In the media
Commonwealth
How COVID is transforming Australia's commercial
property sector
The COVID-19 pandemic has had a significant influence on
where we work. It has caused much uncertainty about the future
workspace conditions as organisations try to deal with the problem
of abundant space (04 November 2021).
More...
Building approvals remained elevated in September
"Detached building approvals continue to suggest
there is still strong demand for housing six months after the
HomeBuilder stimulus ended in March," stated HIA Economist Tom
Devitt (03 November 2021). More...
No easy pickings in RSL redevelopment
The combination of long- and short-term trends in the
hospitality and clubs sector have made RSLs and other community
clubs an enticing target for developers in recent years, with the
number and scale of projects accelerating. But proponents involved
in club redevelopment ventures warn that the sector comes with a
its own set of considerations and requirements (03 November 2021).
More...
Get ready for Green Star Buildings coming in
December
The transition period is coming to an end on 17 December
so project stakeholders intending to use Green Star - Design &
Built on an upcoming build must execute their project's
Certification Agreement by this date (29 October 2021). More...
Knight Frank finds green buildings attract price
premium
Green-rated office buildings in Sydney and Melbourne enjoy
a premium on sales prices depending on their NABERS rating, a new
report by real estate services firm Knight Frank has found,
suggesting a strong, global pattern between sustainability and
value (25 October 2021). More...
Property industry to play critical role in the race to
net zero
Australia's transition to sustainable housing could
both protect the home building sector, as well as spur growth in
delivering more than half a billion dollars of additional
investment in the construction industry by 2030 (29 October 2021).
More...
Victoria
Saving renters money and creating more comfortable
homes
Rental providers are now eligible for a rebate to upgrade
inefficient heating and cooling systems to make homes more
comfortable, drive down power bills and reduce greenhouse gas
emissions (01 November 2021). More...
Victoria continuing to cut greenhouse gas
emissions
Victoria's emissions are continuing to fall with an
emissions report clearly demonstrating the state's transition
to a net zero emissions economy by 2050 is on track. The Government
has set targets to halve emissions by 2030 as part of its Climate
Change Strategy released in May this year (29 October 2021).
More...
Longer tunnel and a green light for North East
Link
The North East Link project will deliver a longer tunnel
to Watsonia, a new tree-lined boulevard for Greensborough Road and
more than 50 MCGs of new, revived and reconnected parklands, with
the major contract now awarded (28 October2021). More...
Samma, Brightlight plot $750m in build-to-rent
projects
Melbourne is continuing to claim the lion's share of
build-to-rent apartments with Samma Property Group the latest
developer preparing to break ground on a number of build-to-rent
projects following a $750-million capital-raising (28 October
2021). More...
Crackdown on dodgy operators dumping asbestos-riddled
soil
EPA and Hume City Council are encouraging members of the
public to report dumpers who unload piles of asbestos-contaminated
soil in streets or on public land (26 October 2021). More...
Building new regional homes for those who need it
most
The Andrews Labor Government is getting on with delivering
the state's biggest ever social housing build and calling on
all community housing agencies to put forward proposals for new
social housing in regional Victoria (25 October 2021). More...
NSW
Sydney set for thousands of new homes
A further 8,000 jobs will be created and almost 6,000 new
homes built following the finalisation of two important projects
supporting the growth of Greater Sydney (03 November 2021).
More...
NSW government & NABERS: $4.8M Accelerating Net Zero
Buildings
Under this initiative, the National Australian Built
Environment Rating System (NABERS) will
investigate and develop a world-leading framework for measuring,
benchmarking, and certifying emissions from construction and
building materials (01 November 2021). More...
Queensland
Green light for Spit funding set to boost local
construction
A four-year works program worth $16.95 million has been
approved by the Palaszczuk Government, giving the green light to a
series of job-creating infrastructure projects on The Spit (04
November 2021). More...
Construction begins on $850 million Yeerongpilly Green
Riverside community
Deputy Premier and Minister for State Development Steven
Miles said projects such as Yeerongpilly Green Riverside help
address land supply challenges, catering for Queensland's
booming population whilst creating local jobs. EDQ, in partnership
with the developer, invested over $30 million to deliver the parks
and public infrastructure (03 November 2021). More...
4101 - South Bank, South Brisbane, West End Design
Update for 2 Cordelia Street, South Brisbane
A minor change development application for a 30 storey
residential tower located at 2 Cordelia Street, South Brisbane. The
majority of the changes to the previous application which was
approved in 2017 is involving changing of dwelling mix, an increase
in communal space, removal of a lift and facade detail changes (02
November 2021). More...
