In the media
Commonwealth
Foreign investors still keen on Australian commercial
property: Dexus
Foreign investment in the commercial real estate sector
has dipped significantly during the COVID-19 pandemic but it's
not necessarily for lack of interest, according to industry experts
(04 June 2020).
More...
PCA: Homebuilder stimulus package to switch on sentiment
and save jobs
Mr Morrison called on state and territory governments to
get behind the program by adding further incentives to bring
projects forward and support jobs. It will be important for state
and territory governments to make sure their titles, planning and
building approvals systems are ready to facilitate the new
construction activity this scheme will help generate (04 June
2020).
More...
UDIA: Housing and construction stimulus package a
plus
The Commonwealth Government's $25,000 HomeBuilder
stimulus package for the housing and construction sector is
modelled around the First Home Owners Deposit Gap Scheme it
launched in January this year with the same income caps for singles
and couples but applied to all home buyers (04 June 2020).
More...
Federal government offers $25,000 home builder grants to
support construction sector
The federal government has launched a $688 million
HomeBuilder grants scheme it says will keep 140,000 jobs in the
construction industry through the recession (04 June 2020).
More...
REIA welcomes Federal Government housing stimulus
package
The Real Estate Institute of Australia has welcomed the
Government's announcement of the 'HomeBuilder' package
to support the residential building sector by providing assistance
to owner occupiers to build new. (04 June 2020).
More...
Housing affordability improves marginally in the March
quarter
The REIA Housing Affordability Report is out for the March
quarter and shows a marginal improvement across the country to
housing affordability. The proportion of income required to meet
loan (03 June 2020).
More...
Building tomorrow's homes for the post-COVID
economy
The ASBEC has called on Australian governments to build
better homes and help Australia's post-COVID economy.
Tomorrow's Homes, a new platform released, explains that
with Australia's population forecast to reach 41 million people
by 2050, we'll need to build up to 197,000 homes each year (26
May 2020).
More...
Victoria
Property industry to lead Victorian economic
recovery
The Property Council of Australia (Victoria) has revealed
its plan to help secure Victoria's long-term prosperity
following the COVID-19 pandemic. The plan could see $24.4 billion
worth of economic activity injected into the economy. With
thousands of jobs at risk from the COVID-19 crisis, the proposal
would create or protect as many as 315,000 jobs (05 June 2020).
More...
Vicinity Centres reveals billion-dollar Box Hill
precinct plans
Vicinity Centres hopes to build a billion-dollar precinct
over two large land holdings in Box Hill including an office tower,
hotel, new town square and 1,900 apartments (02 June 2020).
More...
Building recovery taskforce continues fast
tracking
The Victorian Government has fast tracked more than $1.2
billion worth of building and development projects as part of its
ongoing work to kickstart Victoria's economy and create
thousands of jobs. The Taskforce is calling for submissions of
priority projects of state and regional significance that could be
considered for development assistance, including those that may be
awaiting a decision at VCAT (25 May 2020).
More...
NSW
HomeBuilder package to drive jobs in NSW
Planning and Public Spaces Minister Rob Stokes has
welcomed the Commonwealth's new HomeBuilder package of $25,000
grants for those looking to build or renovate their home (04 June
2020).
More...
Applications open for 14 million Crown reserves
improvement fund
Crown land managers and community groups that use Crown
land are invited to apply for a share of $14 million in grants to
upgrade and maintain community facilities and reserves across NSW
(04 June 2020).
More...
NSW Government delivers historic building reforms to
restore industry confidence
The NSW Government has passed the Design and Building
Practitioners Bill 2019, putting consumers first by giving
those entering the property market peace of mind that their home
will be expertly designed and built in compliance with the
Australian Building Codes (03 June 2020).
More...
Queensland
COVID Safe plans mean more customers for Qld
businesses
From 5 June 2020, more Queenslanders can be in pubs,
restaurants, surf clubs and RSLs, cafes, gyms, campgrounds and
hotels thanks to the approval of COVID Safe Industry Plans (05 June
2020).
More...
The 'missing middle' of housing design a future
option for Brisbane
Architecture students at QUT have designed innovative
small - but not tiny - homes in a challenge to traditional design
thinking (05 June 2020).
More...
Sunland offloads $30m Gold Coast site
ASX-listed developer Sunland Group has offloaded the
undeveloped portion of a Gold Coast masterplanned estate to
over-50s resort developer Gemlife for more than $29 million (04
June 2020).
More...
