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Latest Property Law Updates in Australia for 2025

Expertly authored practice-area news, key cases and legislative reforms. Register or log in below to access the full legal updates.

NSW: Principal place of residence exemption from land tax – updates from Revenue NSW

Date:12 March 2025
Source: Revenue NSW 

Following our earlier update on 3 September 2024 about changes to the Land Tax Management Act 1956 (NSW) and the updated Revenue Ruling: The principal place of residence exemption - Minimum interest to be held by person to claim exemption, Revenue NSW has updated its Land tax exemption for principal place of residence page to reflect the changes to the PPR exemption from the 2025 tax year onwards. Land tax returns seeking to apply the PPR exemption need to be lodged by no later than 31 March 2025, or the due date of the notice of assessment.

VIC: New rescission rights under the Sale of Land Act 1962 (Vic) introduced by the Building Legislation Amendment (Buyer Protections) Bill 2025 (Vic)

Date:6 March 2025
Source: Victorian Legislation

Abstract:

The Building Legislation Amendment (Buyer Protections) Bill 2025 (Vic) (Bill) was introduced to the Victorian Parliament on 4 March 2025, and is principally focused on domestic building reforms including establishing a new Building and Plumbing Commission with expanded enforcement powers, requiring developer bonds for residential apartment buildings greater than 3 storeys, and altering the domestic building insurance scheme to allow owners to access insurance for defective building works earlier.

The Bill also changes the Sale of Land Act 1962 (Vic) as follows:

  • Vendors under off-the-plan contracts for lots in residential apartment buildings greater than 3 storeys cannot require or permit a purchaser to take possession of the relevant lot if an occupancy permit for that lot, or for that part of the building which contains that lot, has not issued.
  • Failure to comply will entitle the purchaser to rescind the contract under s 9AE(1).
  • Purchasers under off-the-plan contracts for lots in residential apartment buildings greater than 3 storeys can rescind the contract of sale if an occupancy permit has…

TAS: Indefeasibility of title in Tasmania may not extend to interests omitted in error which could be discovered through title investigations (Williamson v Recorder of Titles)

Date:5 March 2025
Court: Supreme Court of Tasmania
Judge(s): Marshall AJ
Judgment date: 3 March 2025
Catchwords: Real Property - Torrens Title – Indefeasibility of title – Exceptions for omitted easements

Abstract:

The Supreme Court of Tasmania in Williamson v Recorder of Titles [2025] TASSC 9 addressed the reinstatement of easements mistakenly deleted from the Register of Title to land (Register) and considered whether indefeasibility of title protected the owner of the servient land from reinstatement of the easement. The court upheld the Recorder of Titles' (Recorder) decision to correct the error under s 143C of the Land Titles Act 1980 (Tas), emphasising the importance of maintaining the accuracy of the Register and the exceptions to indefeasibility of title.

Facts:

The Williamsons purchased a property in April 2008, unaware that six easements had been mistakenly deleted from the title. These easements, crucial for access by neighbouring properties, were originally part of a Sealed Plan approved by the Tasman Council in 2006. The Recorder erroneously deleted these easements in 2007 without council direction.

In June 2023…

QLD — Revenue Legislation Amendment Act 2024 (Qld) awaits assent

Date:26 February 2025
Source: Queensland Legislation
Jurisdiction: Queensland

Abstract:

Further to our earlier update on 30 January 2025, the Revenue Legislation Amendment Bill 2024 (Bill) was passed on 20 February 2025, with amendment, and awaits assent.

The key amendments to the Bill were to ensure that the additional foreign acquirer duty imposed under the Duties Act 2001 (Qld), and the land tax surcharge rate for foreign companies or trustees of foreign trusts and absentee owners imposed under the lax Tax Act 2010 (Qld), are imposed as was intended by the Parliament for certain periods. The Explanatory Notes for the amendments (available here) to the Bill detail the reasons that the amendments were necessary.

The Bill, the amendments to the Bill, and the original Explanatory Notes are available for download from the Queensland Parliament website.

TAS: E-conveyancing – update on status of paper certificates of title in Tasmania

Date:24 February 2025
Source: Land Tasmania

Following our Latest Legal Update on 21 February 2025, the Recorder of Titles has provided an update on the current and future status of paper certificates of title in Tasmania.

The update confirmed that paper certificates of title will remain part of the conveyancing process through to at least 31 December 2025 (and possibly beyond). When a title is required to complete an e-conveyancing transaction via PEXA, the relevant party will be required to produce the title to Land Titles Office through the appropriate production procedure via the Tasmania Online Land Dealings system.

It is intended that certificates of title will be removed at some time in the future, but a decision on when they will be removed will not be taken until a number of issues have been resolved. The Recorder will provide at least 3 months notice before certificates of title are removed from the conveyancing process.

Further information and updates on the status of certificates of title in Tasmania can be found at Land Tasmania’s website here. Information about the reforms to the conveyancing process arising from the…

E-conveyancing – Senate committee inquiry into micro competition opportunities within the e-conveyancing industry

Date:24 February 2025
Source: Australian Senate

The Senate has referred an inquiry into micro-competition opportunities in the Australian economy in relation to e-conveyancing to the Senate Economics References Committee. The Committee is accepting written submissions until 7 March 2025 and is due to finalise its report by 1 September 2025 (being the first parliamentary sitting day in September).

Submissions can be made at the Inquiry page on the Parliament of Australia’s website.

Foreign buyers to be temporarily banned from acquiring established residential dwellings from 1 April 2025 to 31 March 2027

Date:24 February 2025
Source: Australian Taxation Office | The Treasury

The government has announced an upcoming temporary ban on foreign persons (including temporary residents and foreign-owned companies) buying established residential dwellings.

There will be limited exceptions to the ban. There will be an exception for investments that significantly increase housing supply or support the availability of housing supply. There will also be exceptions for the Pacific Australia Labour Mobility scheme. Existing exceptions for purchases of residential land or dwellings by permanent residents, New Zealand citizens, and spouses of Australian citizens and permanent residents or New Zealand citizens (where purchasing as joint tenants), will remain in place.

The government also announced enhanced compliance and enforcement activities by the Australian Taxation Office and audit activities by the Treasury. These activities will focus on identifying and preventing land banking by foreign investors and ensuring compliance with development timeframes for vacant residential land already owned by foreign persons.

Full details of the legislative and policy changes are not yet available. The ATO and Treasury are expected to publish updated guidance prior to the commencement…

TAS: Transfers of land now available for electronic lodgement in Tasmania

Date:21 February 2025

Following our Latest Legal Update of 21 January 2025, transfers of land and associated lodgement instructions are now available for electronic lodgement via Property Exchange Australia (PEXA) in Tasmania.

Details on how to complete transfers of land and associated documents can be found on PEXA’s Tasmania Help Centre.

The State Revenue Office is also working on enabling duty assessments for electronic lodgements. Resources on electronic duty assessments can be found on the State Revenue Office pages:

Part-tenancy transfers, and transfers where a party is a trustee or personal representative of a deceased person, must still be completed in paper.

For more information, see Land Tasmania’s Electronic Conveyancing in Tasmania page.

E-conveyancing - ARNECC’s next stages on interoperability

Date:20 February 2025
Source: Australian Registrars’ National Electronic Conveyancing Council

Abstract:

The Australian Registrars’ National Conveyancing Council (ARNECC) has announced the next stages on the interoperability program after pausing the program in 2024 due to issues raised by the banking industry as outlined in our earlier updates on 24 September 2024 and 28 June 2024.

As a result of the pause on the interoperability program a review was undertaken regarding the issues raised to assess possible next stages.

ARNECC’s immediate next stages are:

  • engaging an independent consultant to liaise with ELNOs and subscribers about functional interoperability requirements for interoperable or non-interoperable transactions;
  • an updated cost benefit analysis test to assess if the direct connect interoperability model is the most relevant;
  • implementing a new review program governance structure; and
  • undertaking a separate review of the e-conveyancing regulatory system.

The reviews are expected to conclude around mid 2025.

For further details see the ARNECC website.

SA: Changes to eligibility criteria for first home owner grant and stamp duty relief for first home buyers

Date: 17 February 2025
Source: RevenueSA First home owner grant | Stamp duty relief for eligible first home buyers

Abstract:

Amendments to the Duties Act 1923 commenced on 13 February 2025 and have changed the eligibility criteria for the first home owner grant and for stamp duty relief available to first home buyers.

From 13 February 2025, to be eligible for either the first home owner grant or for stamp duty relief as a first home buyer, the first home buyer or their spouse or partner must not own or have owned (or hold or have held a relevant interest in) a residential property anywhere in Australia, even if they never lived in it.

For a contract entered into prior to 13 February 2025, a first home buyer may be eligible for either the first home owner grant or for stamp duty relief if they or their spouse or domestic partner own or have owned (or hold or have held a relevant interest in) a residential property anywhere in Australia, in which they resided for less than 6 continuous months.

Read more…

NSW: Strata Schemes Legislation Amendment Bill 2024 passed (NSW)

Date: 17 February 2025
Source: Parliament of New South Wales

Abstract:

The Strata Schemes Legislation Amendment Bill 2024 (NSW) passed on 13 February 2025, and is awaiting royal assent. Once assented, Schedules 1[12], [35] and [58]–[61] and 2[11], [32] and [52]–[55] will commence on the date of assent, with the remainder to commence on one or more days to be proclaimed.

See our earlier Latest Legal Update of 26 November 2024 for more information on the Bill.

NSW: Commissioner’s Practice Note published in relation to duty payable on options to purchase land

Date: 13 February 2025
Source: Revenue NSW

The Commissioner of State Revenue has published a new CPN 037: Grant of options to purchase land – Change in Beneficial Ownership (CPN 037), detailing the circumstances to be considered in transactions regarding the duty payable on options to purchase land and the ‘change in beneficial ownership’ provisions that have been in effect in NSW since 19 May 2022.

The main highlights of CPN 037 include:

  • Dutiable value on an option to purchase land: duty will be payable on a ‘call option’ or a ‘put/call option’ so that duty is calculated on the higher consideration given and the market value of the option.
  • Surrender or termination of an option to purchase land: duty will be payable on the surrender or early termination of an option to purchase land on the higher consideration given for the surrender or termination and the market value of the extinguished interest. An option to purchase land that has lapsed is not liable to duty.
  • Option extension fees and anniversary fees: all anniversary payments that are potentially payable will be considered in determining the dutiable…

NSW: Have your say on proposed off the plan contracts and covenants reforms before 7 March 2025

Date: 5 February 2025
Source: NSW Government

Abstract:

The public is being invited to have their say on proposed off the plan contracts and covenants reforms. The consultation period closes on 7 March 2025.

The NSW Government is proposing reforms to prevent property developers from delaying off the plan settlement dates and reducing financial risks to property purchasers.

Feedback is being sought on:

  • implementing mandatory sunset clauses in contracts where purchasers can rescind if the off the plan developments have not been completed or sunset events have not occurred by sunset dates;
  • disclosure requirements on property developers on the status of off the plan developments providing purchasers with greater understanding of timeframes;
  • limiting extensions on sunset dates unless there are weather or supply issues and implementing time limits on extensions; and
  • possible notices on land title developments.

Easier removal of obsolete covenants is also being considered including:

  • expansion of the types of outdated covenants that can be removed after 12 years; and
  • introducing time limits on some new covenants.

For further details see the Contracts and Covenants discussion paper.

The public has until…

WA: Foreign buyer transfers eligible for electronic lodgement from 5 February 2025

Date: 4 February 2025
Source: Landgate

From 5 February 2025:

  • transfers to one or more foreign buyers will be eligible for preparation and lodgement via the Property Exchange Australia (PEXA) Electronic Lodgment Network; and
  • for transfers prepared by practitioners and other industry professionals, such transfers must be prepared and lodged through PEXA due to the electronic conveyancing mandate.

However, Landgate will continue to accept transfers prepared and lodged in paper format for any transfer that:

  • was not eligible for electronic lodgement prior to 5 February 2025; and
  • is in relation to an Offer and Acceptance, or other written agreement, dated prior to 5 February 2025.

Further information regarding electronic conveyancing is available on Landgate’s ELE-01 Electronic Conveyancing page.

CPI figures released for the December 2024 quarter could impact leases

Date: 30 January 2025
Source: Australian Bureau of Statistics

Abstract:

The Consumer Price Index (CPI) figures have been released for the December 2024 quarter (that is, for the 1 October 2024 to 31 December 2024 period) by the Australian Bureau of Statistics.

Landlords and tenants should check their leases to see if a rent review CPI adjustment is required using the CPI figures for the December 2024 quarter.

For more information about the CPI figures, see the Australian Bureau of Statistics website.

For further details in relation to rent reviews, see our guidance on Rent review for non-retail leases, Rent review for retail leases, Leases – Checklist for conducting a rent review in accordance with the Consumer Price Index (CPI), and Leases – Acting for landlord – Checklist before entering into and finalising a commercial or retail lease.

QLD - Revenue Legislation Amendment Bill 2024 (Queensland)

Date: 30 January 2025
Source: Queensland Government | Queensland Legislation
Jurisdiction: Queensland

Abstract:

The Queensland government has announced that the Revenue Legislation Amendment Bill 2024 (Bill), first introduced in the Parliament on 12 December 2024, will be the first piece of legislation debated when Parliament resumes in February.

The Bill proposes to amend the Duties Act 2001 (Qld) to:

  • from 1 May 2025, provide full stamp duty relief to eligible first home owners entering into eligible transactions to purchase a new home to live in or vacant land on which they will build a home to live in;
  • effective from 6 December 2024, enable recipients of the transfer duty home concessions to rent part of their property during the 1-year occupation period and retain the full benefit of the relevant concession.

The Bill and Explanatory Memorandum are available for download from the Queensland Parliament website.

VIC – Caps on rent reviews permissible in retail leases in Victoria (Aldi Foods Pty Ltd v Northcote Shopping Centre Pty Ltd)

Date: 29 January 2025
Court: Supreme Court of Victoria
Judge(s): Croft J
Judgment date: 20 December 2024
Catchwords: Retail leases; rent review

Abstract:

The Supreme Court has held that caps on rent reviews under retail leases are permissible under section 35 of the Retail Leases Act 2003 (Vic).

The decision in Aldi Foods Pty Ltd v Northcote Shopping Centre Pty Ltd [2024] VSC 799, BC202418986 was an appeal from a VCAT decision in Northcote Shopping Centre Pty Ltd v Aldi Foods Pty Ltd [2024] VCAT 641 which held that a cap on either a market rent review or a CPI or other similar published index rent review was a form of a mixed rent review which was prohibited by section 35(2) of the Act. See our earlier update on the now overturned VCAT decision.

Croft J held (at [55]) that “I am of the view that the prohibition of a ‘collar’ but not a ‘cap’ on an outcome of a rent review process is entirely consistent with the language of s 35 and, indeed, the ongoing legislative approach to…

VIC: Replacement Revenue Ruling Land tax – Charity exemption (LTA-009v2)

Date: 24 January 2025
Source: State Revenue Office

The State Revenue Office published a new Revenue Ruling LTA-009v2 Land Tax – Charity Exemption, which replaces LTA-009. The new ruling takes effect from the 2025 land tax year. The new ruling references the exemptions in sections 78B and 78C of the Land Tax Act 2005 (Vic) introduced by the State Taxation Amendment Act 2024 (Vic) (the social and emergency housing exemptions, respectively) and the exemption in section 78D of the Land Tax Act 2005 (Vic) introduced by the State Taxation Further Amendment Act 2024 (Vic) (the housing provided for relief of poverty exemption).

TAS: E-conveyancing expansion in February for Tasmania

Date: 21 January 2025
Source: Department of Natural Resources and Environment Tasmania — Land Titles Office | PEXA

Practitioners can expect to start using an ELNO for electronic settlements of property transfers from February 2025. Currently, the only ELNO operating in Tasmania is PEXA.

PEXA has a page where practitioners can register their interest to register for PEXA and to receive updates and news about using PEXA for transactions in Tasmania.

Information on reforms to the conveyancing process in Tasmania can be found here and information about the introduction of electronic conveyancing in Tasmania can be found here.

Initial Build to Rent Affordability Standards

Date: 7 January 2025
Source: Commonwealth Treasury

Build to Rent development tax incentives were updated with the passing of the Treasury Laws Amendment (Responsible Buy Now Pay Later and Other Measures) Act 2024 (Cth) and the Capital Works (Build to Rent Misuse Tax) Act 2024 (Cth) in December 2024. The amendments of those Acts relating to Build to Rent matters took effect on 1 January 2025.

Amongst other criteria, to be eligible for incentives a Build to Rent development must have approximately 10% of the total number of dwellings as “affordable dwellings”.

The Commonwealth Government’s Income Tax Assessment (Build to Rent Developments) Determination 2024 (Cth) sets out the initial criteria for an affordable dwelling, being:

  • the rent payable under a lease for the dwelling must be 74.9% or less of the market rent; and
  • the dwelling must be tenanted, or available to be tenanted, by:
    • an adult living alone with a taxable income of less than 120% of the average annual earnings;
    • 2 or more adults living together with a combined taxable income of less than 130% of the average annual earnings; or
    • 1 or more adults with one or more…

ARNECC releases new publication on common errors found in compliance examinations

Date: 19 December 2024
Source: ARNECC

ARNECC has released a new publication, Common errors from subscriber compliance examinations. The publication provides guidance to subscribers of ELNOs about some of the common errors found across all jurisdictions when Registrars undertake compliance examinations.

The common errors found are grouped under headings (eg, client authorisation, verification of identity, verification of right to deal, supporting evidence, certifications, subscriber compliance and instructing practitioner engaging a subscriber (e-lodgment subscriber)). Under each heading are descriptions of the errors found and what a subscriber should do to comply with the relevant requirements.

For more guidance on what practitioners can expect in a compliance examination, see our Guidance Note: Compliance and oversight.

ACT: Residential tenancies changes introduced by Housing and Consumer Affairs Legislation Amendment Act 2024 (ACT) take effect on 10 December 2024 and 9 January 2025

Date: 10 December 2024
Source: ACT Legislation Register

The Housing and Consumer Affairs Legislation Amendment Act 2024 (ACT) (Amending Act) was notified on 9 July 2024, with several parts of that Act taking effect in that month. See our earlier Latest Legal Updates of ACT: Housing and Consumer Affairs Legislation Amendment Bill 2024 (ACT) and ACT: Housing and Consumer Affairs Legislation Amendment Act 2024 (ACT) notified 9 July 2024.

The Amendment Act’s changes to the Residential Tenancies Act 1997 (ACT) were deferred, but have now been announced to commence on 10 December 2024 and 9 January 2025 (as applicable), pursuant to the Housing and Consumer Affairs Legislation Amendment Commencement Notice 2024 (ACT) and the Residential Tenancies Amendment Regulation 2024 (No 1) (ACT).

The amendments taking effect on 10 December 2024 include:

  • rent increases being limited to once every 12 months;
  • break-lease fee clauses included as a mandatory term for fixed-term tenancy agreements;
  • the same property condition report can continue to be used for renewed or subsequent tenancies, where at least one tenant remains the same…

QLD: Principal place of residence concessions, certain additional foreign acquirer duty exemptions, and certain grants not to be reassessed if purchaser leases out part of the property on or after 10 September 2024

Date: 10 December 2024
Source: Queensland Government

The Queensland Government has announced that certain duty concessions, exemptions and grants, particularly for first home buyers, will not be reassessed if those buyers subsequently lease out part of the property.

The Queensland Government has announced that certain duty concessions, exemptions and grants, particularly for first home buyers, will not be reassessed if those buyers subsequently lease out part of the property.

Public revenue rulings and practice directions:

give effect to this and provide that for any lease (including any short term or holiday rental) entered into and taking effect on or from 10 September 2024 over part (but not all) of a property for which:

  • a transfer duty concession for a home, first home or vacant land on which a first home is to be constructed; or
  • an additional foreign acquirer duty exemption for specified foreign retirees,

(or both) was granted, that lease will…

WA: Self-represented parties verification of identity process changing early 2025

Date: 10 December 2024
Source: Landgate

Landgate has advised in its Customer Information Bulletin 435: December 2024 that changes are planned in early 2025 for the verification of identity process for self-represented parties.

While the verification of identity process for self-represented parties will remain:

  • a Verification of Identity Statement will no longer be provided to the identified party;
  • the identified self-represented party will need to complete a statutory declaration for each specified land transaction document they intend to lodge with Landgate for registration or noting;
  • persons who can only satisfy Category 5 Identity Documents under the Verification of Identity Standard, will be unable to represent themselves in a land transaction; and
  • the number of Australia Post participating outlets will be slightly reduced.

