Allens

28 May 2013

A recent Queensland Court of Appeal decision held that a purchaser of an off-the-plan lot who was in default under a developer's contract could not terminate the contract under the sunset provisions of Queensland's land sales legislation. Partner Tony Davies and Consultant Professor Bill Duncan examine the decision, which is significant because of the willingness of the courts to be pragmatic when looking at such provisions in the light of their use by unmeritorious purchasers.

24 May 2013

The Victorian Court of Appeal recently held that off-the-plan contracts of sale in Victoria must specify a fixed date by which the plan of subdivision must be registered. As a result, any mechanism in the contract that allows the date to be extended is likely to be invalid. Partner Michael Graves and Lawyer Tim Chislett report.

21 May 2013

As part of the Queensland Government's focus on reducing red tape, amendments to the State's land legislation will limit the involvement of the Department of Natural Resources and Mines in approving various land dealings. A number of other important changes will be implemented, with the aim of streamlining current processes and providing greater certainty to property and infrastructure owners. Senior Associate Liam Chambers and Graduate Tegan Ayling report.

10 May 2013

Sweeping changes to the Victorian Industrial and Commercial zones present opportunities to developers, who will be able to seek out suitable new sites on a broader range of land. Special Counsel Meg Lee looks at the detail of the new controls.

01 May 2013

In its response to the 'Costello audit', the Queensland Government has signalled that it will look to rationalise its existing asset base. Partner Tony Davies and Senior Associate Anna Vella look at the Government's response to the review with its focus on under-utilised state assets.

03 April 2013

An issue for Australian Capital Territory landlords, of not being able to register leases involving trustees, even where the lease simply includes a limitation of liability clause, is now resolved. Special Counsel Christine Adamson and Law Graduate Tegan Ayling report.

03 April 2013

Landlords will be comforted by a recent decision in the Victorian Supreme Court that held that a tenant could not prevent a landlord dealing with money drawn down under a bank guarantee. Partner Tony Davies and Law Graduate Carissa Smith report.

07 March 2013

The Victorian Government is proposing to change some aspects of its regulation of retail leases. Partner Tony Davies, Special Counsel Christine Adamson and Lawyer Rebecca Cantwell report.

28 February 2013

The Queensland Government is undertaking a review of its current land holdings, ahead of an expected land divestment program later this year. This review complements ongoing reform of the planning processes and the management of land use. Partner Tony Davies and Senior Associate Anna Vella reports on changes that should see greater opportunities for the State and for developers.

12 February 2013

The Queensland Government has this week announced a proposal to significantly reduce the regulatory burden associated with buying and selling residential and community title real estate in Queensland. The Government has also released draft Bills for public consultation that create industry specific regimes for different types of agents and simplify the contracting process for sellers of real estate. Senior Associates Annabelle Aland and Liam Chambers report.

11 December 2012

Legislation that will become the cornerstone of a national electronic conveyancing system has passed the NSW Parliament. Partner Tony Davies and Consultant Bill Duncan report on the law which, when enacted in other states and territories, will mean a more efficient (and faster) national conveyancing process.

10 December 2012

Legislation giving greater rights to tenants under retail shop leases in Western Australia will soon come into force. Partner Tony Davies, Senior Associate Teresa Lusi and Lawyer Kate Naude report on the amendments that mean landlords will have to make changes to lease documentation (including disclosure statements) to ensure they comply.

22 October 2012

A recent Federal Court case serves as a warning that mortgagees should take into account any garnishee notice issued in relation to a mortgagor's tax debt before agreeing to release a mortgage to facilitate a sale by the mortgagor. Partner John Gallimore and Law Graduate Andrew Shetliffe report.

15 October 2012

In important news for developers and financiers, a recently released consultation paper related to the Land Sales Act 1984 (Qld), seeks feedback on amendments to, among other things, the limitations of contract deposits to a specific percentage of the purchase price. Partner Tony Davies reports

08 October 2012

A recent decision of the Federal Court in Victoria highlights the risk that representations regarding the future or actual state of affairs relating to leasing up a shopping centre will be found to be misleading and deceptive where there is no evidence to substantiate them. Special Counsel Christine Adamson and Law Graduate Andrea Moffatt report on the decision and its implications.

04 October 2012

A recent Victorian Court of Appeal decision has held that a vendor under an 'off-the-plan' contract of sale, who is required to use its 'best endeavours' to register the plan of subdivision, must, in certain circumstances, enter into a section 173 agreement with the local council. Partner Michael Graves and Lawyer Tim Chislett consider the impact of this decision and the role that section 173 agreements have to play in off-the-plan contracts.

14 September 2012

Legislation repealing the requirement for landlords to notify the Small Business Commissioner of certain details when a lease is signed or renewed, and to clarify that certain references to 'landlord' and 'tenant' extend to prospective landlords, or persons acting on behalf of a landlord or prospective landlord and prospective tenants, has been introduced in Victoria. Partner Tony Davies and Senior Associate Amy Hoban report.

