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Inside track: Property & Real Estate

28 June 2021

#Property, Planning & Development

Inside track: Property & Real Estate

In the media

Commonwealth

Landlords steady for long-haul recovery
Commercial landlords are being pressed to “dig deep” in the crawl to a long haul recovery, as heightened leasing perks are forecast to hit a record 39 per cent by the end of 2021, according to CBRE (17 June 2021).  More...

REIA calls for Australian Governments to urgently tackle housing issues
Real Estate Institute of Australia is calling on the Federal Government to urgently address issues surrounding home ownership as supply continues to diminish (17 June 2021).  More...

HIA report hotspots for building activity
HIA revealed Australia’s strongest markets for home building in the 2021 edition of the HIA Population & Residential Building Hotspots Report. The Report is aimed at finding employment growth areas targeted towards builders and tradies and identifies Hotspots in all states and territories (16 June 2021).  More...

Residential property developers shift to boutique, low-density projects in the wake of COVID
Residential developers have shifted their focus to lower-risk projects such as smaller apartment blocks, townhouses and housing estates, while high-density developments continue to fall out of favour, according to a new Knight Frank report (16 June 2021).  More...

Send stimulus to the rental sector: Report
A new report is recommending Australian governments immediately switch housing stimulus away from market housing to the social rental sector. It reveals that national household debt now sits at almost 185 per cent of the national GDP — up from 70 per cent in 1990 (15 June 2021).  More...

Yes, in our backyards: How to give the kids a fair crack at home ownership
Sydney and Melbourne are now the third and sixth least affordable housing markets in the world, and other Australian cities are seeing rapid price rises. Nevertheless, these stratospheric price tags are remarkable — and are having significant social effects (11 June 2021).  More...

House process increase at the highest quarterly rate in a decade
The weighted average capital city median price for both houses and other dwellings has increased at the highest rate in a decade, the latest Real Estate Institute of Australia’s data (09 June 2021).  More...

High-rise projects redefining the education sector
Mixed-use vertical campuses with solid green credentials are gaining popularity in the tertiary sector as a wave of new developments strive to deliver “higher learning” (09 June 2021).  More...

Home loan commitments rise to another new high
New loan commitments for housing rose 3.7 per cent in April 2021 (seasonally adjusted) to a record high of $31.0 billion according to statistics released by the Australian Bureau of Statistics.The Home Builder grant was reduced from $25k to $15k effective from 1 January 2021 and was closed to new applications from 14 April 2021 (04 June 2021).  More...

REA Insights: Energy Efficiency Housing Report
Australian property-hunters are increasingly valuing energy efficient homes, with close to three quarters of recent buyers saying an energy rating was important to them, according to the REA Insights Energy Efficiency Housing Report by REA Group (04 June 2021).  More...

Crunch time for Australia’s apartment construction is a wake up call for governments
The Property Council of Australia is calling for coordinated state government efforts to reduce international investor surcharges, stimulate apartment construction and improve planning to avoid a looming apartment supply crunch across Australia’s largest housing markets (13 June 2021).  More...

CBD occupancy data reveals reactivation challenge
The Property Council has welcomed last week’s message from the Prime Minister to government and private sector employers that it is “time to get back to the office,” and the National Cabinet’s referral of current office physical distancing guidance to the Australian Health Protection Principal Committee for review (10 June 2021).  More...

Victoria

Melbourne officially build-to-rent ‘epicentre’
Melbourne’s build-to-rent pipeline is nearly double Sydney’s and quadruple Brisbane’s but there are fears a new state tax could derail the sector (17 June 2021).  More...

Council backs Marvel Stadium $400m build-to-rent project
Build-to-rent developer Home has the green light for two build-to-rent towers next to Marvel Stadium after gaining unanimous support from the Future Melbourne Committee this week (17 June 2021).  More...

Queen Victoria Market apartment tower wins approval
Plans for a 21-storey tower rising from the shell of a heritage building in the Queen Victoria Markets Precinct have been approved by the City of Melbourne Council (16 June 2021).  More...

More infrastructure projects to support regional recovery
Communities across regional and rural Victoria will benefit from more infrastructure projects as part of the Victorian Government’s investment to ensure our regions continue to thrive. Minister for Regional Development Mary-Anne Thomas announced local councils and eligible organisations could apply for grants under the second round of the Regional Infrastructure Fund (16 June 2021).  More...