More information will be made available closer to the commencement date of the changes.

QLD: Land Title Practice Manual updated effective 9 December 2024

Date: 9 December 2024
Source: Titles Queensland

Titles Queensland has updated the Land Title Practice Manual (LTPM), effective from 9 December 2024.

The updated version of the LTPM is available here.

A summary of the changes is available here.

Legal profession regulators issue joint statement regarding ethical and responsible use of AI by lawyers

Date: 6 December 2024
Source: Law Society of New South Wales

A new Statement on the use of AI in Australian legal practice (Statement) has been jointly issued by legal profession regulators in Uniform Law states, namely the Law Society of New South Wales (LSNSW), the Legal Practice Board of Western Australia (LPBWA), and the Victorian Legal Services Board and Commissioner (VLSBC).

The Statement is based on the ethical conduct rules and duties that legally bind practitioners, and applies to solicitors in New South Wales, and to solicitors and barristers in Victoria and Western Australia. 

Statement on the use of AI by lawyers

The Statement contains a set of common principles to guide lawyers in their use of artificial intelligence (AI), with the aim of protecting clients from risk, ensuring that AI is used for the benefit of clients, and preserving the proper administration of justice.

A number of the principles align with practitioners’ duties to maintain high ethical standards and comply with their professional obligations under the Legal Profession Uniform Law (Uniform Law), and the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules…

SA: Retail and Commercial Leases (Prescribed Threshold) Amendment Regulations 2024 (SA)

Date: 6 December 2024
Source: South Australia Legislation

Abstract:

The Retail and Commercial Leases (Prescribed Threshold) Amendment Regulations 2024 (SA) (Amending Regulations) increases the prescribed threshold for the purposes of ss 3(1a) and 4(2)(a) of the Retail and Commercial Leases Act 1995 (SA) (Act) from $400,000 excluding GST to $420,000 excluding GST.

The Act does not apply to any retail shoplease that has a rent which exceeds the prescribed threshold.

The Amending Regulations take effect on 1 July 2025, meaning the prescribed threshold remains $400,000 excluding GST until that date.

VIC: Consumer and Planning Legislation Amendment (Housing Statement Reform) Bill 2024 (Vic)

Date: 6 December 2024
Source: Victorian Legislation

Abstract:

The Consumer and Planning Legislation Amendment (Housing Statement Reform) Bill 2024 (Vic) proposes to make various amendments across several consumer, property and planning oriented Acts. Some of the key proposed amendments are summarised below:

Residential Tenancies Act 1997 (Vic)

  • Prescribe the form and content of application forms that can be used by potential renters to apply for a tenancy, and prescribe what information can be requested from potential renters.
  • Prohibit a rental provider or their agent from advertising premises for rent if they do not reasonably believe the premises complies with the rental minimum standards.
  • Prohibit renting a premises for more than the fixed amount it was advertised for and prohibiting the collection of more than one month’s rent in advance (even if the renter offers greater amounts unsolicited).
  • Increase the notice period for rent increases from 60 days to 90 days for standard residential tenancies, rooming house tenancies, sites in caravan parks/for moveable dwellings, site agreements and specialist disability accommodation.
  • Impose duties to ensure working smoke alarms are installed and regularly tested, regardless of when the rental agreement was…

VIC: Changes for unrepresented parties from 28 November 2025

Date: 2 December 2024
Source: Victorian Land Registry

From 28 November 2025, unrepresented individuals will only be able to lodge the following 7 types of transactions themselves at Land Registry:

  • discharge of mortgage (from non-bank lenders only);
  • a survivorship application;
  • a transmission application;
  • a transfer without monetary consideration;
  • an application for a new folio of the register;
  • a caveat;
  • a withdrawal of caveat.

For any other type of transaction, an individual must be represented by a lawyer or conveyancer to lodge the transaction on their behalf.

The Victorian Land Registry has put together the Lodging as an individual from November 2025 Factsheet. SERV has an outline of the lodgement process for individuals on its Land Registry Services webpage.

Cth: Help to Buy Bill 2023 (Cth) and Help to Buy (Consequential Provisions) Bill 2023 (Cth)

Date: 2 December 2024
Source: Parliament of Australia
Jurisdiction: Commonwealth

Abstract:

The Help to Buy Bill 2023 (Cth) (Bill) and the Help to Buy (Consequential Provisions) Bill 2023 (Cth) (Consequential Bill) have passed both Houses of Parliament, following the Senate’s approval and return of the Bill to the House of Representatives with amendments, and the House of Representative’s approval to those amendments on 27 November 2024.

The Bill and Consequential Bill will take effect 1 day after it receives Royal Assent, and all Territories will automatically participate in the program established by the Bill from that date. However, each State will need to introduce its own legislation to implement the Bill.

Click here to view the full text of the Help to Buy Bill 2023 (Cth) and the Help to Buy (Consequential Provisions) Bill 2023 (Cth).

Click here to view the Explanatory Memorandum and Supplementary Explanatory Memorandum.

Vic: Residential Tenancies and Residential Tenancies (Rooming House Standards) Amendment (Minimum Energy Efficiency and Safety Standards) Regulations 2024 (Vic)

Date: 2 December 2024
Source: Victorian Legislation
Jurisdiction: Victoria

Abstract:

Following Engage Victoria’s consultation earlier this year (see our Latest Legal Update of 4 June 2024), the Residential Tenancies and Residential Tenancies (Rooming House Standards) Amendment (Minimum Energy Efficiency and Safety Standards) Regulations 2024 (Vic) (Amending Regulations) were made on 26 November 2024 and took effect on 1 December 2024.

The Amending Regulations amend:

The new corded internal window covering requirements for standard residential tenancies must be complied with from 1 December 2025.

For rooming houses:

  • from 1 December 2024 to 30 November 2025, heaters are not required but if they are installed or have an outlet into a room they must be a fixed heater in good working order (unless it is unreasonable to install a fixed heater);
  • from 1 December 2025 to 30 November 2030, fixed…

Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024 (Cth)

Date: 29 November 2024
Source: Parliament of Australia
Jurisdiction: Commonwealth

Abstract:

On 28 November 2024 the Parliament passed the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill (Bill) which amends the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to make changes to Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime.

The Bill extends the scope of the AML/CTF regime to impose AML/CTF obligations including customer due diligence and reporting obligations on real estate professionals, dealers in precious metals and precious stones, and professional service providers, including lawyers, conveyancers, accountants and trust and company service providers (also known as ‘tranche two’ entities). The obligations with respect to tranche 2 entities will commence 31 March 2026.

The Bill as passed includes amendments made in response to recommendations in the final report from the Senate Legal and Constitutional Affairs Legislation Committee’s inquiry into the provisions of the Bill. There are also minor amendments to refine drafting and provide clarity to reporting entities.

Amendments include

  • Excluding barristers from carrying out AML/CTF obligations where they have been instructed by a solicitor. The instructing solicitor would be responsible for carrying out AML/CTF obligations on their client.
  • Introduction of…

VIC: Voluntary disclosure program and penalty tax amnesty extended to 31 March 2025

Date: 28 November 2024
Source: State Revenue Office

The State Revenue Office has extended the voluntary disclosure program and penalty tax amnesty to 31 March 2025, to allow for requests for private rulings on capital raisings in landholder entities.

Affected landholders can request a private ruling from the Commissioner about whether any historical capital raising is subject to duty as an associated transaction following the decision in Oliver Hume Property Funds (Broad Gully Rd) Diamond Creek Pty Ltd v Commissioner of State Revenue [2024] VSCA 175. Following that decision, the State Revenue Office updated its Revenue Ruling DA-057v2 Landholder provisions – meaning of associated transaction.

Within the amnesty period, the Commissioner will remit penalty tax for any disclosed or determined liabilities arising from capital raisings in landholder entities. In addition, the Commissioner will not impose the full rate of interest on any disclosed or determined liabilities.

The Commissioner has encouraged landholders to review their historical capital raisings in light of the decision and the updated Revenue Ruling DA-057v2 and to make a voluntary disclosure or request a private ruling if it is considered that a liability for duty…

NSW: Key details for 2025 land tax year preparation for property purchasers

Date: 27 November 2024
Source: Revenue NSW

Abstract:

As a result of recent legislative changes, Revenue NSW has outlined key details for 2025 land tax year preparation for property purchasers as follows:

Fixed land tax thresholds

From 1 January 2025 land tax thresholds are to be frozen and will not change for subsequent land tax years at:

  • $1,075,000 for general thresholds; and
  • $6,571,000 for premium thresholds.

By 1 June 2027, both thresholds will be assessed by the Treasurer to verify they are still appropriate for property owners and market conditions.

Increased surcharge land tax rates for foreign owners

From 1 January 2025 surcharge land tax rates will rise for foreign owners from 4% to 5%, where 2025 surcharge land tax assessments will be assessed at 5% of the complete residential land value.

Notice of assessments to be issued sooner

From 2 January 2025, the 2025 land tax notice of assessments will commence being issued.

Where property settlements are due in the first week of January, purchasers are able to request an early issue of the notice of assessment by logging into their MyServiceNSW account, entering the property settlement…

NSW: Strata Schemes Legislation Amendment Bill 2024 (NSW)

Date: 26 November 2024
Source: NSW Legislation

Abstract:

The Strata Schemes Legislation Amendment Bill 2024 (NSW) (Bill) was introduced to the NSW Parliament on 20 November 2024, and proposes to amend the Strata Schemes Management Act 2015 (NSW), the Community Land Management Act 2021 (NSW) and associated regulations made under those Acts (together with some consequential amendments to other Acts and regulations).

The amendments implement some of the recommendations made in the Department of Customer Service’s Statutory Review of the Strata Schemes Development Act 2015 and Strata Schemes Management Act 2015.

Amendments to the Strata Schemes Management Act 2015 (NSW) and/or the Community Land Management Act 2021 (NSW) include:

  • Increased maximum penalty and new on-going offences for failing to convene the first annual general meeting (AGM) within 2 months of the initial period, and failure to deliver certain documents at least 14 days before the first AGM.
  • Where the strata or association scheme is at least 3 storeys, a new offence for the original owner to fail to deliver evidence at least 14 days before the first AGM of:
    • an initial maintenance schedule (IMS) being prepared in the prescribed form and…

State Taxation Further Amendment Bill 2024 (Vic)

Date: 25 November 2024
Source: Victorian Parliament

Abstract:

The State Taxation Further Amendment Bill 2024 (Vic) is currently before the Legislative Council and is expected to be debated and passed during the sitting week ending 28 November 2024. The Bill proposes to do the following:

  • Amend the Duties Act 2000 (Vic) to provide additional duty exemptions for ‘tax reform scheme land’, which is land that has already entered the commercial and industrial property tax (CIPT) scheme (CIPT scheme). See our earlier update dated 21 March 2024 about the CIPT generally and about when land enters the CIPT scheme. Some key aspects of the reforms to the CIPT provisions of the Duties Act 2000 (Vic) are outlined below.
    • The duty exemptions available for dutiable transactions with ‘tax reform scheme land’ (CIPT land) would be for certain ‘standard transactions’ and ‘non-standard transactions’ dealing with CIPT land.
    • The new additional duty exemptions are for those dutiable transactions with CIPT land which are ‘non-standard transactions’.
    • ‘Non-standard transactions’ are defined in clause 4(3) of the Bill as:
      • the grant of a dutiable lease over CIPT land;
      • the transfer or assignment of a…

ACT: Forms under Registration of Deeds Act 1957 (ACT) no longer accepted from 1 February 2025

Date: 25 November 2024
Source: Access Canberra

Access Canberra advises that all approved forms under the Registration of Deeds Act 1957 (ACT), as shown on the legislation register, will soon be repealed.

The repealed forms will be accepted for registration up to 1 February 2025, after which the latest forms on Access Canberra’s Land title lodgement, registration and search forms related fees page should be used.

Failure to use the latest approved forms on or after 1 February 2025 may lead to requisitions or refusals.

For further information see Access Canberra’s November Land Titles Bulletin.

Formation of Australian Land Registry Operators (ARLO) group

Date: 25 November 2024
Source: Australian Land Registry Operators

The Australian Land Registry Operators group was formed in November and comprises five privately operated land registries and services providers: Secure Electronic Registries Victoria, NSW Land Registry Services, Titles Queensland, Land Services SA and Land Services WA.

A stated purpose of ARLO is to provide for national consistency in land registry data and the products offered by the land registries and services providers.

Presently, ARLO offers five products:

  • Mortgage Title Verifications;
  • Title Alerts
  • Ownership Checks
  • Mortgage Market Insights
  • Commemorative Titles

WA: Updated Commissioner’s Practice guidance for when valuations of land are required due to a reduction in consideration

Date: 12 November 2024
Source: Western Australia Department of Finance

The Western Australian Department of Finance has released two new Commissioner’s Practice notes:

Commissioner’s Practice notes are directions to staff on how to approach practical issues, or manage any statutory discretions. See their explanation and status.

The Reduction in Consideration CP generally sets out when a valuation for duty assessment purposes may be required if the consideration payable for a transaction is reduced. Amongst other changes, the new Reduction in Consideration CP:

  • clarifies a new valuation is not required for properties with an unencumbered value of less than $2 million, if that $2 million unencumbered value is supported by a valuation the complies with the Valuation CP; and
  • clarifies that no new valuation is required if the reduction is due to the removal of GST from the purchase price because the supply is a going concern, the supply of an existing residential property, to an ATO ruling provides GST does…

NSW: Residential Tenancies Amendment Act 2024 (NSW) receives Royal Assent

Date: 7 November 2024
Source: NSW Legislation
Jurisdiction: New South Wales

On 31 October 2024 the Residential Tenancies Amendment Act 2024 (NSW) (Amending Act) received Royal Assent with commencement to be as follows:

(a) Schedule 1[5], [7], [20] and [21] – on the date of assent to the Amending Act;

(b) Schedule 1 [22] – commences on 1 July 2025 or on an earlier date to be appointed by proclamation; and

(c) all other amendments - on a day or days to be appointed by proclamation.

Further information about the Amending Act is available in our earlier update of 18 October 2024.

VIC: Short Stay Levy Act 2024 (Vic) receives Royal Assent

Date: 5 November 2024
Source: Victorian Legislation
Jurisdiction: Victoria

On 29 October 2024 the Short Stay Levy Act 2024 (Vic) (Act) received Royal Assent. The Act will commence on 1 January 2025.

Further details about the Act are available in our earlier updates of 30 August 2024 and 17 October 2024.

Click here to view the full text of the Act.

Click here to view the Explanatory Memorandum.

CPI figures released for the September 2024 quarter could impact leases

Date: 31 October 2024
Source: Australian Bureau of Statistics

Abstract:

The Consumer Price Index (CPI) figures have been released for the September 2024 quarter (that is, for the 1 July 2024 to 30 September 2024 period) by the Australian Bureau of Statistics.

Landlords and tenants should check their leases to see if a rent review CPI adjustment is required using the CPI figures for the September 2024 quarter.

For more information about the CPI figures, see the Australian Bureau of Statistics website.

For further details in relation to rent reviews, see our guidance on Rent review for non-retail leases, Rent review for retail leases , Leases – Checklist for conducting a rent review in accordance with the Consumer Price Index (CPI), and Leases – Acting for landlord – Checklist before entering into and finalising a commercial or retail lease.

Reminder: NSW: Surcharge purchaser duty charges apply from 1 January 2025

Date: 22 October 2024
Source: RevenueNSW

As summarised in our update on 27 June 2024, surcharge purchaser duty charges are set to commence on 1 January 2025 announced under the Revenue Legislation Amendment Act 2024 (NSW) (Amending Act).

The Amending Act amends the Duties Act 1997 (NSW) by increasing the surcharge purchaser duty rate from 8% to 9% and providing intermediate provisions regarding the increase.

This means that foreign persons who enter into a contract for the sale or transfer of residential property in NSW on or after 1 January 2025, will be liable for surcharge purchaser duty calculated at a rate of 9%.

RevenueNSW has produced a guide to the Amending Act outlining the implications for the surcharge purchaser duty along with the transitional provisions that will apply.

The 8% rate of surcharge purchaser duty under Schedule 1 of the Amending Act will continue to apply to the following:

  • the transfer of residential property under a contract for sale or transfer of the residential property entered into prior to the commencement of the amendment; and
  • a surcharge duty transaction resulting from the exercise of an option for the…

VIC: New temporary off-the-plan stamp duty concession

Date: 21 October 2024
Source: Premier of Victoria

Premier Allan has announced a new temporary off-the-plan stamp duty concession which:

  • will be available to anyone buying an apartment, unit or townhouse off-the-plan (ie, not just first home buyers and owner-occupiers) in Victoria; and
  • will not have the current thresholds that the existing off-the-plan concession has, meaning that the new temporary off-the-plan concession will be available for apartments, units and townhouses of any value.

The new temporary off-the-plan concession will apply for 12 months, from 21 October 2024.

More information about the temporary off-the-plan duty concession is available on the State Revenue Office’s website here.

NSW: Residential Tenancies Amendment Bill 2024 (NSW)

Date: 18 October 2024
Source: NSW Legislation
Jurisdiction: New South Wales

 

Abstract:

The Residential Tenancies Amendment Bill 2024 (NSW) (Bill) has been introduced to the New South Wales Parliament, and proposes to make amendments to the Residential Tenancies Act 2010 (NSW) (Act).

The proposed amendments include:

 

Section from the Bill

Section of the Act amended

Brief description

1

14(3)(b) (Landlord’s obligation to ensure written residential tenancy agreement)

Deletes “under section 85” and inserts “on a ground set out in sections 87E – 87M”.

Refers to the new grounds of termination for residential tenancies, as set out further below.

2, 3 and 4

19 (Prohibited terms)

Replaces s 19(2)(a). Prohibits requiring tenants to fumigate carpets, in addition to prohibition on professional cleaning of carpets.

Inserts new s 19(2)(f) Prohibits requiring a tenant to use a particular person or business’s services to carry out any tenant obligation.

Replaces s 19(3) Allows a carpet cleaning or fumigation requirement imposed as a reasonable condition of consent to keeping a pet under Pt 3 Div 8.

5

23 (Limit on amounts payable by tenant before agreement)

Replaces s 23 Clarifies that fees for background checks are prohibited, and prohibition…

NSW: Water Management Amendment (Water Access Licence Register Reform) Bill 2024 (NSW)

Date: 18 October 2024
Source: NSW Legislation
Jurisdiction: New South Wales

 

Abstract:

The Water Management Amendment (Water Access Licence Register Reform) Bill 2024 (NSW) (Bill) has been passed by Parliament, and will commence on a day to be set by proclamation. The Bill amends the Water Management Act 2000 (NSW) (Act).

The Bill:

  • Introduces a public water register to be maintained by the Minister, which contains consolidated information from other registers (eg the Access Register) and such other information considered appropriate by the Minister or as prescribed by any regulations (new s 395AA of the Act).
  • Requires any trust that holds a water access licence and which has any foreign beneficiaries to report to the Minister the name and contact details of those foreign beneficiaries (new s 87E of the Act).
  • Empowers regulations to prescribe a code of conduct for brokers (new s 71ZB of the Act).
  • Enables regulations to establish or adopt a system of unique identifiers for dealings with, and holders of, water access licences (new s 881(a1) of the Act).
  • Inserts a new term into operating licences that an irrigation corporation must be a member…

VIC: Short Stay Levy Act 2024

Date: 17 October 2024
Court: Victorian Legislation
Jurisdiction: Victoria

 

Abstract:

The Short Stay Levy Bill 2024 (Vic) was passed by the Legislative Council on 17 October 2024 without amendment and now awaits assent.

Our earlier update of 30 August 2024 outlines the key matters dealt with by the Bill, which include:

  • From 1 January 2025, a 7.5% levy will be imposed on short stays (being less than 28 days).
  • Booking platform providers, and renter or owners of short stay accommodation, must register with State Revenue Office.
  • Owner corporations will be permitted to make rules that prohibit a lot being used for short stay accommodation.

The Bill is available for download from the Victorian Legislation website.

Email advising that purchaser would not be in a position to settle insufficient to demonstrate repudiation when all surrounding circumstances considered (Thousand Hills Property Pty Ltd v LBA Capital Pty Ltd)

Date: 14 October 2024
Court: Supreme Court of Victoria
Judge(s): Gorton J
Judgment date: 10 October 2024
Catchwords: Property – Contract of sale- Repudiation - Anticipatory breach

 

Abstract:

In a dispute over the retention of a deposit for the purchase of apartments, the court found that the purchaser's email stating it would not be in a position to settle did not amount to repudiation in the circumstances. The decision examines the legal principles on repudiation and highlights the importance that the surrounding circumstances have on any question regarding whether a repudiation has occurred.

