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Inside track: Property & Real Estate

26 March 2019

#Property & Real Estate

Inside track: Property & Real Estate

In the media


Government changes its tune on mortgage broker reforms
The Morrison government has back flipped on mortgage broker pay, just weeks after agreeing to the banking royal commission’s recommendation to prohibit trail commissions for new loans from mid-2020 (14 March 2019).  More... 

PI ‘crisis’ as insurers retreat from cladding risk
Insurers are pulling back from exclusion-free professional indemnity (PI) cover for building surveyors and fire engineers, sparking fears the construction industry could “grind to a halt” (11 March 2019).  More... 

PCA: Stakeholders invited to provide feedback on new accreditation standards
The Property Council of Australia and Leading Age Services Australia (LASA) are inviting industry, residents and stakeholders to provide feedback on the retirement living sector’s proposed new set of accreditation standards (08 March 2019).  More...  

Building construction shrinking at a ‘concerning rate’
Flagging market confidence and pressure on house prices are weighing heavily on Australian construction, with house building contracting at its fastest rate in more than six years (08 March 2019).  More...

Why time’s up for supermarkets and supermarkets property
In any new estate where a retail hub is planned, a supermarket is generally the anchor tenant. But like any other building or business, supermarkets are having to get with the sustainability agenda (07 March 2019).  More... 

Deteriorating outlook hits developers in residential, retail sectors
The February reporting season has now ended, and Australia’s residential and retail property subsectors recorded worse than expected results (06 March 2019).  More... 

Lacrosse fire ruling sends shudders through building industry consultants and Governments
VCAT Judge Ted Woodward has ordered the owners be immediately paid A$5.7 million in damages. The judge also indicated that the owners would receive most of the balance of their A$12.7 million claim – including nearly A$6 million in calculated costs of compliance with building codes (05 March 2019).  More...  


Warren and Mahoney’s Collins wharf towers recommended for approval
The City of Melbourne has backed an application for two residential towers designed by Warren and Mahoney for Collins Wharf, the $1.2 billion development precinct by the Yarra River at the west end of Collins Street (13 March 2019).  More...  

EPA fines Portland company over noise
EPA has fined a Portland engineering firm more than $8,000 after noise complaints from residents with homes near its Cellana Court premises(12 March 2019).  More...  

Petition to remove concrete channelling from Moonee Ponds Creek
People are being urged to help reverse one of the “worst planning disasters” in Victoria’s history (12 March 2019).  More...  

City of Melbourne launches Climate Change Mitigation Strategy
ASEBC welcomes the City of Melbourne’s Climate Change Mitigation Strategy, which recognises the significant capacity of the built environment to contribute to emissions reductions and plans to transition the municipality to 100 percent renewable energy (11 March 2019).  More... 

Get tougher on dangerous cladding, UK expert warns
Judith Hackitt, Chairman of the UK’s Independent Review of Building Regulations and Fire Safety, has criticised the State Government for banning flammable cladding on new buildings but doing too little about current non-compliant buildings (04 March 2019).  More... 

Planning for renewable energy transformation
Minister for Planning Richard Wynne has made changes to state planning rules to ensure planning permits will now be required for the power lines that connect new large-scale electricity generators to the energy network (05 March 2019).  More...  

Crown's $2bn proposal for Australia's tallest tower stalls
ASX-listed Crown Resorts’ plans to build Australia’s tallest tower in Melbourne have put in limbo after the Victorian government refused to extend the development permit (04 March 2019).  More... 


Gold Coast developer wins approval for $140m project
Gold Coast-based Aniko Group has received development approval for its $140 million “resort-style” residential precinct in Hope Island (14 March 2019).  More... 

New foodie laneway planned near the heart of Brisbane’s luxury retail strip
Aria Property Group has ditched approved plans for an 82-storey mixed-use tower in Brisbane’s CBD, opting instead to transform a run-down laneway behind the site into a food-and-beverage retail precinct (14 March 2019).  More... 

Gold Coast Ocean Park aims to be a sustainable jewel for state
Sustainability is a prime feature of the new “Ocean Park” unveiled for the Gold Coast with blueprints endorsed by environmental groups. Plans for the 140-hectare park include water recycling systems and green infrastructure that “supports ecological diversity, climate resilience and user comfort”(12 March 2019).  More...  

Valuer-General releases 2019 Property Market Movement Report
Queensland’s Valuer-General has released the 2019 Property Market Movement Report which provides statewide commentary for the next round of Queensland land valuations (05 March 2019).  More... 

