September shake-up: More residential tenancy law changes and what they mean

On 15 August 2024, the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 (Qld) (Amending Act) received proclamation. The Amending Act primarily amends the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (RTRA Act), and introduced several significant changes with some already in effect as of 6 June 2024, as set out …

Queensland’s affordable housing approval pathway is ready to go

Affordable housing and State Facilitated Development are now articulated in legislation by specific criteria, opening up a new approvals pathway intended to address the housing crisis. The Planning and Other Legislation Amendment Regulation 2024 (Qld) (Regulation) came into effect on 22 July 2024. The commencement of the Regulation is the final step in the current suite …

Property Law Act 2023 (Qld) – changes to seller disclosure obligations

Just shy of its Golden Jubilee, the Property Law Act 1974 (Qld) will soon be abdicating its powers to the Property Law Act 2023 (Qld) (Act). As we await the commencement date of its substantive provisions, we continue our investigation into its noteworthy changes. One of the significant upcoming changes is the introduction of a …

Further changes to residential tenancies in Queensland – what you need to know

On 6 June 2024, the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 (Qld) (Amending Act) received assent and became law.  The Amending Act amends the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (RTRA Act), and introduced a number of significant changes, including to the annual rent increase frequency limit, rent …

Reforms set to ‘fast track’ development of residential flat buildings, terraces, townhouses, and duplexes

Background The Department of Planning is introducing new reforms which will allow residential flat buildings, terraces, townhouses, and duplexes in zones where they have historically not been permitted. Minister for Planning and Public Spaces, Paul Scully, has indicated that these reforms are modelled on suburbs including Wollstonecraft, Waverton, and Erskineville, “where terraces sit side-by-side duplexes, …

Changes to Victorian vacant land tax and other Victorian State taxes

In December 2023, the Victorian Government passed the State Taxation Acts and Other Acts Amendment Act 2023 (Vic), introducing multiple State tax changes that will predominantly impact the real estate sector, as well as landowners leasing or licencing their land for the operation of high-value infrastructure (e.g. infrastructure for power generation). Key Changes The most …

FIRB residential dwelling fee changes – a sign of things to come in 2024

In its latest raft of changes to the FIRB regime announced last year, the Federal Government has proposed adjustments to its foreign investment fee regime for all foreign buyers of residential property, tripling the application fee for established dwelling purchases in addition to doubling the annual vacancy fee for foreign owned residential dwellings which are …

Subsidised Employee Housing – a recipe for success, or disaster?

Regional local governments are feeling the pinch of a tight recruitment market and are turning to a reliable employee attraction strategy – subsidised housing. With rent skyrocketing across Australia, subsidised housing may be the deal-maker for many prospective employees. However, subsidised housing presents a complex intersection between employment and property issues.  If subsidised rental is …

Outcomes of Developer Review Panel

Proposed reforms for developers in Queensland’s building and construction industry. The independent Developer Review Panel (Panel) appointed under the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) has proposed a more stringent framework for developers in the building and construction industry in Queensland. Late last year, the Panel released its discussion paper on …

Impacts of Queensland’s reforms to rent increase caps

From 1 July 2023, reforms will commence which cap rental increases under residential tenancy agreements and rooming agreements to once every 12 months.  The cap applies to all tenancies, including social housing provided by community housing providers (CHPs), and may have a disproportionate impact on these organisations, where rent is calculated based on a proportion …

Recent announcements tackling housing supply

It’s been a time of unprecedented activity as State and Federal governments, together with industry stakeholders, seek to tackle the housing crisis across Australia.  As is clear from the fortnight snapshot below, there are a number of different levers available to both State and Federal Government which may be adjusted to address these issues – …

Key considerations for Queensland’s eConveyancing mandate – commencing February 2023

Earlier this year, we discussed Queensland’s move towards mandatory electronic conveyancing (eConveyancing). The Land Title Regulation 2022 (Qld) (Regulation) has now been issued, providing further detail on the initial scope of the eConveyancing mandate for Queensland commencing on 20 February 2023. This article summarises the documents that must be lodged through an Electronic Lodgment Network …

Verification of identity – does it always need to be in person?

[vc_row][vc_column][vc_column_text]Verification of Identity (VOI) is an important safeguard in property transactions, providing certainty about the identity of parties and aiming to prevent fraudulent dealings.  Traditionally, this process has taken place via face-to-face meetings; however, given technological advancements and requirements resulting from the COVID-19 pandemic, verifying a party’s identity virtually is becoming more common. With the …

Business Interruption Insurance – COVID-19 Test Case creates opportunity for loss recovery

The outbreak of the COVID-19 pandemic in Australia and overseas has had a hugely damaging economic effect on the business community. Many of these businesses hold Business Interruption (BI) insurance and may have either had claims declined or not pursued them on advice that the policy did not respond. Alternatively, they may not have considered …

Alignment across the States: A fundamental overhaul of security of payment regulation in Western Australia

Overview On 23 September 2020, the Parliament of Western Australia (WA) introduced the broad-ranging Building and Construction Industry (Security of Payment) Bill 2020 (WA) (SOP Bill) to the Legislative Assembly.  It proposes a fundamental overhaul of security of payment regulation in WA by replacing the existing regime under the Construction Contracts Act 2004 (CC Act) …

Build-to-rent: a COVID-19 green shoot?

[vc_row][vc_column][vc_column_text] WHO SHOULD READ THIS State Government entities. THINGS YOU NEED TO KNOW The Commonwealth and NSW Governments are working together to drive build-to-rent projects in New South Wales. The changes will enable Governments to benefit from build-to-rent developments and deliver new social, affordable and private dwellings on Government owned land. WHAT YOU NEED TO …