In the media – National
Affordability increases, first home buyers out in the
cold
Housing affordability improved across all states and territories
in the first quarter of 2017, however, the number of both first
home buyers and loans decreased, according to the Real Estate
Institute of Australia (REIA) (09 June 2017).
More...
Housing has become 'largest risk' to Australia:
OECD
Australian economic growth is projected to reach almost 3 per cent
in 2018, but the possibility of plummeting house prices presents
the country's "largest domestic risk", according to
the Organisation for Economic Co-operation and Development's
(OECD) June Economic Forecast Summary for
Australia report (09 June 2017).
More...
Government delivers for native title
stakeholders
The Senate has today passed the Native Title Amendment Bill
(Indigenous Land Use Agreement) Bill, restoring certainty to
the native title system (14 June 2017).
More...
Finkel Review: A vital next step in the national energy
debate
The Chief Scientist, Alan Finkel has delivered the first
comprehensive review into Australia's energy market says the
Property Council of Australia. "This report isn't light
reading but it is compulsory reading – and it will take some
time for industry to digest the full implications of the
report", said Ken Morrison, Chief Executive of the Property
Council of Australia (09 June 2017).
More...
The future of Australia's cities
The Committee on Infrastructure, Transport and Cities has begun a
new inquiry into the Australian Government's role in the
development of cities. It will examine city planning and
sustainable urban development, focusing on how to transition
existing capital cities, and how to develop new and existing
regional centres (07 June 2017).
More...
In the media – Victoria
Melbourne's $1-billion 'mini city' to be
largest mixed-use development outside CBD
The Melbourne suburb of Clayton has been announced as the recipient
of the largest mixed-use development the city has ever seen outside
of the CBD (15 June 2017).
More...
New waste to Energy Water Plant
The Andrews Labor Government has launched a cutting edge recycling
facility in Melbourne's north that will reduce landfill, cut
greenhouse emissions and produce enough renewable energy to pay for
itself (15 June 2017).
More...
City of Melbourne: Statement on cladding
investigation
Since February 2016, the Victorian Building Authority
(VBA) has reviewed a total of 170 buildings. The
VBA referred 83 buildings to the City Of Melbourne's Municipal
Building Surveyor (MBS) in February 2016 for
further investigation, which we carried out in conjunction with the
Metropolitan Fire Brigade (MFB) (15 June 2017).
More...
Smart solutions to Melbourne's transport
challenge
Solutions have been submitted as part of the Resilient
Melbourne Citymart Challenge, which invites problem solvers and
creative thinkers from across the globe to find ways to lessen
transport congestion in Melbourne and limit the social isolation it
causes. City of Melbourne Environment Portfolio Chair Councillor
Cathy Oke urged innovators to submit their ideas on how to make
travelling across Melbourne more enjoyable and environmentally
friendly (07 June 2017).
More...
Giving Geelong the council it wants and
deserves
Geelong will have the council structure it wants with the passage
of City of Greater Geelong Amendment Bill 2017. In an
Australian first, the Geelong Citizen's Jury process put local
residents at the forefront of the decision-making process, letting
them determine how their new council should be designed (09 June
2017).
More...
In the media – New South Wales
Planning approval declared invalid for $210-million
Walsh Bay Redevelopment
A proposed $210-million redevelopment for the Sydney suburb of
Walsh Bay has suffered a serious setback, with its planning
approval being declared invalid by the NSW Court of Appeal. The
project has been the subject of a two-year legal battle, begun when
local restaurant owner Brigid Kennedy challenged the
government-funded project on the basis that it had not been
approved lawfully (16 June 2017).
More...
EOI for property management services at key Sydney
Harbour precincts
Property NSW today called for Expressions of Interest from the
private sector to provide integrated property management services
at NSW Government-owned property holdings in key Sydney Harbour
precincts including The Rocks and Darling Harbour (13 June 2017).
More...
