In the media
Commonwealth
Tax regime 'holds back' fledgling build to rent
sector
Developers are facing reduced returns from build-to-rent
projects which in turn is disenfranchising a sector that could be
part of the affordable housing solution. Research released by CBRE
has underlined the three main taxes affecting apartments built for
lease rather than for sale (31 August 2018).
More...
House prices fall in Australia's largest
cities
Australian home prices have continued to drift with
declines reported across a majority of mainland state capitals (28
August 2018).
More...
Property Council welcomes focus on cities
The Property Council has welcomed the Morrison
Government's continuing focus on the infrastructure needs of
our cities through the appointment of a dedicated Minister to deal
with cities, urban infrastructure and population matters (27 August
2018).
More...
Time for a national conversation on future of regional
towns
The Planning Institute of Australia has called for a
"national conversation" to the future character of
Australia's regional towns and cities as it raises concerns
about the influx of government agencies being moved to regional
centres (26 August 2018).
More...
Policymakers push for cladding standard
Ministers have asked Standards Australia to develop an
Australian Standard for permanent labelling of aluminium composite
panels. A Building Ministers' Forum (BMF)
meeting, also attended by industry representatives, has agreed the
issue is "critical" and the labelling will be mandated
through the National Construction Code (20 August 2018).
More...
Queensland
Brisbane apartment market at 'turning
point'
Despite the continued decline in off-the-plan
transactions, a new report reveals it's the owner-occupier
market underpinning strong demand for inner-Brisbane's
apartment stock, Urbis research reveals (24 August 2018).
More...
Victoria
Protecting heritage gems on Queens Parade
Minister for Planning Richard Wynne has announced heritage
protection of a range of Queens Pde landmarks, as well as interim
height controls in the Clifton Hill/North Fitzroy precinct. A new
amendment introduces interim controls along Queens Pde to guide
heights and setbacks of new developments so they suit the heritage
character of the area (31 August 2018).
More...
Factory fire clean up update
Environment Protection Authority Victoria
(EPA) is continuing to monitor air and water
quality from the West Footscray factory fire and is entering the
clean-up phase (31 August 2018).
More...
Apple Fed Square upgrade fails to impress planners at
city council
Problems remain with Apple's Federation Square store,
Melbourne City Council officers say (30 August 2018).
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Two years on: Labor ban on fracking rock solid
Two years ago, the Andrews Labor Government permanently
banned the exploration and development of onshore unconventional
gas in Victoria, including hydraulic fracturing – or
'fracking' – and coal seam gas (30 August 2018).
More...
In practice and courts
Announcements, Draft Policies and Plans released 2018
Victoria
New powers to protect the environment closer for EPA
Victoria
EPA welcomes the passage of the Environment Protection
Amendment Bill 2018 by the Victorian Parliament. The new Act will
give EPA stronger powers and the ability to issue tougher penalties
for environmental offences from 1 July 2020 (23 August 2018).
More...
Public notice: Proposed raising of Hobsons Road,
Kensington between Bateman Road and Stock Bridge
The Proposal forms part of the Melbourne Water
Incorporated Plan for Hobsons Road that addresses flooding issues
in the whole precinct and includes the provision of a pedestrian
link from 71-113 Hobsons Road to Riverside Park. Submission to be
heard are due before 04 October 2018 Committee meeting.
More...
Queensland
QLS: The PEXA hack – new security guidelines and
why they are important even to firms which do not use
e-conveyancing
In two separate incidents, clients have lost substantial
amounts after a conveyancer's email was compromised and funds
diverted by altering payment information on the PEXA platform. PEXA
has now introduced
new security measures to prevent attacks of a similar nature
and all subscribers are strongly advised to implement them (August
2018).
Cases
Ventura & Anor v Ventura & Ors
[2018] VSC 485
PROPERTY LAW – Co-owners entered into contract to
sell land – one co-owner refuses to complete the contract
– rights of other co-owners to compel completion –
Property Law Act 1958, s 49.
PRACTICE AND PROCEDURE – Application by originating motion in
Form 5C pursuant to the special procedure – Supreme Court
(General Civil Procedure) Rules 2015, r 45.05 – whether
appropriate procedure – Procedure appropriate in the
particular circumstances.
PRACTICE AND PROCEDURE – Execution of instrument by order of
Court under s 22 of the Supreme Court Act 1986 (Vic)
– circumstances where appropriate to order.
