In the media

Commonwealth

Property valuations a risk for banks and developers, RBA warns
Australia's central bank is warning of deteriorating conditions in commercial property markets with developers and banks exposed to high property valuations (11 April 2020). More...

How coronavirus could forever change the look and feel of Australia's cities and suburbs
Automated crosswalks, the rebirth of suburbia, electric scooters - there are many quirky and nuanced ways that the coronavirus outbreak could impact on urban life (11 April 2020). More...

Results in: March capital city clearance rates
CoreLogic has revealed auction clearance rates across the combined capital cities for the March quarter.
"Over the three months to March 2020, the clearance rate across the combined capital cities came in at 62.5 per cent across 18,902 auctions, down from 70.3 per cent across 26,923 auctions over the previous quarter (08 April 2020). More...

Property developers reluctant to push ahead with new projects
As projects in the design phase are placed on hold across property sectors, uncertainty around the coronavirus pandemic is expected to impact the construction industry for the remainder of 2020, according to Rider Levett Bucknall (08 April 2020). More...

Covid-19 impact yet to hit lending
Housing loans fell 1.7 per cent in February, and while it marked the first fall in nine months the Australian Bureau of Statistics says the result was not due to the coronavirus pandemic (08 April 2020). More...

Commercial property: Deferrals, waivers mandated by code
Landlords must offer rent waivers and deferrals proportionate to their tenants' decline in turnover, the prime minister has confirmed. The code will now drop down to the states and territories for legislative implementation, and will be overseen through a binding mediation process (07 April 2020). More...

Rent relief available for tenants in Commonwealth properties
The Commonwealth Government will waive rents for all its small and medium enterprises and not-for-profit tenants within its owned and leased property across Australia. The types of businesses in scope of the policy include cafes and restaurants, childcare operators, retail and local service providers, community organisations and educational institution (07 April 2020). More...

Commercial tenancy code of conduct
The Property Council of Australia will work closely with state and territory governments on the detail of the implementation of the new commercial tenancy code of conduct, but says there are a number of questions unresolved by National Cabinet's decision (07 April 2020). More...

States and Territories to organise renters and tenants
REIA president Adrian Kelly said he understood the complexity the Federal Government has had, dealing with eight jurisdictions in the realm of residential real estate (07 April 2020). More...

Commercial deals slump 80 per cent in first quarter
The profitability of commercial property investments is set to be tested over the coming months after an 81 per cent drop off in transactions - the lowest quarterly volume since 2012 - was recorded last quarter (06 April 2020). More...

ASX wraps up volatile month of trade
Total capital raised dropped by 22 per cent to $4.16 billion compared to $5.32 billion the same time last year. As a result of coronavirus uncertainty many big companies withdrew guidance including Dexus, Mirvac, REA Group, Vicinity Centres and Scentre Group (06 April 2020). More...

ASIC warns real estate agents against advising tenants to access super to pay rent
The corporate watchdog intervenes to stop real estate agents advising tenants struggling to pay rent to withdraw money from their superannuation, warning those who do so could face hefty fines and jail time (30 April 2020). More...

ASIC warns agents not to give financial advice to struggling renters
Real estate agents have been warned they could face fines and even jail time for offering unlicensed financial advice to tenants struggling to pay their rent amid the coronavirus crisis. The ASIC has called on real estate institutes across the country to remind agents that they were unqualified to provide financial advice (03 April 2020). More...

Code of conduct for commercial tenancy
The Property Council of Australia has noted the direction from the National Cabinet for the development of an industry code of conduct for commercial tenancy. We welcome the recognition that governments must also be part of the solution with meaningful relief on land tax and other costs incurred by commercial property owners (03 April 2020). More...

Is this economic shut down what degrowth advocates have been calling for?
As national and global economies grind to a halt in the attempt to contain COVID-19, people may ask whether this shock to the system resembles what 'degrowth' advocates have been calling for in recent years (30 March 2020). More...

NSW

Mirvac adds 357 apartments to $1bn Darling Harbour plans
Mirvac has revised plans for the billion-dollar redevelopment of the Harbourside Shopping Centre to include 357 apartments in Sydney's Darling Harbour (05 April 2020). More...

Jobs boost through fast-tracked planning system
The NSW Government will cut red tape and fast-track planning processes to keep people in jobs and the construction industry moving throughout the COVID-19 crisis (03 April 2020). More...

