In the media – National
NBN construction footprint provides greater certainty
for development
The release of the NBN construction plan provides greater
certainty for residential development by further detailing the
footprint for the rollout which supports the efficient delivery of
new housing (16 October 2015). More..
Housing costs for owners steady while housing costs for
renters increase
An increase in average household incomes has seen owners
with a mortgage spending 16 per cent of their income on housing
costs in 2013-14, down from 18 per cent in 2011-12. Caroline Daley
from the ABS said the figures show the difference in the impact of
housing costs on weekly household budgets for those renting and for
those with a mortgage (16 October 2015). More...
Australian seniors stand to benefit from plan to unlock
home wealth
In what would be a win both for seniors and the budget
bottom line, Treasurer Scott Morrison has expressed his continued
support for a plan to unlock the capital in the homes of older
Australians (24 September 2015). More...
In the media – Victoria
Plan Melbourne refresh discussion paper
Following the release of the Plan Melbourne 2015
Ministerial Advisory Committee report, the Victorian Government has
released the Plan Melbourne refresh discussion paper. The
discussion paper succinctly outlines some of the detail from the
Advisory Committee report and is essential reading to better
understand the current Victorian Government's future planning
vision for Melbourne. More...
In the media – New South Wales
Urban Taskforce: Greater Sydney Commission Legislation
gives real planning power
The Draft Legislation for the Greater Sydney Commission
gives the commission the power to make Local Environmental Plans
and District Plans. The Sydney Planning Panels will be determining
development applications over $20 million and the Commission will
have the authority to make Local Environmental Plans (LEPs) (23
October 2015).
More...
Sydney's Bays Precinct to be transformed
White Bay Power Station will be transformed into a hub for
innovation and high-tech industries as part of plans to rejuvenate
and transform Sydney's Bay's Precinct into a new waterfront
destination (23 October 2015).
More...
Greater Sydney Commission Legislation Introduced
Planning Minister Rob Stokes today announced that the
Greater Sydney Commission is one step closer, after legislation to
establish the organisation was introduced in Parliament today (22
October 2015). More...
Making it happen in the Bays
White Bay Power Station will be reborn as a hub for
knowledge-intensive industries and there will be a continuous
waterfront promenade from Balmain to Pyrmont, NSW Premier Mike
Baird and Planning Minister Rob Stokes announced today, as they
released the NSW Government's plan for the transformation of
Sydney's Bays Precinct (22 October 2015).
More...
Fit for the future: $2 Billion Community windfalls by
merging unfit councils
Almost two-thirds of NSW councils are not fit for the
future, according to a new report by the Independent Pricing and
Regulatory Tribunal (IPART) released today by NSW Premier Mike
Baird and Local Government Minister Paul Toole (20 October 2015).
More... More...
New amendments to help simplify the planning system go
on exhibition
The NSW Department of Planning and Environment today
announced the public exhibition of proposed amendments to the
Standard Instrument for Local Environmental Plans (SILEP) (20
October 2015). More...
Changes to the State Policy for exempt and complying
development on exhibition
The NSW Department of Planning and Environment today
proposed a number of minor amendments to the State Environment
Planning Policy (Exempt and Complying Development) 2008 (the
Policy). The proposed amendment is part of the Department's
ongoing approach to improving the Policy to make it easier to use
and understand (19 October 2015). More...
PCA: Giving Sydney the councils we need
Sydney is poised to enjoy modern councils with the
release of the IPART report into local government, according to the
Property Council. The city's growth trajectory demands councils
with the scale to participate in good strategic planning,
infrastructure investment and service delivery (16 October 2015).
More...
Urban Taskforce: Strata law improvements essential for
the growing number of apartments
The NSW Government's reforms to legislation related to
strata titles are important for the growing number of apartments
being developed in urban areas (16 October 2015).
More...
Sydenham to Bankstown to be revitalised
Planning Minister Rob Stokes today revealed a new vision
for the town centres around the 11 stations on the Sydenham to
Bankstown rail line (14 October 2015). More...
36,000 new units proposed for Sydney rail corridor
About 36,000 new units are to be built along the rail
corridor between Sydenham and Bankstown, in Sydney's
south-west, under a 20-year plan revealed by the New South Wales
Government (14 October 2015).
More...
Underquoting Bill Passes NSW Parliament
Consumers will receive greater protection when purchasing
a property, after a bill strengthening the law against underquoting
passed the NSW Parliament today. NSW Fair Trading and REINSW are
working in partnership to prepare real estate agents for the new
laws, which take effect on 1 January 2016 (13 October 2915).
More...
In the media – Queensland
First Gladstone LNG shipment a sign of sector
strength
Minister Frydenberg congratulated the Australian gas
industry on the first shipment of liquefied natural gas (LNG)
departing from Santos' Gladstone LNG project in Queensland (19
October 2015).
More...
All systems go for Port of Bundaberg as pipeline
receives $8.8 million funding boost
The Port of Bundaberg will potentially become a State
Development Area and the Palaszczuk Government will increase
funding to the Bundaberg Gas Pipeline from $11 million to almost
$20 million in a bid to build the port into an economic hub for the
Wide Bay region (19 October 2015).
More...
Government announces Rural Debt and Drought
Taskforce
The Palaszczuk Government has announced the establishment
of a Rural Debt and Drought Taskforce to help identify and
recommend solutions to address the debt issues faced by
Queensland's primary producers (19 October 2015).
