In the media
Commonwealth
Landlords steady for long-haul recovery
Commercial landlords are being pressed to "dig
deep" in the crawl to a long haul recovery, as heightened
leasing perks are forecast to hit a record 39 per cent by the end
of 2021, according to CBRE (17 June 2021).
More...
REIA calls for Australian Governments to urgently tackle
housing issues
Real Estate Institute of Australia is calling on the
Federal Government to urgently address issues surrounding home
ownership as supply continues to diminish (17 June 2021).
More...
HIA report hotspots for building activity
HIA revealed Australia's strongest markets for home
building in the 2021 edition of the HIA Population &
Residential Building Hotspots Report. The Report is aimed at
finding employment growth areas targeted towards builders and
tradies and identifies Hotspots in all states and territories (16
June 2021).
More...
Residential property developers shift to boutique,
low-density projects in the wake of COVID
Residential developers have shifted their focus to
lower-risk projects such as smaller apartment blocks, townhouses
and housing estates, while high-density developments continue to
fall out of favour, according to a new Knight Frank report (16 June
2021).
More...
Send stimulus to the rental sector: Report
A new report is recommending Australian governments
immediately switch housing stimulus away from market housing to the
social rental sector. It reveals that national household debt now
sits at almost 185 per cent of the national GDP — up from 70
per cent in 1990 (15 June 2021).
More...
Yes, in our backyards: How to give the kids a fair crack
at home ownership
Sydney and Melbourne are now the third and sixth least
affordable housing markets in the world, and other Australian
cities are seeing rapid price rises. Nevertheless, these
stratospheric price tags are remarkable — and are having
significant social effects (11 June 2021).
More...
House process increase at the highest quarterly rate in
a decade
The weighted average capital city median price for both
houses and other dwellings has increased at the highest rate in a
decade, the latest Real Estate Institute of Australia's data
(09 June 2021).
More...
High-rise projects redefining the education sector
Mixed-use vertical campuses with solid green credentials
are gaining popularity in the tertiary sector as a wave of new
developments strive to deliver "higher learning" (09 June
2021).
More...
Home loan commitments rise to another new high
New loan commitments for housing rose 3.7 per cent in
April 2021 (seasonally adjusted) to a record high of $31.0 billion
according to statistics released by the Australian Bureau of
Statistics.The Home Builder grant was reduced from $25k to $15k
effective from 1 January 2021 and was closed to new applications
from 14 April 2021 (04 June 2021).
More...
REA Insights: Energy Efficiency Housing Report
Australian property-hunters are increasingly valuing
energy efficient homes, with close to three quarters of recent
buyers saying an energy rating was important to them, according to
the
REA Insights Energy Efficiency Housing Report by REA Group (04
June 2021).
More...
Crunch time for Australia's apartment construction
is a wake up call for governments
The Property Council of Australia is calling for
coordinated state government efforts to reduce international
investor surcharges, stimulate apartment construction and improve
planning to avoid a looming apartment supply crunch across
Australia's largest housing markets (13 June 2021).
More...
CBD occupancy data reveals reactivation challenge
The Property Council has welcomed last week's message
from the Prime Minister to government and private sector employers
that it is "time to get back to the office," and the
National Cabinet's referral of current office physical
distancing guidance to the Australian Health Protection Principal
Committee for review (10 June 2021).
More...
Victoria
Melbourne officially build-to-rent
'epicentre'
Melbourne's build-to-rent pipeline is nearly double
Sydney's and quadruple Brisbane's but there are fears a new
state tax could derail the sector (17 June 2021).
More...
Council backs Marvel Stadium $400m build-to-rent
project
Build-to-rent developer Home has the green light for two
build-to-rent towers next to Marvel Stadium after gaining unanimous
support from the Future Melbourne Committee this week (17 June
2021).
More...
Queen Victoria Market apartment tower wins
approval
Plans for a 21-storey tower rising from the shell of a
heritage building in the Queen Victoria Markets Precinct have been
approved by the City of Melbourne Council (16 June 2021).
More...
More infrastructure projects to support regional
recovery
Communities across regional and rural Victoria will
benefit from more infrastructure projects as part of the Victorian
Government's investment to ensure our regions continue to
thrive. Minister for Regional Development Mary-Anne Thomas
announced local councils and eligible organisations could apply for
grants under the second round of the Regional Infrastructure Fund
(16 June 2021).
More...
NSW
Housing supply boost for NSW
A regional housing taskforce will be set up to combat
supply shortage across NSW, while more than 18,000 new homes have
been earmarked for immediate rezoning in Sydney's south-west as
the NSW Government takes charge to boost much-needed housing supply
(18 June 2021).
