In the media
Commonwealth
Australia's robust population growth means more
housing is essential
The Australian Bureau of Statistics latest figures on
population growth are robust and will need to lead to more new
housing, says the Urban Taskforce. The ABS data shows that
Australia's population grew by 1.6 per cent during 2018 with
record births (20 June 2019).
More...
Mirvac plans all-electric buildings, net zero
emissions
The listed group, which has an investment portfolio across
office, retail and industrial assets, and a development business in
both residential and commercial sectors, refreshed its
sustainability strategy in June. Last year Dexus, Cbus Property and
Nightingale Apartments joined other industry heavyweights in
committing to the Global Net Zero Carbon Buildings Commitment (20
June 2019).
More...
House prices slump as RBA all but confirms further
cuts
More than $150 billion has been wiped off the value of
Australian homes over the last six months, while the Reserve Bank
has all but confirmed further cuts to interest rates (18 June
2019).
More...
Research shows March housing decline, market to
stabilise: REIA
Property prices fell across Australia at the start of the
year with the weighted average median prices decreasing by with
houses declining 2.2 per cent and other dwellings 1.4 per cent (12
June 2019).
More...
Mortgage rate cuts not automatic for all borrowers at
all banks
Even if your bank has publicly promised to pass on this
month's Reserve Bank interest rate cut it may not automatically
apply to your mortgage, consumer advocates warn (12 June 2019).
More...
PCA: Unlocking the potential of distributed energy
Australia could triple the amount of rooftop solar by
unlocking the potential of commercial buildings, but only if the
property and energy industries work together, finds a new report
(11 June 2019).
More...
If it's voluntary for developers to make affordable
housing deals with councils, what can you expect?
Across the country, only 2 percent of private rentals are
affordable for a person on the minimum wage. Less than 1% are
affordable for a single person on the pension. There are 650,000
households who can't afford housing at market rates in
Australia right now and this figure is projected to reach over a
million by 2036 (07 June 2019).
More...
Growing demand to boost build-to-rent
Amid a backdrop of high housing costs and a growing rental
population, build-to-rent development is expected to gain more
momentum in key locations, particularly in Sydney and Melbourne,
new research shows (19 June 2019).
More...
Improving the Local Government Act
The Local Government Act is being overhauled for the first
time in nearly 30 years to pave the way for a more modern, robust
and contemporary set of guidelines. It provides a clear legislative
framework to support councils to provide essential infrastructure
and services in their areas (20 June 2019).
More...
NSW
Planning Minister Rob Stokes flags medium density
housing code review
It could be easier for landowners and developers to build
terraces and other medium-density homes in more areas of Sydney by
the end of the year. The Planning Minister Rob Stokes, is a keen
supporter of the medium-density housing code as a means to increase
the diversity of housing (13 June 2019).
More...
Queensland
Bowen Hills planning changes set new standards
Future development in Bowen Hills will deliver housing
diversity, high sustainability standards and generous communal
spaces, following an update to the Priority Development Area's
(PDA) development scheme (22 June 2019).
More...
Queensland, we have a problem with launch sites for the
space race
While Queensland's geographic position on the east
coast was technically "very favourable" for a wide range
of launch capabilities, there was no immediately identifiable
location in the state that met criteria for airspace, operations,
environment, cultural matters including issues important for
traditional owners (21 June 2019).
More...
Sunland plans residential towers at $1.3bn Gold Coast
masterplan
ASX-listed developer Sunland has lodged revised plans for
four residential towers at its $1.3 billion masterplan on the Gold
Coast. The revised scheme removes plans for four permit-approved
commercial buildings and increases the number of apartments from
298 to 310 (19 June 2019).
More...
Sekisui House unveils $1.5bn plans for Ripley town
centre
Japanese-backed developer Sekisui House has revealed its
$1.5 billion masterplan vision for Ripley Town Centre in heart of
Brisbane's rapidly growing western corridor. Ripley Valley was
declared a priority development area in October 2010 (19 June
2019).
