In the media
Commonwealth
HIA: A record year of house building is underway
A record number of detached housing starts will occur in
the 12 months to September 2021 with more than 146,000 detached
houses commencing construction. This is more than 20 per cent
higher than the peak of the previous boom in 2018 (20 May 2021). More...
Treasury Laws Amendment (Measures for Consultation) Bill
2021: Exempting granny flat arrangements from Capital Gains
Tax
The Law Council supports in-principle the release of the
exposure draft of the Treasury Laws Amendment (Measures for
Consultation) Bill 2021: Exempting granny flat arrangements from
Capital Gains Tax (13 May 2021). More...
Lending platform CrowdProperty enters Australia's
property development market
The UK-based specialist property project online lending
platform CrowdProperty has expanded its international footprint,
announcing the launch of CrowdProperty Australia, to offer a
non-bank lending alternative to the SME property development market
(18 May 2021). More...
Sour relations between Beijing and Canberra dampen
mainland Chinese investment in Australian property market
Investment in Australian property from both state-owned
and private enterprises in China fell 29 per cent in 2020, and is
on the decline again this year; with investments declining by 29
per cent in 2020, according to data from Real Capital Analytics (18
May 2021). More...
Building expert says Australians can benefit from
European fire safety practices
The presentation from Modern Building Alliance Executive
Chair Quentin de Hults at the Australian Modern Building
Alliance's Fire Safety 2021 Conference & Tradeshow saw
European data presented to Australian building personnel that
highlighted seven layers of fire safety in buildings (13 May 2021).
More...
Budget invests in jobs and growth for Australia's
north
The Coalition Government is injecting over $1.42 billion
directly into northern Australia to help boost jobs and economic
growth as the nation recovers from the impacts of COVID-19. The
north will further benefit from a suite of national budget measures
(12 May 2021). More...
A resilient Australia is a sustainable Australia, says
nation's green building authority
A $15.2 billion boost for infrastructure, new agencies to
enhance resilience and climate research, and $1.2 billion for green
technology are among the measures welcomed by Green Building
Council of Australia (12 May 2021). More...
PCA: Budget reveals population growth as biggest
constraint on economy
The property industry has commended the Federal Government
on the continued strong management of Australia's remarkable
economic recovery, but flagged that population growth was clearly
the biggest constraint on recovery (11 May 2021). More...
REIA welcomes property and small business focus in
Budget 2021
The Real Estate Institute of Australia has had many of its
priorities addressed in the 2021 Federal Budget confirming a
positive outlook for buyers, sellers, investors and tenants (11 May
2021). More...
Victoria
Unlocking the city's economic prosperity beyond
recovery
The City of Melbourne is aiming to become one of the best
cities on the globe for attracting businesses and jobs of the
future, while also supporting key traditional strengths such as
international education and tourism (19 May 2021).
More...
Delivering In Fishermans Bend
A $179.4 million funding package from the Victorian
Government will kick-start the Fishermans Bend Innovation Precinct,
with Stage One being delivered by Development Victoria. This first
step will involve remediation of the 32-hectare GMH site - an area
equal to 15 MCGs - and the installation of crucial infrastructure
and services to make an investment-ready precinct (17 May 2021). More...
Property industry slams tax hikes as blow to jobs,
investment, and homeownership dreams of Victorians
The Property Council of Australia has condemned the
Andrews Government's plan to slug Victorian homeowners,
homebuyers and investors with additional land tax, stamp duty and a
new tax on property investment and development (15 May 2021). More...
Homes Victoria board announced
The Andrews Labor Government has announced the new board
for Homes Victoria - the agency delivering the single biggest
investment in social and affordable housing in Australia's
history (14 May 2021). More...
Helping vulnerable Victorians stay warm, and cool, for
less
Victoria's most vulnerable residents will be warmer in
winter and cooler in summer thanks to rebates of $1,000 from the
Andrews Labor Government to replace old heaters with
energy-efficient reverse-cycle air conditioners in homes managed by
community housing organisations (10 May 2021). More...