Joe Adsett Architects propose 15 storey 'River
Arc' for Kangaroo Point
A development application has been submitted by
developer-architect Joe Adsett Architects for a 15 storey
residential building located at 44 O'Connell Street, Kangaroo
Point. Architects have deliberately chosen to limit the density of
the development to 14 sky homes in order to differentiate their
offering from other projects in the area (02 November 2021).
More...
Morris Property Group's $250m office plans for North
Quarter
Morris Property Group has unveiled plans for a
$250-million office tower in Brisbane's North Quarter precinct,
in a vote of confidence for the office sector (27 October 2021).
More...
'World's greenest residential building' cut
down to size
A planned 32-storey apartment tower with impeccable green
credentials is significantly scaled back after Brisbane City
Council expressed concerns about its size (27 October 2021).
More...
Published - articles, papers, reports
Australian Bureau of Statistics
03 November 2021 Building Approvals, Australia
In practice and courts
Commonwealth
Ministerial direction on implementation dates to deliver
a secure national interoperability regime and effective competition
(29 October 2021)
Ministers and industry continue to work together to
implement this important national reform so that effective market
competition can be achieved in order to facilitate an environment
so all Australians may benefit from lower prices, better service
and more innovation. Ministers noted progress with the reform
outlined here.
API: Residential Valuation Standing Instructions V3
module released
The Residential Valuation Industry Group has prepared a
revised version of the ABFI Residential Valuation Standing
Instructions Version 3, which is effective from the 6 of December
2021. More...
ABCB: Residential Energy Efficiency Consultation RIS now
open for comment
We are now seeking comment on a CRIS providing an analysis
of proposed amendments to the residential energy efficiency
provisions included in stage 2 of NCC 2022 public comment draft.
The CRIS will be available for comment until 7 November 2021.
More...
GBCA: Registrations for Green Star - Design & As
Built close 17 December 2021
At the time of launch we announced a transition period:
Whereby applicants could register projects using either Green Star - Design & As Built, or
Green Star Buildings. This transition period ends on 17 December
2021 and applicants will no longer be able
to register their projects under Green Star - Design
& As Built (21 October 2021). More...
GBCA: Green Star certification 2021 dates for your
project
The guidelines below (based on typical time frames),
specify the deadlines you'll need to meet in order to have your
project certified in time for key milestones (2021). More...
Announcements, Draft Policies and Plans released 2021
NSW
NSW Registrar-General: New community land laws to start
in NSW on 1 December 2021
2 Nov 2021 - The Community Land Management Act 2021 No 7 - NSW
Legislation and Community Land Development Act 2021 No 6 - NSW
Legislation and their respective regulations modernise the
development and management of community land schemes in NSW will
start on 1 December 2021.
These reforms align the community schemes legislation with the
Strata Schemes Management Act 2015 and the Strata Schemes
Development Act 2015. View the NSW legislation website Home - NSW
legislation.
For more information visit the NSW Fair Trading website Community and neighbourhood schemes | NSW Fair
Trading.
Note: The Office of the Registrar General is working with NSW Land
Registry Services to update approved community scheme forms. These
updated forms will not be accepted for lodgment until 1 December
2021.
Queensland
Queensland Housing Investment Growth Initiative (QHIGI)
procurement process
The Queensland Housing Investment Growth
Initiative procurement process has now opened. The
QHIGI is being delivered through three funding initiatives:
Housing Investment Funding - funding to
develop partnered projects to increase social and affordable
housing supply
QuickStarts Qld - capital investment
program to accelerate planned acquisitions, new construction and
redevelopment opportunities to deliver new homes
Help to Home - partnerships with property
owners, landlords and registered community housing providers to
headlease homes to people who are eligible for social housing
The procurement process is now open and you can register your
interest in developing a strategic partnership with the Queensland
Government here (01 November 2021).
Residential Tenancies and Rooming Accommodation
(Tenants' Rights) and Other Legislation Amendment Bill
2021
The Bill was referred to the Community Support and
Services Committee for detailed consideration and report by 26
November 2021. The explanatory notes state that the objective of
the Bill is to improve rights for renters in Queensland, address
rental affordability concerns and improve access to safe and secure
housing.
