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Inside track: Property & Real Estate

26 February 2019

#Property & Real Estate

Inside track: Property & Real Estate

In the media

Commonwealth

When your home is a fire risk but you can’t afford to fix it
There are hundreds of buildings around Australia covered in combustible cladding, but fixing the problem is expensive and the only government scheme is yet to hand out a single loan (16 February 2019).  More...

LandMark White in trading halt following fallout from data breach
Property valuer LandMark White has gone into a trading halt pending a statement regarding the fallout from a data breach that occurred on 4 February 2019. The Commonwealth Bank, National Australia Bank, and ANZ have all suspended contacts with the valuer (15 February 2019).  More...

Tourism boom drives ‘unprecedented’ hotel development
Australia's accommodation sector is set welcome 45,000 new rooms over the next six years catering to changing demands, travellers and demographics (15 February 2019).  More...

Housing market may trigger economic instability in 2019
Australia’s economy didn’t fare so badly in 2018, but high household debt and falling house prices pose significant risks to the nation’s economy in 2019, according to CEDA’s annual political and economic overview (14 February 2019).  More...

Government response to Banking Royal Commission
The Property Council of Australia has welcomed the Government’s response to the final report of the Royal Commission. Mr Morrison noted the significant changes proposed for the mortgage broking industry which could have important consequences for the residential property industry (4 February 2019).  More...

Victoria

It could take two years to replace flammable cladding in Melbourne, says building authority
Victorian planning minister Richard Wynne says removing flammable cladding from the most high-risk buildings in Melbourne is a “complex problem which will take some time to fix properly” (12 February 2019).  More...

Removal of dangerous chemicals from Epping sites
A WorkSafe-led taskforce including Environment Protection Authority Victoria (EPA) and fire services has begun the complex task of removing chemicals stockpiled at eight sites in Epping and Campbellfield (6 February 2019).  More...

New South Wales

Biggest overhaul of building laws in New South Wales following opal
Plans to overhaul the New South Wales building and construction sector are underway with new reforms the state government says will ‘shake up’ the way high-rise towers are regulated (11 February 2019).  More...

Queensland

Brisbane tower hits the block in strong office market
A recently refurbished commercial office tower located in Brisbane's golden triangle will hit the market this month (14 February 2019).  More...

Gold Coast real estate agent fined for keeping rent money
A Gold Coast real estate agent was fined $20,000 in the Southport Magistrates Court on 11 February after charges were brought by the Office of Fair Trading (OFT) for wrongfully converting trust money (12 February 2019).  More...

South-East Queensland economy could be "$58 billion bigger" under new deal
South-East Queensland’s economy could be “$58 billion bigger” if the federal government committed “money, not words” to support its three-year bid for a City Deal, deputy premier Jackie Trad said (12 February 2019).  More...

Brisbane DA lodged for 'record sale' site in new farm
One of Brisbane's best parcels of land is now the site of one of the city's most ambitious houses, according to a development application lodged with Brisbane City Council (11 February 2019).  More...

In practice and courts

Commercial Building Disclosure (CBD) 2019 program review
The independent review will consider whether to expand mandatory disclosure of energy use into other high energy-using buildings such as data centres, office tenancies, hotels and shopping centres. The CBD Program requires lessors and sellers of large commercial office space (1,000m2+) to provide energy efficiency information to prospective buyers and tenants. Public responses to the Issues Paper are due 4 March 2019.  More...

NABERS update and CBD Legislation review - Have your say!
NABERS has achieved $400m in energy bill savings since 2010 – rates 81 per cent of Australia’s office space and has saved over 800,000 tonnes of CO2 emissions – but would expansion of legislation requirements be reasonable for the industry and the community and what is the cost/benefit balance? Consultation dates have been set for February across the country and registration will be available shortly here.

Victoria

Announcements, Draft Policies and Plans released 2019

Emergency order extended for 200 Spencer street
The City of Melbourne has advised residents of the NEO 200 apartment building on Spencer Street that the Municipal Building Surveyor has issued additional notices and orders extending the Emergency Order prohibiting access to the building (6 February 2019).  More...

City of Melbourne: Proposed lease
Notice is given pursuant to sections 190 and 223 of the Local Government Act 1989 (Act) that the Melbourne City Council (Council) proposes to enter into a lease with Fawkner Park Children’s Centre Co-operative Ltd over the child care centre at 65 Toorak Road West South Yarra for the purpose of a child care centre (‘Proposal’). Submissions are due before Thursday 7 March 2019.  More...

SRO reminder: 2019 land tax assessments
The first of the 2019 land tax assessments will soon be distributed, with more to come over the next couple of months. If you own property in Victoria, paying land tax depends on the land you own, what it is used for, and its total value. You pay land tax if the total value of all taxable land you own is $250,000 or more. If you are an absentee owner you may have to pay a surcharge (4 February 2019).  More...

Cases

Victoria

Durney v Unison Housing Ltd [2019] VSC 6
JUDICIAL REVIEW – Whether private body amenable to judicial review - not for profit company – company limited by guarantee providing social and affordable housing – registered housing association – notice to vacate withdrawn – decision to restrict tenant’s access to staff – R v Panel on Takeovers and Mergers; ex parte Datafin plc [1986] EWCA Civ 8; [1987] QB 815 – application of Datafin principle – Residential Tenancies Act 1997 (Vic) s 263, s 330(1) – Housing Act 1983 (Vic) ss 97–100.