Construction hours extended to support industry during COVID-19
Construction sites can now operate on weekends and public holidays under new rules introduced by the NSW Government to support the industry during the COVID-19 pandemic (02 April 2020). More...

Urban taskforce welcomes NSW Government move to progress the redevelopment of the Pyrmont Peninsula
"The release of 'Directions for the Pyrmont Peninsula Place Strategy' by the Department of Planning, Industry and Environment is a good start as it promotes the renewal and redevelopment of Pyrmont and its surrounds. The new "strategy" establishes the strategic framework for high rise development in Pyrmont and the logical extension of the CBD along the Pyrmont peninsular (30 March 2020). More...

Queensland

Keeping Queen's Wharf Brisbane on track
Development of the $3.6 billion Queen's Wharf Brisbane project will be helped along with the relaxation of the heavy vehicle lock out period during COVID-19 (11 April 2020). More...

PCA: Qld Government and landlords step up together to support businesses hit by COVID-19
In particular, Queensland's property industry has welcomed the State Government's decision to refund 3 months of land tax, defer the implementation of the foreign land tax surcharge, and defer the issuing of next year's land tax assessments for eligible landlords (09 April 2020). More...

Palaszczuk Government moves to protect retail and commercial tenants
Commercial and retail tenants will be protected from evictions under a series of measures to protect businesses and jobs unveiled by the Palaszczuk Government (09 April 2020). More...

Two new roads to connect almost 9000 new homes in Ripley Valley
Around 8900 new homes can be built in Ripley Valley with the Palaszczuk Government investing $20 million through its Catalyst Infrastructure Program to extend vital local road networks (09 April 2020). More...

Have your say on the Oxley Priority Development Area master plan
With the development application lodged for the Oxley Priority Development Area, the master plan and stage one residential works are now open for public review and comment (08 April 2020). More...

New Woolloongabba PDA drives Cross River Rail delivery
A new priority development area (PDA) has been declared in Woolloongabba to support construction of the next inner-city train station for the Palaszczuk Government's Cross River Rail project (04 April 2020). More...

In practice and courts

Commonwealth

RICS: New guidance improves health and safety reporting for commercial properties
New guidance for chartered surveyors on building condition reports for commercial property has been released by RICS to bring further transparency to the purchase or sale of commercial assets. The first edition of Technical due diligence of commercial property will become the version to use for all regulated members and firms globally on 1 April 2020. More...

Review of the Lands Acquisition Act 1989: Discussion paper
Details of how to make a submission are available on the Department of Finance's website. Submissions close on 17 April 2020.

Announcements, Draft Policies and Plans released 2019

Department of State Development, Manufacturing, Infrastructure and Planning (DSDMIP)
8 April 2020 - Priority development area
On 2 April 2020, the Governor in Council approved the Economic Development (Woolloongabba Cross River Rail PDA) Amendment Regulation 2020. The amendment regulation revokes the Woolloongabba Priority Development Area (PDA) and declares the Woolloongabba Cross River Rail (CRR) PDA. The Woolloongabba CRR PDA includes all land that is within the existing Woolloongabba PDA but is larger and includes land east of Main street (the Gabba). More...

Title Registry Alerts

167 – Witnessing provisions during COVID-19
The Registrar of Titles has provided some guidance on alternative witnessing provisions that can be used to assist in witnessing of documents, where document lodgement cannot be delayed. For example, where the transferor or mortgagor is in COVID-19 related self-quarantine or self-isolation. These alternative witnessing provisions can be found here (03 April 2020). More...

Cases

Paragreen v Lim Group Holdings Pty Ltd [2020] VSCA 84
REAL PROPERTY – appeal – applicants registered proprietors of land which includes part of a laneway – respondent has unregistered restrictive covenant over laneway pursuant to terms of settlement entered into with previous registered proprietor of applicants' land – vendor's statement in applicants' contract of sale of land attached terms of settlement – whether trial judge erred in finding applicants bound by terms of settlement – whether trial judge erred in finding it would be fraud under ss 42 and 43 of Transfer of Land Act 1958 for applicants to disregard restrictive covenant – construction of contract of sale – terms of settlement not included in definition of 'documents concerning title' – applicants did not agree to be bound by terms of settlement – no evidence that applicants gave undertaking to be bound by terms of settlement – knowledge by applicants of terms of settlement insufficient – leave granted – appeal allowed – Bahr v Nicolay (No 2) [1988] HCA 16; (1988) 164 CLR 604, Body Corporate No 12870 v Aldal Pty Ltd (2010) 29 VR 81 considered; Transfer of Land Act 1958 ss 42 and 43, Property Law Act 1958 s 79