More...
PCA: A taxing time for Queenslanders
Local and overseas property owners have again been slugged
with unjustifiable and uncompetitive land tax increases in
today's Queensland State Budget. Land tax has increased for all
property holdings over $5m in Queensland, with some offshore
investors potentially seeing a near doubling of their overall land
tax bill ( 11 June 2019).
More...
Planning amendments perfect news for Logan craft
brewers
Recently approved amendments to Logan City Council's
planning scheme will make it easier for new craft brewing business
ventures in Logan (10 June 2019).
More...
Land clearing battle moves to High Court
A battle over how land clearing is regulated across
Queensland has moved to Australia's highest court, which pits
the development industry and farming lobby against a South-East
Queensland council (10 June 2019).
More...
Published
Australian Bureau of Statistics
18 June 2019
Residential Property Price Indexes: Eight Capital Cities, Mar
2019 (cat no. 6416.0)
In practice and courts
Commonwealth
API: Withholding tax provisions – the
purchaser's obligation to pay an amount for GST on new
residential property purchases
The change in legislation applies to sale contracts for
new residential premises and land entered into from 1 July
2018. GST is detailed legislation. Valuers are NOT
tax experts and if in doubt or lacking formal tax advice, should
assume GST at 1/11th of the sale prices (10 June 2019).
More...
API: Risk rating to be assigned to flammable cladding
buildings
Inconsistent approaches to flammable cladding across the country
has prompted the Australian Property Institute
(API) to lead the way with a valuation protocol
which will assign a risk rating on properties that appear to be
clad, is known to be clad or is known to have non-compliant
cladding (03 June 2019).
More... [member access]
API: Opinion shopping for valuation metrics
In response to 'opinion shopping' for valuation
metrics, the Australian Valuation Standards Committee
(AVSC) regards requests of these types as
inappropriate and recommends that Members do not comply with
provision of the requested information. The AVSC reminds Members
that the respective International Valuation Standards 2017 and API
Code of Professional Conduct protect the interests of the public
and the industry (05 June 2019).
More...
API: Risk rating to be assigned to flammable cladding
buildings
Inconsistent approaches to flammable cladding across the
country has prompted the Australian Property Institute to lead the
way with a valuation protocol which will assign a risk rating on
properties that appear to be clad, is known to be clad or is known
to have non-compliant cladding (03 June 2019).
More... [member access]
Complex land transfer transactions to be managed
online
Land Use Victoria has mandated that complex land transfer
transactions, currently managed via paper settlement, must be
lodged and managed online from August 2019. This applies to
conveyancers and lawyers acting for a party or for themselves.
Duties Online enhancements will: Lower administration costs:
Improve settlement completion rates: Mean duty is calculated prior
to settlement: Increase data security: Ensure information is viewed
and agreed to by all parties before settlement.
GBCA important deadlines - green star certification for
your project
Many project teams have timelines set around major events.
To support this, these guidelines below (based on typical time
frames), which specify the deadlines you'll need to meet in
order to have your project certified in time for key milestones in
2019. Deadlines are from 08 April – 04 November 2019.
More...
Announcements, Draft Policies and Plans released 2019
Queensland
Brisbane City plan amendments
Brisbane City Council has adopted amendments to the
Brisbane City Plan 2014. These include: Retirement and
Aged Care Amendments and The Gap Neighbourhood Plan. Further
information can be found on
Brisbane City Council's website. (14 June 2019)
Sunshine Coast incentives
Sunshine Coast Council has announced a three-year
extension to its Infill Development Incentives Policy which offers
incentives for infill development on the Sunshine Coast. All
applications for an incentive must be submitted to Council between
1 July 2019 and 30 June 2022. Further information is
available here. (14 June 2019)
Titles Registry Alert No 151: Leases and
Caveats
The Land Title Practice Manual was recently updated to reflect
these changes (14 June 2019):
Leases Surrendered by Operation of Law
There are new requirements when an existing registered lease is
surrendered by operation of law as a result of the lodgement of a
new lease. Refer to section
69(3) of the Land Title Act 1994 and the Land Title
Practice Manual
[7-2110] for more information.