More than $260m pledged to help bring life back to
Melbourne's centre
Diners will be able to claim up to $100 back when eating
out in the city, and millions of dollars will be spent renewing
central spaces (09 May 2021). More...
NSW
Regional Councils plug into e-Planning
Councils in regional areas will benefit from $4.8 million
in grants to help them process development applications online (18
May 2021). More...
Queensland
Come spend Friday in the City
The Property Council of Australia is delighted to announce
Fridays in the City. To attract city workers back to the office on
Fridays, building owners, managers and retailers will be providing
unique offerings, deals and activities in their buildings
throughout the campaign (20 May 2021). More...
West End bridge lands on developer's doorstop
One of two new green bridges linking Brisbane's West
End will link with a site that sold this year for $43.5 million and
is primed for a major development project (20 May 2021). More...
Old Burleigh Theatre Arcade project approved,
last-minute requests rejected
A high-rise residential tower on the site of a historic
building in Burleigh Heads has been given the green light by
council, despite a late attempt to change the plans (18 May 2021).
More...
Spit $93.6 million proposal means hundreds more
jobs
Gold Coast will soon welcome an almost $94 million luxury
development, that will support more than 400 new jobs at the iconic
Southport Spit (18 May 2021). More...
Developer announced for $90m Gold Coast precinct
A $93.6-million mixed-use project for the centre of a
masterplanned redevelopment of one of the Gold Coast's most
controversial locations has been approved by the Gold Coast City
Council (18 May 2021). More...
Cross River Rail requests more hours, more trucks for
Brisbane CBD sites on Sundays
A Cross River Rail proposal to send up to 20 heavy trucks
per hour to and from its central Brisbane station construction
sites on Sundays has met strong opposition from Brisbane City
Council (13 May 2021). More...
Brisbane City Council gives derelict Lamb House site
permanent protection from development
The Kangaroo Point riverfront site of derelict
heritage-listed mansion Lamb House has been permanently protected
from development, with Brisbane City Council formally approving
planning legislation changes (11 May 2021). More...
Number of COVID-19 rental protections to remain in
Queensland
The Queensland government has revealed an extension of
several of its temporary regulatory measures to 30 September 2021.
According to the state government, "this will mean Queensland
remains ready to respond to COVID-19 risks as we transition back to
normal residential tenancy arrangements" (11 May 2021). More...
Subdued office occupancy underpins need to support
CBD
The latest results of the Property Council's office
occupancy survey show that Brisbane's CBD activity levels have
remained flat during April, as the Property Council ramps up
efforts to encourage workers to return to the city (11 May 2021).
More...
In practice and courts
Commonwealth
Law Council of Australia Submissions
19 May 2021- Law Council
In the Law Council's view, the existing enforcement measures
under the Electronic Conveyancing National Law of suspension or
termination are too limited, particularly in mandated eConveyancing
jurisdictions. More...
Industry-led roadmap introduces actions for safe and
quality insulation installations
A broad coalition of insulation, building and energy
efficiency organisations released a joint Roadmap for quality control and safety in
insulation installation to ensure that insulation is installed
following best practice processes for quality control and safety.
The roadmap sets out a series of actions to ensure that insulation
is installed following best practice processes for quality control
and safety (18 May 2021).
Announcements, Draft Policies and Plans released 2021
Queensland
Moreton Says Survey
Moreton Bay Regional Council has released a series of
surveys to get insights about things that matter to the community.
This is an opportunity for those who live, work and play in the
Moreton Bay Region to share their views and experiences. The
Moreton Says survey, known as the Anchor survey, is now open and will close 13
June 2021.
Consultation open: Retirement Villages
The Queensland Government has opened consultation on the
draft amendment regulation for minimum financial standards and for
proposed changes to standardised residents' contracts.
To view the draft regulation for minimum standards for financial
reporting and budgeting, please click here.
To view the consultation paper for standardised residents'
contracts, please click here.
