In the media
'Post-recession rush' predicted for
Australia's commercial property
According to Colliers International, as a growing number
of workers return to their offices, vendors and investors are
expected to review acquisitions, with demand for office assets
expected to soar during what's usually a relatively quiet
period (29 January 2021).
More...
To return to the office or not: How your choice could
change the shape of our cities
Australian cities are at a critical juncture, with
changing demands and expectations from workers and inner-city
residents in the wake of the COVID-19 crisis set to dictate what
our urban landscapes look like for generations to come, planning
experts say (21 January 2021).
More...
Transforming social housing through innovation
Australia has an unprecedented, multi-billion-dollar
opportunity to make a step forward, by forging a similarly
holistic, tenant-centric and data-focused approach to social
housing (28 January 2021).
More...
HomeBuilder leads to spike in material and labour costs,
stinging home buyers
HomeBuilder has provided a shot in the arm to the housing
sector, with households taking on record levels of debt to fuel the
nation's economic recovery. But increased demand has already
pushed up the price of materials and labour, squeezing the budgets
of home buyers and renovators (28 January 2021).
More...
Capital city house prices hit new peaks
Australian house prices hit record highs along the east
coast, marking the steepest increase in four years and rounding out
a year of unprecedented events and price predictions (28 January
2021).
More...
'Competitive advantage': Call for curbs as
property sector ramps up political donations
The property industry has ramped up its political
donations to a fresh peak that takes its total funding to $54.2
million over the past two decades, finds new analysis that calls
for curbs on the way big companies buy influence (27 January 2021).
More...
Renters abandoned capital cities in 2020
Renters abandoned Australian capital cities in favour of
regional locations last year, according to Corelogic's
quarterly rental report. Annual figures show Australians opted for
space and lifestyle outside of city centres with regional areas
outperforming the major cities (27 January 2021).
More...
Heatwaves may render parts of Sydney unliveable in
decades
With Australia's largest city facing 50-degree-plus
summers, experts say its suburbs must be radically redesigned and
rebuilt in order to remain liveable (26 January 2021).
More...
Rents recovering from COVID impact
According to the Real Estate Institute of Australia, the
December 2020 quarter CPI figures show that the rental market is
recovering from the impact of the COVID pandemic (27 January 2021).
More...
Rental eviction moratoriums should be revisited by
National Cabinet
The REIA President, Adrian Kelly has said with rental
evictions ending in some states and unemployment at 6.6 per cent it
is time for all the Covid-19 rental eviction moratoriums to be
removed so that some normality for both tenants and property owners
can resume in 2021 (22 January 2021).
More...
'An eyesore': Residents furious as approval
given to increase height of Western Sydney towers
The concept plan for two 15-storey apartment buildings at
Wentworth Point means they will be almost double in height compared
to neighbouring buildings (22 January 2021).
More...
PCA: HomeBuilder the workhorse of economic
recovery
The success of the Federal Government's HomeBuilder
grants program demonstrates the power of residential construction
in supporting jobs and driving economic activity. According to new
figures from Treasury, more than 75,000 households have applied for
the HomeBuilder grant with around 80 per cent of these for new
construction (20 January 2021).
More...
New app streamlines application process for Green Star
rating
Green Building Council of Australia announces the launch
of the first phase of Green Star Online, a new platform that allows
projects to easily apply for a Green Star rating (19 January 2021).
More...
'Highly problematic for public trust':
Australian political donations revealed
Mining and gas companies ramped up their spending on
political parties in recent years to outstrip property developers
and other big donors (18 January 2021).
More...
Victoria
Melbourne unit prices exceed expectations
Melbourne unit prices reached new highs after an
"almost non-existent" holiday slowdown, leading what
could be a record year for apartments nationally (28 January 2021).
More...
Melbourne's south-east fueled by $120m lendlease
deal
Property demand in Melbourne's southeast is showing no
signs of slowing with the number of new estate launches jumping
from seven to 16 in the past two years (27 January 2021).
More...
New rental standards to help tenants and landlords
The Andrews Labor Government is taking another step
towards making renting fairer for all Victorians, with new rules to
ensure every rental property meets basic standards. These
regulations come into effect on 29 March and are part of the more
than 130 rental reforms the Labor Government is introducing to
residential tenancies (25 January 2021).
