In the media
Commonwealth
PCA: The road to zero carbon
Governments around the world have committed to the Paris
Agreement. For Australia this effectively means transitioning to a
zero carbon economy by 2050. Working out how to deliver on this
commitment has big implications for every part of the economy,
including property. Two new reports go to the heart of this
challenge (04 July 2018).
More...
PCA: Build-to-Rent Model in NSW welcome - now it's
Victoria's turn
The Property Council of Australia welcomed the
announcement by the NSW Government to support a
'Build-to-Rent' housing model and has urged the Victorian
Government to also take up the opportunity to provide more housing
choice (06 July 2018).
More...
PCA: Energy standards in National Construction Code:
Built to Perform
The Property Council has welcomed the release of the
final report of the Building Code Energy Performance Trajectory
Project. The report shows that setting stronger energy
standards for new buildings in the National Construction Code could
between now and 2050 reduce energy bills by up to $27 billion, cut
energy network costs by up to $7 billion and deliver at least 78
million tonnes of cumulative emissions savings (03 July 2018).
More...
PIA: Regional development inquiry findings - yet another
reason for a national settlement strategy
The Planning Institute Australia (PIA)
has welcomed a Parliamentary Select Committee's call for
greater investment in Australia's rural and regional towns,
citing their report, "Regions at the Ready: Investing in
Australia's Future", as further clear evidence of the need
for an integrated national settlement strategy (02 July 2018).
More...
In the media - Victoria
Delivering a new plan for the future of recycling
Minister for Energy, Environment and Climate Change Lily
D'Ambrosio today announced a $37 million package that will
increase the quality of recycled materials in Victoria and develop
new markets for them (03 July 2018).
More...
'Deferred second mortgage' model getting people
out of public housing
A Melbourne-based property developer has come up with a
unique solution to the city's public housing crisis, offering
subsidised apartments to public housing tenants to encourage them
to buy their own home and free up stock (30 June 2018).
More...
In the media - New South Wales
New planning codes to provide more housing choice and
greener streets
Homeowners in new release and established areas across
NSW will save up to $15,000 in building and administrative costs,
under the new Greenfield Housing Code and Low Rise Medium Density
Housing Code that commenced on Friday 6 July 2018 (06 July 2018).
More...
In the media - Queensland
Brisbane apartment market looks up
There's been a lot of recent analysis on the state of
Brisbane's apartment market, and a new report by JLL is
weighing in on the positive side of things. The commercial real
estate agency's Brisbane apartment market report says 2018 will
remain rough for Brisbane's apartment market, but conditions
should stabilise as the year progresses (29 June 2018).
More...
Published
Pathways to housing tax reform
Richard Eccleston, Julia Verdouw, Kathleen Flanagan,
Neil Warren, Alan Duncan, Rachel Ong, Stephen Whelan, Kadir Atalay;
Australian Housing and Urban Research Institute: 05 July 2018
This research is the final report of the AHURI inquiry into
'Pathways to Housing Tax Reform in Australia.' It features
real-world modelling and implementation time frames to steer tax
settings that progress the efficiency, equity and sustainability of
housing tax policy, and also presents meaningful, long-term
political pathways to achieve these outcomes. More...
Transport Strategy Refresh: background paper - car
parking
Elizabeth Taylor; City of Melbourne: 22 June
2018
This discussion paper is to inform a new City of Melbourne
Transport Strategy to 2050. A draft strategy will be released for
consultation in 2018. More...
In Practice and Courts
Victoria
Announcements, Draft Policies and Plans released 2018
GST at settlement
Law Institute of Victoria 03 Jul 2018 - The Law Council
of Australia has referred to the LIV a summary of key guidance
material prepared by the Australian Taxation Office in relation to
the new GST at settlement measure, which commenced 1 July.
More...
LIV wants improved security processes for PEXA
electronic conveyancing system
LIV Media 28 Jun 2018 - The Law Institute of Victoria
believes the security processes involved in the PEXA electronic
conveyancing system must be tightened before its mandatory use
comes into effect later this year. The LIV encourages members to
follow the LPLC advice around the use of the PEXA system. The LIV
has shared the securing warnings and the fact sheet links via Law
News and on social media platforms. The LIV has published two fact
sheets
Cyber security for law firms and
Cyber security for the individual.
Approvals
Wodonga C125 implements the Wodonga Growth Strategy
2016 and applies an Environmental Significance.
Mornington Peninsula C221 applies permanent heritage controls
in the form of Heritage Overlay 399 affecting 33-33A Jacksons Road,
Mount Eliza.
Exhibition
Melbourne C305 proposes to implement the recommendations of the Southbank and Fishermans Bend Heritage Review 16 June 2017.
Queensland
Announcements, Draft Policies and Plans released 2018
Queensland Office of State Revenue
The Land Tax Act 2010 and the Land Tax
Regulation 2010 have been updated to include the following
amendments to take effect from 1 July 2018.
New tax rate
Where the taxable value of an owner's landholdings is
more than $10 million, the following rates apply:
Individuals-$150,000 plus 2.25 cents for each $1 more than $10
million
Companies, trustees and absentees-$175,000 plus 2.5 cents for each
$1 more than $10 million.
Clearance certificates
Lodging an application by mail to OSR-$42.00
Lodging an application online-$33.90 (plus delivery fee charged by
service provider if applicable)
For more information, visit
www.qld.gov.au/landtax.
