual Page
Reminder - Certificates of Title no longer required to
be deposited
Further to
Titles Registry Alert 151 please be reminded that from 1
October 2019 a paper Certificate of Title (CT) is no longer to be
deposited in the Titles Registry when a transaction is lodged over
the title. Similarly, from 1 October 2019, there is no longer the
option to lodge a Form 19 - Application for Certificate of Title
and the Form 17 – Request to Dispense (with
production of a CT) is redundant.
North Queensland Regional Plan
The
draft NQ Regional Plan is a 25 year strategic, statutory
planning document for the local government areas of Burdekin,
Charter Towers, Hinchinbrook, Palm Island and Townsville.
Consultation on the draft document closes on 22 November 2019. More...
City of Gold Coast City Plan
The amendments span across six different themes including:
Height and density, built form and urban design, targeted growth
areas, growth and diversification of employment, environment and
other land use changes. Lodge a submission
here. Public consultation closes 25 October 2019.
More...
Note: Safer Buildings: Parts 2 and 3a deadlines
extended
Bodies corporate and building owners across Queensland
have been given additional time to complete Parts 2 and 3a of the
Safer Buildings combustible cladding checklist. The new deadlines
will be as follows:
Part 3a: extended from 27 August 2019 to 31 October 2019.
More...
Business Queensland: Land Titles Practice Reminder
New requirements for witnessing will come into effect on
30 September 2019 as a result of upcoming amendments to the
Land Act 1994 and the Land Title Act 1994. Find
out more by reading the
Titles Registry Alert no. 154 or download the final draft of
the new
Part 61.
DNMRE Current Consultations
Cairns South SDA – potential expansion and draft development
scheme
Closing date is 11 October 2019
Cases
Gorog v Stonnington CC [2019]
VCAT 1257
Stonnington Planning Scheme – sections 82 and 114 of
the Planning and Environment Act 1987 – existing
tennis court on residential property, where the court itself is
long standing, but where tennis court lights were erected somewhat
more recently – dispute has arisen as to the lawfulness and
planning merits acceptability of these tennis court lights –
council enforcement staff also involved in more recent times
– this context has led to a retrospective 'tennis court
lighting' planning permit application by the owner of the
tennis court, which council supports but which has been brought on
review to the Tribunal – this merits review concurrently also
dealing with a planning enforcement proceeding brought by the same
neighbour
Finetea Pty Ltd v Block Arcade Melbourne Pty Ltd
(Building and Property) [2019] VCAT
1529
Australian Consumer Law – s.21 – Retail
Leases Act 2003 – s. 77 - Unconscionable conduct –
what amounts to – s.54 – inhibiting access or
disrupting tenant's business – what amounts to –
s.57 – damage to premises – abatement of rent –
renovation works by tenant not "damage" – no
abatement where damage caused by tenant – repudiation of
lease – what amounts to – rent-free period and fit-out
contribution by Landlord pursuant to lease – provision that
proportion be refunded if lease ended early due to tenant's
default – requirement additional to Landlord's claim for
damages - whether provision requiring refund a penalty - loan
agreement – security the borrower's own shares –
borrower itself the security – agreement by borrower to
execute transfers of units and shares not belonging to it –
effect of – no provision in loan agreement requiring
repayment of surplus following realization of security –
whether payment of surplus to borrower in effect a payment to the
lender – whether a penalty – Personal Property
Securities Act 2009 - s.10 - whether section avoids penal
effect - whether order can be made by Tribunal for sale of security
and disposition of proceeds – contemplated transfers not
provided – interpretation of agreement
Resdal Corp (Vic) Pty Ltd v Maliad Pty Ltd (Building
and Property) [2019] VCAT
1499
Retail Leases Act 2003: breach of lease of retail
premises; tenant, a company, became deregistered – claim by
landlord against guarantors – head lease had been assigned to
applicant as tenant – assignment of sub-lease made between
tenant and landlord not established – issue as to
applicant's ability to sue tenant in absence of express
assignment of sub-lease – ss 141(1) and (2) of the
Property Law Act 1958 (Vic) considered – P &
A Swift Investments (a firm) v Combined English Stores Group
plc [1988] UKHL 3 – [1989] AC 632 applied – claim
for arrears – claim for damages for loss of bargain –
claim for damages in respect of tenant's failure to make-good
– Joyner v Weeks [1891] 2 QB 31 applied –
claim for damages in respect of three month rent free period
allowed to incoming tenant denied