Corridor protection crucial for new roads
The announcement by the NSW Government today that additional
funding has been set aside for planning the F6, M12 and M9 Outer
Sydney Orbital as a part of a $1 billion commitment to roads in the
2017/18 budget is good news for Western Sydney according to the
Property Council of Australia (13 June 2017).
More...
"We're not in the 1950s anymore": NSW
greenfield housing plan 'not sustainable,' Institute
says
The New South Wales government has unveiled a plan to increase
housing supply by making it easier to build in new development
areas. Australian Institute of Architects NSW chapter president
Andrew Nimmo said that while some aspects of both the
government's and the opposition's plans appeared to be
positive, he had reservations about the emphasis on greenfield
developments (08 June 2017).
More...
City of Sydney reveals ambitious overhaul of
WestConnex
The City of Sydney is calling on the NSW state government to
rethink its planning for the contentious WestConnex project,
putting forward an alternative proposal it believes will do more to
reduce congestion while costing taxpayers and motorists less (05
June 2017).
More...
In the media – Queensland
Brisbane's office space landlords turn to free rent
sweeteners to lure in tenants
High-rise buildings that once leased out at $1,200 per square metre
are now going for $400 less. The Property Council's latest
figures put Brisbane's commercial vacancy rate at 15.3 per
cent, down from 16.9 per cent six months ago (17 June 2017).
More...
Land sales on the rise in Brisbane
The June 2017 release of the Regional Radar revealed that total
land sales are on the rise in Brisbane. The number of land sales
over the last 12 months in the Brisbane region increased by 8.2%
compared to the previous 12 months (09 June 2017).
More...
Published – articles, papers, reports
Energy in buildings: 50 best practice
initiatives
Clean Energy Finance Corporation (CEFC): 02
June 2017
Australia's property sector is being urged to use readily
available existing technologies to improve the long-term prospects
for their properties, in a broader industry push towards net zero
carbon buildings.
Titles Registry Alert: Revised Titles Registry Fees -
commencing 1 July 2017
The revised Queensland Titles Registry fees will take effect from 1
July 2017. The new fees for the 2017-2018 financial year are
prescribed in the Natural Resources and Mines Legislation
(Fees) Amendment Regulation 2017 which is available on the
Office of the Queensland Parliamentary Counsel
website. For your information
click here for a summary listing the revised Titles Registry
fees that will apply during the 2017-2018 financial year.
In practice and courts
Inquiry into the Australian Government's role in the
development of cities
The inquiry will investigate potential for the Commonwealth
Government to provide leadership and coordinate longer-term
national city planning and will be split into two sub-inquiries:
Sustainability transitions in existing cities and Growing new and
transitioning regional cities and towns. Submissions are open until
31 July 2017. For more information about how to make a submission,
contact the Committee
secretariat. Further information on the inquiry, including the
full
terms of reference, is available on the
Committee website.
Foreign investor tax changes — get ready for 1 July
2017
Conveyancers and practitioners need to be ready for the newly
introduced Federal and NSW State changes to foreign investor taxes
which simultaneously commence on 1 July 2017. The table here
presents the key changes to the relevant rates for the purposes of
preparing and finalising contract documents and settlement
statements for property acquisitions that occur on or after 1 July
2017.
Foreign resident CGT withholding changes
On 1 June 2017, amending legislation was introduced to the Federal
Parliament to amend the Taxation Administration Act 1953
(Cth) to modify the foreign resident capital gains withholding
payments regime to: increase the withholding rate to 12.5%; and
reduce the withholding threshold to $750,000.
More...
Changes to Commercial Building Disclosure and Best
Practice Leasing Standard
From 1 July 2017, the mandatory disclosure threshold on commercial
office buildings will be lowered from 2,000 square metres to 1,000
square metres. More information on the CBD Program can be found here,
and information on how building owners can improve the energy
efficiency of their building in preparation for a Building Energy
Efficiency Certificate can be found
here.
