In the media
Commonwealth
Australia central bank warns of business failures as
property vacancies rise
Business failures in Australia are likely to rise with
commercial property seen among the hardest hit sectors as a shift
to work-from-home arrangements empties offices and major retail
precincts, the central bank said on Friday (09 October 2020). More...
Remote working and the new normal: Australia's
commercial property market needs to find a new model
The commercial property market as we know it is suffering.
The confidence of many tenants and office occupiers are becoming
weakened by uncertainty, and it's disrupting our aptitude to
function within the once traditional process (08 October 2020). More...
JLL: Budget to provide boost for real estate
sector
The Australian government's latest budget is
committing support and investment incentives to mitigate the
economic impact of COVID-19 in moves that are likely to bolster the
real estate sector (08 October 2020). More...
Federal Budget 2020: The Property Industry Weighs
In
The federal government has rolled out its
recession-battling budget, a single-year plan centring on tax cuts,
spending, support for businesses and jobs that will rely heavily on
a private sector-led recovery (07 October 2020). More...
'Strong' and 'encouraging': Industry
reacts to 2020 budget
This week's federal budget has been mostly well
received by members of the real estate industry, who have applauded
the measures taken to boost consumer confidence and kickstart
property activity. REB has looked at how the budget's announced
measures could impact real estate agents here (07 October 2020). More...
Budget boost to business investment welcome, further
scope to leverage sustainability
In the 2020 Federal Budget, the Government has delivered
an unprecedented package of business investment incentives,
including a key expansion of the instant asset write off scheme.
Business can use this extension to purchase more energy efficient
equipment for commercial buildings such as large energy-intensive
equipment like chillers, air handling units, pumps, and fans (07
October 2020). More...
Budget 2020: A strong budget if forecasts become
reality
The Real Estate Institute of Australia has said that the
critical Budget 2020 has provided an encouraging outlook for all
players in the Australian property market (06 October 2020). More...
PCA: Apartments and housing construction to get shot in
the arm with new home deposit scheme
The Government will release an additional 10,000 places
under the scheme, earmarked solely for newly constructed dwellings,
with amended scheme rules and increased price caps to ensure the
scheme boosts apartment sales as well as detached housing (02
October 2020). More...
Deposit scheme to house more first home buyers:
HIA
Changes to the Australian Government's First Home Loan
Deposit Scheme, applying exclusively to those purchasing a new home
or apartment, will support jobs in the residential building
industry (03 October 2020). More...
Incentives for home building will help national
recovery: HIA
An increase in the number of people that can apply for a
place in the First Home Loan Deposit Scheme if they buy or build a
new home and the $1.2 billion injection into the Supporting
Apprentices and Trainees wage subsidy are major cornerstones in
supporting jobs across the residential building industry (06
October 2020). More...
REIA Questions focus of 10,000 new places for first home
buyers
The Real Estate Institute of Australia has expressed
reservations about the release of 10,000 new places for first home
buyers to build a new home or purchase a newly built home under the
First Home Loan Deposit Scheme (03 October 2020). More...
Mortgage pausing is over for most. Here's what
happens now
For six months, hundreds of thousands of borrowers have
been able to put their mortgage repayments on hold as they dealt
with the COVID-19 crisis. But, for most customers, those deferrals
are ending. If you're one of them, what happens next? (02
October 2020). More...
HIA: Impact of HomeBuilder evident in detached building
approvals
The impact of HomeBuilder is now emerging in the ABS
Building Approvals Data and there is a significant divergence
between the outlook for detached and multi-unit dwellings (30
September 2020). More...
GBCSA: An update on Green Star homes
After issuing over 2600 Green Star certifications across
Australia – from office buildings, to retail fitouts,
airports, public buildings and everything in-between, in May this
year GBCA have made our move into the residential sector, knowing
that industry had long been asking for a standard to certify the
places where we live (30 September 2020). More...
Victoria
CBD tenant demand sags as sub-leasing surges
The amount of office space available for sublease in the
Sydney and Melbourne CBDs has begun to swell as the coronavirus
crisis continues to hit corporate Australia, forcing tenants to
question the prospects of once-thriving city towers (01 October
2020). More...
Property Council releases plan for rebooting
Melbourne
Ahead of the City of Melbourne Council elections, the
Property Council has released an election platform, Rebooting Melbourne, A Plan for Jobs,
Economic Growth and Revitalising the CBD. The election
platform identifies eight recommendations for an incoming City of
Melbourne Council to boost economic activity, create jobs and build
confidence across the City of Melbourne (09 October 2020). More...
