Property Archives | Page 14 of 21

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Leasing Insider | Versus (Aust) Pty Ltd v A.N.H. Nominees Pty Ltd [2017] VCAT 859

Versus (Aus) Pty Ltd (the Tenant) leased retail premises located in Church Street, Brighton from A.N.H. Nominees Pty Ltd (the Landlord). The Tenant operated a lingerie business from the premises from June 2006 until the Tenant vacated in May 2011. The premises was affected by water and moisture ingress which resulted in excessive mould within […]

Leasing Insider | PG Kazis Nominees P/L v Bakers II P/L & ORS [2018] SADC 48

PG Kazis Nominees Pty Ltd (the Landlord) entered into a retail lease with Bakers II Pty Ltd (the Tenant). The term of the lease was for 5 years commencing on 1 March 2003 with options for two further terms of five years each. The Tenant exercised the first option to renew which expired on 28 […]

Leasing Insider | William Buck (Vic) Pty Ltd v Motta Holdings Pty Ltd (Building and Property) [2018] VCAT 15

William Buck Pty Ltd (the Tenant) entered into a lease with Motta Holdings Pty Ltd (the Landlord) which required the tenant to pay land tax in respect of the premises. After entering into the lease and paying significant sums of land tax to the Landlord, the Tenant subsequently claimed that the lease fell under the Retail […]

A snapshot of the changes to the Residential Tenancies Act 1997

On 6 September 2018 the Residential Tenancies Amendment Bill 2018 was passed by Parliament and included more than 130 reforms which aim to increase protection for renters. The Residential Tenancies Amendment Act 2018 (RTAA) is due to come into effect progressively and completely, by 1 July 2020 and will amend the Residential Tenancies Act 1997 […]

Victorian Municipal Councils to facilitate for finance rectification costs of combustible cladding

The Building Amendment (Registration of Building Trades and Other Matters) Bill 2018 introduces reforms to the Victorian Local Government Act 1989 to allow residential owners and owners corporations to access low cost finance to fund the cost of removing combustible cladding. Following the recommendations of the Victorian Cladding Taskforce, these reforms will introduce Cladding Rectification […]

The sun sets on developers using Sunset Clauses

Developers are in the firing line again as the Victorian Government seeks to restrict the ability of developers to terminate an “off the plan” contract of sale. The Sale of Land Amendment Bill 2018 (Vic) (Bill) was introduced to the Parliament by the Minister for Consumer Affairs on 21 August 2018. The Bill seeks to […]

New Cladding Laws – A Guide for Building Owners

The Building and Other Legislation (Cladding) Amendment Regulation 2018 introduces a new regime for identifying and assessing the risk of cladding products on privately owned buildings in Queensland. The regulation is the Queensland government’s response to the Grenfell Tower fire and the subsequent work of the Queensland Non-Conforming Building Products Audit Taskforce. Who is affected? […]

Lease or Licence?

It is common in developments where the developer does not own the land that a developer will enter into a development agreement with the land owner coupled with a construction lease or licence to occupy and construct on the land. The ability to occupy the land is crucial to undertaking the development and if the […]

Company fined for unlawful clearing of marine plants

In the course of carrying out works on private land fronting the Maroochy River on the Sunshine Coast, a company deposited waste building material and fill over an area of low lying land on the property and an adjacent wetland area. Following a complaint from the public, the Queensland Boating and Fisheries Patrol (QBFP) commenced […]

Application for summary judgment dismissed by Planning and Environment Court

The Planning and Environment Court has refused an application for a summary judgment in relation to an originating application made by the Council of the City of Gold Coast seeking declarations and consequential orders in respect of non-compliance with conditions of a development approval for a motor vehicle repair station over premises located in Ormeau. […]

Brisbane’s Future Blueprint

Brisbane is one of the fastest growing cities in Australia and Brisbane City Council has released Brisbane’s Future Blueprint to guide the Council’s actions in shaping the future of Brisbane. While intended to improve planning and development outcomes for the city, the Blueprint presents a number of risks and challenges and has the potential to […]

Changes to a 15 level multi-unit residential development are not a minor change

The Planning and Environment Court has refused an appeal against the decision of Brisbane City Council to refuse a change application for a minor change to a development approval on the basis that the change would result in ‘substantially different development’. The decision provides useful guidance on the consideration of whether proposed changes are a […]