Caveat Notices – Notifying the Registrar by way of a Form
14 – General Request
Customers are reminded that a
Form 14 – General Request must be deposited by the usual
lodgement methods to notify the Registrar of the following caveat
matters outlined here. Notifying the Registrar of the above caveat
matters using other methods (e.g. by e-mail or letter) is not
sufficient to comply with the relevant requirements under the
Land Title Act [1994]
OSR update: eConveyancing expansion
The OSR has announced an expansion of the type of
transactions that can be self assessed via an eConveyancing
lodgment network operator (ELNO).In a staged expansion, the first
group of transaction types is now available. The first stage
enables the processing of most transfers of land effected by a Form
1 Transfer, registered with the Queensland Titles Registry. To
assist with processing transactions via an ELNO, OSR has published
updates to the
SA1—Self assessment of transfer duty—Instructions for
registered self assessors (version 16) and to the
electronic conveyancing toolkit.
SA1 - Self assessment of transfer duty –
Instructions for registered self assessors
The SA1 has been updated to reflect the changes to e-conveyancing
and is available at
Queensland Government publications.
Queensland Urban Utilities: Water and sewerage charges
2019-20
Queensland Urban Utilities has announced an increase in
charges for residential and commercial properties. Increased
charges apply to water and sewerage. QUU's website provides a
full breakdown of prices across the five regional areas: Brisbane,
Ipswich, Lockyer Valley, Scenic Rim and Somerset. The full
breakdown of the new pricing is available on
QUU's website. (06 June 2019)
Revised Queensland Titles Registry fees
The new fees for the 2019–2020 financial year are
prescribed in the Natural Resources, Mines and Energy
Legislation (Fees) Amendment Regulation 2019 which is
available on the Office of the Queensland Parliamentary Counsel
website. The Titles Registry online fee calculator will be
updated on 1 July 2019 to reflect the revised fees that commence on
that date.
More...
Land Title Practice Manual Reminder: Paper Certificates
of Title are changing
Please be aware that the way in which the Titles Registry
deals with paper certificates of title (paper CTs) is changing. As
of 1st October 2019, paper CTs will no longer have any legal
effect. From 1st October 2019, there will no longer be the option
to lodge a Form 19 - Application for certificate of title.
Similarly, a Form 17 – Request to Dispense (with production
of a CT) will become redundant as of 1st October 2019.
More...
Note: Safer Buildings: Parts 2 and 3a deadlines
extended
Bodies corporate and building owners across Queensland
have been given additional time to complete Parts 2 and 3a of the
Safer Buildings combustible cladding checklist. The new deadlines
will be as follows:
Part 2: extended from 29 May 2019 to 31 July 2019
Part 3a: extended from 27 August 2019 to 31 October 2019.
More...
Queensland
Revised Queensland titles registry fees
The new fees for the 2019–2020 financial year are prescribed
in the Natural Resources, Mines and Energy Legislation (Fees)
Amendment Regulation 2019 which is available on the Office of the
Queensland Parliamentary Counsel
website. The Titles Registry online fee calculator will be
updated on 1 July 2019 to reflect the revised fees that commence on
that date.
More...
Cases
Victoria
Caligiuri & Anor v Attorney General (on behalf of the
State of Victoria) & Ors (No 2) [2019]
VSC 365
JUDICIAL REVIEW – Land acquisition –
Procedural fairness – Whether procedural fairness requires
persons with an interest in land to be acquired to be heard before
the Governor in Council can certify on the recommendation of the
Minister that it is unnecessary, undesirable or contrary to the
public interest for land to be reserved under a planning instrument
for a public purpose – Whether obligations of procedural
fairness arise before an acquiring authority can decide to serve a
notice of intention to acquire land or notice of acquisition
– Whether a notice of intention to acquire land is invalid as
a result of miscalculation of the area of an easement –
Whether a notice of acquisition is invalid due to failure to serve
notice of intention to acquire on a party with an interest in the
land – Land Acquisition and Compensation Act 1986
(Vic) ss 1, 3, 4, 5(1), 5(3), 6, 7, 8, 9, 10, 12, 19, 21–24,
26, 105 – Planning and Environment Act 1987 (Vic) ss
6(2)(c), 20(3)(a)(i).