Work on a new pedestrian route between Docklands and the
CBD begins
The new, permanent walkway under the rail line between
Flinders Street and Southern Cross Station will link the Melbourne
Quarter redevelopment to the rest of the city, making it one of
Melbourne's most pedestrian-friendly precincts (07 October
2020). More...
Development on Yarra River's north bank sails
on
The revitalisation of the historic goods shed beside
Melbourne's Yarra River will become the centre of a $500
million hotel and apartment project, with its developer still
targeting a 2023 completion date despite Covid-19 restrictions (06
October 2020). More...
Commercial property owners to suffer extra penalty
Victorian commercial property owners who have already
provided hundreds of millions of dollars in rental relief to
struggling businesses will be placed under further financial stress
by new regulations introduced by the Victorian Government (01
October 2020). More...
Outdoor dining to transform Melbourne
In a move that will transform Melbourne's food culture
for generations to come, the City of Melbourne and the Victorian
Government will support businesses to expand their outdoor trading
onto footpaths, carparks, streets and laneways (01 October 2020).
More...
NSW
Workers have no plans to return the city, so developers
are taking to the suburbs
The race is on for development projects across
Metropolitan Sydney with plans lodged for a variety of mixed-use
assets to cater for the pandemic-struck home workers who want an
office – but not in the CBD (10 October 2020). More...
Queensland
Coolangatta apartment development seeks new
heights
Plans for a 72-apartment residential development spanning
13-storeys in Coolangatta has been lodged with the Gold Coast
council (09 October 2020). More...
Limitless lodges medi-hotel plans
Developer Limitless plans to build a 173-room medi-hotel
in Brisbane as health-focused developments ramp up in the wake of
Covid (08 October 2020). More...
Build-to-Rent pilot project
The Property Council welcomes the announcement regarding
the Government's preferred proponents for its Build-to-Rent
pilot project. This is as an important step in demonstrating how
Government and the private sector can work together to deliver this
new housing model in Queensland (08 October 2020). More...
Build-to-Rent developers locked in to boost affordable
housing options
The Palaszczuk Government has secured agreement with two
leading national builders to develop the first two affordable
housing projects under the Build-To-Rent program. (03 October
2020). More...
PCA: Townsville Regional Economic Recovery
strategy
The Queensland Government has announced its economic
recovery plan to support Townsville and the surrounding regions.
The plan formulated as part of the Government's Unite &
Recover strategy aims to provide the region with economic support
as it rebuilds from COVID-19 (02 October 2020). More...
Gold Coast land supply will dry up within five years,
developers warn
The State Government reports there is enough land for
45,000 new dwellings on the Gold Coast, despite fears from the
construction sector that less than a quarter of that land could be
developed (02 October 2020). More...
PCA: Commercial leasing guidelines extended
The amendments introduce an 'extension period' and
separate the requirements between the response period (29 March
2020 to 30 September 2020) and the extension period (1 October 2020
to 31 December 2020). Given the ongoing impact of the Regulation on
members, the Property Council successfully advocated for an
expansion of land tax rebates available for landlords (01 October
2020). More...
Singapore's ARA unveils Brisbane CBD office
tower
Singapore's ARA Asset Management is pushing ahead with
a major commercial project in Brisbane's CBD, lodging plans for
a 22-storey commercial tower set to be wrapped in a terracotta
frame (01 October 2020). More...
Jobs gallop in with commitment to $38 million Gold Coast
Turf Club redevelopment
The Palaszczuk Government has announced a $31.5 million
commitment to the multimillion-dollar Gold Coast Turf Club
redevelopment (30 September 2020). More...
Modernised Body Corporate regulations to commence in
March 2021
The Palaszczuk Government has finalised a modernised set
of body corporate regulations which will deliver important benefits
for Queensland unit owners. To assist stakeholders with the
transition, the new regulations will take effect from 1 March 2021
(29 September 2020). More...
Hudson plots Bowen Hills office tower
ASX-listed investment group Hudson has lodged plans for a
mixed-use development in Brisbane's fast-growing inner north.
The proposed mixed-use development, set to replace two existing
two-storey office and industrial buildings, lies within the
100-hectare Bowen Hills priority development area (28 September
2020). More...