Feedback on both pieces of proposed regulation is due on June 15
and can be made via the following email: RVConsult@hpw.qld.gov.au
Land Court launches Procedural Assistance Service
The Land Court has launched a dedicated Procedural Assistance Service website to
assist self-represented litigants in the court (12 May 2021). More...
Place Names - Current proposals
Job number 19-027: Yaraka
Closing date for comments: 16 July 2021
Consultations
Inland Rail - Helidon to Calvert project - draft
environmental impact statement Closes 23 June 201
Big Rocks Weir project draft terms of reference
for an environmental impact statement Closes 07 June 2021
Cross River Rail Project - request for project
change application - Clapham Yard, Moorooka Closes 04 June
2021
Cases
Gardiner v Attorney-General (No
4) [2021] VSC 290
PRACTICE AND PROCEDURE - temporary stay of proceeding
pending determination of related Federal Court proceeding,
concerning validity of registration of indigenous land use
agreement under Native Title Act 1993 (Cth) - Federal Court
proceeding now concluded - Registration of indigenous land use
agreement set aside - whether proceeding should be further stayed
pending reconsideration of application to register agreement - no
abuse of process - proceeding to be listed for trial - Native Title
Act 1993 (Cth), ss 24CK, 203BE(5), 251A.
WOTCH Inc v VicForests (No
8) [2021] VSC 268
PRACTICE AND PROCEDURE - application to vary interlocutory
injunctions - timber harvesting operations in State forests -
material change of circumstances - whether regeneration burning
contemplated when orders made - obligation to regenerate harvested
coupes under Code of Practice for Timber Production 2014 - risk of
regeneration burning to threatened species and habitat - no
material change of circumstances - enforcement of orders not unjust
- Sustainable Forests (Timber) Act 2004 (Vic), s 3.
Head, Transport for Victoria v Lantrak
Developments Pty Ltd [2021] VSC
259
PRACTICE AND PROCEDURE - application to join respondent to
proceeding referred to Court under s 80(b), Land Acquisition and
Compensation Act 1986 (Vic) - whether any 'disputed claim'
by proposed new respondent - where acquiring authority agreed that
joint claim could be made out of time, but no claim was made -
joinder application refused - Rizzo v Head, Transport for
Victoria [2020] VSC 89 - Land Acquisition and Compensation Act
1986 (Vic) - ss 31, 33, 35, 37, 80, 89, 106, 107.
Splend Pty Ltd v Dickinson Cadd
Investments Pty Ltd (Building and Property)
[2021] VCAT 476
RETAIL LEASES - preliminary question - has the lease
terminated? - interpretation of terms of settlement - interaction
between terms of settlement and sections 21 and 94 of the Retail
Leases Act 2003 (Vic) - sections 28 and 64 of the Retail Leases Act
2003 (Vic) and the notice requirements - construction of the terms
of settlement and whether they amount to notice under the Retail
Leases Act 2003 (Vic).
Auslong v Morey
[2021] VSC 250
ADMINISTRATIVE LAW - applications for leave to appeal on
questions of law from VCAT orders of separate members - joint
venture agreement (JVA) to develop land co-owned
by applicant company and respondent individual - first member
refused application to stay or strike out (and refer to County
Court) respondent's proceeding seeking order for sale or
division of land - whether failure to give sufficient weight to
existence of applicant's extant County Court proceeding raising
same issues and seeking specific performance, which relief VCAT
lacked power to grant - second (senior) member ordered sale of land
and made other facilitative orders - whether failure to give
sufficient weight to contractual rights in JVA inconsistent with
orders - whether grounds truly questions of law or just complaints
about weight given to relevant matters - grounds treated as if were
complaints that impugned orders not open - no real prospects of
success on appeal - one extension of time granted; other refused -
one application for leave to appeal refused; other granted but
appeal dismissed - Property Law Act 1958 (Vic), Part IV;
Partnership Act 1958 (Vic), s 6; Victorian Civil and Administrative
Tribunal Act 1998 (Vic), ss 77 & 148.
