In the media
Commonwealth
Non-bank lenders tighten the reins for office, retail
and high-density living
Traditional banks may have eased some lending
requirements, but the hurdles remain high, causing developers to
seek cash from other non-bank sources (24 October 2020).
More...
China cracks down on developer debt
Chinese regulators are seeking more transparency from
property developers, calling for more details about current debts,
in order to rein in borrowing costs and quell broader financial
impacts (22 October 2020).
More...
'One-size-fits-all' housing stimulus too
small
The "one-size-fits-all" housing industry
stimulus is helpful, but more needs to be done to have major impact
on the economic recovery, new research shows (21 October 2020).
More...
ALE takes rent dispute to court
Australia's biggest pub landlord, ALE Property Group,
has gone to court to dispute rent reviews for a group of Victorian
properties after the assessments left rent substantially unchanged
(19 October 2020).
More...
Build slower cities or keep careering towards
disaster
The 20th century was focused largely on burning the past
to expand the present, but we were really burning our future. We
can change - and developing walking cities would be a good start
(16 October 2020).
More...
Forty per cent of renters can't afford essentials as
a result of COVID-19: Report
New research surveyed 15,000 public and private renting
households across all Australian states and territories during July
and August 2020 (16 October 2020).
More...
Mortgage repayment resumption promising sign for
property market
The Real Estate Institute of Australia has welcomed the
announcement by the Australian Banking Association that repayments
have resumed on almost half of deferred loans for mortgages and
small businesses.
is a promising sign for agents, and players in the property market
and the economy as a whole (15 October 2020).
More...
Stimulus supports property industry confidence
lift
Property industry confidence is gradually picking up,
albeit very cautiously, according to the ANZ/Property Council
Survey for the December 2020 quarter. Stimulus measures such as the
HomeBuilder grant as well as support from state and territory
governments for new and first home buyers are driving up sentiment
for the residential construction sector (15 October 2020).
More...
Net zero energy demand homes offer cost savings for
buyers
On behalf of the Australian Government, the Australian
Renewable Energy Agency has announced $708,910 in funding to
Frasers Property Australia to build new energy efficient homes to
demonstrate the feasibility of achieving zero energy demand homes
at scale (15 October 2020).
More...
New home sales remain elevated
The full impact of HomeBuilder is now evident in the
HIA's New Home Sales Report with sales now 11.8 per cent higher
in the seven months since restrictions came into effectthan at the
same time last year," commented HIA Chief Economist (14
October 2020).
More...
Victoria
COVID dining plans emerge for Melbourne summer
Bars, wineries, restaurants and cafes will no longer need
permit approval to use public land to accommodate patrons as
Melbourne's hospitality industry gets ready to re-open (21
October 2020).
More...
Planning exemptions smooth the way for outdoor
dining
The Victorian Government is ensuring Melbourne's
hospitality sector can make a smooth transition to outdoor dining
by streamlining planning approvals (21 October 2020).
More...
New estate agent education requirements
The Victorian Government has increased the training
requirements for new estate agents, and agents'
representatives, to ensure the industry continues to deliver high
quality services (21 October 2020).
More...
Build to rent vital to prevent apartment price
bubble
Growing the Build to Rent sector could play a critical
role in rescuing Victoria's falling apartment market.
The Property Council of Australia is urging the Victorian
Government to bring forward initiatives to support Build to Rent as
part of a recovery package for Victoria's property sector (19
October 2020).
More...
Tenants cut generous deals as pandemic bites
leasing
The leasing pendulum is swinging firmly in favour of
tenants as landlords cut generous deals to fill pandemic-hit
properties in Melbourne's suburban shopping strips (17 October
2020).
More...
NSW
Environmental conservation the focus of $70 million
housing approval in Appin
Crucial koala habitat in Sydney's south west has been
preserved as part of a rezoning approval for a $70 million housing
estate in Appin. Minister for Planning and Public Spaces Rob Stokes
said approximately two-thirds of the site, equating to 39 hectares,
had been set aside for environmental conservation (13 October
2020).
