In the media
Not dead, but different: How big office towers will look
post-COVID-19 crisis
Offices traditionally used to comprise 80 per cent work
stations and 20 per cent meeting and conference spaces, but the
COVID-19 crisis has flipped those conventional metrics on their
head, according to a new report (06 November 2020).
More...
RBA improves housing affordability if banks pass on
cut
The RBA's decision to cut the official interest rate
to a historical low of 0.10 per cent will improve housing
affordability provided banks pass on the cut, according to the
REIA. If the full 0.15 percentage point decrease was passed on to
mortgage rates, housing affordability would improve by 1.7 per cent
(03 November 2020).
More...
Economic recovery will be 'unpredictable and
uneven' RBA warns as it models 50 per cent property price
fall
More Australians could go into "negative
equity", where the value of their property falls below the
outstanding balance on their mortgage, if the pandemic-led
recession leads to a big fall in house prices, according to the
Reserve Bank of Australia (RBA) (27 October 2020).
More...
Jump in Australians returning to CBD offices
All CBD markets except Melbourne saw increases in office
occupancy during October with Perth, Canberra and Brisbane
recording the largest increases compared to the previous month, as
well as an encouraging increase in Sydney (05 November 2020).
More...
September housing finance reflects improving housing
sentiment
The September 2020 Lending to Households and Business
figures released by the Australian Bureau of Statistics show that
the value of new loan commitments for housing grew for the fourth
second consecutive month, according to the Real Estate Institute of
Australia (02 November 2020).
More...
Dwelling approvals rise in September
The number of dwellings approved rose 15.4 per cent in
September, in seasonally adjusted terms, according to data released
by the ABS. The rise was driven by private sector dwellings
excluding houses, which increased 23.4 per cent. Private sector
houses rose for the third consecutive month, increasing by 9.7 per
cent in September (02 November 2020).
More...
Bushfire Royal Commission – Planners say we must
do more than fight fires
PIA takes heart from the Royal Commission's
recommendation (19.3) that all governments must "...consider
future disaster risk when making land-use planning decisions for
new developments". PIA acknowledges similar recommendations
from several State Inquiries (October 2020).
More...
NAB collaborates with industry to explore transition to
low-carbon eco
The role of corporates and financial institutions will be
instrumental in planning for and supporting economies and
communities as Australia transitions from high emissions
electricity generation to a low carbon world, according to a new
report released (29 October 2020).
More...
Rents record first annual fall
The September 2020 quarter CPI figures show the impact
that the COVID pandemic is having on the rental market, according
to the Real Estate Institute of Australia (28 October 2020).
More...
Climate of the nation: Climate change concern hits 82
per cent
In the wake of the devastating Black Summer bushfires, an
overwhelming majority of Australians (82 per cent) say they are
concerned about climate change resulting in more bushfires,
according to a new benchmark report released by the Australia
Institute's Climate & Energy Program (27 October 2020).
More...
Victoria
Surf park plans for Pellicano's Melbourne
waterpark
A new surf park could be on the horizon as part of $100
million water park plans lodged with City of Kingston in
Melbourne's south-east (06 November 2020).
More...
Victoria to build southern hemisphere's biggest
battery
One of the world's largest lithium-ion batteries will
be built in Victoria to boost reliability, drive down electricity
prices and support the state's transition to renewable energy
(05 October 2020).
More...
Amazon doubles down with new Melbourne fulfilment
centre
Amazon has announced plans for a new 37,000sq m fulfilment
centre, committing to a Dexus-managed industrial estate in the
western suburbs of Melbourne (30 October 2020).
More...
The COVID-normal city: Will we ever return to our CBD
offices?
Not so long ago working from home was a novelty. It felt
like wagging school. Now it has the potential to reshape Melbourne,
our homes, and our working lives forever (28 October 2020).
More...
Push for a Parliamentary investigation into
Victoria's 'lost' heritage homes and building
A state MP wants an inquiry to look at the
"lost" heritage homes and buildings of Melbourne.
Sustainable Australia Party MLC Clifford Hayes is pushing for a
Parliamentary investigation amid concern that Victorian heritage
laws are too weak (28 October 2020). More...
Salvation Army to deliver a community hub in Central
Dandenong
The Salvation Army's $13.5 million community hub
development in central Dandenong has been given the green light by
the State Government (28 October 2020).
More...
Ensuring Victoria's e-waste doesn't end up in
landfill
The Victorian Government will invest $1.7 million to
improve the recovery and collection of e-waste across the state.