Advanced Composting Technology
Australasia Pty Ltd v Environment Protection
Authority [2021] VCAT
448
Review of decision to refuse to issue a works approval.
Section 33 Environment Protection Act 1970. Static pile composting
of organics wastes. Whether proposal is best practice in the
composting of medium and high risk organic wastes. Whether proposal
is consistent with relevant State Environment Protection Policies
and principles of environment protection.
CMC Property Pty Ltd & Ors v Rankin
Investments (Qld) Pty Ltd (No 2) [2021] QSC
103
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS - COSTS where the parties were developing land together
through a joint venture company and trust - where one party secured
a declaration after a trial that it had acquired the right to buy
the other parties' interest as valued by a Chartered Accountant
- where the unsuccessful party appealed against that judgment -
where the applicants sought a declaration that the date at which
the Chartered Accountant should value the property was the date the
right to acquire the interest arose - where the other party
defended the application proposing different constructions of the
Property Agreement - where one of those constructions prevailed -
whether that party had been successful such as to justify costs of
the application or whether its costs should depend upon the outcome
of the appeal Uniform Civil Procedure Rules 1999 Qld r 681, r
684.
Williams v Brisbane City
Council [2021] QPEC
26
PLANNING AND ENVIRONMENT - APPEAL - appeal against refusal
of a code assessable development application for a preliminary
approval for building work to facilitate demolition of a pre-1947
house - whether the subject house contributed to the traditional
building character of the part of the street within the Traditional
Building Character Overlay - whether demolition would result in
loss of traditional building character - where building set further
back from the street and at a lower elevation relative to the
street than the other buildings of traditional building character -
where main design features expressed to the river frontage, rather
than the street frontage - where potential views from the street to
the house limited and affected by long standing vegetation.
Planning Act 2016 Qld s 60.
Thorne Developments Pty Ltd v
Laird [2021] QSC
90
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS - PLEADINGS - FORM OF PLEADING - OTHER MATTERS - AMENDING
PLEADING - where the plaintiff company Thorne Developments Pty Ltd
(Thorne Developments) seeks to amend its claim and
its third further amended statement of claim - where Mr Bradley
Thorne is the sole director of Thorne Developments - where the
application is opposed - where Transparent Enterprises Pty Ltd
(Transparent Enterprises) operated an adult
entertainment club in Mackay and planned to expand to Brisbane and
Townsville - where Thorne Developments owned one half of the issued
share capital in Transparent Enterprises - where the third
defendant, Mr Graham Laird, owned the balance of the issued shares
in Transparent Enterprises - where Mr Laird and Mr Thorne were the
sole directors of Transparent Enterprises - where in September 2011
the regulatory authorities notified Transparent Enterprises its
liquor licenses would be discontinued if Mr Thorne held any
interest in the company - where an agreement was reached between Mr
Laird, Mr Thorne and Mr Williamson, the fourth defendant who
controlled Rick Williamson Investments Pty Ltd, the second
defendant, to relinquish Mr Thorne's interest in Transparent
Enterprises - where two contracts were then executed by the parties
to effect the agreement; firstly, a Share Sale Agreement and
secondly, a Loan Agreement - where Mr Laird and Mr Williamson
provided guarantees of performance under the Share Sale Agreement -
where, at the time of these proceedings, the repayments due under
the Loan Agreement had not been made - where Thorne Developments
submit that the intention of the Share Sale Agreement has been
effected - where Thorne Developments seeks to recover the monies
owed under the terms of the Share Sale Agreement, the Loan
Agreement and the guarantee - where the defendants counterclaim for
the monies paid for the shares to date pursuant to the terms of the
Share Sale Agreement, Loan Agreement and guarantee on the basis
that Thorne Developments had no capacity to sell the shares in
Transparent Enterprises - where the plaintiff seeks leave to amend
its pleadings to abandon allegations and claims made in earlier
versions - where, if given leave, Thorne Developments intends to
plead causes of action for which the limitation period has expired
- whether the plaintiff should be given leave to amend its
pleadings
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - ILLEGAL AND VOID
CONTRACTS - EFFECT OF ILLEGALITY OR INVALIDITY - IN GENERAL - where
in December 2011, three months prior to the execution of the Share
Sale Agreement and the Loan Agreement, Thorne Developments was
deregistered pursuant to the relevant provisions of the
Corporations Act 2001 - where in September 2013, Thorne
Developments was reinstated pursuant to the relevant provisions of
the Corporations Act 2001 - where Thorne Developments seeks that
the court validate the contractual arrangements entered into during
the period of deregistration - whether the court should validate
the Share Sale Agreement and Loan Agreement. Corporations Act 2001
Cth s 601AB, s 601AH; Uniform Civil Procedure Rules 1999 Qld r 375,
r 376.
