COVID-19 | Victorian Commercial Tenancy Relief 2.0 – Here we go again!
On 24 August 2021 the Victorian Government released the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations). Unlike its 2020 predecessor, the 2021 Regulations are complex and include a number of key differences. The brief summary below does not lend itself well to the complexity that will be faced by landlords and tenants alike over the […]
ReadmoreCOVID-19 | Regulations reinstate rent relief regime for impacted lessees in NSW
In response to the impact of lockdowns on businesses in New South Wales, the New South Wales government has introduced the Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2021 (NSW) (Updated Regulation). What has changed? The Updated Regulation extends the protections granted to impacted lessees under the Retail and Other Commercial Leases (COVID-19) Regulation […]
ReadmoreNew priority planning pathways for social and affordable housing development
There is currently a significant affordable housing shortfall in Victoria. Victoria’s Big Housing Build program presents new opportunities for private sector developers to work with Registered Housing Associations to deliver this much needed housing stock. The Gadens Real Estate & Construction Team recently hosted a virtual Boardroom Briefing on the new planning priority pathways for […]
ReadmoreCOVID-19 | Land tax relief for landlords in NSW
The NSW Government has introduced further land tax relief measures for the 2021 Land Tax Year to landlords who provide rent relief waivers to tenants experiencing financial distress due to the COVID-19 pandemic. Eligibility For a landlord to be eligible for relief for the 2021 Land Tax Year the following criteria apply and must be […]
ReadmoreImpact on mortgagees of a bankruptcy trustee’s disclaimer of mortgaged land
A mortgagee may be faced with a situation where the mortgagor becomes bankrupt and the trustee, in which the property then vests, disclaims the mortgaged property. We outline the process a mortgagee is required to follow when a mortgaged property has been disclaimed and summarise the key issues considered by the Court. Click below to […]
ReadmoreNoosa Shire Council enforcement notices for unlawful vegetation clearing held to be defective
In April 2019, Noosa Shire Council issued multiple enforcement notices to the joint owners of a large rural parcel alleging unlawful vegetation clearing being a development offence under the Planning Act 2016 (Qld) (PA). All of the recipients appealed against the enforcement notices to the Planning and Environment Court which in Serratore & Anor v […]
ReadmoreCouncillor roles in development matters
The conduct of councillors in development matters and their dealings with developers and submitters is often controversial and can pose corruption and misconduct risks. To assist councillors and others manage this engagement, the Office of the Independent Assessor (OIA) has released guidance. The OIA is an independent statutory body responsible for assessing, investigating and prosecuting […]
ReadmoreCoastal Adaption Planning
Like other coastal councils in Queensland, the City of Gold Coast is focused on managing coastal adaption. To this end, Council’s Coast Adaption Plan (CAP) is the latest step from Council and is intended to guide future investigations and actions. Background The City of Gold Coast is one of Australia’s most iconic coastal cities with […]
ReadmoreCountering Victoria’s Land Tax Grab
Amidst the outcry over the Victorian Government’s recently announced increases in land tax rates, it is more important than ever for landowners to consider potential strategies for containing their land tax cost. Indeed the latest announcement is just a further symptom of the Government over-reliance on land tax, which is also impacting landlords in a […]
ReadmoreThe new General Environmental Duty – What does this mean for directors?
Victoria’s approach to environmental protection and human health is changing soon. Coming into effect from 1 July 2021, the General Environmental Duty (GED) will be the cornerstone of the new Environment Protection Amendment Act 2018 (Vic) (EPA Act). The new GED will require all Victorian businesses and individuals to take proactive steps to prevent and […]
ReadmoreAmendment VC194: Fast track of state and local infrastructure projects
Amendment VC194 (Amendment) was gazetted by the Minister for Planning earlier this week. The Amendment inserts two new particular provisions at clauses 52.30 (State projects) and 52.31 (Local government projects) into the VIC Planning Provisions and all local planning schemes. Fast track of state and local infrastructure projects The new particular provisions provide planning permit […]
ReadmoreCOVID-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 […]
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