Round two of our e-waste infrastructure grants is ensuring valuable
resources from these discarded electronic goods don't go to
waste (27 October 2020).
More...
NSW
New mandatory standards for building certification
The NSW Government has released a comprehensive practice
standard that outlines how building certifiers must undertake their
role to ensure compliance with the law (02 November 2020).
More...
REINSW: Should owners corporations recover levies during
the COVID-19 pandemic?
The COVID-19 pandemic has brought with it much financial
and economic turmoil. Despite efforts such as the JobKeeper scheme,
there is a lot of uncertainty in this economic climate. Regardless,
it is important that an owners corporation continue to recover
outstanding levies (02 November 2020).
More...
Queensland
Stockland kicks off $126m Sunshine Coast project
Residential developer Stockland has kickstarted
construction on a $126 million greenfield project on the Sunshine
Coast as south-east Queensland land supply starts to dry up (06
November 2020).
More...
From the CEO: Queensland's property market remains
steadfast post-election
Corelogic's latest Hedonic Home Value Index data for
September 2020, Brisbane's property market saw another moderate
monthly price rise of 0.5 per cent, bringing the capital city's
annual median to 3.5 per cent. Regionally, property markets have
continued to maintain moderately healthier annual growth, the
latest annual median 4.6 per cent for September 2020 (04 November
2020).
More...
What does the RBA cash rate cut mean for the Queensland
property market?
Supporting Queensland's progressive property market,
the new package announcement will make it easier for individuals to
access home finance. The RBA announcement complements the
initiatives from the Federal Budget. Particularly benefitting
homeowners and buyers who were previously relying on pandemic
financial support (04 November 2020). More...
Brisbane real estate gets a spring in its step as asking
prices on the increase
The annual Spring surge in real estate was delayed, not
cancelled, according to a report from SQM Research (03 November
2020).
More...
PCA: Queensland election result
Along with tax reform, the Property Council will seek to
engage with the Government on critical policy issues including
growing the Build-to-Rent housing sector, investing in catalyst
infrastructure, revitalising CBDs, investing in social and
affordable housing, and enhancing business efficiency through the
removal of red and green tape (01 November 2020).
More...
In practice and courts
Victoria
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.
More...
NSW
NSW Revenue: Stamp duty changes for first home
buyers
The threshold above which transfer (stamp) duty is charged
on new homes for first home buyers will increase from the current
$650,000 to $800,000, with the concession reducing on higher values
before phasing out at $1 million. The new transfer (stamp) duty
threshold will be in place for 12 months and will apply to
contracts executed from 1 August 2020 to 31 July 2021. More...
NSW Fair Trading: Deadline for trust account audits
extended to 31 December 2020
This is an important reminder that each year, real estate
agents are required to audit their trust accounts. As of July last
year, all audit results must now be lodged with NSW Fair Trading.
Audits for the year ending 30 June 2020 need to be lodged with Fair
Trading by 31 December 2020. This is an extension of the normal
deadline of 30 September.
More...
Queensland
Announcements, Draft Policies and Plans released 2020
PCA: Further easing of restrictions & extension to
the COVID-19 applicable event period
The State Government plan eases COVID-19 restrictions
during October, November and December as well as extending the
COVID-19 applicable event period under the planning framework. The
decision extends the application of current declared uses and
approved temporary use licences until 31 January 2021 and allows
businesses to apply for temporary use licenses to be issued until
31 January 2021. For more information on the extension notice,
please click
here. For more information on Queensland's Roadmap to
easing restrictions, please click
here.
Support for the Gold Coast's building and
construction sectors
The City of the Gold Coast has announced a range of
incentives to support the property industry. The measures are
intended to stimulate and accelerate building and construction
work, especially for smaller scale projects. The measures are
outlined here. The measures will be available from 1 October 2020,
with the exception of the Express Development Application process
which will be available from the 27 October 2020. Click here to
find out more about the Council's
stimulus measures and
Express DA service.
DES Prosecution bulletins
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions.
More...
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...
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.
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.
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...
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. More...
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.
More...
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...
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...
Published – articles, papers, reports
REIA News – 30 October 2020
In this issue: Budget 2020 and what it means for the
property market; Mortgage repayments have resumed; National Cabinet
commits to reopening by Christmas, without WA. More...
Demand-side assistance in Australia's rental housing
market: Exploring reform options
Rachel Ong, Australian Housing and Urban Research
Institute: 29 October 2020.
This research examines possible cost-effective reforms of
Commonwealth Rent Assistance that could improve housing outcomes
for low-income renters. More...