Forestfield Corporation Pty Ltd v Vanessa Flegg Pty Ltd
(Building and Property) [2019] VCAT
1503
RETAIL LEASES – CONSTRUCTION – construction of
outgoings provisions in a lease – one clause arguably
imposing a lesser liability on the tenant in respect of payment of
an outgoing than that purported to be imposed by a latter clause
– construction adopted in accordance with the principle that
all parts of a commercial contract should be given effect where
possible, and that no part of it should be treated as inoperative
or surplus – finding that the lease provisions have a plain
meaning, and that both clauses could work harmoniously
Reid v Sundale Pty Ltd t/as Monte Carlo Caravan
Park [2019] QCAT
296
STATUTES – ACTS OF PARLIAMENT -INTERPRETATION
– GENERAL APPROACHES TO INTERPRETATION – WORDS TO BE
GIVEN LITERAL AND GRAMMATICAL MEANING – GENERAL PRINCIPLES
– whether section 157 of the Manufactured Homes
(Residential Parks) Act 2003 (Qld) applies - whether agreement
was entered into under or purportedly under the Manufactured
Homes (Residential Parks) Act 2003 (Qld) – whether
agreement was for the positioning of a converted caravan on a
site
Acts Interpretation Act 1954 Qld s 14B; Manufactured
Homes (Residential Parks) Act 2003 Qld s 10, s 10A, s 14, s
25, s 157, s 169, sch 2; Residential Tenancies and Rooming
Accommodation Act 2008 Qld s 7
Fisher v Wenzel [2019] QCAT
295
REAL PROPERTY – BOUNDARIES OF LAND AND FENCING
– FENCES AND FENCING – ADJOINING LAND – where
long history of fencing disputation between neighbours at The
Sovereign Islands – where multiple applications previously
filed by applicants against respondents – where only one
application resulted in fencing orders by consent – where all
other applications failed and were dismissed – where
contribution ordered in favour of respondents against applicants
not paid - where respondents took enforcement proceedings against
applicants in magistrates court – where reopening/renewal
application of applicants dismissed
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor civil
dispute – fencing dispute – where applicants filed
further application for fencing orders and contribution or
indemnity from respondents – where new application predicated
on fencing notices for four contiguous sections of common boundary
of adjoining waterfront properties – whether costs claim for
rendering and painting pool pavilion wall on respondents property
competent – whether pier and arch fence proposed for section
1 a dividing fence – whether fencing order should be made
– whether order for height reduction of nib wall on section 2
should be made – whether indemnity for reduction costs should
be ordered – whether claim for contribution to cost of block
wall constructed by applicants on section 3 of common boundary
should be ordered – whether construction authorised –
whether fencing order for aluminium louvre fence on section 4 of
common boundary should be ordered – whether application and
claims should be dismissed
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– TIME, EXTENSION AND ABRIDGEMENT – where applicants
filed application before expiry of 1 month for negotiation
prescribed by statute – where applicants did not seek
abridgement to validate premature filing of application –
where adjudicator raised question of jurisdiction for decision
– where tribunal may order abridgement of its own motion
where appropriate – whether statutory requirement for
negotiation during first month after fencing notice and filing
application within second month substantive and fixed or procedural
and variable – whether abridgement order ought be made
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– GENERAL MATTERS – STATUTORY BASIS GENERALLY –
where applicants filed application because respondents would not
waive benefit of contribution order in previous case and agree to
pier and arch fence partly on their property – where all but
one of claims by applicants had no reasonable prospect of success
– where only arguable claim for aluminium louvre fencing
order on section 4 of the common boundary and for contribution
– where claim for order undermined by construction of the
same fence in close proximity – where fencing order
impractical and of no utility – whether application an abuse
of process – whether conduct of applicants oppressive and
vexatious – whether applicants deliberately caused
respondents unnecessary inconvenience – whether application
should be dismissed pursuant to sections 47 and 48 of
Queensland Civil and Administrative Tribunal Act 2009
(Qld)
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– COSTS – GENERAL MATTERS – POWER TO AWARD
GENERALLY – STATUTORY BASIS GENERALLY – whether cost
and compensation orders may be made by tribunal where abuse of
process, vexation and unnecessary disadvantage in minor civil