Disagreements subsequently arose over whether the building required Class 3 certification due to its NDIS purpose, and to what extent the plans attached to the contract required alterations.

By October 2020, both parties were dissatisfied with the contract. LBA Capital's representative, Mario Charisiou, discussed with Thousand Hill’s agent, Scott Liu, cancelling part or all of the contract of sale and having LBA Capital purchase alternative NDIS apartments in Mentone instead.

On 7 October 2020, Scott Liu emailed…

VIC: Homes Victoria releases its Rental Report for the June 2024 quarter

Date: 14 October 2024
Source: Homes Victoria | Department of Families, Fairness and Housing

Homes Victoria has released its Rental Report for the June 2024 quarter. The report details information on and trends within the private rental market in Victoria, and it is compiled using data from records kept by the Residential Tenancies Bond Authority. Past reports can be accessed on the Department’s website here.

VIC: New revenue ruling and amnesty period for voluntary disclosure regarding capital raising activities following Oliver Hume decision

Date: 9 October 2024
Source: Victorian State Revenue Office

Following the Court of Appeal decision in Oliver Hume Property Funds (Broad Gully Rd) Diamond Creek Pty Ltd v Commissioner of State Revenue [2024] VSCA 175 (Oliver Hume Decision), the Victorian State Revenue Office (SRO) has:

  • issued updated Revenue Ruling DA-057v2(Landholder provisions – meaning of associated transaction) to reflect the Oliver Hume Decision; and
  • invited voluntary disclosure of any capital raisings which may have occurred but for which duty has not been paid.

NT: New HomeGrown Territory and FreshStart New Home Grants now available for first home buyers and existing homeowners

Date: 8 October 2024
Source: Northern Territory Government

Abstract:

New HomeGrown Territory and FreshStart New Home Grants are now available to first home buyers and existing homeowners.

 

HomeGrown Territory Grant — Purchasing or building a new home

First home buyers can now apply for the $50,000 HomeGrown Territory Grant when building or purchasing a new home. The grant applies to:

  • owner-builders; and
  • off-the-plan purchases.

There is no limit on the build or purchase price and will apply to a signed contract to buy or build a new home between 1 October 2024 and 30 September 2025.

 

HomeGrown Territory Grant — Purchasing an established home

First home buyers can also apply for the $10,000 extended First Home Owner Grant under the HomeGrown Territory Grant when purchasing an existing home which includes:

  • houses;
  • townhouses; and
  • apartments.

There is no limit on the purchase price and applies to a signed contract to purchase an established home between 1 October 2024 and 30 September 2025.

 

FreshStart New Home Grant — Existing homeowners

Existing homeowners can now apply for the $30,000 FreshStart New Home Grant when purchasing or building a new…

Non-disclosure of potential contamination not misleading conduct or misrepresentation (191 Bells Pty Ltd v WJ & HL Crittle Pty Ltd)

Date: 25 September 2024
Court: Supreme Court of New South Wales — Court of Appeal
Judge(s): Ward P, Payne and Stern JJA
Judgment date: 16 September 2024
Catchwords: Misleading or deceptive conduct — Reasonable expectation of disclosure — Whether positive representations made on contamination status — Whether disclosures amounted to half-truths

Abstract:

In a dispute over alleged non-disclosure of contamination on land, the Court of Appeal dismissed the appeal, finding no misleading or deceptive conduct under the Australian Consumer Law (ACL). The exclusivity agreement (Exclusivity Agreement) did not impose a positive obligation on the vendor to disclose contamination, and the draft contract of sale (Draft Contract) warranties and disclosures, and surrounding circumstances, did not give rise to a reasonable expectation of such disclosure.

 

Facts:

191 Bells Pty Ltd (the appellant) sought to acquire land in Meroo Meadow, New South Wales, from WJ & HL Crittle Pty Ltd (the first respondent) for residential development.

The first respondent had acquired the…

Contract of sale terminated pursuant to deed of settlement despite inconsistent contract general conditions (VS Property and Holding Pty Ltd v Zurzolo)

Date: 25 September 2024
Court: Victorian Court of Appeal
Judge(s): Niall, Walker and Kenny JJA
Judgment date: 13 September 2024
Catchwords: Contract of sale — Termination — Notice requirements — Inconsistent clauses

 

Abstract:

In a dispute over a contract for the sale of land, the Victorian Court of Appeal upheld the termination of the contract by the vendors after the purchasers failed to settle on an extended settlement date, finding that a specific termination clause in the deed extending the settlement date operated automatically without requiring notice under a general condition. The decision provides guidance on harmonious construction of contracts and the interaction between general and specific clauses.

 

Facts:

In 2017, VS Property and Holding Pty Ltd (VS Property) entered into a contract to purchase (Contract) land from Nick and Sherryn Zurzolo (Vendors) for $4 million, with settlement due in November 2020. Prior to the due date for settlement Deanside Land Pty Ltd (Deanside) was nominated as substitute transferee.

The Contract contained general conditions 27 and 28 which are consistent with those conditions previously prescribed by the Estate Agents (Contracts) Regulations…

ARNECC decides to pause interoperability

Date: 24 September 2024
Source: ARNECC’s decision on interoperability

The ARNECC has announced that it has paused the design, build and test working groups for the Interoperability Program. The announcement can be read here.

ARNECC seeking consultation on Model Operating Requirements Version 7.1 (closes 16 October 2024)

Date: 24 September 2024
Source: ARNECC

ARNECC is consulting on updates to the Model Operating Requirements.

Marked-up, clean, and explanatory notes for the consultation draft are available on ARNECC’s website.

Feedback may be made by email to chair@arnecc.gov.au, and is due by 16 October 2024.

QLD: Property Law Act 2023 (Qld) to commence 1 August 2025 and related Property Law Regulation 2024 (Qld) issued

Date: 24 September 2024
Source: Queensland Legislation

 

Property Law Act 2023 (Qld) to commence 1 August 2025

The commencement date for the Property Law Act 2023 (Qld) has been proclaimed for 1 August 2025.

The Property Law Act 2023 (Qld) is set to make substantial changes to various aspects of property law in Queensland. For further information, see our earlier Latest Legal Updates of 26 October 2023 and 19 December 2023.

 

Property Law Regulation 2024

The Property Law Regulation 2024 (Qld) (Regulation) has been issued, and will also commence on 1 August 2025.

The Regulation sets out what materials and certificates are required to be provided in order to comply with the new mandatory vendor disclosure scheme, as well as addressing ancillary matters.

SA: Updated Verification of Identity Requirements (for paper lodgements)

Date: 23 September 2024
Source: Land Services SA | Office of the Registrar-General

 

The Registrar-General has updated the Registrar-General’s Verification of Identity Requirements (for paper lodgement), Version 9, dated and effective from 19 September 2024 (Requirements).

Version 9 of the Requirements brings the verification of identity requirements for paper and electronic transactions into alignment. For paper transactions from 19 September 2024, under amended clause 4.4 of the Requirements, a representative or mortgagee is not required to re-verify the identity of a relevant person, where the representative or mortgagee has previously done a verification of identity for that relevant person, which complied with clause 4.1 of the Requirements, and:

(a) they have a current Client Authorisation (ie, that is not time-bound or which is time-bound and has not expired) and which was validly signed after the previous verification of identity was done; or

(b) the previous verification of identity of the relevant person was done within the last 2 years, and they take reasonable steps to now ensure that they are dealing with the relevant person.

Appendix C (setting out the persons authorised to identify self-represented parties) of the Requirements has been…

Guarantees under repudiated leases found to continue for subsequent monthly tenancies (APlus Capital Pty Ltd v Kontomichalos)

Date: 12 September 2024
Court: Supreme Court of Victoria
Judge(s): Ginnane J
Judgment date: 6 September 2024
Catchwords: Guarantees of tenant's obligations under leases - Leases ended by landlord’s acceptance of tenant’s repudiation – Monthly tenancies thereafter - Application of guarantees to monthly tenancies

Abstract:

In a dispute over serviced apartment leases, a key focal point of the case was whether the guarantors' obligations continued under subsequent monthly tenancies after the original leases were repudiated and terminated. The court found the guarantees applied to the monthly tenancies.

 

Facts:

The respondent landlords owned serviced apartments leased to the appellant tenant company, APlus Capital Pty Ltd (APlus). In 2017, the leases were transferred from the previous tenant to APlus, with the second and third appellants, Ms. Zhao and Mr. Dunstan, acting as guarantors (Guarantors) for APlus's lease obligations under transfer of deeds of renewal of leases (Transfer Deeds).

Pursuant to the Transfer Deeds, APlus agreed to pay the rent and do everything else required by the leases for the remainder of the leases and during any period it stays in possession after the leases end. The…

Introduction of the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024

Date: 12 September 2024
Source: AUSTRAC

 

On 11 September 2024, following on from two formal rounds of consultation the Attorney General introduced the Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Amendment Bill 2024 into the Parliament. If passed by the Parliament, the Bill would amend the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

In addition to meeting international standards set by the Financial Action Task Force the Bill has three key objectives:

  • To extend the AML/CTF regime to additional services provided by lawyers, accountants, trust and company service providers, real estate professionals and dealers in precious metals and stones.
  • To modernize the regulation of virtual assets and payment technology.
  • To simplify and clarify the regime, reduce regulatory impacts and support businesses to prevent and detect financial crime.

Further detail and analysis with practical takeaways will follow by separate Legal Update.

The Bill and its explanatory materials are available here

WA: Deferral of duty for delayed off-the-plan purchases in residential developments

Date: 10 September 2024
Source: Government of Western Australia

The Western Australian Government is offering to defer the payment of duty where:

  • the purchase is of a new residential off-the-plan unit or apartment;
  • the development was intended to be completed within three years of the contract date, but completion has not yet occurred due to unforeseen construction delays; and
  • due to those delays, duty would otherwise be payable before settlement can occur.

Reduced interest on the deferred tax payment arrangement is also available for eligible buyers until June 2025. Buyers on existing deferred tax payment arrangements may apply to renegotiate the interest payable.

An application for deferral can be made here.

NSW: Revenue ruling on new PPR exemption requirement

Date: 3 September 2024
Source: Revenue NSW

 

On 30 August 2024, a revenue ruling was issued regarding changes to the Land Tax Management Act 1956 (NSW). These changes come as a result of the Treasury and Revenue Legislation Amendment Act 2023 (NSW) which commenced on 1 February 2024 (see our earlier Latest Legal Update dated 25 January 2024).

Landowners who wish to claim the Principal Place of Residence (PPR) exemption for properties purchased or acquired on or after 1 February 2024 will be required to own at least 25% of the property.

Landowners who purchased or acquired a property prior to 1 February 2024 and are otherwise eligible to claim the PPR exemption (aside from meeting the new 25% ownership threshold requirement) may continue to claim the exemption for the 2024 and 2025 land tax years, even if they own less than 25% of the property. They will be subject the new minimum ownership requirement from the 2026 land tax year onwards.

The full eligibility criteria for the PPR exemption, including the new minimum ownership requirement, may be viewed in the new revenue ruling here.

For more information, read the full media release here.

VIC: Have your say on draft revenue ruling regarding land tax exemption for land being prepared for primary production

Date: 3 September 2024
Source: State Revenue Office Victoria

The Victorian State Revenue Office has prepared a draft revenue ruling on its interpretation and application of the land tax exemption for land being prepared for primary production under s 68 of the Land Tax Act 2005 (Vic) (Land Tax Act).

The final revenue ruling, if published, will replace existing revenue ruling LTA-006.

The current ruling states its purpose is to provide guidance as to what are considered preparatory activities to satisfy s 68 of the Land Tax Act.

The draft revenue ruling goes further, and includes:

  • what factors the Commissioner will consider in exercising the discretion as to whether time should be extended under s 68(2),
  • set out the requisite evidentiary requirements for the exemption;
  • examples of how s 68 may be applied; and
  • additional context surrounding the application of s 68.

The draft revenue ruling is open for consultation until 5pm 2 October 2024.

VIC: Short Stay Levy Bill 2024 (Vic)

Date: 30 August 2024
Source: Victorian Legislation

Abstract:

The Victorian Government has introduced the Short Stay Levy Bill 2024 (Vic), which imposes a 7.5% levy on short stay accommodation bookings in Victoria from 1 January 2025.

 

Short stays and short stay accommodation

It applies to most types of accommodation that are used for a short stay, being an occupation of the accommodation for a period of less than 28 days. Some types of accommodations are exempt, including commercial residential premises, residential care facilities, retirement villages, student accommodation, registered rooming houses, and premises that are occupied by the owner or a renter as their principal place of residence.

It only applies to short stay bookings where a fee is payable, so if a booking is for a period of at least 28 days, the levy would not apply even if the accommodation otherwise qualifies for, and is used for, short stay accommodation.

The new levy would apply to premises which are rented to a renter under a residential rental agreement (within the meaning of the Residential Tenancies Act 1997 (Vic)), and that renter then provides the property as short stay accommodation (whether directly, through…

QLD: Land Title Practice Manual updated version published 28 August 2024

Date: 29 August 2024
Source: Titles Queensland

 

Abstract:

Titles Queensland has updated the Land Title Practice Manual (LTPM), effective from 28 August 2024.

The updated version of the LTPM is available here

A summary of the changes is available here

E-conveyancing - Version 7 of ARNECC Model Participation Rules Guidance Notes published

Date: 27 August 2024
Source: Australian Registrars’ National Electronic Conveyancing Council

 

Abstract:

Version 7 of the Model Participation Rules (MPR) Guidance Notes has been published by the Australian Registrars’ National Conveyancing Council (ARNECC).

See our earlier updates on 1 March 2024 and 2 February 2024 on version 7 of ARNECC MPR and Model Operating Requirements.

Updates for the Version MPR guidance notes include:

  • Client Authorisation.
  • Verification of Identity.
  • Certifications.
  • Right to Deal.
  • Retention of Evidence.
  • Compliance Examinations.

In addition, new guidance notes have been published for the following:

  • Eligibility Criteria – advising Subscribers on when and how a compliance examination is to take place regarding their compliance with the Version 7 MPR.
  • System Security and Integrity – advising Subscribers on complying with and understanding the system security and integrity obligations as per the Version 7 MPR.
  • Instructing Practitioner Engaging a Subscriber (E-Lodgment Subscriber) – advising Subscribers on the MPR application involving an e-settlement Subscriber in accordance with the Version 7 MPR.

For more information about the Version 7 MPR guidance notes see the ARNECC website.

QLD: Residential Tenancies and Rooming Accommodation Act 2008 (Qld) further amended from 25 September 2024 and 1 May 2025

Date: 26 August 2024
Source: Queensland Legislation

Per our earlier Latest Legal Update of 24 May 2024, the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 (Qld) (Amending Act) was passed, which amends (amongst other Acts) the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (Principal Act).

Parts of the Amending Act which amend the Principal Act (in particular, ss 4 to 49 of the Amending Act) commenced on assent. The remaining sections that amend the Principal Act were set to commence by proclamation.

By way of the:

the dates of various legislative and regulatory amendments have now been announced.

 

Amendments effective 16 August 2024

Section 85, to the extent it inserts new s 588 (Transitional regulation making power), commenced effective 16 August 2024.

 

Amendments effective 30 September 2024

The following amendments are effective from 30 September 2024…

TAS: Applicants for prescriptive easements must show 15 or 30 years personal use – predecessor’s in title’s use not counted

Date: 26 August 2024
Source: Land Tasmania

 

In Tasmania, under s 138J of the Land Titles Act 1980 (Tas) a person may apply to the Recorder of Titles for the vesting of an easement where that person has exercised rights which may amount to an easement at common law for a period of at least 15 years (or 30 years for certain applications).

The Land Titles Office has released the Recorder of Title’s view that the minimum 15 or 30 year period (as applicable) must be satisfied through the applicant’s personal exercise of such easement rights for the entire time. An applicant cannot rely on a predecessor in title’s exercise of the same or similar rights to make up part or all of the 15 or 30 year period.

The Land Titles Office will only consider an applicant’s personal time in exercising rights over other land when assessing an application under s 138K.

NSW: Residential (Land Lease) Communities Amendment Act 2024 and Residential (Land Lease) Communities Amendment Regulation 2024

Date: 26 August 2024
Source: NSW Legislation

On 24 June 2024, the Residential (Land Lease) Communities Amendment Act 2024 (NSW) (Amending Act) received royal assent, with commencement to be set on one or more future dates by proclamation.

By commencement proclamation:

  • all sections of the Amending Act, other than Schedule 1[22] and [23], commence on 25 September 2024; and
  • Schedule 1[22] and [23] commence on 11 December 2024.

Separately, the Residential (Land Lease) Communities Amendment Regulation 2024 (NSW) was made on 23 August 2024 with:

  • all amendments made by that regulation to come into effect on 25 September 2024; and
  • Schedule 1[2] to come into effect on 11 December 2024.

See our earlier Latest Legal Update of 24 June 2024 for additional information on the Amending Act.

TAS: E-conveyancing now live in Tasmania with first dealings lodged via Property Exchange Australia

Date: 22 August 2024
Source: Tasmanian Government

E-conveyancing has launched in Tasmania, with the first electronic land dealings having been lodged through Property Exchange Australia (PEXA) after PEXA was approved in July to operate as an electronic lodgment network operator.

As of August 2024, Mortgages, Discharges of Mortgages and Lodgement Forms are the registry instruments and documents available for lodging via PEXA. Further instruments and documents, including transfers of land, are anticipated to be available from 2025.

Land Tasmania has a variety of information available on its website for its e-conveyancing reforms, including Reforms to Conveyancing Process, Introduction of Electronic Conveyancing and Electronic Conveyancing. Land Tasmania’s Conveyancing Process for Professionals page has additional specific information on conducting e-conveyancing in Tasmania.

E-conveyancing is now operational in all states and the Australian Capital Territory. The Northern Territory is currently targeting e-conveyancing to be operational in 2025.

For information on e-conveyancing nationally, refer to the Australian Registrar’s National Electronic Conveyancing Council’s website.

NSW: Agreements for sale worth $20 million or more must be lodged for assessment using eDuties from 8 October 2024

Date: 21 August 2024
Source: Revenue NSW

 

Abstract:

From 8 October 2024, contracts for sale of land and transfers of $20 million or more dutiable value must be lodged for assessment through eDuties instead of Electronic Duties Returns (EDR).

An interim period will be set up from 19 September 2024 for such transactions to be submitted for assessment by EDR or lodged with Revenue NSW via eDuties.

This requirement depends on the date of lodgement and not the date of the contract for sale of land.

Supporting documents that are required include:

  • a cover letter detailing the transaction;
  • a signed contract for sale of land and/or transfer;
  • a valuation if applicable;
  • a Duties Client Identification (CI) for each purchaser/transferee;
  • a completed Purchaser/Transferee Declaration form for each purchaser/transferee; and
  • any other information that may help with the assessment.

For more information see the Revenue NSW website.

  •  

SA: Real Property Regulations 2024 (SA) and extended consultation period on Real Property (Miscellaneous) Amendment Bill 2024 (SA)

Date: 19 August 2024
Source: South Australian Legislation

Real Property Regulations 2024 (SA)

Following the close of the consultation period (see our Latest Legal Update dated 13 May 2024), the Real Property Regulations 2024 (SA) have been made, replacing the previous Real Property Regulations 2009 (SA).

PlanSA’ provided a summary of the proposed amendments during the consultation period.

Click here to view the full text of the Real Property Regulations 2024 (SA).

Draft Real Property (Miscellaneous) Amendment Bill 2024 (SA)

The consultation period for the Real Property (Miscellaneous) Amendment Bill 2024 (SA) has been extended from 13 August 2024 to 3 September 2024.

For more information on the Bill, see our earlier Latest Legal Update of 10 July 2024 and the South Australian Registrar’s Customer Information Bulletin 400.

QLD: Property Law Act 2023 (Qld) automatic commencement date postponed to 3 November 2025

Date: 19 August 2024
Source: Queensland Legislation

Abstract:

The Property Law Act 2023 (Qld) was assented to on 2 November 2023 with a commencement date to be proclaimed.

Pursuant to s 15DA(2) of the Acts Interpretation Act 1954 (Qld), any postponed legislation automatically commences one year and one day after its assent, unless it commences earlier. Under this Act, the Property Law Act 2023 (Qld) was due to commence on 3 November 2024.

The Property Law (Postponement) Regulation 2024 (Qld) further postpones the Act’s commencement date until 3 November 2025 (unless it commences earlier).

The Explanatory Memorandum provides that “It is considered that automatic commencement on 3 November 2024 will not provide sufficient time for this implementation work to occur and it is therefore intended to postpone the automatic commencement of the Act.”