Royal Commission into National Natural Disaster
Arrangements: Report
Royal Commission into National Natural Disaster
Arrangements: 30 October 2020.
This report focuses on broader questions of national arrangements
and responsibilities, in relation to all phases of natural
disasters – before, during and after. This inquiry required
the Commission to consider whether these existing arrangements are
as effective as they can be in a future. More...
Cases
Maddren
v Gateway Lifestyle [2020] QCAT
411
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL
– whether applicant was party to earlier proceedings –
whether application is misconceived or otherwise an abuse of
process
Queensland Civil and Administrative Tribunal Act 2009 Qld s
47
Manufactured Homes (Residential Parks) Act 2003 Qld Part 15.
Combined
Property Holdings Pty Ltd v Galea & Ors
[2020] QSC 338
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – SECURITY FOR COSTS – FACTORS RELEVANT TO
EXERCISE OF DISCRETION – PLAINTIFF'S OR APPLICANT'S
IMPECUNIOSITY – CAUSE OF PLAINTIFF'S OR APPLICANT'S
IMPECUNIOSITY – where the impecunious corporate plaintiff
claims the defendants caused it loss via their negligence or breach
of retainer – where the defendants apply for security for
their costs – where the plaintiff claims that the
defendants' wrongs were the cause of its impecuniosity –
where the plaintiff entered into a number of convoluted
transactions concerning the development of property – where
there is a lack of evidence as to the real financial position of
the plaintiff – whether and to what extent the defendants
should be granted security for their costs.
LIMITATION OF ACTIONS – GENERAL MATTERS – AMENDMENT OF
ORIGINATING PROCESSES AND PLEADINGS OUTSIDE LIMITATION PERIOD
– AMENDMENTS INTRODUCING NEW CAUSE OF ACTION OR
PARTICULARISING CAUSE OF ACTION – where the plaintiff claims
the defendants are liable for breach of contract and negligence
– where the plaintiff seeks to claim the defendants are
additionally liable for breach of contract and negligence because
they had knowledge of a risk and a duty to warn of a risk but did
not do so – where the plaintiff seeks to amend its
originating process to claim the defendants breached their
fiduciary duties – whether the amendments in relation to a
failure to warn of a risk of economic loss merely involve the
particularisation of an existing cause of action or introduce a new
cause of action – whether leave should be granted to allow
the pleading of the failure to warn of a risk of economic loss and
the breach of fiduciary duty causes of action. Uniform Civil
Procedure Rules 1999 Qld r 376, r 377, r 670, r 671, r 672.
The
Proprietors Cathedral Village BUP 106957 v Cathedral Place
Community Body Corporate [2020] QCA
240
REAL PROPERTY – STRATA AND RELATED TITLES –
MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND
LIABILITIES – where the applicant is the community body
corporate under a mixed-use scheme under the Mixed Use Development
Act 1993 (Qld) ("the Act") – where the respondent
represents the retail and commercial building within the scheme
– where for many years, the respondent has complained that
the applicant has levied some contributions on all of the
applicant's members which have been applied only in the
interests of the residential owners – where the applicant
commenced proceedings against the respondent for unpaid levies
– where the respondent claimed that, upon a proper accounting
of what should have been levied against them, they had overpaid the
applicant and that it should pay them – where the trial judge
concluded that s 174(4)(c) of the Act had the effect that it was
not open to the respondent to dispute, in the applicant's
action to recover the amount of this levy as a debt, whether the
contribution levied against the respondent had been correctly
determined – whether the trial judge erred in so
holding.
Mixed Use Development Act 1993 Qld s 174(4)(c), s 177(1)(h).
Cathedral
Place Community Body Corporate v The Proprietors Cathedral Village
BUP 106957 [2020] QCA
239
REAL PROPERTY – STRATA AND RELATED TITLES –
MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND
LIABILITIES – where the applicant is the community body
corporate under a mixed-use scheme under the Mixed Use Development
Act 1993 (Qld) ("the Act") – where the respondent
represents the retail and commercial building within the scheme
– where for many years, the respondent has complained that
the applicant has levied some contributions on all of the
applicant's members which have been applied only in the
interests of the residential owners – where the applicant
commenced proceedings against the respondent for unpaid levies
– where the respondent claimed that, upon a proper accounting
of what should have been levied against them, they had overpaid the
applicant and that it should pay them – whether, on a proper
construction of the Act, the applicant could require the respondent
to subsidise the provision of services and other benefits to the
other bodies corporate.
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS –
PROCEDURE – APPEAL – where the trial judge made a
declaration and injunctions to give effect to his conclusion on the
subsidisation question – whether the trial judge erred in
making the declaration and injunctions.
