In the media – National

Commercial property confidence outdoes residential
New research has revealed that Australians are continuing to lose confidence in the property market, with sentiment in the residential sector now at its lowest level since December 2012 (27 July 2016). More...

How will the corporate tax cut be funded?
The Coalition's proposal to reduce the corporate tax rate will result in a significant loss of tax revenue and, in turn, will have a significant impact on the budget balance (29 July 2016). More (The Australia Institute)... More (TAI Briefing Paper)...

ASIC bans director and CEO of Park Trent Properties Group
The Supreme Court of NSW found the company had unlawfully carried on an unlicensed financial services business for over five years by advising clients to purchase investment properties through their SMSFs (28 July 2016). More...

In the media – Victoria

Plans to investigate Elizabeth Street upgrade
The City of Melbourne has released a plan to investigate improvements to pedestrian congestion, safety and amenity of the southern end of Elizabeth Street while providing better access to public transport and businesses (28 July 2016). More...

In the media – Queensland

New Land Court President appointed
Attorney-General and Minister for Justice Yvette D'Ath has appointed Judge Fleur Kingham as the new President of the Land Court of Queensland (21 July 2016). More...

Gold Coast Airport lands Tweed Heads site
Gold Coast Airport has snapped up the Tweed Heads Drive-In for $11.45 million. The acquisition follows the recent announcement of the Gold Coast Airport's $300 million redevelopment plan (15 July 2016). More...

In practice and courts – Commonwealth

Office of State Revenue: Changes to the Duties Act
The Duties Act 2001 is amended to: extend the transfer duty concession for intergenerational transfers of family primary production businesses by removing the requirement that the transaction be by way of gift, from 1 July 2016 and impose 3% additional foreign acquirer duty, from 1 October 2016. More...

Announcements, Draft Policies and Plans
New strata laws will start 30 November 2016 New strata laws will start on 30 November 2016. They have been modernised to fit the reality of living in a strata townhouse or apartment today. The new building defect bond scheme will start on 1 July 2017. More...

Cases – Victoria

Owners Corporations PS 501391P v Balcombe [2016] VSC 384
STATUTORY INTERPRETATION – Determination of the validity of subordinate legislation – Use of a regulation made under an Act for the purposes of construing the Act. The main question in this appeal is whether owners' corporations (previously called bodies corporate) have the power to make a rule prohibiting short-term letting of apartments.

Cases – Queensland

The Proprietors - Rosebank GTP 3033 v Locke & Anor [2016] QCA
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BYLAWS – where the appellant was a residential body corporate governed by the Building Units and Group Titles Act 1980 (Qld) within the Hope Island Resort – where the appellant passed a by-law which permitted the expenditure of body corporate funds on Primary or Secondary Thoroughfare assets adjacent to the body corporate's common property – where the appellant subsequently passed a motion approving expenditure from its sinking funds on an upgrade of land located on the Primary Thoroughfare – where a Tribunal under the Act determined the by-law and motion to be invalid – where the appellant submitted that the Tribunal erred in failing to apprehend that the appellant's by-law making power was a valid source of the body corporate's powers, authorities, duties and functions under the Act – where the appellant submitted that a by-law could be made under s 30(2) of the Act authorising improvements to the Primary Thoroughfare if it promoted the use or enjoyment of the lots and common property of the appellant – whether the s 30(2) by-law making power authorises the making of a by-law that is inconsistent with the Act – whether the by-law and motion are valid.
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – where the appellant was a residential body corporate governed by the Building Units and Group Titles Act 1980 (Qld) within the Hope Island Resort – where the appellant passed a by-law which permitted the expenditure of body corporate funds on Primary or Secondary Thoroughfare assets adjacent to the body corporate's common property – where the appellant subsequently passed a motion approving expenditure from its sinking funds on an upgrade of land located on the Primary Thoroughfare – where a Tribunal under the Act determined the by-law and motion to be invalid – where the appellant submitted that the power to disburse sinking fund moneys for the purpose of carrying out powers "under this Act" in s 38(6)(b) meant "under this Act or the by-laws" – where the appellant submitted that a by-law could be made under s 30(2) of the Act authorising improvements to the Primary Thoroughfare if it promoted the use or enjoyment of the lots and common property of the appellant – where the appellant submitted that the Tribunal erred in failing to find the by-law was validly made pursuant to s 30(2) of the Act – where the appellant submitted that the Tribunal erred in interpreting s 38A(2)(e) as confining expenditure to that concerning common property – where the appellant submitted that the Tribunal erred in failing to consider the relevance of the Integrated Resort Development Act 1987 (Qld) – whether the appellant is able to expend sinking funds on improvements to property that was not part of the common property.
STATUTES – SUBORDINATE LEGISLATION – NATURE AND EFFECT – where the appellant submitted that the power to disburse sinking fund moneys for the purpose of carrying out powers "under this Act" in s 38(6)(b) meant "under this Act or the by-laws" – where the appellant submitted that by operation of s 7 of the Acts Interpretation Act 1954 (Qld) the expression "this Act" included a statutory instrument made under the Act – where the appellant submitted that the by-law was a statutory instrument under the Act within the meaning of s 7 of the Statutory Instruments Act 1992 (Qld) – whether it is appropriate to determine if the by-law is a statutory instrument made under the Act – whether the by-law is a statutory instrument made under the Act. COURTS AND JUDGES – COURTS – JURISDICTION AND POWERS – GENERAL PRINCIPLES – where an appeal on a question of law from the Tribunal pursuant to s 108(1) of the Act was to "the Court" – where the "Court" was defined in s 7 of the Act to mean "the Supreme Court" – whether the Court of Appeal had jurisdiction to hear an appeal from the Tribunal under s 108(1) of the Act.

Darby v Commissioner of State Revenue [2016] QCAT 193
GENERAL ADMINISTRATIVE REVIEW - FIRST HOME OWNER GRANT ––– DISPLAY HOME - whether 'eligible transaction' - whether 'new home' – whether property 'sold as a place of residence' – where property rented back to builder to use as display home - where property transferred as dwelling - where test for 'sold as a place of residence' is objective and does not depend on parties' acts and intentions – where home built to be lived in – where home displayed for that purpose – where later agreement cannot alter purpose for which property built – where regardless of whether property used or displayed as place of residence, it was still built as place of residence – whether consistent with Parliament's policy intent - where policy intent of Parliament is to benefit buyers of new homes and boost housing construction sector – where policy intent could have only been achieved when property built and first transferred.

Medioz Group Pty Ltd v Scentre Management Ltd [2015] QCAT 546
RETAIL SHOP LEASE – INTERLOCUTORY INJUNCTION – whether prima facie case or serious question to be tried – where balance of convenience lies – where dispute about date of commencement of lease where signed but unwitnessed document but correspondence indicating negotiations about commencement date ongoing- whether discretion should be exercised.

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