Click here to view the full text of the Property Law (Postponement) Regulation 2024 (Qld).

Click here to view the Explanatory Memorandum.

For further information on the Property Law Act 2023 (Qld), see our Latest Legal Update dated 19 December 2023.

NSW Court of Appeal finds that COVID-19 restrictions did not frustrate World Square commercial lease (Cao v ISPT Pty Ltd)

Date: 13 August 2024|
Court: Court of Appeal – Supreme Court of New South Wales
Judge(s): Meagher JA, Kirk JA and Griffiths AJA
Judgment date: 8 August 2024
Catchwords: CONTRACTS - Frustration - Whether COVID public health restrictions frustrated lease of commercial premises - Frustration does not apply as supervening event was risk for which tenant had assumed responsibility under the lease – Public health restrictions did not require radical or fundamental change in what was contracted for

 

Abstract:

The Court of Appeal has dismissed an appeal by guarantors of a commercial lease, finding that COVID-19 public health orders restricting restaurant operations did not frustrate the lease. The case illustrates that, while the doctrine of frustration may apply to leases, there is a high threshold for a contract to be frustrated.

Background

The respondents own the World Square shopping centre in the Sydney CBD. The appellants guaranteed a 3-year lease of restaurant premises operated by the tenant in the shopping centre from 1 August 2017. The tenant's restaurant closed on 23 March 2020 due to the first NSW COVID-19 public health order restricting restaurants to takeaway service only. Subsequent orders gradually eased restrictions but imposed capacity limits based on square metre rules. The tenant never reopened and went into liquidation in May 2021.

NSW: Reform to residential tenancies announced

Date: 13 August 2024
Source: NSW Government

 

Abstract:

The government has announced intended reforms to the regulation of residential tenancies in New South Wales.

The government intends to introduce amendments to the Residential Tenancies Act 2010 (NSW) so that the only payments renters can be charged for when applying to rent a residential premises will be:

  • the deposit for the property;
  • the rental bond for the property;
  • the rent for the property;
  • the registration fee for registering a lease on title which is longer than 3 years.

The right of a landlord to conduct their own background check and to make reports to third party tenancy databases will remain unaffected.

Other reforms flagged in the government’s announcement include:

  • ending no-grounds evictions for periodic leases;
  • introducing a portable rental bonds scheme, which would allow tenants to digitally transfer their existing bond to a new rental home.

The full text of the announcement can be read on the NSW Government’s website here.

NSW: Changes enable stamp duty to be assessed for more dealings in ELNO workspace

Date: 5 August 2024
Source: Office of the Registrar-General

From 3 August 2024, stamp duty on the following two dutiable dealings can be assessed within an electronic workspace on an ELNO:

  • Transfer granting easement; and
  • Transfer granting an easement in gross.

Those two dealings join the two existing transfer dutiable dealings for which stamp duty can be assessed within an electronic workspace, being: Transfer creating a profit à prendre and Transfer creating a forestry right.

Corresponding versions of these four dealings have been created to allow for circumstances where there is no consideration payable on the transaction.

For more information, see the Registrar-General’s announcement.

VIC: Residential Tenancies and Funerals Amendment Bill 2024 (Vic)

Date: 5 August 2024
Source: Victorian Legislation
Jurisdiction: Victoria

 

Abstract:

The Residential Tenancies and Funerals Amendment Bill 2024 (Bill) has been introduced to the Victorian Parliament proposing amendments to the Residential Tenancies Act 1997 (Vic) (Residential Tenancies Act) to provide prescribed forms of Part 4A site agreements for parks and provide provisions for pre-contractual disclosure and rent increases.

The Bill received its first reading on 30 July 2024 and proposes the following changes to the Residential Tenancies Act:

  • replacing “writing” with “prescribed form” in s 206E to clarify that site agreements must be in a prescribed form and inserting a new offence provision with a maximum penalty of 25 penalty units that a site owner must not prepare or authorise an agreement that is not in the prescribed form;
  • amending ss 206F(1)(b) and 206F(3)(a) to clarify that a site agreement may include terms that are consistent with the prescribed form of site arrangement (if any), and any inconsistent terms are void;
  • inserting new paragraphs to s 206JF(1) requiring a site owner to disclose additional information to a site tenant before entering into a site agreement;
  • inserting a new subsection in s 206SA that if rent increases under site agreements are to be calculated by a fixed amount in accordance with a specified method, the site agreement must clearly define the formula and specific index used (if any);

New Green Star Performance v2 tool launched

Date: 5 August 2024
Source: Green Building Council Australia

The Green Building Council of Australia (GBCA) has released an updated Green Star Performance v2 tool (V2 Tool).

The GBCA has developed several systems over the years for assessing and providing ratings for buildings, projects and precincts on their sustainability, taking into account a range of factors. Four rating tools are currently used, with the Green Star Performance v1 tool used to assess the operational performance of existing buildings.

The new V2 Tool assesses criteria beyond the environment, and includes credits on responsible operations, responsible procurement and inclusivity. The new tool is also better aligned with the Intergovernmental Panel on Climate Change’s 2020 Report and the Paris Agreement.

Additional resources on the V2 Tool, including a comparison between it and the current Green Star Performance v1 tool, are available on GBCA’s website.

Projects may register with the V2 Tool from 31 July 2024. New projects must register with the V2 Tool from 1 January 2025, and all projects must register with the V2 Tool from 1 January 2026.

VIC: Changes to e-conveyancing and related processes from 29 July 2024 and 3 August 2024

Date: 2 August 2024
Source: Land Use Victoria

From 29 July 2024 and 3 August 2024 (as applicable) a number of changes come into effect.

Phasing out of paper titles

Paper titles will no longer be issued from 3 August 2024. See our earlier Latest Legal Update of 7 May 2024 (regarding phasing out of paper titles) and Land Use Victoria’s Phasing out of Paper Certificates page.

Generic Residual Document process streamlined

For Generic Residual Documents (also known as section 104 dealings):

  • *folio details (eg the Registrar of Titles “dummy” title volume 12198 folio 325 or volume 12207 folio 425) will no longer be required. Instead, practitioners will choose either a “Transfer of Land Act – Section 104 – Plan or survey based” or “Transfer of Land Act – Section 104 – NOT Plan or survey based” document type; and
  • *the two forms, “Request to accept paper lodgment” and “Lodging summary” will be combined into a single “Paper instrument acceptance form”.

Memorandum of common provisions

Memorandums of common provisions will be creatable through their own PEXA residual document type (compared to through the Generic Residual Documents process).

From 4 November 2024, all memorandums of common provisions will need to be created in this manner.

Tas: Farm Debt Mediation Bill 2024 (Tas)

Date: 2 August 2024
Source: Parliament of Tasmania
Jurisdiction: Tasmania

 

Abstract:

The Farm Debt Mediation Bill 2024 (Tas) (Bill) was introduced to the Tasmanian Legislative Assembly on 31 July 2024.

The Bill seeks to implement a mandatory mediation scheme for certain farm debts and mortgages, similar to existing farm debt mediation schemes in New South Wales, Victoria, Queensland and South Australia.

The Bill would:

  • Introduce a mandatory structured mediation scheme for farm debts and mortgages. Some of the key features of the scheme are:
    • A mediation process must be completed before a creditor can take enforcement action under a farm mortgage.
    • The mediation process can be initiated by the farmer or the creditor.
    • Creditors must invite a farmer to mediate before taking enforcement action relating to farm debt. If the farmer does not respond, or fails to participate in a mediation where the creditor has sought this in good faith for a period of 3 months or more, then an exemption certificate can be issued, allowing the creditor to proceed with enforcement action.
    • An exemption certificate can also be issued by the Commissioner upon request by the creditor to confirm that the Act does not apply to the farm mortgage.

WA: Landgate’s expanded electronic transfer documents eligible for PEXA lodgement from 5 August 2024

Date: 1 August 2024
Source: Landgate

 

Abstract:

Landgate has expanded the electronic transfer documents that will be eligible for electronic lodgement through PEXA following our 5 February 2024 update.

From 5 August 2024, the following types of increased transfer documents for consideration will be:

  • intent to change the type of tenancy;
  • under the terms of a deed;
  • under the terms of a will;
  • under the terms of the Administration Act 1903 (WA); and
  • non-monetary (applied where no other type of consideration is available).

To help during the transition period in-flight transactions (transactions that have already been prepared) will be accepted for paper lodgement if the transfer document:

  • did not qualify for electronic lodgement before 5 August 2024; and
  • is supported by a written agreement or offer and acceptance dated before 1 September 2024.

Details about the eligibility requirements can be found on the Electronic conveyancing webpage.

Additionally, lodging standalone transmission applications through PEXA will also be available as part of the release above.

Details about eligibility requirements for the transmission application can be found in the Document eligibility guide.

The electronic transmission application will be in addition to the 72 Residual documents currently able to be lodged electronically. A full list of available electronic documents can be found in the Land transaction procedure guides.

For more information see the Landgate website.

CPI figures released for the June 2024 quarter could impact leases

Date: 31 July 2024
Source: Australian Bureau of Statistics

 

Abstract:

The Consumer Price Index (CPI) figures have been released for the June 2024 quarter (that is, for the 1 April 2024 to 30 June 2024 period) by the Australian Bureau of Statistics.

Landlords and tenants should check their leases to see if a rent review CPI adjustment is required using the CPI figures for the June 2024 quarter.

For more information about the CPI figures, see the Australian Bureau of Statistics website.

For further details in relation to rent reviews, see our guidance on Rent review for non-retail leases, Rent review for retail leases, Leases – Checklist for conducting a rent review in accordance with the Consumer Price Index (CPI), and Leases – Acting for landlord – Checklist before entering into and finalising a commercial or retail lease.

WA: Residential Tenancies Act 1987 (WA) further amended from 29 July 2024

Date: 31 July 2024
Source: Western Australian Legislation
Jurisdiction(s): Western Australia

Abstract:

 

The Residential Tenancies Amendment Act 2024 (WA) (Amending Act) passed earlier this year, with a commencement date to be set by proclamation (see our earlier Latest Legal Updates dated 4 December 2023 and 24 April 2024). The Amending Act makes several changes to the principal Residential Tenancies Act 1987 (WA) (Act).

First tranche of amendments

Parts of the Amending Act came into force on 16 May 2024 (see our earlier Latest Legal Update of 16 May 2024).

Second tranche of amendments

The next tranche of amendments came into effect on 29 July 2024 pursuant to the Residential Tenancies Amendment Act 2024 Commencement Proclamation (No. 2) 2024:

 

Amending Act section

Section of the Act amended

Brief description

11

New Pt 3 Div 1 (Provisions relating to applications made or referred to Commissioner)

New division on the referral to and determination by the Commissioner of certain tenancy disputes.

12

New Pt 3 Div 2 heading (Disputes determined by Magistrates Court)

Inserts new heading to reflect new Commissioner dispute resolution mechanics, in addition to existing Magistrates Court provisions.

13(1)

12 (Terms used (in Pt 3 Div 2 – Determination of Disputes))

Changes “Part” to “Division”.

Treasury Laws Amendment Bill 2024: Foreign Resident Capital Gains Withholding Payments (Commonwealth)

Date: 29 July 2024
Source: Australian Government | Treasury

 

Abstract:

The Australian Government is consulting on an exposure draft of the Treasury Laws Amendment Bill 2024: Foreign Resident Capital Gains Withholding Payments (Draft Bill).

The Draft Bill would amend Subdiv 14-D in Sch 1 to the Taxation Administration Act 1953 (Cth) to:

  • increase the foreign residential capital gains withholding rate from the current rate of 12.5% to 15% for any CGT assets acquired from 1 January 2025 onwards; and
  • remove the current $750,000 threshold above which disposals of relevant CGT assets by a foreign resident are subject to FRCGW requirements. In effect, for any relevant CGT assets acquired from 1 January 2025 onwards, regardless of the market value of the relevant CGT asset, the FRCGW requirements will apply to disposals of relevant CGT assets.

The exposure draft of the Draft Bill and Explanatory Memorandum are available on Treasury’s website.

Submissions on the Draft Bill can be made until 5 August 2024 and are to be made via email to MNETaxIntegrity@treasury.gov.au.

Duty imposed following change in sole director and secretary of trustee company of a landholder unit trust (Tao v Commissioner of State Revenue (Review and Regulation))

Date: 26 July 2024
Source: Victorian Civil and Administrative Tribunal
Judge(s): R Tang AM
Judgment date: 11 July 2024
Catchwords: Duties Act 2000 (Vic) – Dutiable transactions – Acquiring control of landholder treated as relevant acquisition under section 82 – Change in sole director, secretary and shareholder of trustee company of a landholder unit trust treated as acquiring control

Abstract:

 

The Victorian Civil and Administrative Tribunal has determined that the change in control of a trustee company, in particular the appointment of a new sole director and company secretary, was a change in control of the related landholder unit trust. The new director and company secretary was found to have acquired control of the landholder, and duty was imposed as a result of s 82 of the Duties Act 2000 (Vic).

Background

66 William Road Pty Ltd (Trustee Company) was the trustee of the unit trust WCT Unit Trust (Unit Trust). At the relevant time, the Unit Trust held a development property worth over $1 million, meaning the Unit Trust was a landholder within the meaning of s 71(1) of the Duties Act 2000 (Vic).

On 11 February 2014, Mr Zhiyong Tao became the sole shareholder in the Trustee Company.

On 6 March 2014, Mr Tao became the sole director and company secretary in the Trustee Company.

ACT: Have your say on new minimum standards for rental properties before 2 September 2024

Date: 25 July 2024
Source: ACT Government

 

Abstract:

The public is being invited to have their say on new minimum standards for rental properties for tenants and landlords among other key tenancy reforms. The consultation period closes on 2 September 2024.

The ACT Government aims to establish more transparent expectations for tenants and landlords concerning all residential rental properties from mininmum locks and ventilation requirements to ratings for energy efficient appliances.

Central topics for public feedback include:

  • Base standards in applying crucial features for all rental properties ensuring healthy, safe and comfortable living conditions;
  • Defining water and energy efficient responsibilities for landlords to implement water efficient fixtures together with energy efficient appliances reducing costs and impact on the environment;
  • Considering whether limits should be placed on tenancy fee increases covering services other than rent; and
  • Evaluating the needs of caravan park residents and protecting their rights.

The public has until Monday 2 September 2024 to submit their feedback via the YourSay website.

For further information on energy eficiency standards for rental properties see the ACT Government website.

VIC: Registrar’s requirements for paper conveyancing transactions (version 11) commences 29 July 2024

Date: 25 July 2024
Source: Land Use Victoria

 

The Registrar of Titles has determined that Version 11 of the Registrar’s requirements for paper conveyancing transactions (Registrar’s Requirements) comes into effect on 29 July 2024.

The new version of the Registrar’s Requirements is available here. A marked-up version is also available here.

Version 11 of the Registrar’s Requirements gives effect to the first phase of an ePlan mandate.

New requirement 19 will impose particular requirements for different classes of plans. The first phase of the ePlan mandate imposed by the new requirement 19 will require that any plan of consolidation that is first submitted to a council for certification after 29 July 2024 must be accompanied by a ePlan. Similarly, a plan of consolidation must also be accompanied by an ePlan when the plan of consolidation is released for lodgement. At both of these points, the ePlan must be consistent with the plan of consolidation.

Requirement 2.1 has been updated to include a new definition for ePlan. An ePlan is a digital data file containing cadastral and administrative information related to a plan of subdivision and/or survey.

Implied duty to co-operate extends to allowing purchasers’ valuers access to completed off-the-plan properties (Brightman v Royal Pines Projects Pty Ltd)

Date: 25 July 2024
Source: Supreme Court of Queensland
Judge(s): Applegarth J
Judgment date: 12 July 2024
Catchwords: Off-the-plan contracts of sale – implied terms – implied duty to cooperate to allow the other party the benefit of the contract – duty to allow access for valuation and finance purposes

Abstract:

 

The Supreme Court of Queensland found that in the off-the-plan contracts of sale that were the subject of the case, the implied duty to co-operate to allow the other party the benefit of the contract extended to allowing purchasers’ valuers to access the properties close to settlement to enable those purchasers to obtain finance, even where the contracts were not subject to finance.

Background

23 applicant purchasers (Purchasers) entered into a total of 15 off-the-plan contracts of sale with the respondent vendor (Vendor) to purchase apartments. At the time the contracts were entered into, the apartment building had not been built and so there was no property for the Purchasers or their valuers to inspect.

The contracts did not contain a “subject to finance” clause.

Tas: Residential Tenancy Amendment Regulations 2024 (Tas) excludes expiry and termination provisions of the Residential Tenancy Act 1997 (Tas) from certain primary production tenancies

Date: 25 July 2024
Source: Tasmanian Legislation
Jurisdiction: Tasmania

 

Abstract:

The Residential Tenancy Amendment Regulations 2024 (Tas) (Amending Regulations) amend the Residential Tenancy Regulations 2015 (Tas) with effect from 20 September 2024 to exclude s 11 (expiry of fixed period residential tenancy agreements) and Pt 4 (Termination of residential tenancy agreements) of the Residential Tenancy Act 1997 (Tas) from applying to certain primary production residential tenancy agreements.

The Amending Regulations define a primary production residential tenancy agreement to be a residential tenancy agreement for residential premises that are:

  • situated on primary production land within the meaning of s 7(1)(a) of the Land Tax Act 2000 (Tas); and
  • made available to a party to an employment contract, or employment agreement, in relation to primary production taking place on that land.

Click here to view the full text of the Residential Tenancy Amendment Regulations 2024 (Tas).

SA: Have your say on the draft Real Property (Miscellaneous) Bill 2024 before 13 August 2024

Date: 10 July 2024
Source: SA Government

 

The public is being invited to have their say on the draft Real Property (Miscellaneous) Bill 2024 (Bill). The consultation period closes on 13 August 2024.

The South Australian Government has drafted the Bill which contains provisions allowing for electronic lodgement of division documents, together with additional broader miscellaneous changes.

The Bill proposes to amend the following legislation:

  • Real Property 1886;
  • Retail and Commercial Leases Act 1995; and
  • Residential Tenancies (Miscellaneous) Amendment Act 2023.

Click here for the full text of the Bill. A summary table of the proposed changes can be found here.

The public has until Tuesday 13 August 2024 to submit their feedback via email or post.

For further information see the SA Government website.

ACT: Housing and Consumer Affairs Legislation Amendment Act 2024 (ACT) notified 9 July 2024

Date: 10 July 2024
Source: ACT Legislation Register
Jurisdiction: Australian Capital Territory

The Housing and Consumer Affairs Legislation Amendment Act 2024 (ACT) (HCALA Act) has been passed by the Australian Capital Territory Legislative Assembly and was notified on 9 July 2024.

The HCALA Act commences in stages, with:

  • Part 2 (amendments to the Agents Act 2003 (ACT)) taken to have commenced on 1 July 2024;
  • s 5 (new Magistrates Court (Fair Trading Australian Consumer Law Infringement Notices) Regulation (ACT)) having commenced on 9 July 2024, although the new regulation itself will commence on 16 July 2024;
  • Parts 8 and 9 (amendments to the Residential Tenancies Act 1997 (ACT) and Residential Tenancies Regulation 1998 (ACT)) to commence on a day to be fixed by the Minister by written notice; and
  • the remainder of the HCALA Act commencing on 16 July 2024.

Click here to view the full text of the Housing and Consumer Affairs Legislation Amendment Act 2024 (ACT).

Click here to view our earlier Latest Legal Update on the changes proposed by the then Bill.

Justice Jackman suggests cryptocurrency should be considered property under Australian common law

Date: 3 July 2024

 

Abstract:

On 21 June 2024, Justice Jackman, a judge of the Federal Court of Australia, delivered a paper to the Commercial Law Association of Australia titled ‘Is Cryptocurrency Property?’. The paper begins with an explanation of what cryptocurrency is, followed by an analysis of the position taken on the issue by courts in other jurisdictions including New Zealand, the United Kingdom, Singapore and Canada.

Justice Jackman then considers the issue in the Australian legal context, firstly examining how cryptocurrency fits into the choses in action and choses in possession dichotomy, concluding that there is “no obstacle in treating cryptocurrency as a chose in action”.

Secondly, the question of alienability or transferability was touched upon. The alienability or transferability of cryptocurrency is a highly technical matter but ultimately one that was somewhat moot as alienability or transferability is most likely “not an indispensable attribute of property” in Australian common law.

The third issue was cryptocurrency being regarded as “information”, which is not considered property. Comparisons are drawn between cryptocurrency and confidential information, which the High Court of Australia has described as sometimes having a proprietary character. Justice Jackman suggests cryptocurrency should be treated similarly.