REIQ: Updates to COVID-19 Response for Residential
Tenancies
The Queensland Government has recently announced some changes to the Residential
Tenancies and Rooming Accommodation (COVID-19 Emergency Response)
Amendment Regulation 2021. Some important temporary regulatory
measures will continue until 30 September 2021. Please take note of
the changes listed. More...
PCA Submissions
Small Business Commissioner Bill 2021
28/10/2021 Submission on the Small Business Commissioner Bill 2021 -
State Parliament's Education, Employment and Training
Committee. The Property Council supports the establishment of
the role of a Small Business Commissioner. View the
submission here.
PCA Advocacy Alert: Olympics Legislation
Today the Government has introduced the Brisbane Olympic and Paralympic Games Arrangements
Bill 2021 into the Queensland State Parliament.
This bill will provide the framework for the establishment of the
Brisbane Organising Committee for the 2032 Olympic and Paralympic
Games. It is anticipated that the composition of the board
will be made up of nominations from across three levels of
government, with directors appointed for an initial four year term
(27 October 2021).
Queensland Parliament Publications
Tabled Document - Queensland Conservation
Council
State Development, Infrastructure and Industry Committee - Report
No. 23, 54th Parliament - Vegetation Management Framework Amendment
Bill 2013
Government Response - to Report No. 13 -
Sustainable Planning and Other Legislation Amendment Bill
2012
State Development, Infrastructure and Industry Committee - Report
No. 13, 54th Parliament - Sustainable Planning and Other
Legislation Amendment Bill 2012
Northshore Hamilton PDA - Development Scheme
Amendment
Economic Development Queensland (EDQ) has
commenced a review of the development scheme to ensure it continues
to operate effectively as the overarching planning document for the
PDA. EDQ has now announced that the proposed Development Scheme
Amendment and DCOP is open for public review and comment from 22
October - 3 December 2021. More...
PCA: Sunshine Coast Mass Transit Passes Council: Mass
Transit Options Analysis
The options analysis will be sent to the State Government
to help form a $15 million business case. Included in the
analysis were all five options for the mode of transport including
light rail, wireless light rail, trackless trams, bus rapid transit
and a quality bus corridor from Maroochydore to Kawana. Read more
about the Mass Transit Project here (27 October 2021).
Amendment of Planning Regulation 2017
The Department of State Development, Infrastructure, Local
Government and Planning has advised that the Planning Regulation 2017 was amended on
17 September by the Planning Amendment Regulation (No.1)
2021.
The amendments: Extend the expiry date of the economic support
instrument provisions by 12 months until 17 September 2022 make
several minor changes to increase the efficiency of the Planning
Regulation. These clarify provisions relating to the content of
planning and development certificates and referral agency
requirements for end-of-trip facilities.
Rockhampton Regional Council expands development
incentives policy
Rockhampton Regional Council has expanded its development
incentives policy to include multi-residential unit developments
within close proximity to the CBD. The policy will apply to
DA's lodged between 1 January 2021 and 31 December 2021. For
more information, please click here.
Cases
Great Union Pty Ltd v Sportsgirl Pty
Ltd [2021] VSCA 299
ARBITRATION - application for stay and referral to arbitration -
claim for abatement of rent by reason of COVID-19 pandemic -
whether dispute is a matter which is the subject of an arbitration
agreement - proper construction of arbitration agreement - only
quantification of proportion of rent abatement to be decided by
arbitrator - Appeal allowed - Commercial Arbitration Act 2011 s
8(1) - Hancock Prospecting Pty Ltd v
Rinehart [2017] FCAFC 170; (2017) 257 FCR 442,
discussed.
PRACTICE AND PROCEDURE - pleadings - whether rent abatement claim
ought be struck out - no error established - Supreme Court (General
Civil Procedure) Rules 2015 r 23.02.
Lee v
Yap [2021] VSCA 297
REAL PROPERTY - caveat - appeal against dismissal of application to
remove caveats - where applicant contracted to sell property
subject to caveats - where respondents claim interest in property
in separate proceeding - whether judge erred in refusing to remove
caveats - whether balance of convenience favoured removal - whether
judge placed undue weight on proposed undertaking proffered by
applicant in separate proceeding - whether judge erred in making
certain findings with respect to proposed undertaking - specific
error established - appeal allowed - caveats removed
- Bradto Pty Ltd v Victoria [2006] VSCA 89;
(2006) 15 VR 65; Piroshenko v Grojsman (2010) 27
VR 389; Carbon Black Lab Pty Ltd v Launer [2015]
VSCA 126, considered - Transfer of Land Act 1958 s 90(3).