More...
In practice and courts
Victorian eviction moratorium extended until 28 March
2021
Residential tenants and landlords who struggle to reach
agreement over rent reductions have access to the dispute
resolution service run by Consumer Affairs Victoria for residential
tenancies. The Victorian Small Business Commission offers a similar
service for commercial tenancies. Residential and commercial
tenants and landlords can also take advantage of more support,
including further land tax reductions and more grant funding. For
more information see our
Renting rules and support during the moratorium page.
New Environment Protection Act postponed to July
2021
The legislation has been postponed and is intended to
commence on 1 July 2021. On that basis, EPA will continue to
regulate under the Environment Protection Act 1970, including all
existing subordinate legislation (Regulations and statutory
policies including state environment protection policies and waste
management policies) until the new commencement date.
More...
Announcements, Draft Policies and Plans released 2020
NSW
Registrar general: Updates to Conveyancing Rules during
the COVID-19 pandemic
The option to sign dealings and plans electronically has
now been extended to March 2021, to assist customers during the
pandemic (07 October 2020).
More...
NSW revenue: HomeBuilder program
HomeBuilder will provide eligible owner-occupiers
(including first home buyers) with a grant of $25,000 to build a
new home or substantially renovate an existing home where the
contract is signed between 4 June 2020 and 31 December 2020.
Construction must commence within three months of the contract
date.
More...
Queensland
Landowner says 'people's life savings will be
wiped away' if saleyards expand
A plan to expand Emerald's saleyards has residents
worrying about property prices, dust and odour (21 October 2020).
More...
Sunland Group flags site sales, company scale back
Queensland-based developer Sunland has announced plans it
could wind down its business operations over the next three or more
years, as it sells off assets to pay off debts and improve value to
its shareholders (21 October 2020).
More...
REIQ: What the budget means for Queensland
property
On Tuesday, 6th October, Treasurer Josh Frydenberg
delivered the highly anticipated mid-pandemic federal budget for
the 2020-2021 financial year. To be expected, some aspects were
praised, while others were criticised. Here's how it stands to
affect the property market in Queensland (21 October 2020).
More...
Council looks to sell off properties two years after
buying them
The two lots, resumed in 2018 for a road upgrade in Upper
Mount Gravatt, were surplus to requirements once the project was
complete (19 October 2020).
More...
Labor and LNP commit to spend millions on road already
funded by developer
The State Government commits $35 million to help pay for a
major road, despite it already being funded by a property developer
as part of a multi-billion-dollar private project (16 October
2020).
More...
KTQ plans $380m Kirra Beach hotel towers
The old Kirra Beach Hotel will make way for two apartment
towers and a boutique hotel as part of $380 million redevelopment
plans for the site at the southern end of the Gold Coast (16
October 2020).
More...
Dexus appoints new leader to Queensland operations
Dexus is planning a $2.1 billion riverfront redevelopment
along Eagle Street, currently under assessment by Brisbane City
Council (16 October 2020).
More...
Revitalising the CBD is crucial to economic
recovery
The latest results from the ANZ/Property Council Survey
show that while confidence has begun to return to Queensland's
economy, a lack of activity in city centres is of increasing
concern for the property industry (15 October 2020).
More...
Funds dry up for flood levee protecting 1,500 properties
that's been on the table for years
Thought to have its funding secured in 2018, the South
Rockhampton Flood Levee — designed to protect 1,500
properties — could be stalled by redirecting its funds (14
October 2020).
More...
High-rise neighbours blast decision on $2 billion
riverside development
A report commissioned by neighbours of a Dexus development
on the Brisbane riverfront argues the development needs to be
reassessed by the council (13 October 2020).
More...
In practice and courts
Commonwealth
ATO Notification
21/10/2020
Report a breach of the foreign investment real estate
rules
Use our online tip-off form or phone us to confidentially report
suspected breaches of Australia's foreign investment rules for
residential real estate. If you self-disclose a breach, you may
receive a lower penalty.