12 September 2012

A recent New South Wales decision provides an interesting insight into the effect of errors in a settlement statement prepared by a real estate seller. These errors can mean that the seller is in default under the contract, by demanding money it is not entitled to. It could, in an extreme case, lead to a buyer having a right to terminate the contract of sale. Partner Tony Davies and Senior Associate Liam Chambers report.

09 August 2012

Special Counsel Christine Adamson and Lawyer Sara Ironside examine a New South Wales Court of Appeal decision that considered whether a prospective lessee could withdraw from negotiations relating to an agreement for lease in a case that sheds light on whether negotiating parties can assume they are bound to an agreement prior to the final signing and exchange of documents.

11 July 2012

A recent NSW Court of Appeal decision shows how developers can reverse the onus of proving they have reasonable grounds for their representations about future matters. Partner Tony Davies reports on the decision and its implications.

26 June 2012

The initial report of the Victorian Planning System Ministerial Advisory Committee on the operation and effectiveness of the Victorian planning system and the Government's response to its key recommendations has been released and indicate important reforms to the planning system. In the third of our series on Victorian Government reviews and state planning laws, Lawyer Sarah Dynon and Special Counsel Meg Lee look at the proposed changes

20 June 2012

A recent Queensland Court of Appeal decision has upheld a developer's entitlement to enforce off-the-plan contracts even where the on-site manager's signage effectively rebrands the development. Partner Tracey Harrip and Lawyer Kris Byrne report on a case that has implications Australia-wide

19 June 2012

Three years after its appointment by the former government, the Coastal Climate Change Advisory Committee's report has been released by the Minister for Planning who simultaneously announced a relaxation of the requirements for the consideration of the impact of sea level rise on developments within existing coastal town boundaries. In the second of our series on reviews that will impact on Victoria's planning schemes, Special Counsel Meg Lee explains the effects of the proposed changes

13 June 2012

In brief: The Victorian Minister for Planning has released three advisory committee reports and published his responses on issues as varied as car parking, coastal climate change, and a complete review of the planning system. In the first of a three-part series on the reports, Special Counsel Meg Lee looks at the changes to the planning schemes arising from the car parking review

25 May 2012

Landlords, and some property managers, of commercial premises who distribute electricity to their tenants may be breaking the law unless they register each site with the Australian Energy Regulator, and will need to register to on-sell electricity from 1 July 2012. Partners Grant Anderson and John Beckinsale and Senior Associate Amy Hoban report

10 May 2012

A recent case on misleading and deceptive conduct, relating to views from units that were to be constructed, demonstrates that developers must give agents clear directions about the scope of what they can, and cannot, say to potential buyers. Professor Bill Duncan (Consultant to Allens) and Partner Tony Davies report on the decision and its implication for developers

19 April 2012

A recent Federal Court decision emphasises that claims of misleading and deceptive conduct do not end after the settlement of an off-the-plan contract and developers must have clear evidence supporting representations as to future matters. Professor Bill Duncan (consultant to Allens Arthur Robinson) and Partner Tony Davies report on the decision and its implication for developers

27 March 2012

Individuals and businesses buying and selling real estate in Victoria must be aware of amendments to the prescribed form of the contract of sale for real estate in Victoria brought about by the introduction of personal property securities legislation. Partner Michael Graves, Senior Associate Alanah Barham and Lawyer Tim Chislett look at the changes

06 March 2012

In brief: Despite the Personal Property Securities Act 2009 (Cth) not applying to 'land' or 'fixtures', it will nevertheless impact on the leasing, and buying and selling, of real estate. Additionally, some uncertainty as to whether 'fixture' under the PPSA was meant to follow the common law meaning confuses the breadth of operation of the Act in this area. Partner John Gallimore and Senior Associate Alister Fitzgerald report

27 January 2012

Recent amendments to Victorian Planning Schemes expand opportunities for those involved in the retailing of bulky goods and create potential for greater retail competition. Special Counsel Meg Lee and Lawyer Katherine Kirby report

25 January 2012

The Australian Government has used the release of a report on foreign investment and Australian agriculture as an opportunity to reaffirm its support for foreign investment in the agricultural sector and articulate the issues that it considers when applying the national interest test to proposals for foreign investment in the sector. Partner Marcus Clark and Consultant Alan Millhouse report on this and other recent events relevant to foreign investment in Australian agriculture

16 December 2011

In brief: Two recent Supreme Court of Queensland decisions are likely to provide a great deal of confidence for property developers and financiers wanting to enforce contracts for off-the-plan residential developments. Partner Tracey Harrip, Senior Associate Belinda Boulton and Law Graduate Christopher Pintegne report on the decisions that should also discourage speculative buyer litigation