In practice and courts
Commonwealth
Current Inquiries and Consultations
Reef 2050 Long-Term Sustainability Plan
Review
Review of the Lands Acquisition Act 1989
(Cth)
Announcements, Draft Policies and Plans released 2020
Victoria
SRO: Further land tax relief for landlords and business
owners
The Victorian Government has announced further land tax
relief for landlords, in response to the coronavirus (COVID-19)
pandemic, as part of its extension of the commercial and
residential tenancy relief schemes until 31 December 2020.
Commercial landlords who apply for coronavirus land tax relief must
continue to provide rent relief that complies with the requirements
of the Commercial Tenancy Relief Scheme.
Victorian eviction moratorium extended until 28 March
2021
Residential tenants and landlords who struggle to reach
agreement over rent reductions have access to the dispute
resolution service run by Consumer Affairs Victoria for residential
tenancies. The Victorian Small Business Commission offers a similar
service for commercial tenancies. Residential and commercial
tenants and landlords can also take advantage of more support,
including further land tax reductions and more grant funding. For
more information see our Renting rules and support during the
moratorium page.
NSW
NSW Revenue: 2020 land tax COVID-19
relief - Guidelines
24 September 2020 – measures to provide relief to
commercial and residential landowners, View details here.
Queensland
New Body Corporate Regulations
The Queensland Government has released a new set of Body
Corporate regulations intended to streamline body corporate
procedures and increase protections for lot owners. To find out
more about the new regulation, please click here (October 2020).
Commercial Leasing Guideline extended
An extension to the mandatory leasing provisions
introduced to give effect to the National Commercial Code of
Conduct, has now been enacted through the Retail Shop Leases and Other Commercial
Leases (COVID-19 Emergency Response) Amendment Regulation 2020.
The amendments introduce an 'extension period' and separate
the requirements between the response period (29 March 2020 to 30
September 2020) and the extension period (1 October 2020 to 31
December 2020).
Note: You can access the Amendment Regulation here. The Queensland Small Business Commissioner
will continue to assist with resolution and mediation of COVID-19
affected small businesses leases.
QLS: Retail Shop Leases and Other Commercial Leases
(COVID-19 Emergency Response) Amendment Regulation 2020- 30
September 2020
Feedback request on retail and commercial lease regulation
extension. Practitioners are invited to comment on potential
outcomes from the Retail Shop Leases and Other Commercial
Leases (COVID-19 Emergency Response) Amendment Regulation 2020.
More...
Introducing OSR online
OSR Online is your new home for transfer and insurance
duty. It replaces OSRconnect for duties lodgements in Queensland.
It gives you a better way to lodge and pay your transfer and
insurance duty. Set up an account so you're ready to benefit
when it becomes fully functional in October.
Why OSR Online?
- Easier to make lodgements
- Access to the most relevant training and support materials
- See payments, lodgements and credits all in one place
- More secure with highest level of data security
- Quicker to update your details. More...
P&E Court to resume in-person ADR conferences
In-person ADR conferences have resumed in the Planning and
Environment Court as of 28 September. More...
Submission update: Gold Coast Coastal Adaptation
strategy
01 Oct 2020 - Property Council of Australia - The Property
Council has provided input into the ongoing development of the City
of Gold Coast's Coastal Hazard Adaptation strategy. To view the
submission, please click here.
COVID-19 Update on Courts, Commissions, Tribunals
See current COVID-19 updates for the Courts, Commissions
and Tribunals here. Additionally, QLS also provides
COVID-19 updates specifically relating to property law and criminal law.
PCA: Land Tax Relief extended
As part of its 'mini-budget' the Queensland
Government has announced a 25 per cent land tax rebate is available
for eligible properties for the 2020-21 assessment year. The due
dates for applications for the land tax rebate are: 2019-20,
applications close on 31 October 2020 and 2020-21, applications
close on 26 February 2021.
The rebate is only available if you owned an eligible property at
midnight on 30 June 2019 and/or 30 June 2020, and were liable for
land tax in relation to the property (2020). More...
Walkable Neighbourhoods
The Queensland Government has introduced the Mandatory
Planning (Walkable Neighbourhoods) Amendment Regulation 2020. The
regulation will apply to all Development Applications lodged after
September 28 2020. To find out more about the Mandatory Planning
(Walkable Neighbourhoods) Amendment Regulation 2020 and the
supporting technical documents, please click here.