More...
Developers prep for Melbourne's newest suburb
Pakenham East
The three developers will soon be able to submit
applications following approval of the precinct structure plan and
infrastructure contributions plans. Pakenham East is one of six
major greenfield development sites fast-tracked by the Victorian
Planning Authority in response to the pandemic (20 January 2021).
More...
Recycling boom spells jobs for Victoria
The Morrison and Andrews Governments are turbo-charging
Victoria's recycling infrastructure, with a major investment
that will double the state's domestic glass recycling capacity,
increase its plastic recycling by 40 per cent and create 350 jobs
(18 January 2021).
More...
NSW
Homebuilder – a testament to the job creation
power of the property construction sector – lessons for
NSW
NSW saw a significantly lower take-up of Homebuilder than
other States (given the relative size of the populations of the
States and Territories). This was because early on the thresholds
were too low, and the performance on planning approvals has been
appalling since 2019 (20 January 2021).
More...
EPA's draft Construction Noise Guideline to drive
reduced impact on community
New guidelines are being introduced to reduce construction
noise impacts on the community and require increased community
transparency and consultation prior to projects kicking off (18
January 2021).
More...
Queensland
Keylin, Kinstone Secure Final Piece of Coomera Town
Centre
Work will soon begin on a master plan for the final
remaining piece of Coomera's town centre with the purchase of a
significant parcel of land on Foxwell Road (27 January 2021).
More...
Home solar and batteries "the norm" in new
Brisbane property developments
Two residential developments being built in suburban
Brisbane will feature "futuristic" new homes fitted out
with rooftop solar, battery storage and heat pump hot water
systems, a standard the Queensland government hopes will become
"the norm" in the state as it aims for net-zero emissions
by 2050 (25 January 2021).
More...
Qld Government-led residential developments go 100 per
cent solar and battery
Two new Queensland Government-led residential developments
in Carseldine and Oxley are leading the nation with 100 per cent
solar and battery neighbourhoods, saving homebuyers thousands of
dollars in electricity (23 January 2021). More...
Brisbane's Victoria Bridge closes to general
traffic, now set to become 'green' bridge
The days for Brisbane's Victoria Bridge as a general
vehicular bridge are over, with the council closing it to all
general traffic from 8:00pm on Sunday 24 January 2021 to make way
for the new Brisbane Metro bus network (25 January 2021).
More...
'Pretty terrifying' Southport can be reborn like
Fortitude Valley or New Farm
There is a push within the City of Gold Coast to
revitalise Southport, similar to what happened in Brisbane's
Fortitude Valley and New Farm (22 January 2021).
More...
Demolition proposal for New Farm cottage heads to
court
The potential demolition of a pre-1911 New Farm cottage
has gone to court over a dispute on whether the tear-down should be
subject to community input or assessed purely against planning
codes (22 January 2021).
More...
MIRVAC to redevelop Government site at 200 Turbot
The State Government has announced that Mirvac is the
successful proponent for the proposed $670 million redevelopment of
200 Turbot Street (21 January 2021).
More...
Brisbane CBD set for billion-dollar boost
The Queensland Government are working on several
redevelopments that will really change the face of Brisbane and
bring many jobs to our city. More...
46-storey tower proposed behind Brisbane Synagogue
The tower, a proposal by the synagogue owners and the
owners of two neighbouring lots, would see a new commercial tower
on Mary Street (21 January 2021).
More...
Passive subtropical architecture takes off with
BVN-designed Brisbane tower
Brisbane could get another building that
"breathes", with plans lodged with the city's council
for a six-star Green Star commercial tower in the CBD. The
BVN-designed tower will be accessed from a state heritage-listed
synagogue, which will be retained and revitalised (19 January
2021).
More...
The Star breaks ground on $400m Broadbeach tower
The Star Entertainment Group is set to break ground on a
63-storey mixed use residential and hotel tower at its $2 billion
master planned site at Broadbeach Island on the Gold Coast (21
January 2021).
More...