RICS Property Measurement 2nd Edition
The update to this RICS Property Measurement 2nd Edition
incorporates International Property
Measurement Standards (IPMS), a globally
agreed set of rules on property measurement.
Take part in the consultation from 01 May to 31 July 2017.
Announcements, Draft Policies and Plans released 2017
OSRconnect changes from 1 July
From 1 July 2017, additional information will be required when
transferring real property in Queensland (either freehold or
leasehold). This information will help to establish a national
register of foreign ownership of land titles. The register will be
administered by the ATO, but the Office of State Revenue
(OSR) will collect the information for the ATO
through the transfer duty assessing process. This information will
be collected in two stages, with the first stage starting on 1 July
2017. The OSR is collaborating with industry partners on the second
stage of information requirements, planned for 1 October 2017.
Commonwealth reporting requirements
Have your say on Sydney Metro Martin Place Station
Precinct
Macquarie Group's concept proposal for an integrated Sydney
Metro Martin Place station development is on exhibition for
community feedback. Macquarie Group's concept proposal will be
on exhibition until 30 June 2017. More...
Exemption from Mutual Recognition Laws for Container
Deposit Scheme
The NSW Environment Protection Authority is seeking an exemption
from the Commonwealth mutual recognition laws for the NSW Container
Deposit Scheme. The NSW CDS laws may be inconsistent with the
Commonwealth mutual recognition laws.
More...
New BASIX energy targets
On 1 July, new Building Sustainability Index
(BASIX) energy targets will come into effect, as
part of the government's initiative to reduce energy use and
greenhouse gas emissions. For more detailed information, view the
frequently asked questions. To find out more about BASIX or
apply for a BASIX certificate, visit the BASIX
website.
Supreme Court of Victoria Decision
This Supreme Court case -
RSSB Australia Pty Ltd v Ross [2017] VSC 314 (8 June
2017) - was about whether a proposed development on land at
Carrum Downs was a place of worship under the Frankston Planning
Scheme (15 June 2017).
Cases – Victoria
Secretary to the Department of Economic Development, Jobs,
Transport and Resources v Avid Property Group Nominees Pty Ltd
[2017] VSCA 136
VALUATION AND COMPULSORY ACQUISITION — Appeal —
Application for leave to appeal from decision of trial judge on
appeal on questions of law from Victorian Civil and Administrative
Tribunal — Compensation for compulsory acquisition of land
— Partial acquisition — Claim for loss of market value
— Whether claim was in substance a claim for injurious
affection — Whether 'before and after' assessment of
market value made in accordance with s 41(3) of Land
Acquisition and Compensation Act 1986 — Chief Executive,
Department of Transport and Main Roads v Cidneo Pty Ltd (2015)
207 LGERA 448 distinguished — Whether events subsequent to
date of acquisition relevant to assessment of market value under s
41(3) — Housing Commission of New South Wales v
Falconer [1981] 1 NSWLR 547 considered; Brisbane City
Council v Mio Art Pty Ltd [2011] QCA 234; [2012] 2 Qd R 1
approved — Whether cap on solatium in s 44 assessed under s
41(3) or s 41(1)(a) of the Land Acquisition and Compensation
Act 1986 — Application for leave to appeal
allowed— Appeal dismissed.
Point Cook Community Entertainment Facility Pty Ltd v Geelong
Football Club Ltd [2017] VSC 313
LANDLORD AND TENANT – Construction of market rent review
provisions – Nature and purpose of market rent review
provisions – Applicable principles of construction –
Relationship between different provisions of a lease (including
market rent review provisions and percentage rent review
provisions) – Australian Broadcasting Commission v
Australian Performing Right Association Ltd [1973] HCA 36;
(1973) 129 CLR 99 – Electricity Generation Corporation v
Woodside Energy Ltd [2014] HCA 7; (2014) 251 CLR 640 –
Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd
(2015) 256 CLR 104 – Growthpoint Properties Australia Ltd
v Australian Pacific Airports (Melbourne) Pty Ltd [2014] VSC
556 – Ecosse Property Holdings Pty Ltd v Gee Dee Nominees
Pty Ltd [2017] HCA 12; (2017) 91 ALJR 486.