PRACTICE AND PROCEDURE - application for extension of time - delay
of two business days in filing application for leave to appeal - no
satisfactory explanation for delay given - whether lack of
satisfactory explanation outweighed by merits of appeal - extension
granted - Supreme Court (General Civil Procedure) Rules 2015 r
64.08.
Helman v Strathbogie SC (Red
Dot) [2021] VCAT 1274
NATURE OF CASE permit to use and develop land for a 'warehouse
(fireworks, explosives and ammunition)' - whether the
applicants have standing under sections 89(1)(a) or 89(1)(b) of the
Planning and Environment Act 1987 to request cancellation of the
grant of the permit
LOCATION OF PASSAGE OF INTEREST Paragraphs 50-69, 70-76, 77-93,
190-209, 252-302.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE
LEGISLATION - interpretation or application of statutory
provision
Section 52(1)(a) - what is 'adjoining' land?
Section 52(2)(a)(ii) - what is a 'newspaper' and what does
'generally circulating in the area in which the subject land is
located' now mean in a world of online publishing?
Section 89(1)(a) - does a person requesting cancellation of a
permit have standing if notice was not given under section 52(1)(a)
to an owner or occupier who has not requested cancellation?
Section 89(1)(b)(iii) - was a failure to include permit conditions
requested by an objector in exchange for withdrawal of the
objection a material mistake in relation to the grant of a
permit?
CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or statutory
provisions is required or desirable
The decision has been referred to the Minister for Planning to
consider a review of the newspaper notice provisions in section
52(2)(a)(ii) because they were enacted before the advent of online
publishing
The Australian Sawmilling Co Pty Ltd
(in liq) v Environment Protection
Authority [2021] VSCA
294
CORPORATIONS - external administration - liquidation - application
to set aside disclaimer of land by liquidators - where liquidators
were indemnified against environmental liabilities - where
respondents gave undertaking to limit liquidators' liability
for clean up costs to that recoverable through the indemnity -
whether setting aside disclaimer would cause prejudice to
respondents grossly out of proportion to the prejudice to creditors
- prejudice to respondents because they could not recover clean up
costs if disclaimer took effect - whether judge erred in exercising
discretion to set aside disclaimer - no error established -
Corporations Act 2001 (Cth) s 568B.
ENVIRONMENT PROTECTION - clean up of environmental hazard -
recovery of clean up costs against 'occupier' of land -
whether 'occupier' permits only single, exclusive person -
whether liquidators are occupiers - duties and powers of
liquidators - no error established - Environment Protection Act
1970 ss 1A, 1D, 1F(2), 1G(1), 1K, 4(1), 4(3), 62, 66B -
Interpretation of Legislation Act 1984 s 37(c) - Corporations Act
2001 (Cth) pts 5.4-5.6 - Re Amerind Pty Ltd; Commonwealth
of Australia v Byrnes [2018] VSCA 41; (2018) 54 VR 230,
applied.
CONSTITUTIONAL LAW - inconsistency of federal and state legislation
- Commonwealth Constitution s 109 - whether direct inconsistency
between Environment Protection Act 1970 s 62 and Corporations Act
2001 (Cth) s 545 - whether recovery of clean up costs makes
liquidator 'liable to incur any expense' - no inconsistency
arises where Corporations Act 2001 (Cth) s 545 not engaged - Scope
of Corporations Act 2001 (Cth) s 5G(11) unnecessary to
determine.