More...
Sydney housing market insights: June 2021
The Urban Developer's Sydney housing market insights
for May reveal that Sydney's residential market has shown no
sign of slowing down (11 June 2021).
More...
Planning reform needed today, to house 10.5 million
people tomorrow
The NSW Government will be required to keep their foot on
the pedal of their planning reform agenda if the 40-year
population, job and fiscal forecasts of the NSW Government's
Intergenerational Report are to be met, the Property Council of
Australia said (07 June 2021).
More...
Queensland
Palaszczuk Government moves to make renting fairer
The Palaszczuk Government is delivering on its commitment
to make renting fairer, with the introduction of new legislation
into Queensland Parliament.. The proposed laws will make it easier
for Queensland renters to have a pet, and end 'without
grounds' evictions, providing more certainty about ending a
lease (18 June 2021). More...
Devine unveils $340m golden tower for Gold Coast
Devine Development Group is planning to build a 38-storey
golden tower on a beachfront site in Surfers Paradise after picking
up the site with previously approved plans (17 June 2021).
More...
Social housing commitment welcomed as a down payment on
accommodating rapid growth
The Property Council has welcomed the Queensland
Government's commitment to increase investment in social
housing, as the state's population growth is forecast to
continue, placing enormous pressure on housing supply and
affordability (16 June 2021).
More...
Why vacant offices and mixed-use buildings across
Australia are being turned into medical centres
Vacant offices and mixed-use buildings around Australia
are being increasingly sold or leased as medical and allied health
premises as a way of maximising returns in the post-COVID-19 era.
In Brisbane, a number of offices have been strata-titled and then
sold off to medical practitioners or complementary health
professionals (15 June 2021).
More...
REIQ welcomes state budget spending on housing and
infrastructure but calls for more
The Real Estate Institute of Queensland has welcomed
increased social housing and infrastructure spending in the 2021-22
Queensland Budget but has given a thumbs down to a lack of
government progress on reforms to the first home buyer grant and
stamp duty (15 June 2021).
More...
Robina 'ideal location' for Brisbane 2032
Olympics athletes' village if designed for future property
market
Robina was the earmarked location for the Gold Coast
Olympic and Paralympic village, which would home over 2,600
athletes and officials in a new residential development. Real
Estate Institute of Queensland, Gold Coast Zone Chairman, said an
Olympic village at Robina would be a huge success with the right
style dwellings that also accommodates future buyers and renters
(14 June 2021).
More...
Gold Coast tourist parks to undergo $39 million
upgrade
Some good news for locals and tourists, with council set
to invest $39 million into upgrading Gold Coast tourist parks,
including new tourist villas. Already, $1 million has been spent on
two vintage vans at Burleigh Tourist Park and a wellness centre at
Tallebudgera Tourist Park (11 June 2021).
More...
Queensland arrivals to be slugged 'for the
privilege' of moving to state
A new charge, to be revealed in next week's budget,
will be levelled at the influx of people moving to Queensland, with
a new drivers licence transfer fee (10 June 2021).
More...
Push for rules to keep councillor, developer meetings
above board rejected
Brisbane's deputy mayor and fellow LNP members
dismissed Labor's push to devise a policy guiding meetings with
property developers (08 June 2021).
More...
In practice and courts
Commonwealth
PCA: National Cabinet discusses CBD reactivation
Lord Mayor Adrian Schrinner, on behalf of the Council of Capital City Lord
Mayors, gave a presentation to National Cabinet on the cost of
the pandemic on our capital cities. Cr Schrinner told National
Cabinet that despite various Council-led initiatives to bring
people back into our city centres, more needs to be done to get
Australia's major cities fully back on their feet. As a result,
Prime Minister Scott Morrison subsequently came out with a strong,
yet simple message to the public,
'It's time to get back to the office'. (10 June
2021)
Read the media release here and the National
Cabinet statement
here.
More about 'Fridays in the City' (for Brisbane) can be
found here.
Register of Foreign-owned Water Entitlements
The Commission will seek further information and feedback
following the release of a draft report in August 2021. Draft
report expected to be released in August 2021.
More...
Announcements, Draft Policies and Plans released 2021
Queensland
Titles Registry Alert No1 81: Reminder - Important
update regarding payment details
Pursuant to the Queensland Future Fund (Titles Registry)
Act 2021, please be aware of the following changes for
Queensland's Titles Registry which will come into effect from
19 June 2021:
" the transfer of the operations of the titles registry to
Queensland Titles Registry Pty Ltd (ACN 648 568 101) trading as
'Titles Queensland'.