Burleigh's high-rise boom 'not sensible
progress', residents say
Burleigh residents are worried the village-style
atmosphere of their popular Gold Coast suburb will be lost with 10
high-rise buildings in the works (20 January 2021).
More...
Court finds 17-bedroom house with water meters for each
room not just a family home
The owner of a 17-bedroom waterfront mansion, which was
operating as an illegal boarding house, has been ordered to make
structural changes after failing to convince a judge it was just
another family home (20 January 2021).
More...
Brookfield wins approval for 1000th Portside
apartment
Brookfield Residential Properties is getting ready to
notch up its 1,000th apartment at Northshore Hamilton after gaining
approval for a 19-level tower on Brisbane River (20 January 2021).
More...
Significant redesign' of triple tower Portside
project
Wentworth Equities is planning to build a triple tower
development connecting to Portside Hamilton, undertaking a
significant redesign on the vacant site (19 January 2021).
More...
Architectural institute gives Brisbane CBD red mark over
green space
The Australian Institute of Landscape Architects has
called for a rethink on how public spaces are managed and developed
(18 January 2021).
More...
Published – articles, papers, reports
REIA News - January 2021
In this issue: Top 5 for 2021; Top 5 for Christmas and
January. More...
Productivity Commission: Report on Government Services
2021
The annual Report on Government Services provides
information on the equity, effectiveness and efficiency of
government services in Australia (January).
More...
In Practice and Courts
Commonwealth
API: Exposure Draft open for comment – Valuations
of Rural and Agribusiness Properties
The API Standards Steering Committee has approved an
updated version of the Technical Information Paper – ANZVTIP
9 Valuations of Rural and Agribusiness Properties to be released as
an Exposure Draft for consultation and feedback. The Exposure Draft
has been updated based on Member feedback in both Australia and New
Zealand. The API encourages comment and feedback by no later than 5
March2021 to standards@api.org.au (20
January 2021).
More...
API Member Alert: Code of Ethics and
Rules of Professional Conduct
The Code of Professional Conduct has been renamed and
reclassified as the Rules of Professional Conduct. The Rules are
mandatory for all Members and effective from 28 February 2021.
More...
API Reminder: 2021-2026 APIV New Scheme Survey
With the APIV Scheme due to expire on 31 August 2021, the
API is currently in the process of preparing an application for a
new APIV Scheme to commence on 1 September 2021 for a further
period of five years.
More...
GBCA: Green Star: A year in focus
Our Green Star: A year in focus report outlines Green
Star's highlights and achievements for the financial year. This
year we certified 456 projects; the most ratings issued in a single
year (21 January 2021).
More...
GBCA: Green Star certification 2021 dates for your
project
The guidelines below (based on typical time frames),
specify the deadlines you'll need to meet in order to have your
project certified in time for key milestones (January 2021).
More...
NABERS Reminder: Auditors, supervisors, and trainers
panel announced
Congratulations to the new Panel Selection for NABERS
Auditors, Supervisors, and Trainers, for October 2019-October 2022.
Find the full list
here.
Announcements, Draft Policies and Plans released 2021
Changes coming to Commercial and Retail COVID-19
legislation on 1 January 2021
The new Retail and Other Commercial Leases (COVID-19)
Regulation (No 3) 2020 will repeal and remake, with amendments, the
Retail and Other Commercial Leases (COVID-19) Regulation (No 2)
2020.
Victoria
Environmentally Sustainable Development (ESD) Roadmap
and webpage now available
DELWP Planning have recently released the document
Environmentally sustainable development of buildings and
subdivisions: A roadmap for Victoria's planning system
which outlines the Victorian government's agenda for supporting
ESD through Victoria's planning system. The release of the
roadmap is accompanied by a new
ESD webpage which will act as a source of information and
resources relating to ESD in Victoria's planning system (28
January 2021).
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...
NSW
NSW Revenue: Land Tax Build to Rent
The NSW Government is introducing a land tax discount for
new build-to-rent housing projects until 2040 and a new Housing
Diversity SEPP to provide more housing options, greater surety for
renters, boost construction and support jobs during the COVID-19
recovery.