Provans Timber Pty Ltd v Secretary to the Dept of
Economic Development, Jobs, Transport and Resources
[2019] VSC 390
LAND ACQUISITION AND COMPENSATION – Land
compulsorily acquired for East West Link Project – Land used
for hardware business – Owner of land and tenant related
companies – Compensation to landowner claimed on higher use
than current use – Highest and best use – Secretary to
the Department of Economic Development, Jobs, Transport and
Resources v Manor Lakes (Werribee) Pty Ltd [2017] VSCA 114;
ISPT Pty Ltd v Melbourne City Council [2008] VSCA 180;
(2008) 20 VR 447– Construction of initial offer of
compensation – Whether a single indivisible offer or three
separate offers – Whether Authority bound by offer of
relocation costs – Whether offer of relocation costs
contained information that was incorrect – Whether relocation
costs 'the natural, direct and reasonable consequence' of
compulsory acquisition – Meaning of 'natural, direct and
reasonable' – Halwood Corporation Ltd v Roads
Corporation (1995) 89 LGERA 280; Melbourne City Link
Authority v Teford Pty Ltd [2001] VSCA 54; (2001) 113 LGERA
102; Roads and Maritime Services v United Petroleum Pty
Ltd [2019] NSWCA 41 – Whether award of compensation for
relocation costs precluded by s 41(2) of the Land Acquisition
and Compensation Act 1986 – Peter Croke Holdings Pty Ltd
v Roads and Traffic Authority of New South Wales (1998) 101 LGERA
30 – Whether award of compensation for relocation costs
inconsistent with assessment of market value based on vacant
possession – Whether claimants to be treated 'as one'
– Land Acquisition and Compensation Act 1986 (Vic),
ss 30, 31, 31(8), 40, 41(1)(d), 41(2), 53; Valuation of Land
Act 1960 (Vic), s 5A(3).
Gray v Minister for Energy, Environment and Climate
Change [2019] VSC
382
TOWN PLANNING – Victorian Civil and
Administrative Tribunal Act 1998 s 148 – Tribunal
decision to refuse permits required with respect to proposed
dwelling and proposed works – Authority of Departmental
Officer to object to grant of permit – Authority to institute
application for review of local Council's decision –
Tribunal finding as to access – Whether access track a public
highway – Whether Tribunal's conclusions as to access
track correct – Whether Tribunal's reasoning with respect
to bushfire risk, removal of native vegetation and impact on
waterways open – Leave to appeal refused.
Japara Developments Pty Ltd v Knox CC (Red
Dot) [2019] VCAT
828
Planning application for a residential aged care
facility
LOCATION OF PASSAGES OF INTEREST
Paragraphs 5-8 (Law); Paragraphs 35-41 (Consideration of a VPP
provision); Paragraphs 48-70 (Analysis)
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE
LAW – issue of interpretation or application - That the
requirements of clause 53.17 override requirements of the
applicable Zone and Overlays but do not override policy
considerations.
PLANNING SCHEME – interpretation or consideration of VPP
provision
Consideration of clause 53.17 in a context of policies, zone
provisions and overlays that discourage large, bulky built
form.