Thousands sign petition to investigate historic Aboriginal land sale
Thousand of people have signed a state government e-petition asking for an examination of how Ipswich land that was held as an aboriginal reserve was sold as freehold land (07 March 2019).  More... 

Palaszczuk Government helps protect local heritage places in Brisbane
The Palaszczuk Government will give the Brisbane City Council new powers to issue repair and maintenance notices to protect local heritage-listed places from becoming dilapidated (06 March 2019).   More... 

Government issues third Stop Order on Broadway Hotel
The Palaszczuk Government has issued another Stop Order on the Broadway Hotel to protect the important heritage building from demolition (05 March 2019).  More... 

Queensland land values are on their way up
The latest 2019 Property Market Movement Report released shows land values are on their way up (04 March 2019).  More...  

Published - articles, papers, reports


Towards good environmental governance? Assessing the evolution of Victoria's environment portfolio
Brian Coffey; Parliamentary Library and Information Service (Vic): 07 March 2019
This research investigates Victoria’s overarching approach to environmental governance. It provides an account of Victoria’s environment portfolio, how it has evolved to meet changing priorities, and what might be done in the future.  More...  

In practice and courts


Member Alert - Recent CoreLogic advice regarding 'valuer data processing and security terms' - Do not sign
This alert is directed to those Valuer Members and their Corporate Employers who undertake mortgage valuations via the ValEx/CoreLogic system. This matter may pose significant legal risks to Members undertaking mortgage valuations via the ValEx/ CoreLogic system, and PI Insurance providers will also need to be consulted to ensure that Members have appropriate levels of cover (11 March 2019).  More... 

Australian Retirement Village Accreditation Scheme (ARVAS) draft standards consultation
The draft standards have been designed to be a practical and relevant tool for retirement village operators and have been broken up into seven quality areas. Stakeholders are encouraged to send their feedback to the Property Council's email here or LASA here  by 12 April 2019. The draft ARVAS standards can be downloaded here.

GBCA - Policy Perspective - 07 March 2019
Milestone for low energy buildings in Australia; Commercial Building Disclosure Program review underway; GBCA welcomes NSW government sustainability measures; NABERS invites feedback; NABERS released its strategic plan for the next five years; Driving policy leadership.  More... 

GBCA: Important Deadlines - Green Star certification for your project
We understand that many project teams have timelines set around major events. To support this, we’ve created the 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 (07 March 2019).  More... 

APIV Scheme Update – Low Risk Valuations Amendment
The API is pleased to advise that the LRV Scheme Amendment has now progressed to public notification stage. The public consultation expires on 21 March 2019. Further information regarding the Scheme Amendment Application can be found in the Public Consultation Document here. The Amending Instrument and resulting APIV Scheme document can be found here

NABERS update and CBD Legislation review - Have your say
NABERS has achieved $400m in energy bill savings since 2010 – rates 81% 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?.  More.... 

Reminder: Retirement Living Code of Conduct
To ensure signatories meet the code’s standards and that appropriate resources are in place to support the code’s administration, the code will operate in a transitional stage until 31 December 2019. From 1 January 2020, residents will be able to make a complaint against a code signatory if they believe their community is not meeting the code standards. A copy of the Retirement Living Code of Conduct can be downloaded here

PCA: Pre-Register for the Retirement Living Code of Conduct
Retirement community operators that sign up to the Retirement Living Code of Conduct will be listed on our website and promoted as a signatory, enabling current and prospective residents to easily identify them when making their decision to move to a retirement community.  The Property Council invites all retirement community operators to sign up to the Code, and demonstrate your commitment to your residents by registering your interest through the website here

ISCA Transform 2019, 19-20 March 2019
From carbon to climate change and resilience, sustainable supply chains to the future of our housing market, the Green Building Council of Australia (GBCA) is exploring how the property industry can extend its reach to create sustainable buildings, cities and communities for the future.  More... 

Announcements, Draft Policies and Plans released 2019 


Office of State Revenue Land Valuation Notices – 7 March 2019
The Department of Natural Resources, Mines and Energy has recently commenced issuing the 2019 land valuations. Depending on the ownership and use of the land, land owners may be eligible for a land tax exemption. Public rulings are available to explain the legislation and should help you or your client when applying for an exemption.  More...  