Tycho Pty Ltd & Anor v Trustworthy
Nominees Pty Ltd & Ors [2021] QSC
95
REAL PROPERTY - TORRENS TITLE - INDEFEASIBILITY OF TITLE -
EXCEPTIONS TO INDEFEASIBILITY - FRAUD OR FORGERY - AGAINST
REGISTERED PROPRIETOR - where the first plaintiff, Tycho Pty Ltd
(Tycho), and the second plaintiff, Raymond Leslie
Vincent (Mr Vincent), seek summary judgment
against the first defendant, Trustworthy Nominees Pty Ltd
(Trustworthy), and the second defendant, the
Registrar of Titles - where Mr Vincent is the sole director of
Tycho - where Tycho is the registered proprietor of 23 lots of land
at Maryvale near Warrick - where, in May 2017, Tycho entered into
contracts with Irongrown Corporation Pty Ltd to sell the land in
Maryvale - where there exists a document purporting to be a
mortgage by Tycho encumbering 21 of the 23 lots to Trusthworthy -
where Mr Vincent denies signing the purported mortgage - where the
plaintiffs and defendants conceded that the mortgage is a forgery -
where fraud is an exception to indefeasibility except where
registration is obtained by an innocent third party - where AJ
Lawyers, the first third party, and Mark Madafferi (Mr
Madafferi), the third defendant by counterclaim, seek
exemption from being bound by any determination as between Tycho
and Trustworthy as to the validity of the mortgage - where AJ
Lawyers and Mr Madafferi submit that, if the mortgage is found to
be a forgery, then an issue estoppel may arise and seek orders
preventing that occurring - where Tycho seeks orders requiring the
Registrar of Titles to correct the register and remove the mortgage
- where, in the alternative, Tycho seeks compensation from the
third defendant, the State of Queensland, if the mortgage is not
removed from the register - whether the purported mortgage is a
forgery - whether Trustworthy breached s 11A(2) of the Land Title
Act 1994; Evidence Act 1977 Qld s 91; Land Title Act 1994 Qld ss
11A, 184, 185, 187.
Supreme Court Rules 1971 Qld O 18, O18A, O19.
Legislation
Commonwealth
Northern Australia Infrastructure Facility
Amendment (Extension and Other Measures) Bill
2021
Senate 13/05/2021 - Amends the Northern Australia
Infrastructure Facility Act 2016 to: Extend the investment time
period of the Northern Australia Infrastructure Facility
(NAIF) by five years to 30 June 2026; expand the
functions of the NAIF to include the provision of financial
assistance to projects that contribute to Northern Australia's
economic and population growth; and amend certain governance and
administrative processes of the NAIF.
Queensland
Bills Updated
Nature Conservation and Other Legislation
(Indigenous Joint Management - Moreton Island) Amendment Bill
2020
Stage reached: 2nd reading adjourned on 12/05/2021 Assent Date:
20/05/2021 Commences: Date of Assent
The primary policy objective of the Bill is to provide for the
joint management of protected areas on Moreton Island
(Mulgumpin).
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.