Safer Buildings program enters final stage
The QBCC is administering the three-part Safer Buildings
program to understand the extent of combustible cladding use in
Queensland's private buildings. The Safer Buildings program has
advanced considerably with Part 3 of the combustible cladding
checklist now underway. The deadline for building owners to
finalise the Part 3 assessment is 3 May 2021. For more information
visit www.saferbuildings.qld.gov.au.
Place names recent decisions
02 October 2020 - Job number 19-017: Dundula Creek
EHP prosecutions
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions.
Prosecution bulletin no 6/2020 October
2020
Open for consultation: Moreton Bay Regional Economic
Development strategy
Moreton Bay Regional Council has developed a Regional
Economic Development Strategy that is now open for community
consultation. The strategy provides a 20-year economic vision for
Moreton Bay, and a blueprint for sustainable economic growth into
the future. To view the draft strategy and provide feedback, please
click here.
Reminder: Planning legislation amendment
The additional time provided through the extension notice
applies to development approvals in effect on 8 July 2020 or which
come into effect between 8 July 2020 and 31 October 2020. For
example, a development approval that would have ordinarily lapsed
on 1 August 2020 now won't lapse until 1 February 2021. More...
Queensland Planning legislation
Urgent amendments to the Planning legislation are in
effect to address concerns raised by a range of stakeholders,
including local government and industry, in response to the
COVID-19. The Minister for Planning has extended the COVID-19
emergency applicable event to 31 October 2020. More...
Published – articles, papers, reports
REIA News – 30 September 2020
Federal Budget 2020; Rental Eviction Moratorium and
Claiming Deductions for home-based business. More...
Cases
Mark Ward Trading Pty Ltd v Ball
(Building and Property) [2020] VCAT
1103
Retail Leases Act 2003: Applicant executed lease with a
third party; third party assigned lease to respondents in 2013;
dispute arose between applicant and respondents in 2017 and the
applicant initiated this proceeding; dispute settled by terms of
settlement executed in 2017; terms of settlement required the
parties to execute a new lease on certain terms; new lease not
executed; first respondent sought a declaration that the terms of
settlement were not binding; Tribunal declared terms of settlement
were binding on 16 December 2019; allegations made after December
2019 that applicant was in breach of the lease; application made by
applicant for rectification of the lease, for an order that the
first respondent specifically perform terms of settlement and
execute a lease once its terms have been determined, for an order
for damages for breach of the lease and for other relief; cross
application by the first respondent for order for possession, for
an order for damages for breach of the lease and for mesne
profits.
Zelos v Zelos (Building and
Property) [2020] VCAT
1092
Property Law Act 1958 – Part IV – co-owned
property – who is a co-owner – interest of person must
be co-owned with someone else – sole interest in land not
co-owned with owners of different interests in the same physical
piece of land – finding of the extent of co-owned party's
interest necessarily requires the determination of other interests
– findings as to the existence of interests of co-owners
binding only upon the parties to a proceeding – s.18A and
s.233 – claims for compensation and an account only made
between co-owners.
CIFG (Australia) Pty Ltd v
Perna [2020] VSC
630
FUNDS IN COURT – surplus proceeds from sale of land
paid into court – application for payment out –
Plaintiffs claim equitable charge under guarantees given to secure
principal debtor's indebtedness to the plaintiffs – first
defendants claim equitable charge under a security agreement
– whether liability of the principal debtor to plaintiffs
joint or several – whether guarantors liable to a plaintiff
or the plaintiffs under guarantees – whether plaintiffs'
charge enforceable – Adaz Nominees Pty Ltd v Castleway
Pty Ltd [2020] VSC 201 applied – whether first
defendants' security agreement a sham transaction –
whether first defendants charge enforceable – Snook v
London and West Riding Investments Ltd [1967] 2 QB 786;
Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988)
18 FCR 449; ASIC v Managed Investments Ltd and Ors (No 9)
[2016] QSC 109
PROPERTY – competing equitable interests in land –
whether interest created first in time should be postponed –
Butler v Fairclough [1917] HCA 9; (1917) 23 CLR 78;
Latec Investments Ltd v Hotel Terrigal Pty Ltd (in liq)
[1965] HCA 17; (1965) 113 CLR 265; J & H Just (Holdings)
Pty Ltd v Bank of New South Wales [1971] HCA 57; (1971) 125
CLR 546; Mimi v Millenium D.