Environmental offsets framework discussion paper
A discussion paper on Queensland’s environmental offsets framework has been released by the State Government, aimed at seeking community and industry feedback on the policy’s effectiveness. While the Environmental Offsets Act 2014 proposes to simplify and regulate the offsets framework. The review is seeking responses in relation to five key areas. Consultation on the discussion paper closes on 15 April 2019

Combustible Cladding Checklist: Registrations close 29 March
Relevant building owners have one month remaining to complete the first stage of the Queensland Government's mandatory ‘combustible cladding checklist’. The online checklist is part of the Building and Other Legislation (Cladding) Amendment Regulation 2018, which is aimed at identifying buildings in Queensland that may have potentially combustible cladding, built, or had the cladding altered, after 1 January 1994 but before 1 October 2018. Building owners must register and begin the new statutory three stage process through the 'Safer Buildings' website here

Queensland's new waste management and resource recovery strategy
A Community Summary has been developed to provide simple actions to help Queenslanders reduce their own waste, boost recycling and reduce the impact of rubbish in our natural environment. The draft Waste Management and Resource Recovery Strategy and the Community Summary are open for public submissions which are due by 5 April 2019.  More... 



JCDecaux Australia Pty Ltd v Melbourne CC [2019] VCAT 347
Melbourne Planning Scheme; Applications pursuant to Section 77 of the Planning and Environment Act 1987; Capital City Zone Schedules 1 and 2 (CCZ1 and CCZ2); Heritage Overlays (HOs 500, 502, 504, 505 and 509); Thirty-four electronic promotion signs on tram stops in Central City; Visual impact on heritage fabric; Visual impact; Urban design; Public amenity; Walkability. 

Venture Capital Developments Pty Ltd v Banyule City Council [2019] VCAT 350
Section 149(1)(b) and section 79 of the Planning and Environment Act 1987; Banyule Planning Scheme; General Residential Zone Schedule 1; Design and Development Overlay Schedule 12; Vegetation Protection Overlay Schedule 3; Nine dwellings; Built form response; s.173 agreement preventing applicant from constructing more than one dwelling without the agreement of the responsible authority. No permit

DJM Group Pty Ltd v Calypso Sports Pty Ltd (Building and Property) [2019] VCAT 325
RETAIL LEASES–GUARANTEE–Guarantee of corporate tenant’s obligations allegedly signed by third respondent at a time when she was the domestic partner of the second respondent, one of the tenant’s shareholders–alleged in the alternative that it was signed by the second respondent as the third respondent’s agent, with the third respondent’s knowledge–signing by the third respondent and any knowledge of the guarantee denied by her–no direct evidence of signing–whether landlord had proved its signing by the third respondent on the balance of probabilities–on the facts, signing by the third respondent or by the second respondent as her agent could not reasonably be inferred so as to find that the applicant had discharged its burden. 

Zahariev v Po Yan Pty Ltd (Building and Property) [2019] VCAT 327
Interlocutory injunction, serious issue to be tried – notice of less than 14 days when clause 7.5 of the Copyright Law Institute of Victoria Lease of Real Estate August 2014 Revision noted in appendix of lease as “is to be deleted”; alleged misleading conduct concerning condition of premises when appendix contains a provision that the tenant accepts the condition of the premises, relief against forfeiture – tenant offers to forfeit the security and repay it by instalments – not “immediate payment”.

Harmony Operations Australia v GG Feedlot [2019] VSC 132
INTERLOCUTORY INJUNCTION — Where vendor of property has allegedly refused to settle contract of sale to company related to lessee in breach of contract — Where pending determination of an interlocutory injunction application with respect to settlement of the sale, the vendor, as lessor, purports to take possession of the property under the lease — Serious questions to be tried whether lessee remains entitled to possession as overholder and whether it would be entitled to injunctive relief under alternative causes of action —Balance of convenience favours grant of injunction — Damages not an adequate remedy — Interim injunction granted.

Luczyniec v Mansfield SC [2019] VCAT 314
Section 77 of the Planning and Environment Act 1987; Mansfield Planning Scheme; Rural Living Zone Environmental Significance Overlay; earthworks and shipping containers; visual and water quality impacts 

Lumen Billboards Pty Ltd v Melbourne CC [2019] VCAT 308
Section 79 Planning and Environment Act 1987 – Capital City Zone Schedule 2 - Retail Core – animated, electronic, high-wall major promotion advertising sign – extent of land the subject of the permit application – relevant permit triggers 

Corner Northcote Pty Ltd v Darebin CC [2019] VCAT 303
Darebin Planning Scheme; Section 77 of the Planning and Environment Act 1987; commercially zoned site improved by a run down former factory building; permit already granted for a four storey residential redevelopment, but that permit has lapsed; fresh proposal for a similar four storey apartment development; objections made; Council does not support proposal; Tribunal hearing; key issues of ‘repeat appeals’, the degree of strategic support for the proposal, the design response, internal/external amenity issues; permit granted.