More...
Carmichael Coal Mine and Rail Infrastructure
project
The Carmichael Coal Mine and Rail Infrastructure project
has been approved in accordance with national environment law
subject to 36 of the strictest conditions in Australian history.
The project is located approximately 300 kilometres inland in
remote central Queensland. (15 October 2015).
More...
More...
$2.4 million of new vital infrastructure for Roma
Maranoa Mayor Robert Loughnan said the delivery of
essential infrastructure and services was identified as a priority
for Council and that the upgrade of Roma's sewage assets was an
important project (13 October 2015).
More...
Clock ticking for pool owners
The Palaszczuk Government is urging the state's
swimming pool owners to ensure their pool fences comply with state
laws by 1 December (13 October 2015).
More...
Stage two of Gold Coast light rail on track for
Commonwealth Games
Gold Coast Light Rail Stage 2 will be delivered in time
for the Commonwealth Games with all three levels of Government
committed to fund the extension (10 October 2015).
More...
Published – articles, papers, reports – National
Global Cities: The 2016 Report
Rapid population growth and innovative infrastructure
projects are creating new business hubs and transforming the
geography of our Global Cities. These hubs are increasing in
importance as investors cast their nets wider when pursuing real
estate opportunities, increasing cross border money flows. More...
In practice and courts – National
Global domain for REITs launched
From 17 November, real estate investment trusts around the world,
will be able to register their domain name with REIT in their
internet addresses. This scheme will be operated and administered
by the National Association of Real Estate Investment Trusts
(NAREIT).
More...
In practice and courts – New South Wales
Announcements, Draft Policies and Plans released 2015
Bays Precinct Transformation Plan
This identifies how the inner harbour precinct in and
around Sydney Fish Market, Rozelle Bay, the White Bay Power Station
and Sydney waterfront will be revolutionised (22 October 2015). More...
NSW Reform of strata laws
Based on consultation, more than 90 proposed reforms will update
50-year-old strata scheme laws. Together, they will help to guide
strata schemes to best manage their strata community's needs
into the future (15 October 2015). More...
In practice and courts – Queensland
Announcements, Draft Policies and Plans released 2015
40 rateable local government areas to receive annual
land valuations in 2016
More than one million landowners in 40 of Queensland's 78
rateable local government areas (LGAs) will receive new land
valuations in 2016 under the Land Valuation Act 2010.
"The valuations will be determined as at 1 October 2015, and
become effective for rating, land tax and state land rental (for
leasehold land) purposes as at 30 June 2016 (14 October 2015).
More...
Cases – Victoria
Hong v Tsambikos [2015] VCC
1401
Contract for sale of land containing special condition
that contract conditional on approval by FIRB-construction of
contract- whether condition was a condition subsequent or condition
precedent- whether purchaser entitled to rely on failure of
condition to terminate-onus of proof- whether reasonable steps
taken- whether substantial chance that approval would not be
granted in any event- whether purchaser would be entitled to relief
against third parties for alleged misrepresentations of estate
agent about FIRB process. More...
Cases – Queensland
Commissioner of State Revenue v Di Sipio &
Anor [2015] QCA 198
TAXES AND DUTIES – STAMP DUTIES – CONCESSIONAL
RATES OF DUTY – GENERALLY – where the respondents
purchased a property subject to an existing tenancy and obtained a
first home concession under s 92 Duties Act 2001 (Qld)
– where the Commissioner of State Revenue reassessed the duty
under s 154 Duties Act 2001 (Qld) – where the Appeal
Tribunal of the Queensland Civil and Administrative Tribunal found
that s 154 did not apply, as the respondents had not leased the
land to the tenants nor given them exclusive possession –
where the Commissioner argues that the Appeal Tribunal misconstrued
s 154(2) in so finding – where the Commissioner argues that
the respondents became lessors to the existing tenants –
where the respondents argue that they received only the
reversionary estate, the leasehold interest having already passed
to the tenants – where the respondents argue that they did
not grant exclusive possession of the property as the tenants were
already in exclusive possession – whether s 154(2) should be
construed so that a buyer's acquisition of a property subject
to an existing lease constitutes a disposal of the property –
whether leave to appeal should be granted – whether the
appeal should be allowed. More...
Meridien Airlie Beach Pty Ltd (Receivers and
Managers Appointed) (in liq) & Anor v Karamist Pty Ltd
[2015] QCA 192
LANDLORD AND TENANT – TERMINATION OF THE TENANCY
– FORFEITURE – RELIEF AGAINST FORFEITURE – RELIEF
UNDER STATUTE – GENERALLY – where the appellants and
respondent entered into two subleases for recreational purposes
– where the appellants are the sublessors and the respondent
is the sublessee – where the respondent defaulted in payment
of the deferred rent within the required timeframe – where
the appellants lodged notices of surrender of the subleases –
where the respondent eventually paid the deferred rent –
where the appellants refused to reinstate the subleases –
where the respondent was successful in its application for relief
against forfeiture pursuant to s 124 of the Property Law Act
1974 (Qld) – where the appellants are appealing the
decision of the primary judge – whether the primary judge
misdirected himself in relation to the legal test to be applied in
cases of relief against forfeiture – whether the primary
judge failed to provide adequate reasons in granting relief to the
respondent – whether the primary judge failed to find against
the weight of evidence in circumstances where there was
insufficient evidence to support the respondent's application.
More...
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.