" the changes to payment details for eLodgements
Any enquiries should be directed to
titlesinfo@resources.qld.gov.au.
REIQ Advice
Do you have clients buying or selling land in a Reef
region for commercial cropping or horticulture? Here's
some important information you need to know about a new
government requirement (16 June 2021).
Residential Tenancies and Rooming Accommodation
(Tenants' Rights) and Other Legislation Amendment Bill
2021
The Bill was referred to the Community Support and
Services Committee for detailed consideration and report by 26
November 2021. The explanatory notes state that the objective of
the Bill is to improve rights for renters in Queensland, address
rental affordability concerns and improve access to safe and secure
housing. The Bill aims to achieve its policy objectives by amending
the Residential Tenancies and Rooming Accommodation Act 2008
outlined
here.
Broadbeach to Burleigh Heads Neighbourhood
Framework
The City of Gold Coast has opened a community engagement survey for
the Neighbourhood Framework – Broadbeach to Burleigh Heads
Corridor. The eventual framework will help guide land use and shape
growth along the future Gold Coast Light Rail Stage 3 Broadbeach to
Burleigh Heads corridor. The survey will close on June 21. To have
your say, please click here (10 June
2021).
Place Names – Current proposals
Job number 19-027: Yaraka
Closing date for comments: 16 July 2021
Consultations
Inland Rail – Helidon to Calvert project – draft
environmental impact statement Closes 23 June 201
Water restriction targets for South East Queensland's water
security
Open until 9 Jul 2021 - Department of Natural Resources, Mines and
Energy
Have your say on the anticipated duration of water restrictions in
south east Queensland.
Cases
Jieyun Pty Ltd v Toorak Development Group Pty
Ltd [2021] VSC 340
EQUITY – rectification – common intention
– whether clear and convincing proof – relevance form
of affidavit evidence seeking to establish common intention –
unexplained failure to call party to the deed to be rectified
– failure to explain why negotiated drafts and final deed
contain provisions inconsistent with alleged common intention
– rectification refused.
1 This proceeding relates to loans advanced by the plaintiff
(Jieyun) to the first defendant
(TDG), a company of which the second defendant,
Dali Cvek (Mr Cvek), is and was a director. The
advance was made in relation to the purchase and development of two
adjoining properties
Williams v Nugara [2021] VSC
331
DAMAGES – assessment of damages following entry of
judgment in default of appearance by two of the defendants –
claims for damages as a consequence of tortious deceit, misleading
or deceptive conduct, and negligence – specific compensatory
damages awarded, inclusive of interest – general damages
awarded, for mental anguish, stress, anxiety, personal insecurity
and distress – Casaclang v WealthSure Pty Ltd [2015]
FCA 761 – Newman v Financial Wisdom Ltd [2004] VSC
216 – Giller v Procopets [2008] VSCA 236 –
McLennan v Meyer Vandenberg [2020] ACTCA 7.
In 2010, the First and Second Plaintiffs (together, 'the
Williamses') sought accounting advice relating to their
retirement and to a recently purchased investment property.
Lendlease Engineering Pty Ltd v Owners Corporation No.1
& Ors [2021] VSC
338
JUDICIAL REVIEW – building actions - Building Act
1993 (Vic), s 134 – limitation of actions period –
commencement date of limitation period – occupancy permit
– staged development – when limitation period begins
when multiple occupancy permits issued– Victorian Civil and
Administrative Tribunal Act 1998 (Vic), s 60 – application
for joinder – whether circumstances permitted joinder after
the expiry of the limitation period –
Definity Clinic v AMD Rifat [2021]
VSC 325
CONTRACTS – Contract for sale and purchase of
property – where parties did not settle on property –
whether plaintiff purchaser entitled to repayment of deposit
– where special condition of contract made contract
conditional upon defendant vendor 'obtaining a medical permit
for two (2) practioners (sic)' – where defendant vendor
obtained a permit for no more than two people to provide health
services – case turns upon proper construction of special
condition – special condition properly construed required
defendant vendor to obtain permit that would allow plaintiff
purchaser to use the property as it intended – plaintiff
purchaser entitled to repayment of deposit – Codelfa
Construction Pty Ltd v State Rail Authority (NSW) (1982) 149
CLR 337, applied – Mount Bruce Mining Pty Ltd v Wright
Prospecting Pty Ltd [2015] HCA 37; (2015) 256 CLR 104, applied
– Apple & Pear Australia Ltd v Pink Lady America
LLC [2016] VSCA 280, applied – Lopes v Taranto
[2018] VSCA 288, applied.