Benfer v Sunshine Coast Regional Council [2019] QPEC 6
PLANNING AND ENVIRONMENT – APPEAL – APPEAL AGAINST ENFORCEMENT NOTICE – where the Council gave the appellant an enforcement notice alleging the commission of a development offence under s 163 of the Planning Act 2016 – where the nature of the alleged offence was the importation of approximately 10 000 cubic metres of fill without a development approval – where the land is located within an Flood and Inundation Area under the planning scheme – where the enforcement notice did not refer to the type of development alleged to have been carried out, namely operational works – where the enforcement notice did not refer to provisions of the planning scheme triggering the need for a development permit – where the enforcement notice did not specify the dates, times or period of times on which the alleged development offence was committed – where the enforcement notice gave approximately three months to remove 10 000 cubic metres of fill and reinstate the land to natural ground level – whether the enforcement notice failed to comply with the obligation to state the nature of the alleged offence – whether it was unreasonable to require the appellant to remove the fill – whether the timeframes for the removal of the fill were too short having regard to the volume of fill
PLANNING AND ENVIRONMENT – APPLICATION FOR ENFORCEMENT ORDERS – where the Council applies for enforcement orders requiring the removal of 10 000 cubic metres of fill – where the Council alleges the commission of a development offence under the Sustainable Planning Act 2009 and a development offence under the Planning Act 2016 – whether the Court has jurisdiction to make an enforcement order about an offence under the Sustainable Planning Act 2009 – whether the alleged development offences have been committed – whether, in the exercise of the court’s discretion, the enforcement order should be made

Brisbane City Council v Klinkert [2019] QCA 40
ENVIRONMENT AND PLANNING – BUILDING CONTROL – COUNCIL CONSENT AND APPROVAL – MATTERS FOR CONSIDERATION – ON APPLICATIONS FOR DEMOLITIONS – where the Council refused building work, namely the demolition of a house – where the house was an inter-war house – where the house was said to be a strong contributor to the character of the street – where the house was subject to the City Plan 2014 – where the issues turned on statutory interpretation – whether the development complied with the Demolition Code, effective on 19 May 2017 – whether, if the development complied with the May 2017 Code, s 60(2)(a) of the Planning Act mandated approval of that application – whether and what weight was to be given to the amended Demolition Code

Carr on behalf of the Yuggera Ugarapul People v Frasers Deebing Heights Pty Ltd [2019] QLC 14
ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – HERITAGE PROTECTION – OTHER STATES AND TERRITORIES – where the applicant sought an interlocutory injunction preventing development works – where the respondent gave undertakings about the scope of the works during the period of the proposed injunction and about obtaining further information about potential sites of significance before undertaking certain works – whether there was a serious question to be tried – whether the balance of convenience favoured an injunction – where the application was refused. 

Dunn v Ostwald Construction Materials Pty Ltd [2018] QMC 23
Failing to comply with cultural duty of care; Harming Aboriginal cultural heritage that defendant knew or ought reasonable to have known was Aboriginal cultural heritage; payment of costs of or towards repairing or restoring Aboriginal cultural heritage 



Subordinate legislation as made
No 17 Cross River Rail Delivery Authority Regulation 2019 01/03/2019
No 19 Environmental Protection (Financial Provisioning) and Other Legislation Amendment Regulation 2019 01/03/2019
No 21 Architects (Registration Fees) Amendment Regulation 2019 08/03/2019
No 26 Rural and Regional Adjustment (Extension of Funding for North and Far North Queensland Flood Disaster) Amendment Regulation 2019 15/03/2019


Chris Lovell, Chairman
T: +61 3 9321 9832

Lou Farinotti, Senior Partner
T: +61 3 9321 9861

Chris Brodrick, Partner
T: +61 3 9321 9804

Lisa Cody, Partner
T: +61 3 9321 9872

Richard Skopal, Partner 
T: +61 3 9321 9866

Joseph Monaghan, Partner 
T: +61 3 9321 9857

Robina Kidd, Partner
T: +61 2 8083 0454

Vanya Lozzi, Partner
T: +61 2 8083 0462

Cameron Sheather, Partner
T: +61 2 8083 0461

Breellen Warry, Partner
T: +61 2 8083 0420

Ron Eames, Partner
T: +61 7 3135 0629

Katie Miller, Partner
T: +61 7 3135 0606

Peter Nugent, Partner
T: +61 7 3135 0632

Gerard Timbs, Partner
T: +61 7 3135 0644

John Wei, Partner
T: +61 7 3135 0688 

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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