Queensland infrastructure project a leader in
sustainability
The Logan Enhancement Project has been awarded the first
Leading rating in Queensland by the ISCA. The rating is the first
and only national sustainability rating tool for infrastructure,
measuring sustainability performance across the quadruple bottom
line (environmental, social, economic and governance) (29 May
2020).
More...
Queensland commercial leases regulation welcomed by
industry
The Property Council has welcomed the announcement that
the State Government has passed a regulation under the COVID-19
Emergency Response Act 2020 to enact National Cabinet's Code of
Conduct for commercial leases in Queensland (28 May 2020).
More...
Court approves $900m Sunshine Coast masterplan
The Planning and Environment court has dismissed an appeal
against the construction of a $900 million beachfront masterplan
and 5 star hotel development on the Sunshine Coast, following a two
year legal battle (27 May 2020).
More...
Queensland land sales jump 24 per cent
Queensland land markets showed resilience in the face of
Covid-19 with sales surging by 24 per cent during the March quarter
(26 May 2020).
More...
While Kingscliff provides the lifestyle to new
residents, Chinderah has the industrial space
Proponents of a new industrial development near the
NSW–Queensland border say the area has significant potential
for interstate residents now comfortable working from home (25 May
2020).
More...
Published – articles, papers, reports
Australian Bureau of Statistics
02/06/2020
Building Approvals, Australia, Apr 2020 (cat no. 8731.0).
In practice and courts
Commonwealth
Australian Institute for Disaster Resilience handbook
2020
This handbook is intended to guide and assist stakeholders
(including developers and the public) to build capability in and
understanding of land use planning's role in natural hazard
risk management.
More...
Australian Bushfires Disaster Emergency Declaration
— understanding your privacy obligations
The Attorney-General has made the Privacy
(Australian Bushfires Disaster) Emergency Declaration (No. 1)
2020 (the emergency declaration) under Part VIA of the Privacy
Act 1988 (Cth). The emergency declaration was made in response to
bushfires in Australia resulting in death, injury and property
damage occurring from August 2019 into 2020. The emergency
declaration expires on 20 January 2021.
Announcements, Draft Policies and Plans released 2020
NSW
NSW Registrar General Reminder: Cooling off warning
notices from 2 June 2020
From 2 June 2020, all residential contracts for sale
(whether for off-the-plan or established properties) will need to
use the new form of warning notice relating to cooling off rights
to comply with vendor disclosure requirements.
The Law Society of NSW has updated the standard form Contract for
Sale of Land to include the new form of warning notice, which is
prescribed by
Schedule 5, Form 1 of the Conveyancing Sale of Land Regulation
2017. Practitioners should ensure draft contracts are updated
to comply with the new warning notice requirement.
For more information about changes to off-the-plan contracts,
please see our
off-the-plan page. Note: Updated on 26 May 2020 to confirm
transitional period ends on 1 June 2020.
More...
NSW revenue reminder: COVID-19 (coronavirus) and parking
space levy
As part of the NSW COVID-19 stage two economic package,
the NSW Government has deferred parking space levy payments from
the end of March for six months until 30 September 2020, to provide
cash flow relief to businesses.
More...
Queensland
Brisbane Airport Corporation: Projects and
planning
Brisbane Airport Corporation has invested a further $1.8
billion worth of infrastructure to be delivered between now and
2022. Projects to be delivered include
Brisbane's New Runway, the
Auto Mall development and
Terminal redevelopments. Explore airport plans, major projects
and development information below (May 2020).
Is your business eligible for a Temporary Use
License
The Queensland Government have published a fact sheet to
help businesses understand if they may be eligible for a Temporary
Use License (TUL) due to COVID-19. Businesses may need to alter
operating arrangements due to COVID-19. A TUL makes a change of
operation lawful despite the conditions stated in a development
approval or other statutory document. To see whether your business
may be eligible for a TUL, please click
here (27 May 2020).
PCA: Justice and Other Legislation (COVID-19 Emergency
Response) Amendment Bill 2020
The Bill has been passed by parliament, the amendments
within this Bill that affect the property industry include:
A range of amendments to the Body Corporate and Community
Management Act 1997 that provide for the temporary reduction or
deferment of rent from lot owners suffering economic
hardship.
Temporary regulation that provides for the ability to enable the
modification or suspension of processes for increasing or reducing
site rent as well as the processes for disputing a proposed
increase in site rent during the COVID-19 emergency period
(Manufactured Homes (Residential Parks) Act 2003).
More...
COVID-19 Update on Courts, Commissions, Tribunals,
Property law
QLS will provide up to date information on our website
regarding the evolving COVID-19 situation and the response of the
Courts, Commissions, and Tribunals in Queensland.