Tanah Merah Vic Pty Ltd v Owners' Corporation No 1 of
PS613436T [No 3] [2021] VSCA
155
PRACTICE AND PROCEDURE – final orders – costs
– Calderbank offers – applicant consultants ordered to
pay Owners' costs on standard and then indemnity basis in each
proceeding – applicant consultants ordered to pay
builder's costs on standard basis in each proceeding –
respondent consultants ordered to bear own costs in each
proceeding, except fire engineer ordered to pay 15 per cent of
building surveyor's costs in building surveyor's
application for leave to appeal and appeal.
Dependable Care Pty Ltd v Department of Families,
Fairness and Housing (Review and Regulation)
[2021] VCAT 617
Review and Regulation List – Supported Residential
Services (Private Proprietors) Act 2010 (Vic), ss 12, 13, 160
– whether proprietor breached legislation in relation to the
installation and subsequent occupation of cabins on a portion of
the site of a supported residential service – whether
personal supports are provided to residents of the cabins –
whether Victorian legislation relating to supported residential
services is inconsistent with the Commonwealth National Disability
Insurance Scheme – relevance of changes to the legal and
operational arrangements concerning the cabins since the date on
which compliance notices were issued by the respondent in respect
of alleged breaches of the legislation
Sun & X Pty Ltd v Wang (Building and
Property) [2021] VCAT
583
RETAIL LEASES – early termination of a lease by the
tenant abandoning the premises – old tenant's liability
for rent until new tenant signs lease – old tenant's
liability for rent free periods given to new tenant –
obligation on tenant to pay land tax void – section 50 of the
Retail Leases Act 2003 (Vic) – old tenant's liability to
make good the premises – proof of dilapidations – other
costs claimed by the landlord to be the expense of the old
tenant.
The respondent, Tao Wang, must pay to the first applicant the sum
of $8,751.46.
Roll'd
Australia Pty Ltd t/as Roll'd Australia v Challenger Life
Nominees Pty Ltd [2021] QCAT
210
LANDLORD AND TENANT – RETAIL AND COMMERCIAL
TENANCIES LEGISLATION – OTHER MATTERS – where tenant
seeks declaration and compensation – where landlord seeks
arrears of rent and outgoings – where landlord makes further
new claims for damages for early termination of lease -where tenant
failed to file evidence and failed to attend hearing. Retail Shop
Leases Act 1994 Qld s 5A, s 63, s 97, s 83, s 103
GOTAP
Pty Ltd v Skelton [2021] QLC
20
ENERGY AND RESOURCES – MINERALS – MINING FOR
MINERALS – COMPENSATION – where matter referred to Land
Court for determination – where subject land used for access
only – where parties filed compensation statements
unsupported by expert evidence – where Court relies on
previous determination to reach a compensation figure
Mineral Resources Act 1989 Qld s 279, s 279A, s 281
Legislation
Commonwealth
Act Compilation
Northern
Australia Infrastructure Facility Act
2016
07/06/2021 - Act No. 41 of 2016
Queensland
Bills
Housing Legislation Amendment Bill 2021
Introduced by: Hon L Enoch MP on 18/06/2021
Stage reached: Referred to Committee on 18/06/2021
An Act to amend the Residential Tenancies and Rooming Accommodation
Act 2008, the Residential Tenancies and Rooming Accommodation
(COVID-19 Emergency Response)Regulation 2020, the Residential
Tenancies and Rooming Accommodation Regulation 2009 and the
Retirement Villages Act 1999
Resources and Other Legislation Amendment Bill 2021
Introduced by: Hon S Stewart MP on 16/06/2021
Stage reached: Referred to Committee on 16/06/2021
Subordinate legislation as made – 18 June
2021
No 60
Revenue Legislation (Fees) Amendment Regulation 2021
No 61
Proclamation—Queensland Future Fund (Titles Registry) Act
2021 (commencing remaining provisions)
No 62
Queensland Future Fund (Titles Registry) (Transitional) Regulation
2021
No 70
Water (Fees) Amendment Regulation 2021
No 71
Water Plan (Fitzroy Basin) Amendment Plan 2021
No 72
Water Amendment Regulation 2021
No 75
Resources Safety and Health Legislation (Fees and Other Matters)
Amendment Regulation 2021
Subordinate legislation as made – reminders
No 49
Water Plan (Mary Basin) (Postponement of Expiry) Notice
2021
For section 56(1) of the Act, the new expiry date for the Water
Plan (Mary Basin) 2006, as postponed under section 55 of the Act,
is 28 May 2024.
No 50
Planning (COVID-19 Vaccination Service) Amendment Regulation
2021
Insert 20A When material change of use for providing COVID-19
vaccination service is not assessable development. This section
expires on 31 December 2021.
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.