NSW

Housing supply boost for NSW
A regional housing taskforce will be set up to combat supply shortage across NSW, while more than 18,000 new homes have been earmarked for immediate rezoning in Sydney’s south-west as the NSW Government takes charge to boost much-needed housing supply (18 June 2021).  More...

Sydney housing market insights: June 2021
The Urban Developer’s Sydney housing market insights for May reveal that Sydney’s residential market has shown no sign of slowing down (11 June 2021).  More...

Planning reform needed today, to house 10.5 million people tomorrow
The NSW Government will be required to keep their foot on the pedal of their planning reform agenda if the 40-year population, job and fiscal forecasts of the NSW Government’s Intergenerational Report are to be met, the Property Council of Australia said (07 June 2021).  More...

Queensland

Palaszczuk Government moves to make renting fairer
The Palaszczuk Government is delivering on its commitment to make renting fairer, with the introduction of new legislation into Queensland Parliament.. The proposed laws will make it easier for Queensland renters to have a pet, and end ‘without grounds’ evictions, providing more certainty about ending a lease (18 June 2021).  More...

Devine unveils $340m golden tower for Gold Coast
Devine Development Group is planning to build a 38-storey golden tower on a beachfront site in Surfers Paradise after picking up the site with previously approved plans (17 June 2021).  More...

Social housing commitment welcomed as a down payment on accommodating rapid growth
The Property Council has welcomed the Queensland Government’s commitment to increase investment in social housing, as the state’s population growth is forecast to continue, placing enormous pressure on housing supply and affordability (16 June 2021).  More...

Why vacant offices and mixed-use buildings across Australia are being turned into medical centres
Vacant offices and mixed-use buildings around Australia are being increasingly sold or leased as medical and allied health premises as a way of maximising returns in the post-COVID-19 era. In Brisbane, a number of offices have been strata-titled and then sold off to medical practitioners or complementary health professionals (15 June 2021).  More...

REIQ welcomes state budget spending on housing and infrastructure but calls for more
The Real Estate Institute of Queensland has welcomed increased social housing and infrastructure spending in the 2021-22 Queensland Budget but has given a thumbs down to a lack of government progress on reforms to the first home buyer grant and stamp duty (15 June 2021).  More...

Robina 'ideal location' for Brisbane 2032 Olympics athletes' village if designed for future property market
Robina was the earmarked location for the Gold Coast Olympic and Paralympic village, which would home over 2,600 athletes and officials in a new residential development. Real Estate Institute of Queensland, Gold Coast Zone Chairman, said an Olympic village at Robina would be a huge success with the right style dwellings that also accommodates future buyers and renters (14 June 2021).  More...

Gold Coast tourist parks to undergo $39 million upgrade
Some good news for locals and tourists, with council set to invest $39 million into upgrading Gold Coast tourist parks, including new tourist villas. Already, $1 million has been spent on two vintage vans at Burleigh Tourist Park and a wellness centre at Tallebudgera Tourist Park (11 June 2021).  More...

Queensland arrivals to be slugged ‘for the privilege’ of moving to state
A new charge, to be revealed in next week’s budget, will be levelled at the influx of people moving to Queensland, with a new drivers licence transfer fee (10 June 2021).  More...

Push for rules to keep councillor, developer meetings above board rejected
Brisbane’s deputy mayor and fellow LNP members dismissed Labor’s push to devise a policy guiding meetings with property developers (08 June 2021).  More...

In practice and courts

Commonwealth

PCA: National Cabinet discusses CBD reactivation
Lord Mayor Adrian Schrinner, on behalf of the Council of Capital City Lord Mayors, gave a presentation to National Cabinet on the cost of the pandemic on our capital cities. Cr Schrinner told National Cabinet that despite various Council-led initiatives to bring people back into our city centres, more needs to be done to get Australia’s major cities fully back on their feet. As a result, Prime Minister Scott Morrison subsequently came out with a strong, yet simple message to the public, ‘It’s time to get back to the office’. (10 June 2021)
Read the media release here and the National Cabinet statement here.
More about 'Fridays in the City' (for Brisbane) can be found here.

Register of Foreign-owned Water Entitlements
The Commission will seek further information and feedback following the release of a draft report in August 2021. Draft report expected to be released in August 2021.  More...