Further key updates on information specifically relating to
property law, can also be found on the QLS website. Updated 28
June 2020:
Retail Shop Leases and Other Commercial Leases (COVID-19
Emergency Response) Regulation 2020
The
Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency
Response) Regulation 2020 was made and notified on 28 May 2020.
The Explanatory Notes
are available here.
The purpose of the regulation is to mitigate the effect of COVID-19
and also specifically to give effect to the good faith leasing
principles in the
'National Cabinet mandatory code of conduct—SME
commercial leasing principles during COVID-19'. The
regulation is intended to provide relief to parties to an
"affected lease" by way of a number of measures.
More...
Planning legislation amendment
Urgent amendments to Queensland's planning legislation
are now in effect to address concerns raised by a range of
stakeholders, including local government and industry, in response
to the COVID-19. Temporary use licences updated to 25 May 2020.
More...
Cases
Maguire v Parks Victoria [2020] VSC
303
JUDICIAL REVIEW – standing – whether plaintiff
has standing to challenge decision on basis of lack of public
consultation – where plaintiff asserts that he would
participate in public consultation – Plaintiff does not have
a special interest – Plaintiff does not have standing –
Australian Conservation Foundation v Commonwealth [1980]
HCA 53; (1980) 146 CLR 493, applied – Onus v Alcoa of
Australia Ltd [1981] HCA 50; (1981) 149 CLR 27, applied
JUDICIAL REVIEW – whether statement of obligations imposed an
obligation on defendant to publicly consult – where statement
of obligations required defendant to undertake timely and inclusive
engagement – where it is a question of fact for defendant to
determine nature of engagement – Defendant was not required
to consult – Parks Victoria Act 2018, s 31 – Statement
of Obligations (27 October 2018), cls 4.1, 6.1, 6.2, 9.2.1
LEGISLATION – whether management plan is an
'enactment' – whether management plan is a
'subordinate instrument' – where management plan is
an instrument made under an Act – whether management plan
contains rules – where management plan merely refers to
permissions conferred by other instruments – where management
plan is predominantly a strategy document – management plan
is not a subordinate instrument nor an enactment –
Interpretation of Legislation Act 1984, s 38 –
MyEnvironment Inc v VicForests [2013] VSCA 356; (2013) 42
VR 456, distinguished.
White v Woodward [2020] VSC
258
PROPERTY – Contract of sale of land – whether
defendant/vendor a party to the contract alleged by
plaintiff/purchaser – whether vendor's signature genuine
– whether purchaser has paid purchase price as alleged
– whether purchaser entitled to specific performance.
Auastralian Education City v Victorian Planning
Authority [2020] VSC
177
JUDICIAL REVIEW – application by the defendants for
summary judgment pursuant to s 63 of the Civil Procedure Act 2010
(Vic) – Plaintiff challenged a decision of a Committee of
Cabinet to terminate a tender process for the development of a new
residential, educational and employment hub on State owned land
– whether the plaintiff's claim has any real prospects of
success – nature and subject matter of decision means that
the decision is not justiciable – Minister for Arts,
Heritage and Environment v Peko Wallsend Ltd (1987) 15 FCR 274
and Acquista Investments Pty Ltd v Urban Renewal Authority
(2015) 123 SASR 147 referred to and applied, FAI Insurances Ltd
v Winneke [1982] HCA 26; (1982) 151 CLR 342 distinguished
– no other reason for keeping proceeding on foot –
application for discovery and the administration of interrogatories
refused.