New Required Dealings declared
On 21 December 2020 the Registrar General declared
twenty-nine dealings to be a Required Dealing, moving closer toward
100 per cent electronic lodgment in NSW. A full list of the
proposed Required Dealings has been published on our website, on
the
Schedule of eDealings page.
Following the 90 day notice period, all Required Dealings must be
lodged electronically through an ELNO. This means that from 22
March 2021, these dealings will only be available for electronic
lodgment.
These changes are made under
Conveyancing Rule 8.8, which mandates the electronic lodgment
of dealings from 1 July 2020.
More..
Queensland
PCA: Land Tax Relief extended
As part of its COVID-19 Fiscal and Economic Review 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.
Reminder: 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 which
will streamline and modernise body corporate procedures, reduce
body corporate costs and enhance protections for unit owners.
More...
DES Prosecution bulletins 2021
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions.
Prosecution bulletin no 2/2021 (PDF, 179KB)
Prosecution bulletin no 1/2021 (PDF, 178KB)
Gold Coast Coastal Adaptation Plan
The City of the Gold Coast has released its draft Coastal
Adaptation Plan for feedback. The plan outlines a long-term
strategy for how the Gold Coast responds to the impact of climate
change. Community engagement runs from 19 January to 19 February
2021. To read the draft plan or to provide feedback, please click
here.
Support for the Gold Coast's Express DA
service
The City of the Gold Coast has announced a range of
incentives to support the property industry. The City of Gold Coast
is introducing a new fast track service, called Express Development
Application. Express DA will commence on the 27 October 2020 and
replace the existing RiskSmart service. As part of
the
City's economic support during COVID-19, the City is
offering a 50 per cent discount on Express DAs for 12 months (from
27 October 2020 to 27 October 2021).
More...
Rockhampton Regional Council expands development
incentives policy
Rockhampton Regional Council has expanded its development
incentives policy to include multi-residential unit developments
within close proximity to the CBD. The policy will apply to
DA's lodged between 1 January 2021 and 31 December 2021.
More...
25 local government areas to receive new land valuations
in 2021
Landowners in 25 Queensland local government areas will
receive new land valuations in March 2021. The
2021 valuation program will involve approximately 261,000
properties, representing approximately 59 per cent of the total
land area of Queensland.
More...
Planning support during COVID-19
The Queensland Government has further extended the
COVID-19 applicable event provisions in the Planning Act 2016. The
emergency changes to the Planning Act 2016 and the Economic
Development Queensland Act 2012 are now a permanent part of our
planning framework, providing flexibility to respond to not only
COVID-19, but also to floods, bushfires, cyclones and other
disasters. The effect of these powers is temporary and only applies
for the duration of the declared event. These provisions commence
when the Minister for Planning declares that there is an event,
such as a public health emergency or a natural disaster that will
affect state interests.
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...
Build-to-Rent Update - Approved
Projects
The Queensland Government has approved two Brisbane-based
affordable housing projects by developers. .It is anticipated
construction will commence mid-2021 following the finalisation of
designs for the projects, with operations expected to commence in
2023.
More...
Current Processes: Expanded the Pilot Project
2021
Two new tender processes:
Expressions of Interest are being sought from proponents capable of
delivering a Build-to-Rent development with an affordable housing
component on the State-owned site of the former Childrens Court, 50
Quay Street. Further information regarding this process is located
on the
QTender website. Submissions close 9 April 2021.
Expressions of Interest are also being sought from proponents
capable of delivering a Build-to-Rent development with an
affordable housing component on a privately-owned inner Brisbane
site. Further information regarding this process can be found on
the
QTender website. Submissions close 7 May 2021.
Consultations
CopperString Project – draft environmental impact statement Closes 12 February 2021.
Inland Rail – Calvert to Kagaru project – draft environmental impact statement Closes 8 March 2021.
Inland Rail – Border to Gowrie project – draft environmental impact statement Closes 19 April 2021.