T & L Byrne Excavations Pty Ltd
& Anor v Robinson [2021] QSC
279
REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - REMOVAL
- PARTICULAR CASES - where the plaintiffs allege the first
defendant, a former employee, misappropriated and misapplied funds
belonging to them to the benefit of herself and her husband, the
second defendant, also an employee, either by overpayments of wages
or other unauthorised payments - where the plaintiffs lodged a
caveat over the defendants' family home, which had been
purchased prior to the defendants being employed - where the
defendants seek the removal of the caveat, in order to sell the
property to fund their legal expenses - whether there is a serious
question to be tried as to the plaintiffs' claim to an interest
in the property
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS -
DETENTION, INSPECTION AND PRESERVATION - FREEZING ORDERS - where
the plaintiffs apply for a freezing order, preventing the
defendants from disposing of their assets to the value of their
home property - where there has been significant and unexplained
delay in bringing the application, since the proceedings were
commenced in January 2020 - whether on the evidence before the
court there has been shown to be a risk of unjustifiable disposal
of assets Land Title Act 1994 Qld s 127
QCoal Pty Ltd & Anor v Isaac
Regional Council [2021] QPEC
60
PLANNING AND ENVIRONMENT - APPEAL - appeal against refusal of a
development application for a Works Camp in the Rural zone PLANNING
AND ENVIRONMENT - ASSESSMENT - compliance with regional plan and
planning scheme - whether there is a need for the proposed
development - whether there are relevant matters which justify the
proposed development - Planning and Environment Court Act 2016 Qld
ss 43, 45 and 46; Planning Act 2016 Qld ss 45 and 60
Hill & Ors v Sunshine Coast
Regional Council [2021] QPEC
59
ENVIRONMENT AND PLANNING - DEVELOPMENT CONTROL - APPEAL AGAINST
REFUSAL - where the appellants submitted a development application
for a material change of use for use as multiple dwelling units -
where the subject site is located in a low density residential zone
- where the development is to be located on a battle axe lot -
where the respondent refused the application - whether the proposed
development is inconsistent with the character of the local area -
whether the proposed development would result in an unacceptable
negative effect on the amenity of the local area -
Planning Act 2016 Qld s 60; Planning and Environment Court Act 2016
Qld s 43, 45, 46
Weedon and Roberts v Place 57 Pty
Ltd [2021] QCAT 365
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL
AND ADMINISTRATIVE TRIBUNAL - minor civil dispute - consumer trader
dispute - Queensland Civil and Administrative Tribunal Act 2009,
schedule 3, "Trader", 2(a) - MEANING AND EFFECT - whether
real estate agent excluded from the definition of Trader - whether
Tribunal has jurisdiction - whether matter can be dealt with as
minor civil dispute - minor debt - whether claim for liquidated
amount or damages - Queensland Civil and Administrative Tribunal
Act 2009 Qld s 3, s 11, s 32
Cases to 01 November 2021
Infinite Aged Care (Cornubia) Pty Ltd v
Logan City Council [2021] QPEC
58
ENVIRONMENT AND PLANNING - DEVELOPMENT CONTROL - CONSENTS,
APPROVALS, PERMITS AND AGREEMENTS - REFUSAL AND REASONS FOR REFUSAL
- where the appellant appeals against the refusal of an application
for land reconfiguration - where the proposed reconfiguration is to
split one lot into eight lots - where the development is for a
residential care facility - where the local city council refused
the application - where there is non-compliance with the existing
planning scheme - whether there are adverse consequences due to
non-compliance - where respondent submits that the proposed
reconfiguration would result in overdevelopment
Planning Act 2016 Qld s 45; Planning and Environment Court Act 2016
Qld s 43
Romantica DK Pty Ltd v Pennidan Pty
Ltd [2021] QCAT 361
LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES LEGISLATION -
OTHER MATTERS - retail shop lease - assignment - security bond held
- state of leased premises on assignment - owner's consent -
assignment effected - liability to return security bond on
assignment Retail Shop Leases Act 1994 Qld Part 5 Division
3
Ferguson v Rossiter
[2021] QCAT 359
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL
AND ADMINISTRATIVE TRIBUNAL - neighbourhood disputes - trees -
where land is rural land - whether tribunal has jurisdiction
ENVIRONMENT AND PLANNING - TREES, VEGETATION AND HABITAT PROTECTION
- DISPUTES BETWEEN NEIGHBOURS - tree disputes - where land
rural
Land Title Act 1994 Qld; Land Valuation Act 2010 Qld s 9, s 10, s
11; Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 Qld
s 42(1), s 42(2), s 42(3), s 42(4), s 45, s48(1), s 52, Schedule
4
Queensland Civil and Administrative Tribunal Act 2009 Qld s 3(b), s
4(b), 4(c), s 13, s 32(2), s 62(1), s 95(1)
Legislation
Queensland
Subordinate legislation as made - reminders
No 138 Planning Amendment Regulation (No. 1)
2021
The objectives of the Amendment Regulation are to extend the expiry
date of economic support instrument provisions under the Amendment
Regulation by 12 months until 17 September 2022 to continue to
assist Queensland's economic recovery from COVID-19, and make
minor amendments to increase the efficiency of the
No 50 Planning (COVID-19 Vaccination Service) Amendment
Regulation 2021
Insert 20A When material change of use for providing COVID-19
vaccination service is not assessable development. This section
expires on 31 December 2021.
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.