NSW: New Supervision Guidelines made under the Property and Stock Agents Act 2002 commencing 1 July 2024

Date: 28 June 2024
Source: NSW Fair Trading

 

The NSW Strata and Property Services Commissioner has released updated Supervision Guidelines that come into effect on 1 July 2024. The new Guidelines replace the existing guidelines. The Guidelines set out what constitutes the proper supervision of the conduct of a real estate business operated by a licensee. The Guidelines are made under section 32 of the Property and Stock Agents Act 2002 (NSW). A failure to properly supervise the business of a licensee is an offence under the Act and, by section 32(4) of the Act, a failure to comply with the requirements of the Guidelines constitutes a failure to properly supervise the business.

E-conveyancing interoperability on pause due to issues raised by the banking industry

Date: 28 June 2024
Source: ARNECC

 

The Australian Registrars National Electronic Conveyancing Council (ARNECC) announced the interoperability program had been paused due to issues raised by the banking industry.

The announcement follows a meeting at the Ministerial Forum: National eConveyancing on 11 June 2024 where relevant Ministers and their representatives met to review the progress of e-conveyancing reforms. The banking industry issues were raised at the forum and acknowledged to be beyond the scope of the states and territories. The ARNECC announcement records the Ministers will raise the issues with the Federal government and regulators.

Interoperability is the concept that an e-conveyancing transaction can occur across two or more Electronic Lodgment Network Operators (ELNO), without the need for all participants to be subscribers of, and use, the same ELNO. Currently, an e-conveyancing transaction can only occur where all parties are using the same ELNO.

Property Exchange Australia and Sympli released statements in response to the announcement.

The ARNECC announcement is available on ARNECC’s website.

Summary of recently announced transfer duty and land tax changes across states and territories

Date: 27 June 2024

 

A summary of the recently announced and/or enacted changes to transfer duty and land tax across the Australian states and territories is below, along with additional resources where available.

STATE/TERRITORY

CHANGE

RESOURCES

New South Wales

From 1 January 2025:

  • foreign purchaser additional duty increasing to 9% (up from 8%); and
  • surcharge land tax on residential land owned by foreign persons increasing to 5% (up from 4%).

Schedules 1 and 3 of the Revenue Legislation Amendment Act 2024 (NSW).

Victoria

From 1 July 2024, Commercial and Industrial Property Tax reform abolishing transfer duty on commercial and industrial properties and introducing annual Commercial and Industrial Property Tax.

State Revenue Office website. See also our Latest Legal Updates of 21 March 2024, 7 May 2024 and 21 May 2024.

Queensland

From 9 June 2024:

  • first home concession thresholds increased to homes with dutiable values of up to $700,000 (for no transfer duty) and up to $800,000 (for concessional rates);
  • first home vacant land concession thresholds increased to vacant land valued up to $500,000.

From 1 July 2024:

  • additional foreign acquirer duty rates increasing to 8%; and;
  • land tax surcharge rates for absentee and foreign company or trust owners increasing to 3%.

Sections 2, 4, 6 to 8, 16 and 17 of the Revenue and Other Legislation Amendment Act 2024 (Qld).

See also our Latest Legal Update of 11 June 2024.

ACT: 2024/2024 Budget released by Australian Capital Territory government

Date: 26 June 2024
Source: ACT Government

 

The Australian Capital Territory Government has formally released its budget for the period from 1 July 2024 to 30 June 2025 (Budget).

Some key items relevant to property practitioners announced in the Budget include, from 1 July 2024:

  • Home Buyer Concession Scheme gross income eligibility threshold increasing to $250,000 (up from $170,000) for 0 dependents, and the additional income allowance threshold per dependent increasing to $4,600 (up from $3,300).
  • Eligibility to the Home Buyer Concession Scheme expanded to include persons fleeing domestic violence regardless of whether they have previously owned property. For other homebuyers, eligibility narrowing to buyers and their partners who have not owned property in the last 5 years (up from the current 2 year timeframe).
  • Until 30 June 2025, both the Off-The-Plan Unity Duty Exemption and the RZ1 Unit Duty Exemption Scheme are expanded to include off-the-plan units with dutiable values up to $1 million (currently schemes available for units with dutiable value up to $800,000).
  • Existing Disability Duty Concession Scheme to provide full duty concession on first $1 million dutiable value, with partial concession available for dutiable values exceeding $1 million.
  • Existing Pensioner Duty Concession Scheme to provide full duty concession on first $1 million dutiable value, with partial concession available for dutiable values exceeding $1 million.

VIC: Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2024 (Vic)

Date: 26 June 2024
Source: Victorian Legislation
Jurisdiction: Victoria

 

The Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2024 (Vic) (Regulations) were made on 25 June 2024.

The Regulations come into operation on 29 June 2024, and will revoke the previous Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020 (Vic) (Previous Regulations).

The Regulations retain a similar structure as the Previous Regulations, with some targeted changes including:

  • From 1 January 2025, registered caravan park owners to submit park renewal applications on or before 1 August 2024 of the year registration is due to expire.
  • With renewal applications from 1 January 2025, registered caravan park owners must include fire safety reports procured no more than 3 years before the application, and an emergency management plan prepared no more than 12 months before the application.
  • Emergency management plans must include the cover sheet in the form of Form 5, Sch 1 of the Regulations.
  • Non-potable water supplies must be marked with a non-potable water sign that meets AS1319-1994.
  • Changes around the requirements of unregistrable movable dwellings or rigid annexes.

TAS: First home buyer, pensioner duty concession and land tax threshold changes in Taxation Legislation (Affordable Housing and Employment Support) Bill 2024 (Tas)

Date: 25 June 2024
Source: Parliament of Tasmania
Jurisdiction: Tasmania

Abstract:

The Taxation Legislation (Affordable Housing and Employment Support) Bill (Tas) has passed the House of Assembly and the Legislative Council and awaits assent.

The Bill will:

  • Amend the Duties Act 2001 (Tas), from 1 July 2024, to:
    • retrospectively create the first home buyer duty exemption for buyers of established homes valued up to $750,000, which will apply from 18 February 2024 and remain in place to 30 June 2026;
    • extend the 50% duty concession to eligible pensioners selling their existing home and downsizing to a new home or unit at a lower cost with a dutiable value of $600,000 or less, to 30 June 2025.
  • Amend the Land Tax Act 2001 (Tas), from 1 July 2024, to:
    • Extend the land tax exemption for all newly built housing that is made available for long term rental, to 30 June 2026;
    • Extend the land tax exemption for short term visitor accommodation that is converted to long term rental, to 30 June 2026.
  • Amend the Land Tax Rating Act 2001 (Tas), from 1 July 2024, to raise the tax-free threshold for land tax to $124,999.

The Bill, Clause Notes, and Fact Sheet are available for download from the Parliament of Tasmania website.

Residential (Land Lease) Communities Amendment Bill 2024 (NSW)

Date: 24 June 2024
Source: Parliament of New South Wales
Jurisdiction: New South Wales

Abstract:

On 21 June 2024, the Residential (Land Lease) Communities Amendment Bill 2024 (NSW) (the Bill) passed Parliament. Once it receives royal assent and commences, the Bill will make various amendments to the Residential (Land Lease) Communities Act 2013 (NSW) and the Residential (Land Lease) Communities Regulation 2015 (NSW) which are intended to set out clearer processes for starting, maintaining, and terminating site agreements, as well as giving land lease residents greater protections.

In his second reading speech, Anoulack Chanthivong, the Minister for Better Regulation and Fair Trading, cited the 2021 Statutory Review carried out by the New South Wales Department of Customer Service as the basis for these amendments.

The Statutory Review provided 48 recommendations, the majority of which have been implemented in the Bill.

The key amendments include:

  • making amendments relating to voluntary sharing arrangements, including the prohibition of entry and exit fees for site agreements;
  • requiring operators to test emergency evacuation protocols annually;
  • limiting the circumstances under which an operator may enter a residential home;
  • allowing minor alterations and additions to a home without requiring an operator’s consent;
  • requiring operators to provide all residents notice before lodging a development or planning application that may affect the residents;
  • ensuring residents are charged fairly for electricity usage;

limiting the frequency and uplift of site fee increases within a 12-month period; and

Discretionary injunctive relief denied in claimed fraudulent transaction (Lien v Huang)

Date: 21 June 2024
Court: New South Wales Supreme Court
Judge(s): Hmelnitsky J
Judgment date: 20 June 2024
Catchwords: Equitable remedies – Injunctions – Fraudulent transactions – Whether to restrain defendant from completing sale of land when plaintiff claims defendant acquired land fraudulently

Abstract:

The New South Wales Supreme Court did not maintain a plaintiff original registered proprietor’s injunction restraining a defendant subsequent registered proprietor’s proposed transfer of a Chatswood property to an innocent third party buyer, despite the court considering the plaintiff had a “relatively strong prima facie case” that the defendant had fraudulently transferred the property to themselves. The court was not persuaded the balance of convenience favoured the plaintiff, having regard to all the circumstances and affected parties, and declined to exercise its discretion to maintain the injunction.

Background

Wen-Chang Lien (Plaintiff) was the registered proprietor of 21 Hercules Street, Chatswood (Chatswood Property) until 28 June 2023. On 28 June 2023 the Chatswood Property was transferred to Yuan Huang (First Defendant), a licensed conveyancer, for $1.

The First Defendant knew the Plaintiff through her marriage and subsequent divorce from the Plaintiff’s son. The First Defendant had lived at the Chatswood Property for a period of time with the Plaintiff’s son, and they had two children.

VTAS: Residential Tenancy Amendment Bill 2024 (Tas)

Date: 21 June 2024
Source: Parliament of Tasmania
Jurisdiction: Tasmania

Abstract:

The Residential Tenancy Amendment Bill 2024 (Tas) (Bill) received its first reading on 20 June 2024.

The Bill proposes to amend the Residential Tenancy Act 1997 (Tas) by:

  • introducing a new Pt 3C – Pets, which sets out a new regime for tenants to notify and seek consent of owners for keeping pets on the premises, and for how owners may give or withhold consent (including requiring an application to and order from the Tasmanian Civil and Administrative Tribunal (Tribunal) to withhold consent); and
  • inserting new sections 54A to 54C, which permit certain safety modifications to be made by tenants without owner consent, unless the modification is likely to cause permanent damage in which case the owner’s consent must be sought but cannot be unreasonably withheld (and is deemed to be given if the owner does not respond within 14 days). Tenants can apply to the Residential Tenancies Commissioner (Commissioner) if the owner refuses consent, and either tenants or owners can appeal an order may by the Commissioner to the Tribunal.

The Bill, Clause Notes and Fact Sheet are available for download from the Parliament of Tasmania website.

VIC: Sale of Land (Public Auctions) Regulations 2024 (Vic)

Date: 19 June 2024
Source: Victorian Legislation

 

The Sale of Land (Public Auctions) Regulations 2024 (Vic) (Regulations) have been made which repeal the Sale of Land (Public Auctions) Regulations 2014 (Vic).

The existing regulations are due to sunset on 24 June 2024. The new Regulations come into operation on 23 June 2024.

The new Regulations reorder some wording in r 6, and contain some grammar and clarity updates.

A full copy of the Sale of Land (Public Auctions) Regulations 2024 (Vic) is available on the Victorian Legislation website.

VIC: Residential Tenancies (Specialist Disability Accommodation) Amendment Regulations 2024 (Vic)

Date: 19 June 2024
Source: Victorian Legislation

 

The Residential Tenancies (Specialist Disability Accommodation) Amendment Regulations 2024 (Vic) (Amending Regulations) amend the Residential Tenancies (Specialist Disability Accommodation) Regulations 2019 (Vic) (Principal Regulations). The Amending Regulations come into effect on 1 July 2024.

The Amending Regulations’ amendments are predominantly to reflect changes made by the Disability and Social Services Regulation Amendment Act 2023 (Vic), which include the following changes to the form of SDA residency agreement (prescribed in the Principal Regulations for the purposes of s 498I of the Residential Tenancies Act 1997 (Vic)):

  • changes of terminology for consistency (eg, “SDA enrolled dwelling” and “enrolled dwelling” become “SDA dwelling” and “dwelling”);
  • including reference to a minimum 90 day notice period for termination in cl 4 of the prescribed SDA residency agreement;
  • alterations in cl 5 and attachment 3 of the prescribed SDA residency agreement regarding rental terminology and receipt requirements; and
  • clarification that any house rules cannot detract from any rights and duties under Pt 12A of the Residential Tenancies Act 1997 (Vic) or the National Disability Insurance Scheme Act 2013 (Cth).

The full text of the Residential Tenancies (Specialist Disability Accommodation) Amendment Regulations 2024 (Vic) is available on the Victorian Legislation website.

SA: Second stage of Residential Tenancies (Miscellaneous) Amendment Act 2023 (SA) commences 1 July 2024

Date: 18 June 2024
Source: Legislation South Australia
Jurisdiction: Legislation South Australia

 

The Residential Tenancies (Miscellaneous) Amendment Act 2023 (SA) (Amending Act), which amends the Residential Tenancies Act 1995 (SA) (Act), the Residential Parks Act 2007 (SA) and the Real Property Act 1886 (SA), was assented to on 7 December 2023 and commences in stages.

The first stage of amendments commenced on 1 March 2024. Refer to our earlier Latest Legal Update dated 6 March 2024 for further detail on those initial changes.

Residential Tenancies Act 1995 (SA) amendments

The second stage of amendments are due to commence on 1 July 2024.

The Residential Tenancies (Miscellaneous) Amendment Act (Commencement) Proclamation 2024 (SA) sets out the specific provisions of the Amending Act which come into effect on 1 July 2024, and include:

  • prescribed information to be disclosed at time of advertising or offering premises for rent, and information to be disclosed around embedded networks;
  • new offences to induce entry into residential tenancy agreements by statements, representations or promises known to be false, misleading or deceptive, or to knowingly conceal material facts prescribed by regulations;
  • 90 day timeframe for tenants to apply for review of excessive rent increases;
  • requirement for landlord to provide at least one electronic, fee free rent payment option;
  • new process for tenants applying for permission to keep pets;
  • new prescribed minimum efficiency standards;

NSW: 2024/2025 Budget released by New South Wales government

Date: 18 June 2024
Source: New South Wales Government

 

The New South Wales Government has formally released its budget for the period from 1 July 2024 to 30 June 2025 (Budget).

Some key items relevant to property practitioners announced in the Budget include:

  • $450 million for a Key Worker Build-to-Rent program across metropolitan areas, and $200 million for key health worker accommodation across rural and regional areas;
  • additional funding to support the planning system; and
  • additional funding to develop and enforce renter protections, and for strata scheme regulation.

Full details on the Budget can be found on the New South Wales Government’s website.

CTH: Have your say on expanding the Commercial Building Disclosure Program before 13 September 2024

Date: 17 June 2024
Source: Australian Government

Abstract:

The public is being invited to have their say on expanding the Commercial Building Disclosure (CBD) Program. The consultation period closes on 13 September 2024.

Under the CBD Program energy efficiency information is required to be provided most often when commercial office space of 1000 square metres or greater is offered for sale or lease.

The Australian Government is contemplating the expansion of the CPD Program to include more commercial building and ownership types based on a recent report proposing changes to assist in:

  • lowering energy consumption;
  • reducing energy bills; and
  • decreasing greenhouse gas emissions.

Additionally, the report recommended a road map allowing for the extension of compulsory disclosure of energy use to a broader spectrum of commercial buildings including:

  • hospitals;
  • hotels;
  • shopping centres; and
  • other non-residential amenities.

The public has until Friday 13 September 2024 to submit their feedback.

They can have their say by reading the CBD Program consultation discussion paper, viewing the road map and taking the survey here or uploading a submission.

For more details on the CPD Program see the CBD website.

VIC: Complaints about advertised residential rental properties

Date: 12 June 2024
Source: Consumer Affairs Victoria

 

Victorian residential providers offering new premises for rent will be subject to more oversight about compliance with the minimum rental standards and other obligations.

Consumer Affairs Victoria has made available an online form for reporting issues with a rental property. Any prospective renter, real estate agent or member of the public, after visiting an open for inspection or seeing a property advertised online, can use the form to report issues about the property, for example, that the advertisement was misleading or that the property might be below the minimum rental standard requirements. Evidence about the reported issue (eg, photos or images of the property and the advertisement) must be provided at the time of making the complaint.

For more information about the minimum rental standards applying to Victorian residential premises, see Heading: Repairs to premises/state of repair in Guidance Note: Obligations during residential tenancy.

QLD: 2024/2025 Budget released by Queensland government

Date: 11 June 2024
Source: Queensland Government

 

The Queensland Government has formally released its budget for the period from 1 July 2024 through to 30 June 2025 (Budget).

Some key items relevant to property practitioners announced in the Budget include:

Full details of the Budget can be found on the Queensland Government’s website.

SA: 2024/2025 Budget released by South Australian government

Date: 7 June 2024
Source: South Australian Government

Abstract:

The South Australian Government has formally released its budget for the period from 1 July 2024 through to 30 June 2025 (Budget).

Some key items relevant to property practitioners announced in the Budget include:

  • removal of thresholds on stamp duty exemptions for first home buyers purchasing new homes on or after 6 June 2024;
  • removal of thresholds for the First Home Owner Grant;
  • narrowing of previous ownership eligibility criteria for both the stamp duty exemptions available for first home buyers and the First Home Owner Grant; and
  • foreign owner surcharge (if otherwise applicable) is payable by first home buyers on the interest being transferred to any foreign person.

New land tax rates and thresholds were also announced.

Full details of the Budget can be found on the South Australian Government’s website.

Land registry and ELNO fee updates from 1 July 2024

Date: 7 June 2024
Source: VIC Land Use Victoria | NSW LRS | QLD Titles Queensland | WA Landgate | SA Land Services | TAS Titles Office | ACT Access Canberra | NT Land Titles Office

Land registries across the country have updated their fees from 1 July 2024. ELNOs, PEXA and Sympli, have also updated their pricing. Details below.

New South Wales | Land Registry Services

New fees payable from 1 July 2024 to 30 June 2025 are listed here on the LRS website.

Victoria | Land Use Victoria

New fees payable from 1 July 2024 to 30 June 2025 are listed here on the LUV website.

Queensland | Titles Queensland

New fees payable from 1 July 2024 to 30 June 2025 are listed here on Titles Queensland website.

Western Australia | WA Landgate

New fees payable from 1 July 2024 to 30 June 2025 are listed here on WA Landgate website.

South Australia | Land Services

New fees payable from 1 July 2024 to 30 June 2025 are listed here on the Land Services website.

Tasmania | Land Titles Office

New fees payable from 1 July 2024 to 30 June 2025 are listed here on the Land Titles Office website.

Australian Capital Territory | Access Canberra

New fees will be payable from 1 July 2024, and will be listed here on the Access Canberra website from 1 July 2024.

VIC: Consultation on proposed Residential Tenancies and Residential Tenancies (Rooming House Standards) Amendment (Minimum Energy Efficiency and Safety Standards) Regulations (Vic)

Date: 4 June 2024
Source: Engage Victoria

The Victorian Government has released an exposure draft of the proposed Residential Tenancies and Residential Tenancies (Rooming House Standards) Amendment (Minimum Energy Efficiency and Safety Standards) Regulations (Proposed Amendment Regulations) for consultation.

The Proposed Amendment Regulations prescribe:

  • minimum standards in rented residential properties for blind cord safety anchors, ceiling insulation, heating and cooling, draughtproofing, hot water and shower heads;
  • minimum standards for heating in rooming houses; and
  • expanded modifications that a rental provider cannot unreasonably withhold consent to under s 64(1B)(h) of the Residential Tenancies Act 1997 (Vic) to include draughtproofing in homes without a flueless space heater, and in kitchen facilities in a home unless there is a flueless gas cooking appliance without a rangehood.

The Victorian Government expects the Proposed Amendment Regulations to be made in October 2024, with transitionary periods to allow time for bringing relevant properties up to compliance.

Feedback can be provided by written submissions or through survey via Engage Victoria’s website. Feedback closes 1 July 2024.

The exposure draft and regulatory impact assessment of the proposed Residential Tenancies and Residential Tenancies (Rooming House Standards) Amendment (Minimum Energy Efficiency and Safety Standards) Regulations (Vic) are available on Engage Victoria’s website.

 

NSW: Updated Lodgment Rules Exception List from 24 June 2024

Date: 28 May 2024
Source: Office of the Registrar GeneralThe Registrar General has updated the Lodgement Rules Exception List (version 2, updated 27 May 2024).