Announcements, Draft Policies and Plans released 2021

Queensland

Titles Registry Alert No1 81: Reminder - Important update regarding payment details
Pursuant to the Queensland Future Fund (Titles Registry) Act 2021, please be aware of the following changes for Queensland’s Titles Registry which will come into effect from 19 June 2021:
• the transfer of the operations of the titles registry to Queensland Titles Registry Pty Ltd (ACN 648 568 101) trading as 'Titles Queensland'.
• the changes to payment details for eLodgements
Any enquiries should be directed to titlesinfo@resources.qld.gov.au.

REIQ Advice
Do you have clients buying or selling land in a Reef region for commercial cropping or horticulture? Here’s some important information you need to know about a new government requirement (16 June 2021).

Residential Tenancies and Rooming Accommodation (Tenants' Rights) and Other Legislation Amendment Bill 2021
The Bill was referred to the Community Support and Services Committee for detailed consideration and report by 26 November 2021. The explanatory notes state that the objective of the Bill is to improve rights for renters in Queensland, address rental affordability concerns and improve access to safe and secure housing. The Bill aims to achieve its policy objectives by amending the Residential Tenancies and Rooming Accommodation Act 2008 outlined here.

Broadbeach to Burleigh Heads Neighbourhood Framework 
The City of Gold Coast has opened a community engagement survey for the Neighbourhood Framework – Broadbeach to Burleigh Heads Corridor. The eventual framework will help guide land use and shape growth along the future Gold Coast Light Rail Stage 3 Broadbeach to Burleigh Heads corridor. The survey will close on June 21. To have your say, please click here (10 June 2021).

Place Names – Current proposals
Job number 19-027: Yaraka
Closing date for comments: 16 July 2021

Consultations
Inland Rail – Helidon to Calvert project – draft environmental impact statement Closes 23 June 201
Water restriction targets for South East Queensland’s water security
Open until 9 Jul 2021 - Department of Natural Resources, Mines and Energy
Have your say on the anticipated duration of water restrictions in south east Queensland.

Cases

Jieyun Pty Ltd v Toorak Development Group Pty Ltd [2021] VSC 340
EQUITY – rectification – common intention – whether clear and convincing proof – relevance form of affidavit evidence seeking to establish common intention – unexplained failure to call party to the deed to be rectified – failure to explain why negotiated drafts and final deed contain provisions inconsistent with alleged common intention – rectification refused.
1 This proceeding relates to loans advanced by the plaintiff (Jieyun) to the first defendant (TDG), a company of which the second defendant, Dali Cvek (Mr Cvek), is and was a director. The advance was made in relation to the purchase and development of two adjoining properties 

Williams v Nugara [2021] VSC 331
DAMAGES – assessment of damages following entry of judgment in default of appearance by two of the defendants – claims for damages as a consequence of tortious deceit, misleading or deceptive conduct, and negligence – specific compensatory damages awarded, inclusive of interest – general damages awarded, for mental anguish, stress, anxiety, personal insecurity and distress – Casaclang v WealthSure Pty Ltd [2015] FCA 761 – Newman v Financial Wisdom Ltd [2004] VSC 216 – Giller v Procopets [2008] VSCA 236 – McLennan v Meyer Vandenberg [2020] ACTCA 7.
In 2010, the First and Second Plaintiffs (together, ‘the Williamses’) sought accounting advice relating to their retirement and to a recently purchased investment property.

Lendlease Engineering Pty Ltd v Owners Corporation No.1 & Ors [2021] VSC 338
JUDICIAL REVIEW – building actions - Building Act 1993 (Vic), s 134 – limitation of actions period – commencement date of limitation period – occupancy permit – staged development – when limitation period begins when multiple occupancy permits issued– Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 60 – application for joinder – whether circumstances permitted joinder after the expiry of the limitation period –

Definity Clinic v AMD Rifat [2021] VSC 325
CONTRACTS – Contract for sale and purchase of property – where parties did not settle on property – whether plaintiff purchaser entitled to repayment of deposit – where special condition of contract made contract conditional upon defendant vendor ‘obtaining a medical permit for two (2) practioners (sic)’ – where defendant vendor obtained a permit for no more than two people to provide health services – case turns upon proper construction of special condition – special condition properly construed required defendant vendor to obtain permit that would allow plaintiff purchaser to use the property as it intended – plaintiff purchaser entitled to repayment of deposit – Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337, applied – Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; (2015) 256 CLR 104, applied – Apple & Pear Australia Ltd v Pink Lady America LLC [2016] VSCA 280, applied – Lopes v Taranto [2018] VSCA 288, applied.

