In the media
Commonwealth
APRA finalises amendments to guidance on residential
mortgage lending
The Australian Prudential Regulation Authority has
announced that it will proceed with proposed changes to its
guidance on the serviceability assessments that authorised
deposit-taking institutions perform on residential mortgage
applications (05 July 2019).
More...
Morrison Government delivers to protect farmers
The Morrison Government has introduced legislation to
protect them from the unlawful actions of animal activists. The
Criminal Code Amendment (Agricultural Protection) Bill 2019
introduces new offences for the incitement of trespass, property
damage, or theft on agricultural land (04 July 2019).
More...
PCA: Property industry confidence shows post-election
jump but challenges remain
Property industry confidence has jumped following the
federal election outcome in a positive sign for the Australian
economy, but the Property Council has warned that a number of
economic factors remain challenging for the industry which is
Australia's largest employer (04 July 2019).
More...
REIA says rate cut to help affordability for home
buyers
The RBA's decision to cut interest rates will help
affordability for home buyers, according to the Real Estate
Institute of Australia (REIA). The second cut in
as many months is a major boost to housing affordability,"REIA
President Adrian Kelly, said (02 July 2019).
More...
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...
Victoria
Melbourne Airport Plans Stall While Hotel Development
Takes Off
Planning for Melbourne Airport has included four runways
since the 1960s, but plans for construction of its third proposed
east-west runway are now subject to further government
consultation. Meanwhile, the new $250 million Fender
Katsalidis-designed hotel development at Melbourne Airport was
green-lit by the federal government (01 July 2019).
More...
Sydney and Melbourne Property Prices Rise for the First
Time Since 2017
Sydney and Melbourne dwelling values recorded a slight
uptick for the month of June, marking the first monthly increase in
housing values for the major capital cities since 2017 (01 July
2019).
More...
PCA: Industry confidence rebounds, but will house prices
skyrocket?
Property market confidence in Victoria has rebounded for
the first time in four quarters according to the ANZ/Property
Council Confidence Survey released. Despite the post federal
election boost in confidence, the Property Council has cautioned
that further leadership is required to ensure sufficient housing
supply is able to meet the needs of all Victorians (01 July 219).
More...
Flammable cladding leads to insurance crisis which could
see construction industry grind to halt
The cladding crisis has escalated with Victoria's
building industry in danger of grinding to a halt because building
surveyors can no longer get professional indemnity insurance (25
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...
Published
Growing the market for sustainable homes: industry
roadmap
CRC for Low Carbon Living, Australian Sustainable Built
Environment Council
CRC for Low Carbon Living: 01 July 2019
This strategy document is designed to accelerate action, with four
clearly defined steps: differentiate sustainable housing in the
market; train and reward the construction industry; build
awareness; and broadcast the positive business case.
More...
Social housing as infrastructure: rationale,
prioritisation and investment pathway
Australian Housing and Urban Research Institute: 26 June
2019
This research modelled ways to best finance and fund social
housing, revealing that a capital investment strategy, supplemented
by efficient financing, is substantially more cost-effective than a
commercially-financed model reliant on an operating subsidy. More...
In practice and courts
Commonwealth
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...
Cases
PCCEF Pty Ltd v Geelong Football Club [2019] VSCA
144
CONTRACT – Commercial lease – Application for
leave to appeal trial judge declaration regarding construction of
market rent review provision – Tenant succeeded before trial
judge – Landlord's construction held to be correct
– Leave granted and appeal allowed – Electricity
Generation Co v Wooodside Energy Ltd [2014] HCA 7; (2014) 251 CLR
640, Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015]
HCA 37; (2015) 256 CLR 104 applied – Growthpoint Properties
Australia Ltd v Australia Pacific Airports (Melbourne) Pty Ltd
[2014] VSC 556 distinguished.
Acapulco Gold Pty Ltd v Wallis [2019] VSC
414
APPEAL – Victorian Civil and Administrative Tribunal
– Orders under Subdivision Act 1988, s 34D(1)(a)
that owners corporation transfer part of common property to a lot
owner in return for a payment assessed to be 'fair market
value' – Whether Tribunal required to apply Spencer v
Commonwealth (1907) 5 CLR 418 in assessing 'fair market
value' of the land to be transferred – Whether Tribunal
misapplied Spencer – Whether Tribunal had regard to
irrelevant considerations – No real prospect of success on
appeal – Leave to appeal refused – Subdivision
Act 1988 (Vic), ss 32, 34A, 34D, Victorian Civil and
Administrative Appeals Tribunal Act 1998 (Vic), s 130.
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.