Muller & Anor v Del
Vecchio [2020] QCAT
373
ENVIRONMENT AND PLANNING – TREES, VEGETATION AND
HABITAT PROTECTION – DISPUTES BETWEEN NEIGHBOURS –
where a row of Lilly Pilly trees on the Respondent's land were
alleged to have resulted in obstruction of sunlight affecting the
Applicants' dwelling necessitating increased heating costs
– where the Applicants sought orders under the Neighbourhood
Disputes (Dividing Fences and Trees) Act 2011 (Qld) – where
photographs revealed glass doors and windows of the Applicants'
dwelling in shade and the trees were the obvious cause –
where the tree assessor found the trees to restrict sunlight by 80
per cent – whether the obstruction of sunlight was
'severe' for the purpose of s 66(3)(b)(i) of the Act
– whether the obstruction of sunlight amounted to
substantial, ongoing and unreasonable interference with the use and
enjoyment of the Applicants' land for the purpose of s
66(2)(b)(ii) of the Act – whether the Tribunal is bound by
tree assessor's opinion on interference - where the tree
assessor found the trees provided privacy for the Respondent -
whether orders should be made for work to be carried out to reduce
the height of the trees
Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 Qld s
46, s 59, s 61, s 65, s 66, s 70(2), s 71, s 73, s 75.
Purcell v Challenor &
Anor [2020] QCAT
372
ENVIRONMENT AND PLANNING – TREES, VEGETATION AND
HABITAT PROTECTION – DISPUTES BETWEEN NEIGHBOURS –
whether the neighbour made a reasonable effort to reach agreement
with the tree-keeper to give rise to a power to make an order
– whether bamboo caused serious damage to the neighbour's
land or property or is likely to cause serious injury –
whether the bamboo causes substantial, ongoing and unreasonable
interference with the use and enjoyment of the neighbour's land
– loss of view – whether view existed at the time the
neighbour purchased the property – whether severe obstruction
of view caused by bamboo – whether bamboo causing obstruction
of sunlight and breezes to the neighbour's land. Neighbourhood
Disputes (Dividing Fences and Trees) Act 2011 Qld s 42, s 45, s 46,
s 47, s 48, s 49, s 62, s 65, s 66.
Hilas & Anor v GGPG
Developments (No 133) Pty Ltd & Anor
[2020] QSC 313
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
FORMATION OF CONTRACTUAL RELATIONS – MATTERS NOT GIVING RISE
TO BINDING CONTRACT – VAGUENESS AND UNCERTAINTY –
CERTAINTY AS TO PRICE – where the parties entered into a put
and call option deed for the acquisition by the first respondent of
certain property – where the deed was varied to extend the
time for exercising the options under the deed – where the
variation did not address the purchase price in relation to the
options – whether the deed was uncertain as to the purchase
price of the call option
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION
OF CONTRACTUAL RELATIONS – OFFER – OPTION FOR VALUABLE
CONSIDERATION OR UNDER SEAL – EXERCISE OF OPTION –
METHOD OF EXERCISE – where the applicants gave a notice of
exercise of the put option under the deed – where the
applicants also enclosed an executed contract, which was not
required under the deed – whether the notice of exercise of
option was valid and effectual.
Cases to 05 October 2020
Catterall & Ors v Moreton
Bay Regional Council & Anor [2020] QPEC
52
PLANNING AND ENVIRONMENT – APPEAL – where
appeal against decision to approve a change application for other
than a minor change to a development approval – where the
changes proposed increase building height but reduce density, bulk
and scale – whether the subject land is suitable for high
density residential development – whether the changed
development, by reason of its height, bulk, scale and density, will
have unacceptable impacts on character and amenity – whether
the height, bulk scale and density of the changed development
complies with the respondent's planning scheme – whether
the change application should be approved or refused
Acts Interpretation Act 1954 Qld s 14B
Planning Act 2016 Qld ss 45, 59, 60, 78, 82, 229 and Sch 1 &
2
Planning & Environment Court Act 2016 Qld ss 43, 45, 46 and
47.
Legislation
Native Title Amendment
(Infrastructure and Public Facilities) Bill
2020
09/10/2020 - The Native Title Amendment (Infrastructure
and Public Facilities) Bill 2020 (the Bill) amends the Native Title
Act 1993 (the Native Title Act) to extend the operation of
Subdivision JA for another 10 years.
PAYG Withholding variation for foreign resident capital gains withholding payments – no residue after a mortgagee exercises a power of sale 2020.
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.