Tanah Merah Vic Pty Ltd v Owners' Corporation No 1 of PS613436T [No 3] [2021] VSCA 155
PRACTICE AND PROCEDURE – final orders – costs – Calderbank offers – applicant consultants ordered to pay Owners’ costs on standard and then indemnity basis in each proceeding – applicant consultants ordered to pay builder’s costs on standard basis in each proceeding – respondent consultants ordered to bear own costs in each proceeding, except fire engineer ordered to pay 15 per cent of building surveyor’s costs in building surveyor’s application for leave to appeal and appeal.

Dependable Care Pty Ltd v Department of Families, Fairness and Housing (Review and Regulation) [2021] VCAT 617
Review and Regulation List – Supported Residential Services (Private Proprietors) Act 2010 (Vic), ss 12, 13, 160 – whether proprietor breached legislation in relation to the installation and subsequent occupation of cabins on a portion of the site of a supported residential service – whether personal supports are provided to residents of the cabins – whether Victorian legislation relating to supported residential services is inconsistent with the Commonwealth National Disability Insurance Scheme – relevance of changes to the legal and operational arrangements concerning the cabins since the date on which compliance notices were issued by the respondent in respect of alleged breaches of the legislation

Sun & X Pty Ltd v Wang (Building and Property) [2021] VCAT 583
RETAIL LEASES – early termination of a lease by the tenant abandoning the premises – old tenant’s liability for rent until new tenant signs lease – old tenant’s liability for rent free periods given to new tenant – obligation on tenant to pay land tax void – section 50 of the Retail Leases Act 2003 (Vic) – old tenant’s liability to make good the premises – proof of dilapidations – other costs claimed by the landlord to be the expense of the old tenant.
The respondent, Tao Wang, must pay to the first applicant the sum of $8,751.46.

Roll’d Australia Pty Ltd t/as Roll’d Australia v Challenger Life Nominees Pty Ltd [2021] QCAT 210
LANDLORD AND TENANT – RETAIL AND COMMERCIAL TENANCIES LEGISLATION – OTHER MATTERS – where tenant seeks declaration and compensation – where landlord seeks arrears of rent and outgoings – where landlord makes further new claims for damages for early termination of lease -where tenant failed to file evidence and failed to attend hearing. Retail Shop Leases Act 1994 Qld s 5A, s 63, s 97, s 83, s 103

GOTAP Pty Ltd v Skelton [2021] QLC 20
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where matter referred to Land Court for determination – where subject land used for access only – where parties filed compensation statements unsupported by expert evidence – where Court relies on previous determination to reach a compensation figure
Mineral Resources Act 1989 Qld s 279, s 279A, s 281

Legislation

Commonwealth

Act Compilation

Northern Australia Infrastructure Facility Act 2016
07/06/2021 - Act No. 41 of 2016

Queensland

Bills

Housing Legislation Amendment Bill 2021
Introduced by: Hon L Enoch MP on 18/06/2021
Stage reached: Referred to Committee on 18/06/2021
An Act to amend the Residential Tenancies and Rooming Accommodation Act 2008, the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response)Regulation 2020, the Residential Tenancies and Rooming Accommodation Regulation 2009 and the Retirement Villages Act 1999

Resources and Other Legislation Amendment Bill 2021
Introduced by: Hon S Stewart MP on 16/06/2021
Stage reached: Referred to Committee on 16/06/2021

Subordinate legislation as made – 18 June 2021
No 60 Revenue Legislation (Fees) Amendment Regulation 2021
No 61 Proclamation—Queensland Future Fund (Titles Registry) Act 2021 (commencing remaining provisions)
No 62 Queensland Future Fund (Titles Registry) (Transitional) Regulation 2021
No 70 Water (Fees) Amendment Regulation 2021
No 71 Water Plan (Fitzroy Basin) Amendment Plan 2021
No 72 Water Amendment Regulation 2021
No 75 Resources Safety and Health Legislation (Fees and Other Matters) Amendment Regulation 2021

Subordinate legislation as made – reminders
No 49 Water Plan (Mary Basin) (Postponement of Expiry) Notice 2021
For section 56(1) of the Act, the new expiry date for the Water Plan (Mary Basin) 2006, as postponed under section 55 of the Act, is 28 May 2024.
No 50 Planning (COVID-19 Vaccination Service) Amendment Regulation 2021
Insert 20A When material change of use for providing COVID-19 vaccination service is not assessable development. This section expires on 31 December 2021.

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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