Current Inquiries and Consultations
Protecting Critical Infrastructure and Systems of National
Significance
Review of the Lands Acquisition Act 1989 (Cth)
Announcements, Draft Policies and Plans released 2020
Modernised body corporate regulations to start in March
2021
The Queensland Government has finalised a modernised set
of corporate regulations to take effect from 1 March 2021.
More...
Community titles changes for COVID-19 period
More measures have been introduced to support the
community titles sector in Queensland.
More...
OSR Online replaces OSRconnect
OSR Online is the new home for lodging and paying transfer
duty. It replaces OSRconnect for duties lodgements in Queensland.
Every individual must set up an account and change to OSR Online
before 30 November. More information about OSR online
is
here.
Set up an account to start using OSR Online. Existing
OSRconnect users can
convert their current user access to OSR Online.
REIQ Journal – 21 October
Commercial Agents' Obligations Revisited. More...
Land Title Practice Manual updates: 16 October
2020
The Land Title Practice Manual (Qld) has been updated, effective
from 16 October 2020.
Statutory Charges under the Building Industry Fairness
(Security of Payment) Act 2017
Part 14 of the Land Title Practice Manual (the manual) has
been updated to reflect amendments to the Building Industry
Fairness (Security of Payment) Act 2017 (the BIF Act) that
commenced on 1 October 2020
Other amendments
Important changes have been made to a number of other
parts. The Land Title Practice Manual web page contains a link
to a tracked changes version which outlines the changes to the
relevant parts. Details of the changes are available from
the
Land Title Practice Manual Page.
Build-to-Rent update
The Queensland Government has announced the preferred
proponents of its
Build-to-Rent Pilot Project that was announced as part of
the 2018 Mid Year Fiscal and Economic Review. Frasers Property and
Mirvac are the successful proponents who are required to deliver a
component of government subsidised affordable housing dwellings
(October 2020).
More...
Safer Buildings program enters final stage
The QBCC is administering the three-part Safer Buildings
program to understand the extent of combustible cladding use in
Queensland's private buildings. The Safer Buildings program has
advanced considerably with Part 3 of the combustible cladding
checklist now underway. The deadline for building owners to
finalise the Part 3 assessment is 3 May 2021. For more information
visit www.saferbuildings.qld.gov.au.
Moreton Bay Regional Economic Development Strategy
Moreton Bay Regional Council has developed a Regional
Economic Development Strategy that is now open for community
consultation. The strategy provides a 20-year economic vision for
Moreton Bay, and a blueprint for sustainable economic growth into
the future. Review and consolidate strategy now due late 2020.
To view the draft strategy please click
here.
Reminder: Planning legislation amendment
The additional time provided through the extension notice
applies to development approvals in effect on 8 July 2020 or which
come into effect between 8 July 2020 and 31 October 2020. For
example, a development approval that would have ordinarily lapsed
on 1 August 2020 now won't lapse until 1 February 2021.
More...
Queensland Planning legislation
Urgent amendments to the Planning legislation are in
effect to address concerns raised by a range of stakeholders,
including local government and industry, in response to the
COVID-19. The Minister for Planning has extended the COVID-19
emergency applicable event to 31 October 2020.
More...
Business Queensland reminder: Negotiating commercial
rent relief during COVID-19
The
Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency
Response) Regulation 2020 (the Regulation) came into
effect on 28 May 2020. The Regulation implements
the
National Cabinet mandatory code of conduct - SME commercial leasing
principles during COVID-19 (the Code) in Queensland.
The regulation has effect from 29 March to 30 September 2020 (the
COVID-19 emergency response period). During this period, if a
tenant with an
affected lease fails to pay rent or outgoings, or is
unable to open, the landlord cannot start court or tribunal
proceedings (known as a
prescribed action).
Consultations
Beerburrum to Nambour Rail Upgrade - park 'n'
ride
Have your say on the Beerburrum to Nambour Rail Upgrade
park 'n' ride facilities. Closes 20 November 2020.
More...