13 Investment Company Pty Ltd & Ors v Sunshine Coast
Regional Council [2020] QCA
120
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS
WITHIN ENVIRONMENT JURISDICTION – QUEENSLAND – SUPREME
COURT – ERROR OF LAW – where in 2003 Pelican Waters
Resort Pty Ltd applied to the respondent for a development approval
– where the respondent gave approval to a material change of
use for the purpose of "a Hotel, Motel, Function Rooms,
Restaurant and Multiple Dwelling" – where the resort was
constructed in accordance with approved plans which were attached
to the respondent's decision notice – where the learned
primary judge held that the 102 units on levels 2-4 are restricted
by the terms of the approval to accommodation on a temporary basis
and for travellers – where the applicants apply to this Court
for leave to appeal against that decision, contending that the
learned primary judge erred in his construction of the approval and
the relevant planning instrument – whether the 102 units can
be used for accommodation otherwise than on a temporary basis and
for travellers, i.e. for permanent residents
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND –
GENERALLY – where the conditions attached to the approval
referred to the 102 units in slightly differing terms – where
the approved plans also made reference to the 102 units –
where there are various definitions in Section 9.2 of the Planning
Scheme which appear to recognise that the use "Hotel" is
distinct from the use "Motel" – where the approval
referred to the development application as being "to establish
a Hotel/Motel (102 suites), Function Rooms, Restaurant and Multiple
Dwelling (62 units) ..." – whether the phrase
"Hotel/Motel (102 suites)" was the way in which the
development application itself phrased the intended development
– whether the phrase means the Hotel and Motel will be run in
conjunction with another – whether that construction was what
was sought in the development application, and what was
approved
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND –
GENERALLY – where the applicants placed considerable reliance
upon the fact that the use definition of "Hotel"
contained no restriction as to the type of accommodation or
residential use that might be involved – where the use is
defined by reference to premises "specified in a General
Licence granted under the Liquor Act" – whether the
Liquor Act grants land use rights – whether the Liquor Act
operates to authorise uses under the development approval
Liquor Act 1992 Qld s 3, s 3A, Part 4, s 58, s 58A, s 61A.
Scherbakov v Brisbane City Council
[2020] QPEC 29
PLANNING LAW – EASEMENT – definition of
"premises" – application for declaration that the
subject premises excludes the land identified as easement A –
application for declaration that development application was
properly sought. Acts Interpretation Act 1954 Qld; Building Units
and Group Titles Act 1980 Qld; Planning Act 2016 Qld; Planning and
Environment Court Act 2016 Qld.
Cases to 01 June 2020
Richards & Ors v Brisbane City Council &
Ors [2020] QPEC 26
PLANNING AND ENVIRONMENT – APPEAL – appeal
against approval of a development application for a childcare
centre in the low density residential zone
PLANNING AND ENVIRONMENT – ASSESSMENT – compliance with
the planning scheme – whether there is a need for the
proposed development – whether the proposed development will
serve a local community facility need only – whether there
are relevant matters which justify the proposed development
Planning Act 2016 Qld s 45; Planning and Environment Court Act 2016
Qld ss 43, 46.
Latimore Pty Ltd v Lloyd [2020] QSC
136
CONVEYANCING – THE CONTRACT AND CONDITIONS OF SALE
– OTHER PARTICULAR CONDITIONS – where a contract for
the sale of real property included a special condition requiring
the Seller to provide a Pool Safety Certificate to the Buyer
"7 days prior to Settlement" – where the Buyer
purported to terminate the contract at 5.03 pm on the relevant day,
on the basis that the Seller had breached the special condition
– where the Seller provided the Certificate at 6.31 pm on the
relevant day – where there is a dispute as to the proper
construction of the special condition – where the Seller
relies upon the principle that where a contract specifies a date by
which something is to occur, satisfaction of the obligation can
occur at any time on that day – where the Buyer contends the
general notice provision of the contract applied to the special
condition, so as to require the Certificate to be provided by 5 pm,
failing which it would be treated as provided at 9 am the following
day – alternatively, whether the time period under the
special condition was properly construed as seven consecutive time
periods of 24 hours prior to the event of settlement –
whether the Buyer was entitled to terminate the contract.