Updates to standard REIQ property sale contracts
QLS and the Real Estate Institute of Queensland
(REIQ) are preparing to release new editions of
the standard contract as a result of the GST withholding at
settlement measures taking effect from 1 July 2018, to facilitate
the signing of the contracts by electronic means, and to update
references to legislation and notice clauses.
More...
Updated REIQ contracts and ATO information now
available
The Australian Taxation Office has published updated
guidance material about the GST at settlement measures which
commenced on 1 July 2018.
Read more
REIQ sale of land contracts and GST on property
transactions
From 1 July 2018, there will be changes to how GST is
paid on the settlement of the purchase of new residential premises
or potential residential land subdivisions. The Australian Taxation
Office (ATO) has published information about these
changes on its
website.
Cases
Victoria
Chapman v City of Greater Bendigo
[2018] VSC 358
PRACTICE AND PROCEDURE - Application for leave to file an
amended statement of claim - Principles underlying r.23.02 of the
Supreme Court (General Civil Procedure) Rules 2015 applied
- Whether proposed amended statement of claim discloses a cause of
action - Defects of form - Leave to file the amended statement of
claim refused.
NEGLIGENCE - Plaintiff claims her local council owed her a duty to
acquire her land for a public purpose and had failed to do so,
causing her loss - Whether the claimed duty inconsistent with the
defendant's statutory duties - Dansar Pty Ltd v Byron Shire
Council [2014] NSWCA 364; (2014) 89 NSWLR 1 considered -
Whether this question should be determined at trial - Held no
because pleaded facts show the claimed duty not arguable.
BREACH OF STATUTORY DUTY - Plaintiff claims local council breached
a duty to her imposed by s.197 of the Planning and Environment
Act 1987 (Vic) to promptly acquire her land - Breach of this
claimed statutory duty depends on duty to acquire being established
- Not arguable on the pleaded facts that there was such a duty -
Accordingly no cause of action for breach of statutory duty is
disclosed.
Queensland
Bettson Properties Pty Ltd & Anor v Tyler
[2018] QSC 153
REAL PROPERTY - RESTRICTIVE COVENANTS - OTHER COVENANTS -
where the respondent purchased a lot in a residential estate from
the applicants and erected a house on that lot - where the contract
of sale included a covenant requiring the applicants' consent
to the installation of any solar panels - where the covenant
provided for the refusal of consent where the applicants considered
the proposed installation would "cause visual impact" or
not be "aesthetically pleasing" - where the respondent
installed solar panels on the roof of the house without the
applicants' consent - where retrospective consent was refused -
whether the respondent should be required to remove the solar
panels - whether the covenant is of no force or effect by reason of
the provisions of Part 2 of Chapter 8A of the Building Act
1975 (Qld).
Tivoli Retail Pty Ltd as Trustee under Instrument 711454913
v Metcash Food & Grocery Pty Ltd [2018]
QCAT 195
LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES
LEGISLATION - JURISDICTION, POWERS AND APPEALS OF COURTS AND
TRIBUNALS - JURISDICTION GENERALLY - whether 'retail tenancy
dispute' - where floor area more than 1000 square metres -
where lessee was subsidiary of listed corporation - where Tribunal
did not have jurisdiction to determine dispute.
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS -
ENDING PROCEEDINGS EARLY - SUMMARY DISMISSAL - GENERALLY - where
transfer not appropriate - where application misconceived and
struck out for want of jurisdiction.
Cases to 02 July 2018
Council of the City of Gold Coast v Ashtrail Pty
Ltd [2018] QPEC
029
PROCEDURE - PLANNING AND ENVIRONMENT COURT PROCEDURE -
PROCEDURE UNDER RULES OF COURT - where the Respondents applied for
summary judgment - where the Originating Application seeks
declarations and enforcement orders in respect of non-compliance
with development permit conditions - where the Respondents contend
the development approval has lapsed - where the respondents also
contend part of the applicant's claim is statute barred -
whether the court has the power to grant the Respondents'
application - whether summary judgment ought be granted.
Eastcote Pty Ltd as Tte v Valuer-General
[2018] QLC 11
REAL PROPERTY - VALUATION OF LAND - OBJECTIONS AND
APPEALS - QUEENSLAND - Where site value is the basis of valuation -
Where expert evidence is relied on - Where duty of expert witness
to the Court and independence of expert are considerations - Where
both valuation experts lack independence - Where evidence of
experts must be carefully scrutinised.
Gaindome Pty Ltd v Tomac [2018] QCAT
152
LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES
LEGISLATION - OBLIGATIONS, PROHIBITED TERMS AND PROTECTION FOR
LESSEES - OTHER MATTERS - retail shop lease dispute - arears of
rent - failure to reinstate - decision by default.
Legislation
Commonwealth
Bills assented
Telecommunications Legislation Amendment Bill
2018
27/06/2018 - Schedule 1 to the Bill would amend the
National Broadband Network Companies Act 2011 (the NBN
Act) to require NBN corporations, such as NBN Co Limited
(NBN Co), to provide emergency service
organisations (referred to in the Bill as 'eligible
persons') with access in certain circumstances to towers and
associated sites and facilities. Eligible persons are defined to
include police, fire, ambulance and state or territory emergency
services.
Regulation
Personal Property Securities (Fees) Determination
2018
04/07/2018 - This instrument determines the updated
fees for using the Personal Property Securities Register.
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.