ANALYSIS – exposition of how to asses an issue or matters to
consider
Queensland
Council of the City of Gold Coast v McKean &
Ors [2019] QPEC 28
ENVIRONMENT AND PLANNING – BUILDING CONTROL –
COUNCIL CONSENT AND APPROVAL – MATTERS FOR CONSIDERATION BY
COUNCIL – FIRE AND SAFETY – Where there are no
development permits for material changes of use of the land –
where the first respondent has a building permit for a dwelling on
the property – where the first respondent was unable to avoid
the requirement of a code assessable development application
– Whether there was a requirement at the time of the issue of
the building permit for a development permit for a material change
of use for a dwelling house under the Planning Act
2016.
ENVIRONMENT AND PLANNING – OPERATION OF STATUTORY CONTROLS
– ENFORCEMENT – OBJECTIONS TO COMPLIANCE – Where
the applicant argues the respondent was granted a building permit
despite non-compliance with s 83 of the Building Act 1975
– where the applicant argues this is amounts to a breach of a
fundamental precondition – Whether the building permit was
either void ab initio or voidable
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– COSTS – GENERAL MATTERS – POWER TO AWARD
GENERALLY – STATUTORY BASIS GENERALLY – Where parties
generally bear their own costs – whether the first respondent
should be ordered to pay the applicant's costs for having no
reasonable prospects of success.
Building Act 1975 Qld s 83; Planning Act 2016 Qld s 260; Planning and Environment Court Act 2016 Qld s 59, s 60
Council of the City of the Gold Coast v Ashtrail Pty Ltd
& Anor (No.2) [2019] QPEC
26
The substantive proceeding was concerned with an
application brought by the Council of the City of Gold Coast (the
Council) against Ashtrail and Talranch. The relief sought was
essentially for declaratory relief and consequential enforcement
4orders pursuant to s11 of the Planning and Environment Court
Act 2016 (PECA) and s180 of the Planning
Act 2016. Planning and Environment Court Act 2016
Qld; Planning Act 2016 Qld; Uniform Civil Procedure Rules
1999 Qld
Dobeson v Ray White Sherwood [2019]
QCAT 155
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES
– residential tenancy – when a residential tenancy
agreement starts – conditions precedent – unlawful
termination
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION –
GENERAL APPROACHES TO INTERPRETATION – GENERAL WORDS –
Residential Tenancies and Rooming Accommodation Act 2008
(Qld) – lease agreement – written, oral or implied
terms – what must be in writing. Residential Tenancies
and Rooming Accommodation Act 2008 Qld ss 12(3), 58(1), 61,
61(6)(b), 62(1), 62(2), 64(5), 87, 159
Crosswell & Anor v Thompson
[2019] QCAT 153
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING
– PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND
ENVIRONMENT AND PLANNING – TREES, VEGETATION AND HABITAT
PROTECTION – DISPUTES BETWEEN NEIGHBOURS – whether land
is zoned rural under relevant planning scheme – whether the
Neighbourhood Disputes (Dividing Fences and Trees) Act
2011 (Qld) applies to the trees the subject of the dispute
– whether Tribunal has jurisdiction to hear and decide the
dispute.