Version 2 of the Lodgement Rules Exceptions List will replace the current Lodgement Rules Exceptions List (version 2, updated 24 December 2021) from 24 June 2024.

Exception 68.5 of Version 2 of the Lodgement Rules Exceptions List has already come into effect on 27 May 2024.

There are no changes to the Lodgment Rules (version 2.0, effective 11 October 2021), made under section 12F of the Real Property Act 1900.

There has been no change to the Lodgment Rules Exception Form (available here).

Qld: Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 (Qld) and Manufactured Homes (Residential Parks) Amendment Bill 2024 (Qld) passed by Queensland Parliament

Date: 24 May 2024
Source: Queensland Legislation
Jurisdiction: Queensland

Abstract:

The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 (Qld) (RTRA Amending Bill) and Manufactured Homes (Residential Parks) Amendment Bill 2024 (Qld) (MHRA Amending Bill) were passed by the Queensland Parliament on 23 May 2024.

The RTRA Amending Bill amends, amongst other legislation, the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (RTRA Act). The MHRA Amending Bill principally amends the Manufactured Homes (Residential Parks) Act 2003 (Qld) (MHRA Act).

Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 (Qld)

Some key amendments the RTRA Amending Bill makes to the RTRA Act include:

  • prohibiting rent bidding or accepting rental higher than the advertised price;
  • limiting rent increases to no more than once every 12 months for any given property, unless the property manager, owner, provider or agent is exempt or QCAT permits an earlier increase;
  • set calculations for re-letting costs;
  • minimum 48 hour notice period before entry, and limitations on frequency of entries after notice to end tenancy has been given; and
  • ability to create new regulations for a rental sector code of conduct, a portable bond scheme and tenant applications to make modifications for safety, security or accessibility purposes.

Parts of the RTRA Amending Bill come into force on assent.

High Court dismisses appeal of Cessnock City Council and requires payment of $3.7 million in reliance damages (Cessnock City Council v 123 259 932 Pty Ltd)

Date: 20 May 2024
Court: High Court of Australia
Judge(s): Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ
Judgment date: 8 May 2024
Catchwords: WORDS AND PHRASES — “Breach of contract” — “Expectation loss” — “Reliance damages” — “Presumption of recoupment” — “Wasted expenditure”

Abstract:

The High Court has unanimously dismissed the appeal of Cessnock City Council (Council) in their dispute over a lease agreement with 123 259 932 Pty Ltd, formerly Cutty Sark Holdings Pty Ltd (Cutty Sark). In line with the Court of Appeal’s decision, the High Court found that Cutty Sark’s expenditure of $3.7 million on an aircraft hanger in reliance of the Council’s promise in the lease agreement entitled Cutty Sark to reliance damages.

Background

The Council entered into a 30 year lease agreement with Cutty Sark over a lot of airport land. The Council contracted to take all reasonable action to apply for and register the plan of subdivision of the land by 30 September 2011 and granted Cutty Sark a licence to occupy the lot in the interim.

During its occupation of the lot and in reliance on the lease agreement, Cutty Sark built an aircraft hanger costing over $3.7 million.

VIC: Commercial and Industrial Property Tax Reform Act 2024 (Vic) receives Royal Assent

Date: 21 May 2024
Source: Victorian Legislation
Jurisdiction: Victoria

Abstract:

On 21 May 2024 the Commercial and Industrial Property Tax Reform Act 2024 (Vic) (Act) received Royal Assent. The Act will commence on 1 July 2024.

More detail about the Act is available in our earlier updates of 21 March 2024 and 7 May 2024.

Click here to view the full text of the Act.

Click here to view the Explanatory Memorandum.

High Court dismisses appeal of Cessnock City Council and requires payment of $3.7 million in reliance damages (Cessnock City Council v 123 259 932 Pty Ltd)

Date: 20 May 2024
Court: High Court of Australia
Judge(s): Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ
Judgment date: 8 May 2024
Catchwords: WORDS AND PHRASES — “Breach of contract” — “Expectation loss” — “Reliance damages” — “Presumption of recoupment” — “Wasted expenditure”

Abstract:

The High Court has unanimously dismissed the appeal of Cessnock City Council (Council) in their dispute over a lease agreement with 123 259 932 Pty Ltd, formerly Cutty Sark Holdings Pty Ltd (Cutty Sark). In line with the Court of Appeal’s decision, the High Court found that Cutty Sark’s expenditure of $3.7 million on an aircraft hanger in reliance of the Council’s promise in the lease agreement entitled Cutty Sark to reliance damages.

Background

The Council entered into a 30 year lease agreement with Cutty Sark over a lot of airport land. The Council contracted to take all reasonable action to apply for and register the plan of subdivision of the land by 30 September 2011 and granted Cutty Sark a licence to occupy the lot in the interim.

WA: Residential Tenancies Act 1987 (WA) partially amended from 16 May 2024

Date: 16 May 2024
Source: Western Australian Legislation
Jurisdiction: Western Australia

Abstract:

The Residential Tenancies Amendment Act 2024 (WA) (Amending Act) passed earlier this year, with a commencement date to be set by proclamation (see our earlier Latest Legal Updates dated 4 December 2023 and 24 April 2024). The Amending Act makes several changes to the principal Residential Tenancies Act 1987 (WA) (Act).

By the Residential Tenancies Amendment Act 2024 Commencement Proclamation 2024 (WA) published 15 May 2024, parts of the Amending Act came into force effective from 16 May 2024.

Amendments to Act

The following sections of the Amending Act, and consequential changes to the Act, came into operation on 16 May 2024:

Amending Act section

Section of the Act amended

Brief description

3

  

Explains Pt 2 of the Amending Act amends the Act.

4

3 (Terms used)

Inserts new definitions or moves definitions from elsewhere in the Act to s 3.

5

New 3A (References to residential premises or premises)

Clarifies how references to residential premises are to be interpreted.

6

8 (Functions of Commissioner)

Expands Commissioner’s functions to include publication of guidelines, and to include any other functions conferred or imposed by the Act or as prescribed.

7

9 (Commissioner may institute or defend proceedings for party)

Deletes definition of party (moved to s 3).

Cth: Federal budget 2024-25

Date: 15 May 2024
Source: Budget 2024-2025

The federal government issued the 2024-2025 budget this week. Key budget initiatives relevant to the property and construction industries, and the housing sector, and which may be of interest to property practitioners, include:

  • (lower fees to incentivise foreign investment in build to rent developments) lowering the foreign investment fee for foreign investors buying established build to rent properties, conditional on the property continuing to be operated as a build to rent development;
  • (broadening the foreign residential capital gains tax regime) amendments to the regime are proposed from 1 July 2025 and are expected to clarify and broaden the type of assets subject to CGT, with the government intending to consult on the implementation of the measure before then;
  • (funding for provision of social housing and homeless services by the states and territories) providing additional funding of $423.1 million over 5 years to support the provision of social housing and homelessness services under a new National Agreement on Social Housing and Homelessness (NASHH), which will bring annual funding under the NASHH to $1.8 billion, and provide $9.28 billion to the states and territories over the life of the NASHH;
  • (concessional loans and making more funding accessible to community housing providers):

VIC: State Taxation Amendment Bill 2024 (Vic) and consequential amendments to property related legislation

Date: 15 May 2024
Source: Victorian Legislation
Jurisdiction: Victoria

Abstract:

As part of the 2024/2025 Victorian budget (Budget), the State Taxation Amendment Bill 2024 (Vic) (Bill) has been introduced to the Victorian Parliament.

The Bill proposes to make various changes to Victorian legislation to enact measures announced in the Budget. Key changes to property related legislation are set out below.

Land Tax Act 2005 (Vic) – Consequential changes due to COVID-19 debt temporary land tax surcharge

In 2023 a COVID-19 debt temporary land tax surcharge was introduced for a 10 year period. However, an unintended consequence for land held jointly or through a trust was that secondary liabilities would not be offset in cases where they were supposed to.

Changes are made to the Land Tax Act 2005 (Vic) (Land Tax Act) as summarised below to address these unintended consequences, set to be repealed on 1 January 2034 after the temporary land tax surcharge ends.

Joint assessment of land tax

New s 38(7) is inserted into the Land Tax Act 2005 (Vic) (Land Tax Act) to provide that no additional secondary assessment of land tax under s 38(3) of the Land Tax Act is to be made for a joint owner’s individual interest in jointly held land if:

  • a primary assessment of land tax is made for the jointly held land under s 38(2), (2A), or (2B) of the Land Tax Act;
  • that joint owner does not own any other taxable land in any capacity;
  • that joint owner either does not own the jointly held land as a trustee, or if it does land tax at the relevant rate in Pt 1 of Sch 1 of the Land Tax Act applies; and
  • that joint owner is not an absentee owner, or if it is s 38(2A) applies to the primary land tax assessment.

NT: 2024-25 Budget released by the Northern Territory Government

Date: 15 May 2024
Source: Northern Territory Government

Northern Territory Government has formally issued its budget for the period from 1 July 2024 through to 30 June 2025 (Budget).

Certain key features of the Budget relevant to property practitioners include:

  • from 1 July 2024 the Rent Choice Scheme will be available to assist eligible key workers in locating affordable housing;
  • the bond assistance scheme providing interest free loans to assist in paying the initial bond for a private rental property where tenants can apply for up to 4 weeks rent as a security deposit with an option to cover 2 weeks rent in advance;
  • HomeBuild access loans to help home buyers with accessing low deposit home loan options; and
  • further funding to improve remote housing conditions.

For more information see the cost-of-living support fact sheet.

Full details of the Budget can be found on the Northern Territory Government’s website.

WA: 2024/2025 Budget released by Western Australian government

Date: 10 May 2024
Source: Western Australian Government

The Western Australian Government has formally released its budget for the period from 1 July 2024 through to 30 June 2025 (Budget).

Some key items relevant to property practitioners announced in the Budget include:

  • increasing the first home buyers’ stamp duty exemption threshold to $450,000 and concession threshold to $600,000;
  • introducing the Vacant Property Rental Incentive Scheme which offers $5,000 to owners of properties which were vacant for the entirety of 8 November 2023 to 7 May 2024 where after 7 May 2024 those owners enter into a residential tenancy agreement for at least 12 months and with a commencement date by 6 November 2024; and
  • additional funding to support housing supply and affordability.

Full details of the Budget can be found on the Western Australian Government’s website.

VIC: 2024/2025 Budget released by Victorian government

Date: 8 May 2024
Source: Victorian Government

The Victorian Government has formally released its budget for the period from 1 July 2024 through to 30 June 2025 (Budget).

Some key items relevant to property practitioners announced in the Budget include:

  • the Victorian Government reiterating its commitment to stamp duty reform for commercial and industrial properties through the Commercial and Industrial Property Tax Reform Bill 2024 (Vic) (see our earlier Latest Legal Updates dated 21 March 2024 and 7 May 2024);
  • standalone land tax exemption for social and emergency housing;
  • increases in the fire services property levy; and
  • additional funding for the Victorian HomeBuyer fund, however, it may be replaced by the Federal Help to Buy scheme (see our earlier Latest Legal Updates dated 19 April 2024 and on 29 April 2024 on the proposed Help to Buy scheme, and our Guidance Note: Shared equity schemes for an overview of the current Victorian HomeBuyer scheme).

Full details of the Budget can be found on the Victorian Government’s website.

WA: New Vacant Property Rental Incentive Scheme for property owners

Date: 8 May 2024
Source: Government of Western Australia

Abstract:

The WA Government is set to provide $5,000 incentives to vacant residential property owners to switch their properties to the long-term rental market for a minimum of 12 months to assist people looking to lease rental properties.

To be eligible for the new $5,000 Vacant Property Rental (VPR) Incentive Scheme, the vacant property must meet the following criteria:

  • a minimum 6-month property vacancy;
  • is a single independent dwelling consisting of a kitchen, bathroom, and toilet (spare rooms or granny flats will not qualify);
  • the property has not received a short-term rental accommodation (STRA) Incentive Scheme payment; and
  • enter a residential tenancy agreement for 12 months minimum where the tenancy begins by 6 November 2024.

VIC: Paper titles phased out from 3 August 2024

Date: 7 May 2024
Source: Department of Transport and Planning

From 3 August 2024, paper certificates of title will no longer be issued in Victoria. Existing paper certificates of title will remain valid until the next time that they are used in a conveyancing transaction.

Where a registered proprietor does not engage a Subscriber to hold control of an electronic title, or a Subscriber does not want to or is not authorised to hold control of an electronic title, the Subscriber will need to request the Registrar to take control of the electronic title. This is done using the administrative notice ‘Request to transfer control of electronic certificate(s) of title to the Registrar’ (known, on PEXA, as ‘Give Control of Title to Registrar’).

An electronic title which is in the control of the Registrar cannot be nominated to any dealing. A Subscriber will need to be authorised by the registered proprietor to request control from the Registrar and, subsequently, to nominate the electronic title to the relevant dealing or transaction. This is done using the administrative notice ‘Request to take control of electronic certificate(s) of title from the Registrar’ (known, on PEXA, as ‘Obtain Control of Title from Registrar’).

VIC – Government releases further details about the commercial and industrial property tax reform

Date: 7 May 2024
Source: Victorian Legislation and Department of Treasury and Finance
Jurisdiction: Victoria

The Commercial and Industrial Property Tax Reform Bill 2024 (Bill) has passed the Legislative Assembly and has been read for second time in the Legislative Council.

The Bill proposes to introduce a new commercial and industrial property tax (CIPT) for commercial and industrial properties (CIPs) in Victoria. Details of the CIPT are set out in our earlier update.

The government has released a detailed information sheet on the CIPT tax reform and also released a fact sheet on the transition loan program, which are available on the Department’s website on the tax reform.

The Bill and Explanatory Memorandum are available for download from the Victoria Parliament website.

ACT: Updated ACT Land Titles Practice Manual

Date: 6 May 2024
Source: Access Canberra

The Australian Capital Territory Land Titles Office has released an updated Land Titles Practice Manual (Manual).

A summary of the changes has not been provided along with the Manual, but updates include:

  • a new chapter 8 and associated changes elsewhere in the Manual for the pre-lodgement check service (see our earlier Latest Legal Update from 27 March 2024);
  • incorporation of requisition fees (see our earlier Latest Legal Update from 27 March 2024);
  • updates to reference the new Planning Act 2023 (ACT) (replacing the Planning and Development Act 2007 (ACT));
  • additional details on overriding statutory charges in chapter 69;
  • a new dictionary section;
  • various edits due to the passage of time and changes to land registry practice; and
  • clarifications.

A copy of the latest Manual is available on Access Canberra’s website.

Second stage consultation on reforming Australia’s AML/CTF regime

Date: 3 May 2024
Source: Progressing reforms to Australia’s anti-money laundering and counter-terrorism financing laws

On 2 May the Attorney-General's Department (A-G) announced the commencement of the second stage of consultation on reforming Australia's anti-money laundering and counter-terrorism financing (AML/CTF) regime, the key requirements of which are currently set out in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (the Act).

The second stage consultation includes the release of detailed reform proposals outlined in several consultation papers published on the A-G's website. The reforms aim to extend the scope of the existing AML/CTF legislation to high-risk sectors including lawyers, accountants, trust and company service providers, real estate agents and dealers in precious metals and stones.

Other key objectives of the proposed reforms which will apply to both current and newly proposed reporting entities are to simplify and modernise the regime in line with international standards set by the Financial Action Task Force (the global financial crime watch dog), reduce the complexity and regulatory burden for reporting entities, ensure the regime responds to evolving threats, and harden businesses against exploitation by criminals.

Government announces reforms to strengthen foreign investment framework

Date: 2 May 2024
Source: Treasury

Abstract:

The Federal Government has announced reforms to streamline and strengthen Australia’s foreign investment framework, to deliver a stronger, faster and more transparent approach to foreign investment.

The reforms implement a risk-based approach to reviewing foreign investment proposals and aim to attract investment and boost economic security, while strengthening the Government’s ability to protect the national interest in an increasingly complex economic and geostrategic environment.

Strengthening framework to protect national interest

Key changes to strengthen the foreign investment framework for higher-risk proposals include:

  • Dedicating more resources and applying more scrutiny to investments in critical and sensitive areas of Australia’s economy, eg critical infrastructure, critical minerals, critical technology, and those in proximity to sensitive Australian Government or Defence facilities or involving sensitive data

Cth: Have your say on the Australian Government’s Help to Buy Program Directions before 21 May 2024

Date: 29 April 2024
Source: Ministers Treasury

Abstract:

The public is being invited to have their say on the Australian Government’s Help to Buy scheme Program Directions. The consultation period closes on 21 May 2024.

The Program Directions will run beside the Help to Buy legislation helping Housing Australia with delivering the plan. Help to Buy is a shared equity scheme that will reduce the cost of purchasing a home by up to 40 per cent for 40,000 low and middle income earners.

The Help to Buy scheme will assist eligible homebuyers with an equity contribution of up to 40 per cent for new homes and 30 per cent for existing homes.  For further information on the Help to Buy scheme see our update on 22 August 2023.

The public has until Tuesday 21 May 2024 to submit their feedback.

They can have their say by commenting on the consultation.

Click here to lodge a submission.

WA: Residential Tenancies Amendment Act 2024 (WA) and Short-Term Rental Accommodation Act 2024 (WA) receive Royal Assent

Date: 24 April 2024
Source: Government of Western Australia - Legislation
Jurisdiction: Western Australia

The Residential Tenancies Amendment Act 2024 (WA) and the Short-Term Rental Accommodation Act 2024 (WA) both received Royal Assent on 22 April 2024.

Each Act will substantively commence on a date yet to be proclaimed.

For further detail on either of the Acts (including links to their Explanatory Memorandums) see our earlier Latest Legal Updates on 4 December 2023 for the Residential Tenancies Amendment Act 2024 (WA) and 5 April 2024 for the Short-Term Rental Accommodation Act 2024 (WA).

CPI figures released for the March 2024 quarter could impact leases

Date: 24 April 2024
Source: Australian Bureau of Statistics

Abstract:

The Consumer Price Index (CPI) figures have been released for the March 2024 quarter (that is, for the 1 January 2024 to 31 March 2024 period) by the Australian Bureau of Statistics.

Landlords and tenants should check their leases to see if a rent review CPI adjustment is required using the CPI figures for the March 2024 quarter.

For more information about the CPI figures, see the Australian Bureau of Statistics website.

For further details in relation to rent reviews, see our guidance on Rent review for non-retail leases, Rent review for retail leases, Leases — Checklist for conducting a rent review in accordance with the Consumer Price Index (CPI), and Leases — Acting for landlord — Checklist before entering into and finalising a commercial or retail lease.

QLD: Updated Titles Queensland Land Title Practice Manual

Date: 22 April 2024
Source: Titles Queensland

The Titles Queensland has updated the Land Title Practice Manual has been updated, effective from 22 April 2024.

The updated version of the LTPM is available here.

A tracked version of the LTPM is also available here.

CTH: Economics Legislation Committee issues report on Help to Buy Bill

Date: 19 April 2024
Source: Parliament of Australia

The Commonwealth Senate Economics Legislation Committee (Committee) has issued its report (Report) on the Help to Buy Bill 2023 (Cth) and associated Help to Buy Bill (Consequential Provisions) Bill 2023 (Cth).

While the Report contains dissenting views from some Committee members, the Committee overall recommends the Senate passes the bills.

A full copy of the Report is available on the Parliament of Australia’s website.

TAS: New stamp duty exemption for eligible first home owners

Date: 15 April 2024
Source: Premier of Tasmania
Jurisdiction: Tasmania

Abstract:

The Tasmanian Premier, Jeremy Rockliff, has announced that the government will introduce legislation that would provide stamp duty exemptions for eligible first home buyers purchasing their first home, valued up to $750,000. Currently, eligible first home buyers are entitled to a 50% stamp duty concession on purchases of property valued up to $600,000. Details of the legislative changes are not yet available. It is expected that the legislative changes will be retrospective and will apply from 18 February 2024. It is also expected that the exemption would apply to existing houses, units and apartments, and would be available through to 30 June 2026, after which time the exemption would be reviewed.

The Premier’s press release can be read here.

ACT: Housing and Consumer Affairs Legislation Amendment Bill 2024 (ACT)

Date: 11 April 2024
Source: Australian Capital Territory Legislation Register
Jurisdiction: Australian Capital Territory

Abstract:

The Australian Capital Territory Government has introduced the Housing and Consumer Affairs Legislation Amendment Bill 2024 (ACT) (Bill).

The Bill proposes to principally amend:

with consequential new infringement notice regulations under the Magistrates Court Act 1930 (ACT), amendments to the Magistrates Court (Charitable Collections Infringement Notices) Regulation 2003 (ACT), and minor amendments to the Civil Law (Sale of Residential Property) Act 2003 (ACT).