Newland International (Vic) Pty Ltd v Maunder [2019] VSC 33
LANDLORD AND TENANT – Retail leases – rent review – whether lease provisions permit retrospective rent review – whether time of the essence – United Scientific Holdings v Burnley Borough Council [1978] AC 904 – Gollin & Co Ltd v Karenlee Nominees Pty Ltd [1983] HCA 38; (1983) 153 CLR 455 – GR Mailman & Associates Pty Ltd v Wormald (Aust) Pty Ltd (1991) 24 NSWLR 80 – Tyco Fire and Security v Norfolk Mechanical [2007] NSWSC 585 – Construction of commercial contracts – Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; (2015) 256 CLR 104.

ESCO Pacific Pty Ltd v Wangaratta RCC [2019] VCAT 219
Section 79 of the Planning and Environment Act 1987 – Wangaratta Planning Scheme – renewable energy facility – visual impact – Heritage, Native vegetation removal – setbacks – visual screening with native vegetation.

Huang v Whitehorse CC [2019] VCAT 211
Whitehorse Planning Scheme – medium density housing and preferred neighbourhood character in an area of Natural Change – achievement of an appropriate landscape character outcome – off-site amenity outcomes from medium density housing.

Winky Pop Pty Ltd v The State of Victoria & Mobil [2019] VSCA 9
ESTOPPEL – Issue estoppel – negligence, nuisance – damages – contamination of land – applicants sought identical relief against both respondents – second respondent admitted liability – trial proceeded against second respondent only – pre-trial order that first respondent be bound by trial findings – first respondent participated in trial – applicant’s claims dismissed as against second respondent – whether applicant estopped from proceeding against first respondent on identical claims – whether abuse of process – leave to appeal refused – Blair v Curran [1939] HCA 23; (1939) 62 CLR 464, Port of Melbourne Authority v Anshun [1981] HCA 45; (1981) 147 CLR 589, Tomlinson v Ramsay Food Processing [2015] HCA 28; (2015) 256 CLR 507 applied.

Marc & Adam Station Pier Pty Ltd v Schiavello Bros. Properties Pty Ltd & Anor [2019] VSC 20
JUDICIAL REVIEW AND APPEALS – Application for leave to appeal from a decision of VCAT granting summary dismissal of claim that Second Respondent made misleading or deceptive representation as to the term of a head-lease to Applicant – whether claim is frivolous, vexatious, misconceived or lacking in substance - no express representation or representation by silence made - no duty to correct any misapprehension on the part of the Applicant – no error of law established – leave to appeal refused in respect of proposed grounds of appeal 1 to 4 – leave to appeal granted in respect of grounds 5 and 6 – appeal heard instanter and dismissed in respect of ground 5 and allowed in respect of ground 6.

Queensland

Hotel Property Investments Ltd v Council of the City of Gold Coast [2019] QPEC 5
PLANNING AND ENVIRONMENT – APPEAL – Appeal against refusal of a development application to change a development approval for showrooms and a café to an office.
ASSESSMENT – Compliance with the planning scheme – whether the proposed development complies with the planning scheme – whether there are relevant matters to justify approval of the proposed development.

Di Carlo v Brisbane City Council [2019] QPEC 4
PLANNING AND ENVIRONMENT – APPEAL – Appeal against refusal of development application for demolition of a dwelling house constructed in 1946 or earlier.
ASSESSMENT - Compliance with the planning scheme – exercise of discretion pursuant to s 60(2)(b) of the Planning Act 2016 (Qld).

Body Corporate for ‘Nautilus Gold Coast’ v Valuer-General (No 2) [2019] QLC 5
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND APPEALS – QUEENSLAND – GENERALLY – Where appellant objects to valuation on objection – where land zoned high density residential – where subject is non-rural land under the Land Valuation Act – where the respondent’s valuer relies upon comparable sales to determine value – where adjustments are made to developed sites for comparability.
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND APPEALS – QUEENSLAND – NATURE OF APPEAL – Where appellant bears the evidentiary onus – where no independent expert evidence is called by the appellant – where the appellant relies upon its own lay evidence – where appellant relies upon Departmental policies – where appellant joins issue with the valuation process and market-based movement factor adopted by the respondent’s valuer – where appellant fails to meet evidentiary onus.

Parker v Mitchell [2019] QCA 2
Residential Tenancies and Rooming Accommodation Act 2008 Qld s 297.
Queensland Civil and Administrative Tribunal Act 2009 Qld ss 35, 142, 145, 150, 152.

Contacts:

Melbourne
Chris Lovell, Chairman
T: +61 3 9321 9832
E: chris.lovell@holdingredlich.com

Lou Farinotti, Senior Partner
T: +61 3 9321 9861
E: lou.farinotti@holdingredlich.com

Chris Brodrick, Partner
T: +61 3 9321 9804
E: christopher.brodrick@holdingredlich.com

Lisa Cody, Partner
T: +61 3 9321 9872
E: lisa.cody@holdingredlich.com

Richard Skopal, Partner 
T: +61 3 9321 9866
E: richard.skopal@holdingredlich.com

Joseph Monaghan, Partner 
T: +61 3 9321 9857
E: joseph.monaghan@holdingredlich.com

Sydney
Robina Kidd, Partner
T: +61 2 8083 0454
E: robina.kidd@holdingredlich.com

Vanya Lozzi, Partner
T: +61 2 8083 0462
E: vanya.lozzi@holdingredlich.com

Cameron Sheather, Partner
T: +61 2 8083 0461
E: cameron.sheather@holdingredlich.com

Breellen Warry, Partner
T: +61 2 8083 0420
E: breellen.warry@holdingredlich.com

Brisbane
Ron Eames, Partner
T: +61 7 3135 0629
E: ron.eames@holdingredlich.com

Katie Miller, Partner
T: +61 7 3135 0606
E: katie.miller@holdingredlich.com

Peter Nugent, Partner
T: +61 7 3135 0632
E: peter.nugent@holdingredlich.com

Gerard Timbs, Partner
T: +61 7 3135 0644
E: gerard.timbs@holdingredlich.com

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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