Rowan v Commissioner of State Revenue
[2019] QCAT 151
TAXES AND DUTIES – LAND TAX – LIABILITY
FOR LAND TAX – Review of a decision of the Commissioner of
State Revenue pursuant to section 69(2)(b) of the Taxation
Administration Act 2001 (Qld) – where land tax
assessment by the Commissioner is calculated on the basis that the
applicant was an 'absentee' pursuant to section 31 of the
Land Tax Act 2010 (Qld) – whether the applicant was
'an absentee' pursuant to section 31 of the Land Tax
Act 2010 (Qld)
Gold Coast City Council v Sunland Group Limited &
Anor [2019] QCA
118
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS WITH
ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING AND
ENVIRONMENT COURT AND ITS PREDECESSORS – OTHER MATTERS
– where the applicant had issued infrastructure charge
notices to the respondent – where the respondent appealed the
applicant's decision to issue the infrastructure charge notices
to the Planning and Environment Court – where the Planning
and Environment Court made declarations overturning the imposition
of the infrastructure charge notices – whether the Planning
and Environment Court erred in their decision
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES –
RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES
– where the applicant issued notices to the respondent each
under s 635 of the Sustainable Planning Act 2009 (Qld) in
order to levy charges on the respondent for trunk infrastructure
– where the respondent filed an appeal against the
appellant's decision to issue the notices – where the
learned primary judge held that the notices were not in accordance
with s 637(2) of the Sustainable Planning Act 2009 (Qld)
and were not infrastructure charge notices under the
Sustainable Planning Act 2009 (Qld) – where the
applicant has sought leave to appeal against the declarations of
the learned primary judge – whether the learned primary judge
erred in declaring that the notices did not comply with the
Sustainable Planning Act 2009 (Qld) and were not
infrastructure charge notices under the Act
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION –
INTERPRETATION ACTS AND PROVISIONS – where it is contended
the questions raised on appeal are of specific importance to the
applicant as the entity responsible for issuing infrastructure
charge notices in its local government area – where it is
contended that the questions raised on appeal are of importance to
other local governments throughout Queensland – where the
resolution of the issues are relevant to the applicant's
budgeting and financial resources – where it is submitted
that the appeal raises critical questions about proper statutory
construction – where is its contended that the Planning and
Environment Court erred in holding that a failure to comply with s
637(2) of the Sustainable Planning Act 2009 (Qld) rendered
the notices invalid – where it is submitted that the Planning
and Environment Court erred by not refusing the declarations sought
by the respondent – whether s 637(2) of the Sustainable
Planning Act 2009 (Qld) was correctly interpreted by the
learned primary judge
STATUTES – ACTS OF PARLIAMENT – OPERATION AND EFFECT OF
ACTS – RETROSPECTIVE OPERATION – where the Court
granted the parties leave to make supplementary submissions as to
the impact of s 344 of the Planning Act 2016 (Qld) on the
appeal – where the applicant contends that s 344 of the
Planning Act 2016 (Qld) has a retrospective effect,
applying to infrastructure charge notices issued on or after 4 July
2014 – where the respondent contends that the appeal must be
determined upon the law as it stood at the hearing below –
where it is submitted that as s 344 of the Planning Act
2016 (Qld) was not in existence at the time of the notice and
therefore cannot apply – whether s 344 of the Planning
Act 2016 (Qld) operates in a retrospective sense or not. Acts
Interpretation Act 1954 Qld s 27B; Planning Act
2016 Qld s 344; Sustainable Planning Act 2009 Qld s
478, s 635, s 637(1), s 637(2)
Goldicott House Pty Ltd v Brisbane City Council &
Ors [2019] QPEC 25
PLANNING AND ENVIRONMENT – APPLICATION –where
orders of this court have previously identified the issues in
dispute – where Council now seeks to extend issues in dispute
to include the matters dealt with in the reports – where
joint expert reports went beyond the identified issues
F A Pidgeon & Son Pty Ltd v
Valuer-General [2019] QLC
26
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS
AND APPEALS – QUEENSLAND – where appellant objects to
valuation – where the site value is the basis of valuation
– where sales have a different highest and best use to the
subject – where sales are described as not directly
comparable – where expert opinion comparison is required
– where expert opinion of one expert significantly changed
during oral evidence – what was the result of the
valuer's concession
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND
APPEALS – QUEENSLAND – NOTICE OF APPEAL –
evidence – burden of proof – whether the appellant has
met the onus of proof
EVIDENCE – ADDUCING EVIDENCE – WITNESSES –
COMPETENCE AND COMPELLABILITY – where expert provides
inconsistent evidence Land Valuation Act [2010].
Legislation
Queensland
Subordinate legislation as made
No 100
Queensland Building and Construction Commission (Minimum Financial
Requirements) Amendment Regulation (No. 2) 2019 - 14 June
2019
No 104
Planning Legislation (Fees and Other Matters) Amendment Regulation
2019
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.
