In the media
Commonwealth
Housing finance numbers tumble
The September 2018 housing finance figures released by the
Australian Bureau of Statistics show the number of loans for
housing continues to decline, according to the Real Estate
Institute (09 November 2018).
More...
Airbnb not significantly hurting rental affordability in
Sydney and Melbourne
Airbnb isn't making rental affordability
"significantly" worse, but it is reducing the number of
properties that are available for long-term renters in Sydney's
and Melbourne's inner-city and beachside suburbs, a new report
shows (07 November 2018).
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RBA: Low rates offer support for housing market
slowdown
The RBA's resolve to keep the official cash rate on
hold at 1.5 per cent, for a record 27 months, is expected to
continue offering support to the nation's economy at its
current rate setting. As Sydney and Melbourne's housing markets
continue to ease, nationwide measures of rent inflation remain low
(07 November 2018).
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Major bank buys out property exchange PEXA
One of the big four banks has announced that it has
acquired property platform PEXA as part of a consortium, which it
claimed "represents our continued commitment to support the
property industry" (07 November 2018).
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REIA calls for holistic approach to property
taxation
The Real Estate Institute of Australia welcomes the recent
contribution by the Master Builders Association and the Housing
Industry Association to the understanding of the economic impacts
of changes to current arrangements for negative gearing and capital
gains tax on property (01 November 2018).
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Federal Court outcome on Emissions Reduction Fund
case
The Federal Court has handed down its decision in the case
of Country Carbon Pty Ltd v Clean Energy Regulator (01 November
2018).
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CPI continues to be good news for home buyers and
renters
The September 2018 quarter CPI figure is once again good
news for home buyers and renters, according to the Real Estate
Institute of Australia (REIA) (31 October 2018).
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Approvals for detached houses sink to five year
low
Approvals for new detached houses across Australia are at
their lowest ebb since late 2013, according to Shane Garrett, Chief
Economist of Master Builders Australia. ABS figures which have just
been released indicate that detached house approvals fell by 2.1
per cent during September to record their weakest monthly result
since December 2013 (30 October 2018).
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Victoria
Developers eye opportunities in growing aged care
market
As the nation's residential market continues to cool,
Australia's ageing population may provide scope for growth as
industry figures look for alternatives in Melbourne's expanding
downsizer market (09 November 2018).
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Security upgrades underway at Flinders Street
Station
The City of Melbourne has begun installation of permanent
security measures at Flinders Street Station, as part of the
Victorian Government's $50 million CBD security upgrade project
(08 November 2018).
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Victorian stamp duty rates topple other states
The Victorian government has revealed how much of its
state economy relies on stamp duty, which the Housing Industry
Association has condemned as "inefficient and
inequitable" (08 November 2018).
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New South Wales
Developer concessions to increase medium density housing
in New South Wales
Low-rise medium-density housing, widely considered
"the missing part" of NSW housing stock, could be the way
forward as new concessions for developers kick in (09 November
2018).
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Stamp Duty Reform first in a generation
NSW will be the first state or territory in Australia to
index Stamp Duty brackets to CPI guaranteeing everyone in the
housing market a fairer deal on future property transactions. NSW
Treasurer Dominic Perrottet said the reform was the most
significant in a generation with the current system having remained
largely unchanged for over 30 years (05 November 2018).
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Queensland
Government intervention gets $1.2 billion resort
approved
After initially being rejected by the Gladstone Regional
Council, a $1.2 billion master planned resort on Hummock Hill
Island in Rodds Bay will go ahead, subject to strict conditions (05
November 2018).
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Green light for Star's $2 billion Gold Coast
masterplan
The Palaszczuk Government has approved plans for an
expansion of The Star Gold Coast worth more than $2 billion, which
could create 10,000 jobs (02 November 2018).
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Four towers added to $2bn Broadbeach masterplan
The Queensland Government has approved four more towers
for the Destination Gold Coast Consortium's Broadbeach
masterplan (02 November 2018).
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In practice and courts
Queensland
Queensland's Planning System: Measures that
matter
The new Measures that Matter website
gives town planners, developers and even private
investors access to the largest amount of public data gathered in
one place. The website offers the latest numbers on a range of key
indicators covering housing, transport availability, employment
rates and even environmental management (02 November 2018).
More...
Cases
Victoria
AZW International Pty Ltd v N J Agius Pty Ltd (Costs)
(Building and Property) [2018] VCAT
1716
RETAIL LEASE: application by landlord for costs under s92
of the Retail Leases Act 2003 (Vic); tenant's claim
dismissed; Landlord's counterclaim succeeded.
Parrion Holdings Pty Ltd v Kordas (Building and
Property) [2018] VCAT
1659
RETAIL LEASE: application by respondent for costs under
s92 of the Retail Leases Act 2003 (Vic) after applicant
withdrew its claim; application successful. Parrion Holdings Pty
Ltd is to pay Dora Kordas' (personal representative of the late
Peter Maroukas) costs of the proceedings from 14 June 2018, such
costs, if not agreed, to be assessed by the Victorian Costs Court
on the scale of costs in Appendix A of Chapter 1 of the rules of
the County Court.
Surf Coast SC v D.P & J.L Dunoon Pty
Ltd [2018] VCAT
1551
Section 114 of the Planning and Environment Act
1987; Surf Coast Planning Scheme; Low Density Residential
Zone; Use of land for garden supplies; Whether use authorised by
existing planning permit or by clause 63 (existing use rights);
Accuracy of endorsed plans; Whether exemptions of clause 62 apply
to development; Compliance with permit conditions requiring
landscaping.
Kolovos v Moreland CC [2018] VCAT
1699
Section 81(1) Planning and Environment Act 1987;
Moreland Planning Scheme; Request to extend the time to commence a
development; General Residential Zone Schedule 1; Application of
principles in Kantor v Murrindindi Shire Council.
McGeoch v Maroondah CC [2018]
VCAT 1693
Section 97P Planning and Environment Act 1987
– application to review decision of responsible authority to
refuse to issue a certificate of compliance. – application of
clause 52.23 relating to shared housing –Modo Project
Builders Pty Ltd v Frankston CC not followed – shared housing
is not a separate land use term – residential building
requires permit for development even though permit for use not
required under clause 52.23. No permit.
S 3 Sth Melb Pty Ltd v Red Pepper Property Group Pty
Ltd (Building and Property) [2018] VCAT
1684
RETAIL TENANCY DISPUTE – Whether landlord failed to
supply an air-conditioning system to service the premises; repair
of air-conditioning; whether failure to repair air-conditioning
system constitutes a repudiation of the Lease – Repudiation
– reasonable person test – Damages – whether
accrued rights survive termination of the lease. Costs –
whether costs otherwise recoverable under the lease are prohibited
under s 92 of the Retail Leases Act 2003.
Queensland
Seeiseo
Pty Ltd v Body Corporate for Taralla Apartments
[2018] QCAT 352
REAL PROPERTY – STRATA AND RELATED TITLES
– MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS,
DUTIES AND LIABILITIES – where the caretaker commenced
proceedings in the Tribunal seeking appointment of a value to
determine remuneration – where the respondent body corporate
took steps to appoint a valuer before decision by the Tribunal
– where the caretaker no longer claiming that relief in the
Tribunal – where the caretaker sought general review of the
preceding three years of remuneration paid – where the
grounds for seeking relief on the basis of fairness – where
no provision in the caretaking agreement for such review –
where no dispute of a contractual nature disclosed in the
caretaker's application or supporting material – where
body corporate filed interlocutory application to have the
proceedings dismissed.
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