Cases
Calmmonth
Pty Ltd v AVJennings Properties Limited
[2021] QSC 3
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – IMPLIED TERMS
– GENERALLY – where a developer undertakes a major
residential development in stages – where a consultant to the
developer is entitled to be paid a fee on the sale of lots –
where the consultant is also entitled to an additional fee if the
revenue from the sale of each relevant stage exceeds the estimated
revenue for that stage as set out in a consultancy agreement
– where the development in fact occurred in different stages
to that contemplated by the consultancy agreement – where the
express terms of the consultancy agreement do not entitle the
consultant to an additional fee in respect of new stages of the
development – where the consultant submits that the agreement
contains an implied term entitling it to an additional fee if the
boundary of a relevant stage changed or an additional stage was
added to an overall stage –whether the consultancy agreement
contains the implied term contended for
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION
OF CONTRACTUAL RELATIONS – CONTRACT IMPLIED FROM CONDUCT OF
PARTIES – where the parties met to discuss the calculation of
fees payable under a consultancy agreement –consultant
disputes that an agreement to vary the consultancy agreement was
reached at the meeting – where the consultant sent an email
following the meeting confirming that an agreement was reached
– whether an agreement was reached to vary the consultancy
agreement.
West
v Secure Funding Pty Ltd [2020] QCA
296
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND
– SECURITY FOR COSTS – where the respondent is the
registered mortgagee and the applicant is the registered owner and
mortgagor of the real property – where the respondent was
successful in the trial before a jury in its claim to recover
possession of the mortgaged property and where the applicant's
counterclaim was dismissed – where the applicant concedes
that she was impecunious – where the applicant had not filed
the notice of appeal in time and requires an extension of time to
appeal – where the applicant had not shown that she has any
reasonable prospects on her appeal – whether there should be
an order for security as to costs in respect of the application for
extension and any appeal.
BPI
No 1 Pty Ltd v Valuer-General; BWP Management Ltd v
Valuer-General [2021] QLC
2
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS
AND APPEALS – QUEENSLAND – where appellant objects to
valuation – where the site value is the basis of valuation
– where there was agreement between the parties the appeal
should be allowed – where the Court was asked to decide the
correct valuation – where no maintenance valuation was issued
by the valuer general and where the valuation was agreed to be
incorrect - where the onus was on the appellant to prove on the
balance of probabilities that the valuation was in error –
selection of sales – whether sales closer in location with
different uses are to be preferred over sales with similar uses
– whether market and buyer profile sales were to be preferred
– whether adjustments were to be made to adjust for market
movement over time – whether upper and lower parameters were
to be established in the absence of sales evidence – where
preferred approach is that with reduced scope for error –
where sales with similar use were preferred – where large
format retail accepted as asset class – where the approach of
the appellant's valuer was preferred – whether
assumptions made by the quantity surveyors are assumed facts
– whether the appellant's valuer could rely on the
quantity surveying evidence without investigating the actual site
conditions – where evidence of purchaser to be preferred
– whether preliminaries, margins, contingencies and
professional fees ought to be taken into account – where they
should depending on the circumstances of the sale.
Cases to 25 January 2021
Glenfield
Grange Estates Pty Ltd v Telford [2021] QCAT
11
REAL PROPERTY – RETIREMENT VILLAGES – where
residents required a retirement village scheme operator to purchase
their units in the scheme – where the operator sought an
extension of time to do that by application to the Tribunal –
where seven of the eight residents seeking sale to the operator
withdrew from the proceedings in the course of the proceedings
– where the respondent as remaining resident seeking sale to
the operator independently sold her unit to a third party in the
course of the proceedings – where the respondent at a
directions hearing asked for compensation if an extension of time
was granted – where no order extending time was necessary
given the sale of the respondent's unit to a third party
– where there was no response or counter-application filed
– whether the claim to compensation independent of
counter-application was within the jurisdiction of the Tribunal to
determine.
Retirement Villages Act 1999 Qld s 21, s 63A, s 63B, s 171A, s 191,
s 209, s 210
Queensland Civil and Administrative Tribunal Rules 2009 Qld r 48, r
50
Legislation
Queensland
Acts
COVID-19 Emergency Response and Other Legislation Amendment Act
2020
Commencement
(3)Section 39 and schedule 1 commence on 1 March 2021. Schedule 1
amends the regulation modules under the Body Corporate and
Community Management Act 1997 it mentions.
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.