RTA amendments

Amendments to the RTA include:

  • preventing rent increases at intervals of less than 12 months under any circumstances (eg through using short term tenancy agreements and uplifting the rent on each commencement date);

ACT: Review and consultation on current state of off-the-plan contract laws

Date: 10 April 2024
Source: Australian Capital Territory government

The Australian Capital Territory (ACT) government has announced it is reviewing whether the legislative changes introduced in November 2021 to off-the-plan contracts are working effectively.

By the Civil Law (Sale of Residential Property) Amendment Act 2021 (ACT), the Civil Law (Sale of Residential Property) Act 2003 (ACT) was amended to prevent sellers from rescinding an off-the-plan contract of sale under a sunset date or a delay event rescission clause without the consent of the buyer, or an order from the Supreme Court.

The ACT government committed to a review of those changes in 2 years, which it has now commenced.

Community members involved with off-the-plan transactions, including buyers and sellers (previous, current, or prospective), their family and friends, real estate agents, property developers, and lawyers are encouraged to provide feedback.

Feedback can be provided by:

  • making a submission addressing questions on the ACT government’s earlier consultation paper;
  • completing the ACT government’s survey; or
  • providing written comments or submissions by email to civilconsultation@act.gov.au.

Short-Term Rental Accommodation Bill 2024 (WA)

Date: 5 April 2024
Source: Parliament of Western Australia
Jurisdiction: Western Australia

Abstract:

The Short-Term Rental Accommodation Bill 2024 (Bill) was read for the second time in the Legislative Council on 21 March 2024.

The purpose of the Bill will:

  • put in place a plan for the registration of short-term rental accommodation (STRA); and
  • administer information regarding STRA; and
  • make resulting amendments to the Fair Trading Act 2010; and
  • affect the operation of specific local laws.

The provisions in the Bill will define “short-term rental accommodation”, identifying the accommodation arrangements that will fall within the legislation’s scope including residential properties let on a short-term basis in which guests are not housed for longer than 3 months in a 12-month period.

Short-term accommodation for tourists including hotels, motels and caravan parks will not be covered by the Bill. The Bill will apply to STRA regardless of the purpose of the proposed use (such as holiday or tourism, medical, business, relocation or other grounds), with the exception of premises with a dedicated purpose of offering emergency or crisis accommodation, applying to hosted and un-hosted STRA arrangements.

ACT: Pre-lodgement check service, new requisition fees and mortgages on Form 026-M accepted until 31 December 2024

Date: 27 March 2024
Source:ACT Land Titles Office

The Australian Capital Territory’s (ACT) Land Titles Office has announced:

  • a new pre-lodgement check service;
  • the introduction of requisition fees; and
  • an extension to the date mortgages on Form 026-M will be accepted.

Pre-lodgement check

Applications can be submitted to the Land Titles Office prior to lodgement for a review which is aimed to:

  • check if the application is correct and ready to lodge;
  • advice what changes (if any) and application may need before lodgement; and
  • avoid extra costs or registration delays.

Fees of $80 for each simple application, $160 for each complex application, and $309 for a unit plan or sublease plan plus $10 per unit over 30 units apply.

A list of simple and complex applications, as well as links to make a pre-lodgement submission, are available on the Land Titles Office’s website.

Requisition fees

For applications lodged from 11 June 2024, requisitions fees may apply if the Land Titles Office has to:

  • follow up on errors in an application; or
  • check an application again.

Land Tax Assessment Amendment (Residential Construction Exemptions) Bill 2023 (WA) passes both houses of Parliament

Date: 26 March 2024
Source: Parliament of Western Australia

Abstract:

The Land Tax Assessment Amendment (Residential Construction Exemptions) Bill 2023 (Bill) has passed the WA Parliament on 21 March 2024. The amendments will commence on the day the Act receives Royal Assent for Sections 1 and 2 and the day after Royal Assent for the rest of the Act.

As set out in our updates on 25 October 2023 and 1 December 2023 the Bill amends the Land Tax Assessment Act 2022 (WA) temporarily extending the land tax residential construction amendments for owners who have started construction between 1 July 2020 to 30 June 2023.

Read the full text of the Bill and the explanatory memorandum on the Parliament of Western Australia website.

QLD: Mandatory CPD requirements to be imposed for real estate agents

Date: 25 March 2024
Source: Queensland Government

Abstract:

The Queensland Government has proposed a new, compulsory continuing professional development (CPD) scheme to be introduced for all real estate agents and other property agents, such as property managers. The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 (Qld) which was tabled in state parliament on 21 March 2024, will require all licensees and salespeople to:

  • meet their CPD requirements for each year except for the first year they hold their licence; and
  • maintain a record of their CPD compliance.

Failure to meet requirements or maintain a compliant record will carry a maximum penalty of 10 penalty units, and may lead to agents being prevented from renewing their licence or registration.

An advisory panel will be established to allow industry and community stakeholders to provide input on what the CPD sessions should contain.

The Real Estate Institute of Queensland (REIQ) currently has CPD requirements for agents to obtain and maintain membership with the Institute, and in a press release published on 22 March 2023, REIQ CEO Antonia Mercorella has said that “…it’s momentous to see the introduction of mandatory CPD…”, however she stressed that it is “…important that there’s flexibility and agility in the required training…” and that the REIQ “…looks forward to shaping the content delivered through the Advisory Panel.”

Government consultation in 2022 indicated that 2 mandatory CPD sessions per year was the most widely supported model by agents, stakeholders, and members of the public. However, this has not been formalised in the Bill and is subject to further input from the advisory panel that will be established. See pages 7-8 and 11-12 of the Explanatory Note to the Bill for more information about this consultation.

VIC — Commercial and Industrial Property Tax Reform Bill 2024 (Vic)

Date: 21 March 2024
Source: Victorian Legislation 
Jurisdiction: Victoria

Abstract:

The Commercial and Industrial Property Tax Reform Bill 2024 (Bill) was read for the second time in the Legislative Assembly on 21 March 2024.

What does the Bill do and what is the commercial and industrial property tax?

The Bill introduces a new commercial and industrial property tax (CIPT) for commercial and industrial properties (CIPs) in Victoria. From 1 July 2024, CIPs will begin to transition to the new CIPT regime.

Under the new CIPT regime, a CIP will become exempt from stamp duty after stamp duty is paid for the CIP one last time, which will be upon the first dutiable transaction of the CIP to occur on or after 1 July 2024.

Once a CIP is in the new CIPT regime:

  • no stamp duty will be payable on any dutiable transaction relating to the CIP, provided that the CIP continues to have a qualifying commercial and industrial use; and
  • an annual CIPT, equivalent to 1% of the unimproved land value of the CIP, will be imposed and will first become payable 10 years after the last dutiable transaction for which stamp duty was imposed, occurred.

Version 7 of ARNECC Client Authorisation Form published

Date: 20 March 2024
Source: Australian Registrars’ National Electronic Conveyancing Council

Abstract:

Version 7 of the Client Authorisation Form has been published by the Australian Registrars’ National Conveyancing Council (ARNECC) and will apply from 28 March 2024.

See our earlier update on 2 February 2024 on version 7 of ARNECC Model Operating Requirements and Model Participation Rules.

A Client Authorisation signed by a client is needed in many conveyancing transactions permitting legal practitioners and conveyancers (subscribers) representing a client to execute documents such as a land registry instrument, electronically lodge documents with the land registry, and authorize or complete any financial aspects of the transaction on the client’s behalf.

A Client Authorisation is required to be in the prescribed form and completed correctly to operate. Subscribers must retain the Client Authorisation together with any supporting evidence for a period of at least 7 years from the date of lodgment of the relevant electronic land registry document.

A Client Authorisation can be located here

For more information about the Client Authorisation see the ARNECC website.

VIC: Victorian government cracking down on underquoting by real estate agents

Date: 19 March 2024
Source: Premier of Victoria

The Victorian government has provided an update on its efforts to investigate underquoting within the real estate agent industry.

Underquoting is addressed in ss 47A to 47D of the Estate Agents Act 1980 (Vic), and is generally described as an estate agent advertising, or advising a potential purchaser of, a property price that is less than:

  • the estate agent’s estimated selling price (if a single figure is estimated) or the lowest estimated selling price (if a range is estimated);
  • the vendor’s auction reserve or minimum sale price; or
  • an offer price the vendor has already rejected on the basis it was too low.

Underquoting may also be an offence under s 18 of the Australian Consumer Law which prohibits persons from engaging in misleading or deceptive conduct in trade or commerce, and s 30(1)(c) which prohibits persons, in trade or commerce, making false or misleading representations about the price payable for land in connection with the sale (or promotion of any sale) of that land.

Since the taskforce’s creation in late 2022, more than $1.1 million in fines have been issued, and criminal charges have recently been filed against an estate agency for particularly serious alleged misconduct.

SA: Date for replacement Digital Plan Lodgement system extended to May 2024

Date: 19 March 2024
Source: Land Services SA

Per Land Services SA’s announcement last year and our earlier update, South Australia’s current Electronic Plan Lodgement system (EPL) is to be replaced with a new Digital Plan Lodgement module (DPL).

Originally anticipated for release in March 2024, the DPL is now scheduled to release in May 2024. A further update on timing is expected once the actual date is confirmed.

In the lead up to the release of DPL, Land Services SA advises the following changes will be observed within the South Australian Integrated Land Information System (SAILIS):

  • a new “DPL Lodgement” type option will be available in the Invoice Search and Transaction Search screens, and the AM019 Product Transaction History report;
  • non-active DPL related fields will be visible on the Organisation Details screen;
  • DPL logos will be displayed in certain reports; and
  • new users and organisations will be created within SAILIS – Land Services SA will contact organisations individually before DPL commences.

Additional information around DPL, as well as answers to frequently asked questions, is available on Land Services SA’s latest announcement and website.

QLD: Queensland government flags support for proposed Help to Buy shared equity scheme

Date: 18 March 2024
Source: Queensland Government

Abstract:

The Queensland Government has announced that it will move quickly to enact legislation to deliver the federal Help to Buy shared equity scheme once the Help to Buy Bill 2023 (Cth) (Bill) is passed by the Federal Government. The Bill, which is currently in its second reading in the Senate, will see the Federal Government provide an equity contribution to eligible homeowners of up to 40% for new homes and 30% for existing homes.

To be eligible, singles must earn no more than $90,000 per year, and couples no more than $120,000 per year. Applicants must not currently own any other land or property anywhere in the world. Applicants are not ineligible if they have previously owned property.

There will be price caps for metropolitan and regional areas in each state and territory, which are yet to be confirmed. However, in the federal Labor Party’s election policy statement, the price caps were proposed to be:

Eligible region

Property price cap

NSW – capital city & regional centres

$950,000

NSW – rest of state

$600,000

VIC – capital city & regional centres

$850,000

NT: Housing and Related Legislation Amendment Act 2024 (NT)

Date: 18 March 2024
Source: Northern Territory Government - Legislation
Jurisdiction: Northern Territory

Abstract:

The Housing and Related Legislation Amendment Act 2024 (NT) (Amending Act) received royal assent on 14 March 2024, with a commencement date to be the earlier of a date set by notice in the gazette or 12 February 2026.

The Amending Act amends the Housing Act 1982 (NT) (Housing Act) and Housing Regulations 1983 (NT) (Housing Regulations), the Community Housing Providers (National Uniform Legislation) Act 2013 (NT) (Community Housing Providers Act), and the Residential Tenancies Act 1999 (NT) (Residential Tenancies Act).

The outline of the Amending Act’s Explanatory Statement states the intention of the Amending Act is to:

  • support the transfer of public housing management to community housing providers;
  • promote the growth of a diverse social housing system;
  • provide clarity and consistency between social housing operating models; and
  • modernise terminology within the Housing Act and Residential Tenancies Act.

Amendments:

Amendments made by the Amending Act include:

Amendment

Amending Act provision

Amendments to Housing Act

New definitions of community housing provider, eligible person, prescribed housing scheme, social housing eligibility criteria, and social housing lease are inserted.

Sections 8, 9, and 10

Definition of public housing premises amended.

QLD: Compensation granted to buyers deprived of a lot due to a fraudulent mortgage confirmed on appeal: (State of Queensland v Morecroft)

Date: 13 March 2024
Court: Queensland Supreme Court of Appeal (QCA)
Judge(s): Morrison, Boddice JJA and Applegarth J
Judgment date: 9 February 2024
Catchwords: Exceptions to Torrens title indefeasibility — Fraud or forgery — Equitable interest and registered interest — Assurance funds, compensation and remedies for deprivation

The originating case and salient facts

The State of Queensland appealed the Queensland Supreme Court’s decision in Issa v Owens [2023] QSC 4, where the State was ordered to pay compensation to the buyers of a property who were denied title to the property due to a combination of a fraudulent mortgage and the mortgagees failing to adequately verify the mortgagor’s identity.

In 2018, the owner’s son fraudulently mortgaged the property to obtain a $1 million loan for himself. He did the same thing with the owner’s other property in Victoria, which is discussed in C & F Nominees Mortgage Securities Ltd v Karbotli and Another (2021) 64 VR 218. Importantly for practitioners, both fraudulent loans and mortgages were facilitated by a practitioner who failed to take reasonable steps in witnessing the mortgagor’s signature.

SA: First stage of Residential Tenancies (Miscellaneous) Amendment Act 2023 (SA) commenced 1 March 2024

Date: 6 March 2024
Source: South Australian Legislation
Jurisdiction: South Australia

Abstract:

The Residential Tenancies (Miscellaneous) Amendment Act 2023 (SA), which amends the Residential Tenancies Act 1995 (SA), the Residential Parks Act 2007 (SA) and the Real Property Act 1886 (SA), was assented to on 7 December 2023 and is set to commence in stages.

The first tranche of amendments commenced on 1 March 2024.

The balance of the amendments will commence on one or more future date(s) to be proclaimed.

First tranche of amendments

The initial amendments taking effect on 1 March 2024 include:

  • New assignment and subletting provisions: ss 74, 74A and 74B;
  • Restriction on landlords and tenants from agreeing to increase rent within 12 months from the date of the residential tenancy agreement or from the date of the last rent increase: s 55(2b);
  • Increases to maximum penalties and expiation penalties, and in some cases introductions of penalties where previously there were none; and
  • More minor changes of a tidying or clarificatory nature.

Changes to the maximum and expiation penalties in the Residential Parks Act 2007 (SA) also took effect on 1 March 2024.

VIC: Updated and new revenue rulings clarifying remittance of market interest and guidance on notification defaults

Date: 4 March 2024
Source: State Revenue Office Victoria

Following public consultation, the State Revenue Office Victoria (SRO) has issued:

The revised Interest and Penalty Tax Ruling:

  • has some content around notification defaults removed (as the content has been included in the new Notification Default Ruling);
  • clarifies the circumstances under which market interest can be remitted; and
  • otherwise continues to explain the operation of the interest and penalty tax provisions in Part 5 of the Taxation Administration Act 1997 (Vic) (TAA).

A “notification default” is defined in s 3(1) of the TAA and includes failures to give certain notices under the Land Tax Act 2005 (Vic) and the Windfall Gains Tax Act 2021 (Vic). The new Notification Default Ruling explains the circumstances which amount to a notification default (with the Interest and Penalty Tax Ruling providing the guidance on interest and penalty tax consequences once a default has occurred).

E-conveyancing: Adoption of Version 7 of the Model Participation Rules and Model Operating Requirements

Date: 1 March 2024
Source: ARNECC

Following our earlier update on 2 February 2024, all jurisdictions (except the Northern Territory) have adopted Version 7 of the Model Participation Rules (Rules) and Model Operating Requirements (Requirements).

Commencement for each jurisdiction

Version 7 of the Rules and the Requirements commence in:

Changes to the Rules and the Requirements

Our earlier update details the changes between Version 6 and Version 7 of the Rules and the Requirements.

Clean and marked-up versions of the Rules can be found here and the Requirements can be found here.

Adopted Rules and Requirements for each jurisdiction

The Rules for each jurisdiction can be found here.

The Requirements for each jurisdiction can be found here.

SA: Further mandating of e-conveyancing from 8 April 2024

Date: 1 March 2024
Source: Office of the Registrar-General | Land Services SA

In South Australia, from 8 April 2024, there is a widened mandate for dealings which must be lodged via an ELNO.

The Registrar-General has notified lodging parties that the below list of additional dealings which be required to be lodged via an ELNO from 8 April 2024.

  • Application to Register Death (Subsidiary Interest) (AD2)
  • Death of Lessee Determining Lease (ADD)
  • Agreement (AG)
  • Heritage Agreement (AH)
  • Retirement Village (AR)
  • Bankruptcy (BA)
  • Covenant (C)
  • Change of Name (CN)
  • Change of Name (Subsidiary Interest) (CN2)
  • Order of Court (CO2) (note: the mandate only applies to CO2 dealings lodged in relation to section 8 of the Enforcement of Judgments Act 1991 (SA))
  • Cancellation of Retirement Village (CR)
  • Discharge Misc Advance/Charge/Order of Court (DA) (note: the mandate only applies to DA dealings lodged in relation to section 8 of the Enforcement of Judgments Act 1991 (SA))
  • Discharge of Covenant (DC)
  • Discharge of Encumbrance (DE) (note: the existing e-conveyancing mandate is extended to include “by virtue of death of annuitant”)
  • Extension of Lease (EL)
  • Extension of Mortgage (EM)
  • Extension of Underlease (EU)

TAS: Excluded Registry Instruments and other Documents following new Recorder’s Directions

Date: 26 February 2024
Source: Land Tasmania

Following the issue of new Recorder’s Directions (Directions) taking effect 7 March 2024, the Tasmanian Recorder of Titles has released a list of excluded Registry Instruments and other Documents (Excluded Instruments).

The new Directions apply all Registry Instruments and other Documents which are dated on or after 7 March 2024 and which are lodged on or after 7 March 2024, other than the Excluded Instruments.

Copies of the Directions and Excluded Instruments are available on Land Tasmania’s website.

See our earlier update and Land Tasmania’s Office Circulars No. 3/2024, No. 4/2024 and No. 7/2024 for further reading.

SA: Registrar-General’s 2023 industry survey report on eConveyancing released

Date: 26 February 2023
Source: Land Services SA

South Australia’s Registrar-General has issued the final 2023 industry survey report on eConveyancing (Report). A copy of the Report is available from the Department for Trade and Investment’s website.

The Report follows the Registrar-General’s survey conducted in August and September 2023 which sought feedback on:

  • the current state of eConveyancing and the support that is provided;
  • if participant’s expectations of eConveyancing were being met;
  • the possible mandating of more documents for eConveyancing; and
  • suggestions for future improvements.

The Office of the Registrar-General advised that the Report’s results and additional information were shared with Land Services SA, the Australian Institute of Conveyancers SA Division, the Law Society of South Australia, Revenue SA, Property Exchange Australia Ltd, and Sympli Australia Pty Ltd, and the Office will work closely with these organisations on further industry improvements.

Further information on the Report and other materials is available in Land Services SA’s customer information bulletin 389.

TAS: New Recorder’s Directions and resource materials

Date: 16 February 2024
Source: Land Tasmania

Abstract:

The Recorder of Titles has issued new binding Directions (Directions) under s 160A of the Land Titles Act 1980 (Tas) (Act). The Directions take effect from 7 March 2024.

Directions may be issued to specify the requirements and procedures to be followed for, or in connection with, the preparation and lodgement for registration of applications, dealings, instruments, and other documents for the purposes of the Act.

Land Tasmania has provided resources on the impacts of the new Directions to practitioners and the general public in the form of various webpages accessible at Land Tasmania, as well as an overview of the conveyancing reforms.

Copies of the Directions are available on Land Tasmania’s website, and further information is available in Land Tasmania’s Office Circulars No. 3/2024 and No. 4/2024.

New foreign investment laws aimed at increasing housing supply

Date: 14 February 2024
Source: Treasury

Abstract

On 7 February 2024, the Albanese Government introduced new legislation to revise the foreign investment framework, aiming to increase Australia's housing supply. The legislation entails tripling the foreign investment fees for purchasing established homes and doubling the vacancy fees for foreign-owned dwellings bought since 9 May 2017. It also offers reduced fees for foreign investments in Build to Rent projects, facilitating more housing availability. This initiative is part of a broader strategy to improve housing affordability including significant increases in Commonwealth Rent Assistance and investment in social and new housing. The changes are designed to encourage investment in new developments over existing properties, boosting housing stock and economic growth.

For more, see the media release here.