Development Watch Inc & Anor v Sunshine Coast Regional
Council & Anor [2020] QPEC
25
PLANNING AND ENVIRONMENT – APPEAL AGAINST APPROVAL
OF DEVELOPMENT APPLICATION – submitter appeal against
Council's decision to approve a development application for a
mixed use development – where development application sought
preliminary approval for material change of use (request to change
the effect of planning instruments) – where the development
application sought development permits for reconfiguration of a lot
and for material change of use – whether proposed development
complies with relevant assessment benchmarks – whether
proposed mix of land uses achieves the Planning Scheme's
intention for a tourism focus area – whether the proposed
development would involve inappropriate commercial
development
PLANNING AND ENVIRONMENT – APPEAL AGAINST APPROVAL OF
DEVELOPMENT APPLICATION – where there are no unacceptable
impacts in relation to setbacks, overshadowing, overlooking,
overbearing or site cover – whether the proposed development
is appropriately designed – whether there is an
overdevelopment of the subject land reflected in the scale, height
and intensity of the proposed development – whether
development was of a bulk and scale compatible with the built form
intent of the Emerging community zone code – whether the
proposed development will have unacceptable impacts on the
character and amenity of the area – whether development
sensitively transitions to local setting and enhances the character
of the area – whether the proposed development accords with
reasonable community expectations
PLANNING AND ENVIRONMENT – APPEAL AGAINST APPROVAL OF
DEVELOPMENT APPLICATION – where the proposed development is
proximate a nesting beach for loggerhead turtles – whether
the proposed development poses an unacceptable risk to the
loggerhead turtle – whether the purpose of the Planning Act
2016 is achieved with respect to the risk to the loggerhead turtle
– whether the precautionary principle warrants refusal
PLANNING AND ENVIRONMENT – APPEAL AGAINST APPROVAL OF
DEVELOPMENT APPLICATION – whether there are relevant matters
that support refusal or approval – whether there is an
economic, planning or community need for the proposed development
– whether there is hotel, residential or retail need for the
proposed development – whether the proposed development will
provide economic benefits to the locality, region and State –
whether the proposed development supports investment in the
Sunshine Coast Airport – whether the Hyatt preliminary
approval supports approval of the proposed development –
whether the locational attributes of the subject land and the
design response to it supports approval – whether the
proposed development consistent with objectives and planned
outcomes in the South East Queensland Regional Plan 2017, the
Regional Economic Development Strategy 2013-2033 and the Tourism,
Sport and Leisure Industry and Investment Plan 2014-2018 –
whether it is within the public interest for the proposed
development to be approved
Planning Act 2016 Qld s 45, s 59, s 60, s 85, s 311; Planning and
Environment Court Act 2016 Qld s 10, s 43, s 45, s 47; Planning
Regulation 2017 Qld s 31.
Craigmoor Pty Ltd v Harvest Investment Co (No 2) Pty Ltd
& Anor [2020] QSC
131
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION
OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where the
plaintiff granted an entity related to the second defendant an
option for it (or its nominee) to purchase land owned by the
plaintiff for $5.25 million – where the second defendant was
advised that, to develop the land, telecommunications
infrastructure would need to be relocated at a cost of
approximately $1 million – where the original option deed was
rescinded and the plaintiff granted the first defendant (or its
nominee) an option to purchase the land for $4.25 million –
where, on the same day that the new option deed was executed, the
plaintiff and first defendant executed another deed (the Profit
Share Deed), by which the first defendant agreed to pay the
plaintiff up to $1 million if, inter alia, it cost less than $1
million to relocate the telecommunications infrastructure –
where the first defendant nominated a third party to purchase the
land after incurring costs of less than $1 million relocating the
telecommunications infrastructure – where a dispute arose as
to the liability of the first defendant to the plaintiff under the
Profit Share Deed – where the dispute was referred to an
expert for determination – where the expert determined the
first defendant was liable to pay $1 million to the plaintiff
– where the first defendant did not make any payment to the
plaintiff pursuant to the expert determination – whether the
expert determination was affected by manifest error – whether
the first defendant is liable to the plaintiff pursuant to the
Profit Share Deed, properly construed.
Hillman & Ors v Australian Securities and Investments
Commission & Anor [2020] QSC
129
REAL PROPERTY – TORRENS TITLE – UNREGISTERED
INTERESTS – GENERALLY – where applicants purchased
property in 1984 from their family company – where formal
transfer was not effected – where family company deregistered
with ASIC and property vests in Commonwealth of Australia –
where no competing interest in property – whether first
applicant should be registered as proprietor of the property
Corporations Act 2001 Cth s 601AD; Land Titles Act 1994 Qld s
114.
The Chief Executive, Office of Fair Trading, Department of
Justice & Attorney-General v Power [2020]
QCAT 159
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Claim
Fund under Agents Financial Administration Act 2014 (Qld) –
whether reimbursement order should be made – where property
agent misused trust funds – where requirements for
reimbursement order met – where Tribunal does not have
discretion once requirements met
Agents Financial Administration Act 2014 Qld s 64, s 102, s 117, s
118, s 119; Queensland Civil and Administrative Tribunal Rules 2009
Qld r 39.
Legislation
Queensland
Subordinate Legislation as made – 29 May
2020
No 79
Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency
Response) Regulation 2020
No 81
Disaster Management (Further Extension of Disaster
Situation—COVID-19) Regulation (No. 4) 2020
Subordinate Legislation as made – 05 June
2020
No 83
Liquor (Fee Relief) and Other Legislation Amendment Regulation
2020
Disclaimer
The information in this publication is of a general nature and is
not intended to address the circumstances of any particular
individual or entity. Although we endeavour to provide accurate and
timely information, we do not guarantee that the information in
this newsletter is accurate at the date it is received or that it
will continue to be accurate in the future.
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.
