COVID-19 | Reminder to Landlords: 2020 land tax relief applications close soon
This article is issued as a timely reminder to Landlords who intend to seek COVID-19 land tax relief for the 2020 land tax year. Applications for relief in New South Wales and Victoria must be lodged prior to 31 March 2021. In this update, we summarise the application process, eligibility criteria and evidentiary requirements for […]
ReadmoreChanges to the Owners Corporations Act – what developers need to know
Developers have an obligation to act honestly, in good faith and with due care and diligence in the best interests of the Owners Corporation created on registration of a plan of subdivision for a development under the Owners Corporations Act 2006 (Vic) (OC Act). There has therefore been a tension between the developer’s obligation to […]
ReadmoreA New Year, a new beginning, and a new foreign investment regime
On 5 June 2020, the Treasurer announced major reforms to the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA). The reforms are intended to strengthen the foreign investment framework and ensure that the framework keeps pace with emerging national security risks and global developments. On 18 September 2020, the Federal Government released exposure draft legislation […]
ReadmoreWhat’s that ‘new’ levy on my title?
You may not be aware, but there may be a ‘new’ levy on your title! On 1 July 2020, the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 (Vic) (MSA Act) came into effect. It imposes an obligation to pay a levy prior to certain works being undertaken in specified areas of Melbourne’s growth corridors […]
ReadmoreNSW Parliament Introduces a Statutory Duty of Care for Residential Building Work
In Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 (2014) 313 ALR 408, the High Court found that a builder did not owe a common law duty of care to the developer of residential apartment buildings or its successors in title (including an owners corporation) for economic loss caused by defective work. The High […]
ReadmoreThe Residential Apartment Buildings Act: 5 Things You Need to Know
Recent reports of structural defects in high-rise apartments including the Opal tower and Mascot tower have undermined public confidence in the quality of construction work carried out in New South Wales. It has also raised questions as to avenues open to property owners to seek redress for defective work and the enforcement powers available to […]
ReadmoreOwners Corporation Fees – How to recover when the lot owner fails to pay
In the current economic climate many lot owners may find it financially challenging to pay owners corporation fees. This can be problematic for an Owners Corporation where cash flow is crucial in order to fund the ongoing cost of maintaining the common property. Initiating the fee recovery process The Owners Corporation Act 2006 (Vic) (the […]
ReadmoreDeveloper loses appeal against refusal for overdevelopment of land for retirement village
In GTH Resorts No 5 Pty Ltd v Gold Coast City Council [2020] QPEC 2020, the Planning and Environment Court was required to determine whether a proposed retirement village was an overdevelopment of the land and, if so, were there relevant grounds to justify approval despite the overdevelopment. The land the subject of the proposed […]
ReadmoreLandowners win against council in rating categorisation dispute
In a major win for the owners of two Bunnings warehouses in Ipswich, the Court of Appeal has held that the Ipswich City Council wrongly categorised their properties for rating purposes. The decision highlights the financial impact, as well as the difficulties, that can arise in applying differential rating categories to land. The long running […]
ReadmoreWhat weight should be given to a draft Planning Scheme or Planning Scheme Amendment?
A proposed amendment to a planning scheme may have drastic consequences for the development potential of land, particularly where land is proposed to be ‘down zoned’ or a more restrictive overlay constraint is proposed. There are a number of key issues which need careful consideration in terms of appropriately timing development in light of a […]
ReadmoreOff the plan sales and changes to the property
Can the purchaser of an apartment off the plan terminate the contract because the carspace allocated to the lot contained a PWD symbol? Perhaps surprisingly the issue was recently considered by the Supreme Court of New South Wales[1]. The decision provides a useful reminder of the principles which apply to variations between contract and settlement. […]
ReadmoreCOVID-19 | 2020 The Year of COVID, or Year of the Pivot?
The COVID-19 pandemic has affected society and business more than any event in recent history. It has not spared any industry or sector, creating immense opportunity for a lucky few and decimating many others. In response, Gadens have seen businesses pivot, whether by expanding their service offering, changing their method of delivery or reallocating their […]
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