Commercial Leasing Guideline extended
An extension to the mandatory leasing provisions
introduced to give effect to the National Commercial Code of
Conduct, has now been enacted through the
Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency
Response) Amendment Regulation 2020. The amendments introduce
an 'extension period' and separate the requirements between
the response period (29 March 2020 to 30 September 2020) and the
extension period (1 October 2020 to 31 December 2020).
Note: You can access the Amendment Regulation
here. The
Queensland Small Business Commissioner will continue to
assist with resolution and mediation of COVID-19 affected small
businesses leases.
PCA: Land Tax Relief extended
As part of its
'mini-budget' the Queensland Government has
announced a
25 per cent land tax rebate is available for eligible
properties for the 2020-21 assessment year. The due dates for
applications for the land tax rebate are: 2019-20, applications
close on 31 October 2020 and 2020-21, applications close on 26
February 2021.
The rebate is only available if you owned an eligible property at
midnight on 30 June 2019 and/or 30 June 2020, and were liable for
land tax in relation to the property (2020). More...
Published – articles, papers, reports
Renting in the time of COVID-19: Understanding the
impacts
Emma Baker et al; AHURI: 15 October 2020
This research surveyed and analysed the circumstances for
Australian renters during the initial phase of the COVID-19
lockdowns in July and August 2020 to identify challenges for the
rental sector and to give insights into how the rental market is
performing, the uptake of existing support measures and the demand
for future assistance. More...
Cases
LPG Laverton Property No 5 Pty Ltd v Australian Vinyls
Corporation Pty Ltd & Anor [2020]
VSC 689
PLANNING AND ENVIRONMENT – clean up notices –
whether jurisdiction of the Victorian Civil and Administrative
Tribunal ousted by requirements in clean up notice – ouster
of planning and building controls – Meaning of 'specified
in the notice' – construction of ss 62A(1) and (1B) of
Environment Protection Act 1970 (Vic) – construction of clean
up notice – Environment Protection Act 1970 (Vic) ss 1A, 1B,
1D, 1K, 4, 53V, 53X, 62A – Environment Protection (General
Amendment) Act 1989 (Vic) ss 4(c), 59 – Wyndham Planning
Scheme cls 33.02–4, 33.03–4.
Senior v Berlyn (Building and
Property) [2020] VCAT
1183
CO-OWNERSHIP-PROPERTY LAW ACT 1958 – property
registered in names of the parties as tenants in common in equal
undivided shares – property comprises retail premises,
managed solely by the respondent over lengthy period of time
– net proceeds from the sale of the property held in trust
– no evidence so as to make it reasonably arguable, as
justified a hearing, that the parties held their respective
interests on any other basis than beneficially as tenants in common
in equal undivided shares
SECTION 228(2)(a) PROPERTY LAW ACT 1958 – whether just and
fair that there should be a partial distribution between the
parties in equal shares of a portion of the net proceeds of sale,
or whether there should be only a final distribution following the
winding up of the unincorporated business in the names of the
parties, through which the parties entered into transactions
concerning the property and previously held properties, and by
which the parties made tax returns in respect of them – held
just and fair that there should be an interim distribution
Also ordered just and fair that remaining monies, following the
partial distribution, be held in trust pending a determination of
the liability of the parties to third parties (if any), a
determination whether there have been any unequal distributions
between the parties the possibility of which is left open by the
applicant, and any compensation payable to the respondent for
payments allegedly made by him to fund the parties' joint
operating account
COSTS OF ENQUIRY – costs of an enquiry where an applicant as
co-owner of investment property apprehends a distribution of net
receipts not in proportion to its entitlement, but makes no
positive allegation in the proceeding of this having occurred
– ordered that the costs of such enquiry should be paid in
the first instance from the balance of the fund following the
partial distribution, but that if no unequal distributions found,
or if any such distributions held to be de minimis, the respondent
to be reimbursed in respect of such costs by the fund, or otherwise
by the applicant.
