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.
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.