Harvey v Emery & Ors [2020] VSC 153
PROPERTY – caveat – application for removal – claim by defendants of interest in property arising from a constructive or resulting trust – property sale and distribution of net proceeds subject to orders made by Family Court of Australia – whether serious question to be tried – whether caveat ought to be removed and proceeds held pending resolution of issues in proceeding – Transfer of Land Act 1958 (Vic) s 90

Redgum Developments Pty Ltd v G8 Education Ltd [2020] VSC 142
CONTRACTS –construction – interpretation – determination of market rent by expert valuer – Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2013] VSCA 17 – Legal & General Life of Australia v A Hudson Pty Ltd (1985) 1 NSWLR 314 – Adnow Pty Ltd v Greenwells Wollert Pty Ltd [2016] VSCA 282 – Boland v Yates Property Corporation Pty Ltd [1999] HCA 64; (1999) 74 ALJR 209 at 266 – Spencer v Commonwealth (1907) 5 CLR 418 – Challenger Property Asset Management Pty Ltd v Stonnington City Council [2011] VSC 184; (2011) 34 VR 445 at 456–7 – Strike Australia Pty Ltd v Data Base Corporate Pty Ltd [2019] NSWCA 205 – construction of provision of lease incorporating section 37(2) of the Retail Leases Act 2003 (Vic) – requirement of the valuer "having regard to" certain "criteria" – R v Hunt, Ex parte Sean Investments Pty Ltd [1979] HCA 32; (1979) 180 CLR 322 – Western Australian Trustees Ltd v Poon (1991) 6 WAR 72 – Origin Energy Electricity Ltd v Queensland Competition Authority [2012] QSC 414 – Rathborne v Abel (1964) 38 ALJR 293

1043 Melton Hwy Pty Ltd v Commissioner of State Revenue (Review and Regulation) (Corrected) [2020] VCAT 396
Review and Regulation List – Duties Act 2000 (Vic), s 20 – whether pre-settlement 'interest' paid forms part of the consideration which 'moves' the transfer of land – relevance of ruling by Commissioner of State Revenue in relation to interest paid under a terms contract
The reassessment made by the Commissioner of State Revenue (Commissioner) on 19 September 2018 (as confirmed by notice of re-assessment no 17589724) is varied to reduce the duty to $7,026

Corry v Rolfe (Building and Property) [2020] VCAT 325
Contract formation – whether offer and acceptance – found, counter-offer made resulting in no acceptance and no contract – importance of best evidence where failure to produce original documents and where those documents under close scrutiny – insufficient evidence to support a finding of a written retail premises lease – note or memorandum signed by party to be charged: Instruments Act 1958 s126 – a lease is not created by operation of the Retail Leases Act 2003 – implied periodic lease found – implied periodic lease is subject to the Retail Leases Act 2003 where the character of occupation is that of a 'retail premises lease' – mode of termination arises under periodic lease

Zumbo v Brisbane City Council & Ors [2020] QPEC 14
PLANNING AND ENVIRONMENT – APPLICATION – whether minor change – where the applicant/appellant proposes to decrease the height of the proposed apartment building – whether that would result in substantially different development – whether changes would not result in substantially different development

Cases to 30 March 2020

Plath & Anor v Plath [2019] QDC 42
CONTRACT OF SALE OF PROPERTY – ENFORCEMENT OF MORTGAGE – RECOVERY OF POSSESSION – whether it was a gift – estoppel defence – set off defence at common law or equity – COUNTERCLAIM – damages – limitations of actions act - Limitations of Action Act 1974 Qld ss 10(1)(a), 10(2)

Sunland Group Limited & Anor v Gold Coast City Council [2019] QPEC 14
PLANNING AND ENVIRONMENT – APPLICATION – declarations sought as to the continuing effect of infrastructure charges conditions imposed pursuant to a preliminary approval under s 3.1.6 of the Integrated Planning Act 1997 – did conduct by the respondent give rise to an Infrastructure Agreement pursuant to the Sustainable Planning Act 2009 - Integrated Planning Act 1997 Qld; Planning Act 2016 Qld; Sustainable Planning Act 2009 Qld; Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011 Qld

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