Leahy v Javni [2020] VSC
680
CONTRACT LAW – Sale of Land formation – offer
and acceptance – conditional offer – whether defendant
made conditional offer – whether offer withdrawn –
Electronic Transactions (Victoria Act) 2000, s 13A
CONTRACT LAW – formation – offer and acceptance –
method of acceptance – time of acceptance – when is
acceptance conveyed to other party
LEGAL PRACTITIONERS – scope of authority – actual or
ostensible – whether authority to receive notice of
acceptance of offer
SALE OF LAND – cooling off provisions – Vendor's
right to retain percentage of deposit – whether rights exist
when deposit not paid – Sale of Land Act 1962 s 31(4).
Verraty Pty Ltd v Richmond Football Club
Ltd [2020] VSCA
267
LEASE – premises satisfied definition of 'retail
premises' in Retail Leases Act 2003 at commencement of lease
but ceased to do so during term of lease – whether lease
ceased to be a 'retail premises lease' subject to Act upon
premises ceasing to satisfy definition of 'retail premises'
– appeal dismissed
LEASE – effect of voiding provisions in Retail Leases Act
2003.
Cobram & District Pony Club Inc v Muckatah
Recreation Reserve Committee of Management (Building and
Property) [2020] VCAT
1141
LICENCES – Crown Land (Reserves) Act 1978 (Vic)
– interpretation of licence – definitions of
improvements, buildings and structures - ownership of structures,
buildings and improvements on licensed land – trade fixtures
– chattels.
The
Chief Executive, Office of Fair Trading, Department of Justice and
Attorney-General v Smith [2020] QCAT
389
PROFESSIONS AND TRADES – AUCTIONEERS AND AGENTS
– STATUTORY OR OTHER FIDELITY OR COMPENSATION FUND –
where payments from claim fund made to clients of real estate agent
– whether agent liable to reimburse Agents Financial
Administration Act 2014 Qld s 119
Glamston
Pty Ltd v 11 Ludlow Pty Ltd & Anor
[2020] QPEC 54
PLANNING AND ENVIRONMENT – APPLICATION –
whether there is jurisdiction to grant the declaratory relief
sought – code assessable development – originating
application seeking declaration that a prospective change to a
development application is not a minor change
Planning Act 2016 Qld; Planning and Environment Court Act 2016 Qld;
Uniform Civil Procedure Rules 1999 Qld.
Realm
Business Technology Pty Ltd as Tte v Redland City
Council [2020] QLC
35
REAL PROPERTY – RATES AND CHARGES – RATING OF
LAND – REVIEW OF DECISIONS – APPEALS – QUEENSLAND
– where the appellant company owned a house and land on
Russell Island – where the house was the principal place of
residence of the company's two directors – where the
respondent council levied differential rates for residential land
on Russell Island – where the council rated the land as
category 2a, which was for land on which there was a residential
structure that was not the registered owner's principal place
of residence – where the appellant contended that the land
should have been rated as category 1a, which was for land on which
there was a residential structure that was the registered
owner's principal place of residence – whether the land
could be rated as category 1a given that the registered owner of
the land was a company – where the appeal was dismissed.Land
Court Act 2000 Qld s 27A.
Cases to 19 October 2020
Stainley
v Harris & Anor [2020] QCAT
382
REAL PROPERTY – BOUNDARIES OF LAND AND FENCING
– FENCES AND FENCING – ADJOINING LAND – where
applicant applied for an interim order for removal of timber
screens attached to fence between the applicant's and
respondents' land given the respondents' proposed sale of
their land - whether appropriate in the interests of justice to
make the order. Neighbourhood Disputes (Dividing Fences and Trees)
Act 2011 Qld s 27; Queensland Civil and Administrative Tribunal Act
2009 Qld s 58.
Aurisch
v Fong & Anor [2020] QCAT
380
REAL PROPERTY – BOUNDARIES OF LAND AND FENCING
– FENCES AND FENCING – ADJOINING LAND – where
fencing works urgent – where only three days' notice to
fence given
Building Act 1975 Qld s 245XD, s 245XH, s 245XK, s 245XM, s
245XQ
Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 Qld s
9, s 12, s 20, s 28, s 31, s 32, s 35.
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.