dispute results in dismissal of application
Acts Interpretation Act 1954 Qld s 32CA(1), s 39;
Building Act 1975 Qld s 231B, s 231D, s 232, s 245XA, s
245XB, s 245XE, s 245XK, s 245XL, s 245XM, s 245XN, s 245XO, s
245XQ, s 245XT, s 245XZ; Building Act 1975 Qld Schedule
2
Neighbourhood Disputes (Dividing Fences and Trees) Act
2011 Qld s 12, s 31, s 35, s 92; Queensland Civil and
Administrative Tribunal Act 2009 Qld s 13, s 47, s 48, s 49, s
61, s 102; Queensland Civil and Administrative Tribunal Act
Rules 2009 Qld r 83, r 84
Clarke v Body Corporate for Bell Park
[2019] QMC 12
APPEAL – ONUS – BODY CORPORATE – NOTICE
REQUIRED FOR MEETINGS – MEETINGS – MOTIONS
Building Units and Group Titles Act 1980 Qld ss
77,106,107
Gold Coast City Council v Anderson
[2019] QMC 8
SUSTAINABLE PLANNING ACT – CARRYING OUT ASSESSABLE
DEVELOPMENT WITHOUT A PERMIT – TREE CLEARING – FACT
FINDING ON SENTENCE – PURPOSE OF CLEARING – COSTS
– RECOVERY COSTS – Evidence Act 1977 Qld
s132C; Justices Act 1886 Qld; Sustainable Planning Act
2009 Qld s614
Murphy v Moreton Bay Regional Council & Anor;
Australian National Homes Pty Ltd v Moreton Bay Regional Council
& Anor [2019] QPEC
46
PLANNING AND ENVIRONMENT – APPEAL – where BGM
seeks a development permit to authorise it to carry out a material
change of use to use its land for a proposed local centre –
where the council approved BGM's application –whether
BGM's proposed development complies with the relevant
assessment benchmarks – whether BGM's proposed
development is appropriately located – whether BGM's
proposed development is appropriately designed – whether
BGM's proposed development would result in unacceptable
headlight glare – whether there is a need for an additional
local centre – whether in exercise of the discretion the
proposed development ought be approved
PLANNING AND ENVIRONMENT – APPEAL – where ANH sought a
preliminary approval for a local centre – where the council
refused ANH's application – where ANH now seeks a
preliminary approval generally in accordance with a design –
whether ANH's proposed development complies with the relevant
assessment benchmarks – whether ANH's proposed
development is appropriately located – whether ANH's
proposed development is appropriately designed – whether
ANH's proposed development would result in unacceptable noise
impacts – whether ANH's proposed development was
unacceptable having regard to traffic engineering considerations
– whether in exercise of the discretion the proposed
development ought be approved
Planning Act 2016 Qld s 45, s 59, s 60, s 61, s 311;
Planning and Environment Court Act 2016 Qld s 43, s 45, s
47
Planning Regulation 2016 Qld s 31
Cases to 07 October 2019
ISPT Pty Ltd v Valuer-General (No 3)
[2019] QLC 40
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS
AND APPEALS – QUEENSLAND – where site value is the
basis of valuation – where highest and best use of the land
is in dispute – direct comparison of sales is the best method
of valuation – usefulness of sales used by valuers
Land Valuation Act 2010 Qld s 7, s 19, s 33, s 155, s 169,
s 170
Gillion Pty Ltd v Scenic Rim Regional Council &
Ors [2019] QPEC 44
PLANNING AND ENVIRONMENT – APPLICANT APPEAL –
COSTS – council applies for costs in wake of refusal of
appeal – power to award costs in s 457 of the Sustainable
Planning Act 2009 - the relative success of the parties in the
proceeding – whether decision appeal conflicts with a
relevant instrument - whether a party commenced or participated in
the proceeding without reasonable prospects of success - whether
the proceeding involved an issue that affects, or may affect, a
matter of public interest, in addition to any personal right or
interest
Sustainable Planning Act 2009 Qld; Planning and
Environment Court Act 2016 Qld; Uniform Civil Procedure
Rules 1999 Qld
Legislation
Queensland
Subordinate legislation as made – 11 October
2019
No 204
Mineral Resources and Other Legislation Amendment Regulation
2019
Subordinate legislation as made – 04 October
2019
No 196
Planning (Infrastructure Charges Register and Other Matters)
Amendment Regulation 2019
The Amendment Regulation will provide improved transparency in the
infrastructure charging and planning framework by requiring local
governments to provide additional information in the infrastructure
charges register.
No 196
Environmental Protection (Rehabilitation Reform) Amendment
Regulation 2019
This Regulation amends the Environmental Protection Regulation 2019
to implement the rehabilitation reforms under the Environmental
Protection Act 1994 to support decisions under the EP Act in
relation to Progressive Rehabilitation and Closure Plan
(PRCP) schedules; support the implementation of
Public Interest Evaluations; and set the date for commencement of
the PRCP framework as 1 November 2019.
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.