Mixed Use Development Act 1993 Qld s 174, s 176, s 177.
Metroll Roofing Pty Ltd v Tempest
[2020] QDC 273
GUARANTEE AND INDEMNITY – ASSIGNMENT – where
the plaintiff was assigned a judgment debt from Metroll Queensland
Pty Ltd who obtained default judgment against the defendant's
company MCT Roofing (Qld) Pty Ltd – where the defendant
entered into a credit application on behalf of his company with
Metroll Queensland Pty Ltd in 2006 - where the defendant entered
into a credit application on behalf of his company with the
plaintiff in 2013 – where the defendant provided a personal
guarantee and indemnity in the 2013 credit application but not in
the 2006 credit application - whether the guarantee given by the
defendant in 2013 in favour of the plaintiff answers a judgment
debt assigned to it by Metroll Queensland Pty Ltd.
REAL PROPERTY – TORRENS TITLE – CAVEATS AGAINST
DEALINGS – REMOVAL – PARTICULAR CASES – where the
plaintiff lodged a caveat over the defendant's interest in the
defendant's land – where the defendant seeks an order
that the caveat be removed – where the plaintiff's claim
has been dismissed – whether there is no basis for the caveat
upon dismissal of the plaintiff's claim.
Corporations Act 2001 Cth s 500; Land Title Act 1994 Qld s 127.
Squash Vision Pty Ltd v Il Mito Pty Ltd &
Ors [2020] QSC 328
LANDLORD AND TENANT – RENT – PROVISIONS AS TO
RENT IN AGREEMENT FOR LEASE OR LEASE – DETERMINATION OF
RENTAL – where a lease over retail premises prescribed the
annual rent for the first three years and provided that the rent
for the fourth and subsequent years would be 105 per cent of the
rent for the previous year – where another clause of the
lease prescribed lower amounts of rent for the first three years if
the tenant strictly performed and observed the covenants of the
lease – whether the rent for the fourth lease year is derived
by multiplying the higher or lower amount by 105 per cent.
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – PENALTIES AND
LIQUIDATED DAMAGES – GENERAL PRINCIPLES – where a lease
prescribed lower rent if the tenant strictly performed and observed
the covenants of the lease – where, if the tenant failed to
strictly perform and observe the covenants of the lease, rent would
become payable at the higher rate including any shortfall –
whether that provision of the lease amounted to an unenforceable
penalty.
LANDLORD AND TENANT – LEASES AND TENANCY AGREEMENTS –
CONSTRUCTION AND INTERPRETATION – PRIOR NEGOTIATIONS –
where a lease provided for the tenant to pay a proportion of the
outgoings relating to the premises – where the outgoings
charged to the applicant were calculated with reference to the
respondent's outgoings relating to Lots 1 and 2 on the land
– whether, under the terms of the lease, the outgoings should
have been calculated with reference to the outgoings relating to
Lot 2 only.
Cases to 02 November 2020
Department
of Justice and Attorney-General – Office of Fair Trading v
Noosa Resort Management Pty Ltd and Ors (No 2)
[2020] QCAT 403
PROFESSIONS AND TRADES – AUCTIONEERS AND AGENTS
– DISCIPLINARY PROCEEDINGS – where disciplinary ground
established that real estate agent contravened legislative
requirements – where disciplinary ground established that
real estate agent failed to ensure employee properly supervised
– whether agent should be reprimanded or fined. Property
Occupations Act 2014 Qld s 186.
11
Ludlow Pty Ltd v Brisbane City Council [2020]
QPEC 55
PLANNING AND ENVIRONMENT – APPEAL –
application for an order that proposed changes to the development
application are a minor change. Planning Act 2016 Qld; Planning and
Environment Court Act 2016 Qld.
Pimpama
Commercial Pty Ltd v Council of the City of Gold Coast
(No.3) [2020] QPEC
56
The appeal is allowed - The controversial condition3is as
follows :"From 12.00am (midnight) to 2.00am, the number of
patrons shall be limited to no more than 50."[5]Pursuant to s
65(1) of the Planning Act 2016.
Legislation
Commonwealth
Foreign Investment Reform (Protecting Australia's
National Security) Bill 2020
House of Representatives 28 October 2020 - The Bill
establishes a new Register of foreign owned assets to record all
foreign interests acquired in Australian land; water entitlements
and contractual water rights; and business acquisitions that
require foreign investment approval; and provides that fees are
payable for the new types of actions established under the
reforms.
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.