09 December 2011

Developers, decision-makers and the public, who could be affected by an overhaul of the NSW planning system, have the chance to help shape the new regime, through the release of an issues paper that invites feedback. Partner Paul Lalich and Lawyer Andrew McGovern report

09 December 2011

The Supreme Court of Queensland handed down two significant decisions last week regarding off-the-plan contracts. Partner Tracey Harrip spoke to Boardroom Radio about the decisions and the implications for the residential property industry

29 November 2011

In response to the Queensland floods last summer, scrutiny has fallen on the existing regulatory regime for development in floodplains and its shortcomings. Before the Queensland Floods Commission of Inquiry delivers its findings in the new year, an interim planning response has been implemented. Partner Bill McCredie and Lawyer Michael Zissis describe the implications of the interim policy and predict further reform of land use planning controls in Queensland's floodplains

28 November 2011

Public comment is being invited on the legislation governing Queensland retail shop leases, as part of a regular review to determine its suitability for the state's retail leasing environment. Partner Paul Newman and Senior Associate Jaelle Berkovits report

25 November 2011

Landlords need to be aware of moratorium provisions under the corporations legislation that may prevent them from enforcing their rights to possession of premises where the tenant is under administration. Senior Associate Amy Hoban and Law Graduate Ashleigh Dixon report on a recent Victorian Supreme Court decision

28 October 2011

In a bid to reduce the 'green tape' burden on business, major reforms of the Queensland environmental assessment and approvals regime have been introduced, and will impact on businesses including the manufacturing, waste management, mining and resources sectors. Partner Bill McCredie and Senior Associate Eve Lynch report on the significant changes that are proposed

20 October 2011

In brief: Landlords should be aware of a recent decision of the Supreme Court of Queensland where a subtenant gained relief against the automatic forfeiture of their sublease after the termination of the headlease. Special Counsel Christine Adamson and Lawyer Mark Steele examine the decision

17 October 2011

Developers will be able to extend a statutory sunset period for off-the-plan strata contracts without recourse to the current regulatory process under new amending legislation recently introduced into the Queensland Parliament. Senior Associate Annabelle Aland and Lawyer Mark Steele explain

12 October 2011

A recent NSW Supreme Court case where a landlord was found to be liable under a lease that he had not yet signed is a useful reminder for both landlords and tenants. Special Counsel Christine Adamson and Lawyer Mark Steele report

10 October 2011

A recent decision of the High Court of Australia is a good reminder of the importance of complying with all the procedural requirements of the relevant planning instruments when councils attempt to override private restrictive covenants registered on land titles in New South Wales. Partner Nicholas Cowie and Lawyer Judith Hammerschlag explain.

05 September 2011

The Victorian Supreme Court recently considered whether a tenant had parted with possession of premises, enabling the landlord to re-enter them. Special Counsel Christine Adamson and Lawyer Sara Ironside report.

26 August 2011

A recent Queensland Court of Appeal judgment is a timely reminder of some legislation's unintended consequences. Partner Tony Davies and Lawyer Mark Steele report

04 July 2011

Buyers who enter into land sale contracts in Victoria will receive further protection, particularly in relation to 'off-the-plan' contracts and cooling-off periods, under new legislative amendments to come into force from September this year. Partner David McLeish and Senior Associate Stephanie Zemanski explain

02 June 2011

Queensland, South Australia and the Northern Territory are to make important changes to their stamp duties legislation, with effect from 1 July 2011. The changes will broaden the reach of landholder duty and impose greater duty on a larger range of transactions, particularly affecting ones involving real property, mining tenements and listed entities. Partner Adrian Chek summarises the changes and considers the importance of the timing of any upcoming transactions

11 May 2011

The New South Wales Government has confirmed its pre-election promise to abolish the Torrens assurance levy. Partner Victoria Holthouse and Lawyer Vanessa Kingston look at the amending legislation that will abolish the ad valorem levy with effect from 1 July 2011

12 April 2011

Changes to Queensland's Body Corporate and Community Management Act 1997 relating to lot entitlement methods of calculation and the disclosure of those to buyers will have an immediate impact on disclosure documents. The changes affect the sale of both off-the-plan lots and registered lots in a community titles scheme. Partner Tony Davies and Lawyer Mark Steele look at how these legislative changes will affect developers

07 April 2011

Those individuals or businesses in Queensland who may be affected by sections of the Retail Shop Leases Act that deal with ratchet provisions in retail lease rent reviews and compensation for assignees in the event of misrepresentation should be aware of amending legislation recently passed by the Queensland Parliament. Special Counsel Christine Adamson and Lawyer Mark Steele explain

17 February 2011

Vendors about to enter into contracts for the sale of land in New South Wales should be aware of potential risks posed by recent legislative changes and their effect on the compulsory content of planning certificates. Partner Nicholas Cowie and Senior Associate Andrew Selim report on the changes