RSSB Australia Pty Ltd v Ross [2017] VSC
314
PLANNING & ENVIRONMENT — Application for leave to appeal
and appeal from the Victorian Civil and Administrative Tribunal
under Victorian Civil and Administrative Tribunal Act 1998
s 148 — Permit application — Whether the proposed
development was a 'place of worship' under the Frankston
Planning Scheme — Leave to appeal granted – Appeal
allowed.
Gurner 57 Johnston Street Developments Pty Ltd v Yarra City
Council [2017] VSC 290
PLANNING & ENVIRONMENT – Application for leave to appeal
and appeal from the Victorian Civil and Administrative Tribunal
– Whether Tribunal's decision not to conduct a further
hearing and hear evidence from permit applicant's expert
witness constituted a denial of procedural fairness – Appeal
allowed – Tribunal's Order set aside and proceeding
remitted to the Tribunal differently constituted –
Victorian Civil and Administrative Tribunal Act 1998, ss
98, 102, 148.
Uren v Uren [2017] VSC 265
CONTRACT – Partnership – Remuneration of partner
– Interest on capital – Actual terms – Implied
terms – Limitation of Actions Act 1958 –
Taking of accounts – Agreed period for accounting. Prior to
its sale, the brothers were the registered proprietors, as tenants
in common in equal shares, of farming land at Walkerville,
Victoria.
Cases – New South Wales
Szeto v Situ [2017] NSWCA 136
EQUITY – residential property purchased in name of respondent
using loan moneys acquired on the application of appellant and
respondent siblings – appellant alleged oral agreement that
property would be held beneficially in equal shares –
entitlement asserted on the basis of an unconscionable denial of
interest under Muschinski v Dodds (1986) 160 CLR 583
and/or on the basis of a resulting trust under Calverley v
Green (1984) 155 CLR 242 – absence of direct,
corroborative evidence – whether primary judge erred in
declaring that the appellant had no right, title or interest in the
property – whether primary judge erred in preferring the
evidence of the respondent and his wife over that of the appellant
– whether primary judge erred in giving significance to
differences in the interest failing to have regard to documentary
evidence that appellant contributed to purchase price –
whether primary judge should have accepted that a letter prepared
by respondent's solicitor constituted an "admission"
of appellant's interest.
Issa v Osman (No.2) [2017] NSWSC 663
CONTRACTS – contract for sale of land containing option to
purchase Property – option never exercised by defendants
– whether valid termination by plaintiffs possible where
second defendant remained in possession of Property – whether
possession barrier to plaintiffs being ready, willing and able to
complete – no barrier – termination effective.
CONTRACTS – whether implied term that purchase subject to
purchaser obtaining finance – implied term inconsistent with
express terms of contract – implied term not so obvious that
it goes without saying – no implied term. PRACTICE AND
PROCEDURE – whether second defendant represented by
particular solicitor – second defendant denied retainer of
solicitor for the conveyance. ESTOPPEL – whether plaintiffs
estopped from issuing Notices to Complete to first defendant
– first defendant claimed plaintiffs made representation that
he would be granted extensions of time –– no such
representation – specific contractual provisions contrary to
asserted representation – unilateral assumption by first
defendant. EQUITY – whether "common intention" or
joint endeavour constructive trust arose from renovations made by
second defendant to Property – renovations completed with
intention that second defendant would purchase Property –
Property never purchased – no common intention or joint
endeavour – not unconscionable for plaintiffs to retain
benefit of renovations – no evidence to determine value of
renovations – no constructive trust.
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.
