Following the outbreak of COVID-19 in Australia and the staged shutdowns that have been implemented across the country, the outlook for the housing market faces significant uncertainty. Whilst the full impact of COVID-19 on the economy, labour market and housing demand still remains to be seen, as part of its response to the impacts of …
Continue reading “NSW Government proposes new Housing Diversity SEPP”
On 11 February 2020, the New South Wales Supreme Court in the case of Armidale Regional Council v Vorhauer (No 2) [2020] NSWSC 56 expanded the costs that are recoverable by a local council under section 718 of the Local Government Act 1993 (LG Act) as part of the sale of land for unpaid rates. …
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Respondents beware of new protections for claimants enforcing adjudicated amounts WHO SHOULD READ THIS All principals, head contractors, subcontractors, suppliers and consultants performing construction work in Queensland as well as institutions that provide finance for building and construction projects. THINGS YOU NEED TO KNOW Key provisions of the Building Industry Fairness (Security of Payment) and …
Continue reading “BIF Act reforms commencing 1 October 2020”
Practical implications on leasing The COVID-19 pandemic has caused significant disruption and uncertainty for both landlords and tenants to retail and commercial leases. As a result, the Federal Government released a mandatory code of conduct for commercial leasing. The code was adopted to varying degrees by each state and territory through its own legislation and …
Continue reading “Subleasing emerging as a key trend following COVID-19”
WHO SHOULD READ THIS All engineers and engineering firms, and the owners, principals and contractors who engage engineers for their projects in the building and construction industry in New South Wales. WHAT YOU NEED TO KNOW From 1 July 2021, only registered professional engineers (or those under the direct supervision of a registered professional engineer) …
The easing of lockdown restrictions in all states and territories across Australia is seeing a gradual return to the workplace, both in commercial office buildings, and retail shopping centres. As landlords, building managers and tenants prepare for this, it is undeniable that how leases will be negotiated and administered has changed forever. Legislative changes The …
WHO SHOULD READ THIS Landlords and SME tenants of retail and commercial leases in Queensland. THINGS YOU NEED TO KNOW The Queensland Government released Regulations on 28 May 2020, implementing the National Code. While based on the Code, the Regulations differ in a number of ways, and significantly alter the rights and obligations of both …
When finalising agreements with tenants pursuant to the new Commercial Leasing Code of Conduct (Code), landlords should properly consider the potential GST treatment of the agreement and ensure that any deferral of reduction of rent will operate as intended from a GST perspective. Under the Code, landlords of tenants whose business has been significantly affected …
Continue reading “New Commercial Leasing Code of Conduct – have you considered GST treatment?”
WHO SHOULD READ THIS Landlords and tenants of residential properties in Queensland. Particularly where a tenant is suffering financial hardship because of COVID-19. WHAT YOU NEED TO KNOW Queensland Parliament have passed the COVID-19 Emergency Response Act 2020, which amends the Residential Tenancies and Rooming Accommodation Act 2008 (Act) and allows regulations to be made …
Continue reading “Residential tenancy changes in Queensland during the COVID-19 pandemic”
The real estate market is rapidly changing as a result of the current COVID-19 pandemic. Consideration of potential disruptions that may be caused by the pandemic should be made for any new property contracts Councils may be considering entering into. For Councils that have entered into contracts for the sale and purchase of land, the …
Continue reading “COVID-19 – Property acquisition and disposal”
WHO SHOULD READ THIS Landlords and tenants of commercial or retail properties in Australia. Particularly those who are about to negotiate upcoming rental payments or take action for a lease default. THINGS YOU NEED TO KNOW The National Cabinet have agreed on a national code of conduct to regulate commercial leases during the COVID-19 pandemic …
Continue reading “COVID-19 changes to commercial and retail leases”
Can a retirement village be ’closed off’ to access? The short answer is no. While an Operator is entitled to control the land and facilities it operates, residents have the right to ‘quiet enjoyment’ of their residence, including the right to lawful access. However, residents of all Queensland retirement villages are subject to the Home …
Continue reading “Closing retirement villages to visitors – a no go zone?”
WHO SHOULD READ THIS Anyone who owns, buys or leases land in Queensland. THINGS YOU NEED TO KNOW Recent legislative changes may increase certain land tax assessments, and therefore careful consideration should be given to any outgoings adjustment under a land sale contract or any recovery of outgoings under a lease. WHAT YOU NEED TO …
Continue reading “QLD land tax changes – beware when buying, selling and leasing property”