Linard v Wellington Shire Council & Anor
[2018] VCC 1205
NUISANCE - Airborne litter discharged from a tip entering
onto the plaintiff's hobby farm - extent to which the airborne
litter was caught by intervening fences and tree lines - extent to
which any airborne litter contaminated the pasture on the
plaintiff's hobby farm - whether the interference with the
plaintiff's enjoyment and use of his hobby farm was both
substantial and unreasonable - steps taken by the defendants to
prevent airborne litter entering onto the plaintiff's hobby
farm - balancing the user and public utility of a tip against the
allegations of nuisance made by the plaintiff - utility of
injunctive relief - alternatively, whether the plaintiff had
suffered any financial loss - whether the hobby farm was a viable
and would produce a financial profit - methods of calculation of
the financial loss - alternatively, damages for inconvenience,
discomfort and intrusion - alleged interference neither substantial
nor unreasonable - plaintiff failed to prove any financial loss -
plaintiff failed to prove any inconvenience, discomfort and
intrusion beyond negligible.
Judgment: The plaintiff's proceeding is dismissed.
Paolucci v Monash CC [2018] VCAT
1261
Section 77 Planning and Environment Act 1987 -
Monash Planning Scheme - Neighbourhood Residential Zone Schedule 4
- Vegetation Protection Overlay Schedule 1 - neighbourhood
character - landscaping - visual bulk - Amenity Impacts.
Butler Market Gardens Pty Ltd v GG & PM Burrell Pty
Ltd [2018] VSC 461
PRACTICE AND PROCEDURE – Security for costs –
Whether discretion enlivened – Weighing of discretionary
factors – Significance of late timing of application –
Defendant insured – Whether ordering security would stultify
proceeding – Whether proceeding should be stayed pending
provision of security.
The plaintiff, Butler Market Gardens Pty Ltd
(BMG), claims damages in negligence and nuisance
from the defendant, GG & PM Burrell Pty Ltd
(Burrell). The claim is made in respect of damage
to a spring onion crop grown by BMG on land it leased from Burrell
at Beverford, near Swan Hill, in July and August 2014.
Moreton Bay R
egional Council v White & Anor
[2018] QLAC 4
REAL PROPERTY – RATES AND CHARGES – RATING OF
LAND – categories of land – where appellant objects to
rating categorisation of property – where no appropriate
category exists – where the subject land contains a main
house and a granny flat – where it was decided the
appropriate category was O1.
Nancy & Albert Pty Ltd v McDonald's Australia Pty
Ltd [2018] QCAT
285
LANDLORD AND TENANT – RETAIL AND COMMERCIAL
TENANCIES LEGISLATION – OTHER MATTERS – Ground lease
– determination of current market rent on the basis of
unimproved land value – whether determination by specialist
retail valuer complies with the requirements of the Retail Shop
Leases Act, reprint 3E – whether valuer failed to comply
with s 29 of the Retail Shop Leases Act in not determining
the rent on the basis of the rent that would be reasonably expected
to be paid for the retail shop if it were unoccupied and offered
for leasing for use for which the shop may be used under the lease
or substantially similar use, but instead determined the current
market rent on the basis that the lease was a ground lease and did
not take into account improvements on the leased land –
whether a specialist retail valuer's report was not a proper
determination because it failed to disclosure certain information
relied upon within it, indicate how comparable properties were
relevant, how the benefit of easements have been taken into account
– whether the report failed to have regard to exclusive use
provisions – whether valuer failed to specify the matters
taken into account – whether adequate.
Reynolds v Body Corporate for Mount View
Apartments [2018] QCAT
283
REAL PROPERTY – STRATA AND RELATED TITLES –
GENERAL MATTERS – JURISDICTION AND POWERS OF COURTS AND
TRIBUNALS – Application by former caretaking services
contractor seeking damages for breach of terminated contract
– whether application can be made by former service
contractor about former contract – whether Queensland Civil
and Administrative Tribunal has jurisdiction to hear application
– whether Queensland Civil and Administrative Tribunal has
power to award damages for breach of contract.
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – JURISDICTION
– Application by former caretaking services contractor
seeking damages for breach of terminated contract – whether
application can be made by former service contractor about former
contract – whether tribunal has jurisdiction to hear
application – whether tribunal has power to award damages for
breach of contract.
Legislation
Victoria
Acts assented
Residential Tenancies Amendment (Long-term Tenancy Agreements)
Act 2018
Date of assent: 28 August 2018 Act Number 40/2018
Environment Protection Amendment Act 2018
Date of assent: 28 August 2018 Act Number: 39/2018
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.