WA: Landgate online Requisition Portal now live and additional residual documents made available

Date: 5 February 2024
Source: Landgate

Abstract:

Following Landgate’s earlier announcement and our 19 January 2024 update, Western Australia’s secure online Requisition Portal is now live, and additional residual documents are available for electronic lodgement.

Requisition Portal

Landgate’s secure online Requisition Portal is now available.

A Requisition Portal User Guide has been published, along with an updated Stopped Documents land transactions procedure guide.

Frequently asked questions and further information is available on the Landgate website.

Additional residual documents

More than 20 additional residual documents have been made available for electronic lodgement.

A full list of residual documents, including those most recently made available, is available through Landgate.

While electronic lodgement of residual documents is not currently mandatory, Landgate highly encourages it.

Version 7 of ARNECC Model Operating Requirements and Model Participation Rules Released

Date: 2 February 2024
Source: Australian Registrars’ National Electronic Conveyancing Council

Abstract:

Version 7 of the Australian Registrars’ National Electronic Conveyancing Council (ARNECC) Model Participation Rules (Rules) and Model Operating Requirements (Requirements) have been published.

Clean, as well as tracked change, versions of the Rules can be found here and the Requirements can be found here.

To use an Electronic Lodgment Network Operator (ELNO) to lodge documents on an Electronic Lodgment Network (ELN), Subscribers (persons who have signed a participation agreement with an ELNO to us an ELN) are required to comply with the relevant participation rules that apply to that jurisdiction. ELNOs are required to comply with the relevant operating requirements that apply to that jurisdiction.

ARNECC issues model versions of the Rules and Requirements, which each State and Territory adopts to apply to their jurisdiction. It is anticipated each State and Territory operating an ELN will adopt the Rules and Requirements in due course.

The majority of changes focus on expanding and incorporating Interoperability into the Rules and Requirements.

CPI figures released for the December 2023 quarter could impact leases

Date: 1 February 2024
Source: Australian Bureau of Statistics

Abstract:

The Consumer Price Index (CPI) figures have been released for the December 2023 quarter (for the 1 October 2023 to 31 December 2023 period) by the Australian Bureau of Statistics.

Landlords and tenants should check their leases to see if a rent review CPI adjustment is required using the CPI number for the December 2023 quarter.

For more information about the CPI figures, see the Australian Bureau of Statistics website.

For further details in relation to rent reviews, see our guidance on Rent review for non-retail leases, Rent review for retail leases, Leases — Checklist for conducting a rent review in accordance with the Consumer Price Index (CPI), and Leases — Acting for landlord — Checklist before entering into and finalising a commercial or retail lease.

VIC: Registrar’s requirements for paper conveyancing transactions (version 9) commenced 25 January 2024

Date: 25 January 2024
Source: Land Use Victoria

The Registrar of Titles has determined that Version 9 of the Registrar’s requirements for paper conveyancing transactions (Registrar’s Requirements) comes into effect on 25 January 2024.

The new version of the Registrar’s Requirements is available here. A marked-up version is also available here.

We summarised the expected changes in our earlier update. The changes that are now being implemented by Version 9 of the Registrar’s Requirements are as follows.

  • Existing SPEAR subscribers must use SPEAR from the effective date for the new Registrar’s Requirements: From 4 March 2024, all existing SPEAR subscribers must lodge any instrument via SPEAR where the instrument is capable of being lodged using SPEAR.
  • SPEAR mandate for all lodging parties: From 29 April 2024, all instruments capable of being lodged using SPEAR, must be lodged using SPEAR.

SA: New Digital Plan Lodgement system to replace Electronic Plan Lodgement module

Date: 14 December 2023
Source: Land Services SA

Abstract:

Land Services SA is set to implement a new Digital Plan Lodgement (DPL) system to replace the current Electronic Plan Lodgement (EPL) module as part of the South Australian Integrated Land Information System (SAILIS).

The new DPL module will improve functions as follows:

  • One login for SAILIS and DPL users;
  • Plan Number allocation at plan creation;
  • Existing SAILIS data to be populated including easements on titles;
  • Plan Header alteration flexibility;
  • Community and Strata Plan Amendments and Strata Conversions support; and
  • Mass upload (CSV file) of Certificate of Title references.

The functional change will mean the issue of a required plan number before lodgement of all draft plans in the existing EPL system during the switch to the new DPL system. Only plans with a draft status created on or after 1 January 2024 will be allocated plan numbers.

To prepare for the new DPL system release scheduled for March 2024 Land Services SA will update its website in early 2024 which will provide more detail on the DPL module together with Frequently Asked Questions, videos and information on training sessions.

NSW — Strata Schemes Management Amendment Regulation 2024 (NSW)

Date: 23 January 2024
Source: New South Wales Government
Jurisdiction: New South Wales

Abstract:

On 19 January 2024 the Strata Schemes Management Amendment Regulation 2024 (NSW) (Amendment), which amends the Strata Schemes Management Regulation 2016 (NSW) (Regulations), and affects the operation of the Strata Schemes Management Act 2015 (NSW) (Act), commenced.

The Amendment:

  • prescribes that Part 11 of the Act does not apply to building work for build-to-rent properties which are:
    • carried out under development consent granted under Chapter 3, Part 4 of the State Environmental Planning Policy (Housing) 2021; and
    • entitled to a reduction in the assessable value of the land under section 9E of the Land Tax Management Act 1956 (NSW);
  • defers the increase in the amount required to be secured for a building bond under section 207 of the Act to 1 July 2024; and
  • prescribes additional circumstances for the cancellation of building bonds.

Click here to view the full text of the Strata Schemes Management Amendment Regulation 2024 (NSW).

WA: Landgate Requisition Portal coming and move towards electronic lodgement

Date: 19 January 2024
Source: Landgate

Abstract:

Landgate has announced its secure online Requisition Portal will be available early February 2024. The portal is intended to provide lodging parties a secure method for responding to and uploading evidence to satisfy a requisition.

This follows changes introduced by the Transfer of Land Amendment Act 2022 (WA) which enabled Landgate to electronically serve statutory notices by email, in replacement of some previous methods of service such as facsimile.

Landgate had previously communicated it was building the online Requisition Portal in response to stakeholder concerns around the security of relying on email alone to respond to requisitions.

The announcement separately reiterates Western Australia’s continuing development of its electronic lodgement capabilities and encourages the use of electronic lodgement for those residual documents currently capable of online preparation. For more details on residual documents for electronic conveyancing, see our earlier updates on 26 October 2022 and 27 July 2023.

For further information relating to the Requisition Portal or electronic lodgement capabilities, see the Landgate website.

Titles Queensland updates Land Title Practice Manual

Date: 5 January 2024
Source: Titles Queensland

The Titles Queensland has updated the Land Title Practice Manual has been updated, effective from 20 December 2023.

The updated version of the LTPM is available here.

A tracked version of the LTPM is also available here.

Statutory Declarations Regulations 2023 (Cth) give effect to new Commonwealth statutory declaration regime from 1 January 2024

Date: 4 January 2024
Source: Federal Register of Legislation

Abstract:

Following the passing of the Statutory Declarations Amendment Act 2023 (Cth) (Amendment Act) allowing Commonwealth statutory declarations to be made and witnessed electronically from 1 January 2024 (including through certain online digital verification platforms), the Governor-General has made the Statutory Declarations Regulations 2023 (Cth) (Regulations).

The Regulations repeal and replace the Statutory Declarations Regulations 2018 (Cth) from 1 January 2024 and give effect to the amendments made to the Commonwealth statutory declaration regime by the Amendment Act, including by prescribing:

  • who can witness Commonwealth statutory declarations; and
  • the technical requirements for making Commonwealth statutory declarations under the new digital statutory declaration provisions.

Prescribed witnesses

The Regulations do not change who can witness a Commonwealth statutory declaration.

As with the previous regulations, the Regulations provide that a Commonwealth statutory declaration can be witnessed by any of the following “prescribed persons” in person or by video link:

  • a person enrolled as a legal practitioner on the roll of a state or territory Supreme Court or the High Court of Australia;
  • a person currently licensed or registered to practise law in Australia;
  • a person currently licensed or registered to practise another occupation in Australia which is listed in Pt 1, Sch 1 to the Regulations; or
  • a person who is listed in Pt 2, Sch 1 to the Regulations.

Property Law Act 2023 (QLD)

Date: 19 December 2023
Source: Queensland Parliament
Jurisdiction: Queensland

The Property Law Act 2023 (Qld) (PLA23) was assented to on 2 November 2023 and will commence on a date to be proclaimed.

As set out in our earlier update, the PLA23 replaces the Property Law Act 1974 (Qld) and modernises property law in Queensland by adopting many of the recommendations in the 2018 Final Report: Property Law Act 1974. It is anticipated that the PLA23 will commence in 2024.

While the PLA23 has not yet commenced, there are some significant changes to property law which practitioners should be aware of and should be considering now (including some that will operate retrospectively). Some of these changes include:

  • Covenants imposed on the original landlord under a lease which do and do not ‘touch and concern’ the land will be enforceable by and against a new landlord where the original landlord has transferred the reversionary interest in the premises to the new landlord (ie, usually, sold the premises). This change will impact current buyers of property subject to a lease with a term that continues after the PLA23 commences. Read Div 3 Pt 9 of the PLA23.

SA: New Digital Plan Lodgement system to replace Electronic Plan Lodgement module

Date: 14 December 2023
Source: Land Services SA

Abstract:

Land Services SA is set to implement a new Digital Plan Lodgement (DPL) system to replace the current Electronic Plan Lodgement (EPL) module as part of the South Australian Integrated Land Information System (SAILIS).

The new DPL module will improve functions as follows:

  • One login for SAILIS and DPL users;
  • Plan Number allocation at plan creation;
  • Existing SAILIS data to be populated including easements on titles;
  • Plan Header alteration flexibility;
  • Community and Strata Plan Amendments and Strata Conversions support; and
  • Mass upload (CSV file) of Certificate of Title references.

The functional change will mean the issue of a required plan number before lodgement of all draft plans in the existing EPL system during the switch to the new DPL system. Only plans with a draft status created on or after 1 January 2024 will be allocated plan numbers.

To prepare for the new DPL system release scheduled for March 2024 Land Services SA will update its website in early 2024 which will provide more detail on the DPL module together with Frequently Asked Questions, videos and information on training sessions.

State Taxation Acts and Other Acts Amendment Act 2023 receives royal assent

Date: 12 December 2023
Source: Victorian Parliament
Jurisdiction: Victoria

Abstract:

The State Taxation Acts and Other Acts Amendment Act 2023 (Vic) (Act) received royal assent on 12 December 2023.

The Act amends the Duties Act 2000, the First Home Owner Grant and Home Buyer Schemes Act 2000, the Land Tax Act 2005, the Local Government Act 1989, the Property Law Act 1958, the Sale of Land Act 1962, the Treasury Corporation of Victoria Act 1992, the Valuation of Land Act 1960 and the Windfall Gains Tax Act 2021.

A summary of the changes made by the Act are set out in our earlier updates on 6 October 2023 and on 4 December 2023.

The Act, as passed, is available for download from the Victorian Parliament website.

What are the amendments?

Our earlier updates on 6 October 2023 and on 4 December 2023 summarised the amendments proposed by the Act.

When do the amendments commence?

Higher fees for foreign investment in housing

Date: 11 December 2023
Source: Treasury

The Treasurer has announced the following proposed changes to the fees payable on foreign investment applications and actions involving land and land entities:

  • tripling the fees payable when a foreign person purchases an established residential dwelling;
  • doubling vacancy fees for all foreign-owned dwellings purchased since 9 May 2017;
  • strengthening the enforcement regime administered by the Australian Taxation Office;
  • applying the commercial foreign investment fees for investment applications and actions for Build to Rent projects from 14 December 2023 onwards.

Legislation will be required to implement the changes and is expected early in 2024.

SA — E-conveyancing mandate to be extended from 8 April 2024

Date: 8 December 2023
Source: Office of the Registrar-General | Land Services SA

In South Australia, from 8 April 2024, a large number of additional dealings will be mandated for electronic lodgement via an ELNO (ie, PEXA or Sympli).

The Registrar-General has notified lodging parties that the below list of additional dealings which be required to be lodged via an ELNO from 8 April 2024. The Registrar-General’s notice is available here.

  • Application to Register Death (Subsidiary Interest) (AD2)
  • Death of Lessee Determining Lease (ADD)
  • Agreement (AG)
  • Heritage Agreement (AH)
  • Retirement Village (AR)
  • Bankruptcy (BA)
  • Covenant (C)
  • Change of Name (CN)
  • Change of Name (Subsidiary Interest) (CN2)
  • Order of Court (CO2) (note: the mandate only applies to CO2 dealings lodged in relation to section 8 of the Enforcement of Judgments Act 1991 (SA))
  • Cancellation of Retirement Village (CR)
  • Discharge Misc Advance/Charge/Order of Court (DA) (note: the mandate only applies to DA dealings lodged in relation to section 8 of the Enforcement of Judgments Act 1991 (SA))
  • Discharge of Covenant (DC)
  • Discharge of Encumbrance (DE) (note: the existing e-conveyancing mandate is extended to include “by virtue of death of annuitant”)

Digital ID Bill 2023 (Cth)

Date: 6 December 2023
Jurisdiction: Commonwealth

Abstract:

On 30 November, the Digital ID Bill 2023 (Cth) (the Bill) was introduced in the Senate. The aim of the Bill is to strengthen existing Digital ID schemes by increasing governance, privacy, and consumer protections as well as to provide legislative backing to the expansion of the schemes.

The Bill strengthens privacy requirements for accredited providers under the Trusted Digital Identity Framework (the government’s existing voluntary digital ID accreditation scheme). These include prohibitions on the use of single identifiers, the disclosure of information for marketing, and restrictions on the collection, use and disclosure of biometrics and other personal information. Penalties for non-compliance are included in the Bill. This aims to ensure individuals using digital ID services from accredited providers can be sure their information and privacy is protected.

The Bill also provides for expansion of the Australian Government Digital ID System (AGDIS). Phases 1 and 2 of the expansion will see the reciprocal use of digital IDs and attribute providers in Commonwealth and state and territory services. Eventually the government’s digital ID services and attribute providers will expand to the private sector under Phase 3.

Residential Tenancies Legislation Amendment Bill 2023 (NT)

Date: 6 December 2023
Source: Parliament of the Northern Territory

Abstract:

The Residential Tenancies Legislation Amendment Bill 2023 (Bill) has passed the parliament on 29 November 2023.

The Bill will amend the Residential Tenancies Act 1999 (NT) and the Residential Tenancies Regulations 2000 (NT) and proposes a number of residential tenancy law reforms directly affecting tenants including:

  • Rent bidding will be banned;
  • Termination notice periods by landlords of both fixed and periodic tenancies will be regulated to 60 days;
  • Protecting tenants privacy by limiting the required information tenants may have to provide in relation to rental applications; and
  • Lease break fees will be banned which will limit compensation for early termination of fixed term agreements to 4 weeks rent in which less than 50% of the agreed rental period has elapsed, or 2 weeks rent where more than 50% of the rental period has elapsed.

The Bill is awaiting assent.

The Bill and explanatory Statement are available for download from the Northern Territory Government.

State Taxation Acts and Other Acts Amendment Bill 2023 (Vic) amended and has now passed both houses

Date: 4 December 2023
Source: Victorian Legislation
Jurisdiction: Victoria

Abstract:

Following our earlier update, the State Taxation Acts and Other Acts Amendment Bill 2023 (Bill) was amended and has now passed both the Legislative Assembly and the Legislative Council. The Bill now awaits assent.

The more significant changes for property owners and for property transactions include:

  • the rate for the vacant residential land tax (VRLT) will be:
  • 1% for land which was not subject to the VRLT in the preceding tax year;
  • 2% if the land subject to the VRLT in the first preceding tax year but not the second preceding tax year; or
  • 3% for land which was subject to the VRLT for the precedent two tax years;
  • the prohibition on the apportionment of land tax between a vendor and purchaser under a contract of sale of land will not apply to any contract of sale entered into before 1 January 2024; and

the prohibition on the apportionment of land tax between a vendor and purchaser under a contract of sale of land will not apply to a contract of sale entered into before 1 January 2024.

Report released – Inquiry into the rental and housing affordability crisis in Victoria

Date: 4 December 2023
Source: Legislative Council Legal and Social Issues Committee | Report Tabled – Inquiry into the rental and housing affordability crisis in Victoria

The Committee inquired into the challenges facing Victorian renters and factors causing the rental and housing affordability crisis in Victoria. The Committee tabled its report, which can be read in full on its website.

Residential Tenancies Amendment Bill 2023 (WA)

Date: 4 December 2023
Source: Parliament of Western Australia

Abstract:

The Residential Tenancies Amendment Bill 2023 (Bill) was introduced into the WA Parliament on 29 November 2023.

The Bill will amend the Residential Tenancies Act 1987 (WA) which proposes a number of residential tenancy law reforms directly affecting tenants including:

  • Rental increases being limited to once every 12 months;
  • Tenants being able to keep pets with landlords placing conditions on the keeping of the pets;
  • Tenants being able to make fixed ‘minor modifications’ such as installing flyscreens, a water-saving shower head or a vegetable garden, to their rental property;
  • The release of bond process will be easier with both landlords and tenants being able to separately start the application process; and
  • Landlords, real estate agents and property managers will be prohibited from engaging in rent bidding.

The Bill has yet to be passed by the WA Parliament and subsequently assented to by the Governor.

The Bill and explanatory Memorandum are available for download from the Parliament of Western Australia.

Land Tax Assessment Amendment (Residential Construction Exemptions) Bill 2023 (WA)

Date: 1 December 2023
Source: Parliament of Western Australia

Abstract:

The Land Tax Assessment Amendment (Residential Construction Exemptions) Bill 2023 (Bill) was introduced into the WA Parliament on 30 November 2023.

The Bill will amend the Land Tax Assessment Act 2002 which will temporarily extend the land tax residential construction amendments for owners who have started construction between 1 July 2020 to 30 June 2023.

The Bill has yet to be passed by the WA Parliament and subsequently assented to by the Governor.

The Bill and explanatory Memorandum are available for download from the Parliament of Western Australia.

For further guidance see our update on 25 October 2023.

VIC — Review of the Domestic Building Contracts Act 1995 (Vic)

Date: 29 November 2023
Source: Engage Victoria

The Victorian Government is undertaking a review of the Domestic Building Contracts Act 1995 (Vic) (DBC Act) as part of its reforms to the construction industry.

Purpose of the review

The review will consider Parts 1–4 and Part 6 of the DBC Act. The objectives of the review are:

  • To evaluate the DBC Act and assess its effectiveness in protecting consumers and meeting industry needs in light of dynamic market conditions and modern construction practices.
  • To provide recommendations for amendments to the DBC Act to ensure it is fit for purpose and appropriately protects consumers while supporting an efficient and competitive domestic building marketplace and industry.
  • To ensure that the DBC Act maintains a strong consumer protection focus and that existing protections are not reduced.

Strata Legislation Amendment Bill 2023 (NSW)

Date: 28 November 2023
Source: Parliament of NSW and NSW legislation

The Strata Legislation Amendment Bill 2023 (Bill) has passed the parliament on 22 November 2023.

The Bill will amend the Strata Schemes Development Act 2015 (NSW) and Strata Schemes Management Act 2015 (NSW) which will implement recommendations made in the report tabled in Parliament on 29 November 2021, providing people in strata living instant benfits.

The Bill is awaiting assent.

The Bill and explanatory Notes are available for download from the Parliament of NSW.

Titles Queensland – Updated Directions for the preparation of plans

Date: 20 November 2023
Source: Titles Queensland

The Registrar of Titles has updated the Directions for the preparation of plans made under section 10 of the Land Title Act 1994 (Qld). The Directions outline the standards and specifications for all of the types of plans acceptable to Titles Queensland for registration.

Report by WA Government – support to continue compulsory CPD training for real estate and settlement industries

Date: 20 November 2023
Source: Government of Western Australia

Abstract:

The Department of Mines, Industry Regulation and Safety (Consumer Protection) has released a report revealing continued support for mandatory CPD education for the WA real estate and settlement industries.

The key findings of the report include:

  • Stakeholders regarded compulsory CPD education as beneficial;
  • 56% of licensees in the property industry would continue to voluntarily complete CPD education if the mandatory CPD program was removed;
  • The real estate sector supported CPD points to be reduced from 10 to 5 in a calendar year;
  • The settlement industry supported no changes to be made regarding CPD points for the settlement sector;
  • If compulsory CPD education continued, registered training providers supported a 12 month transitional period before the new CPD program commenced; and

SA: Change to Government banking system

Date: 20 November 2023
Source: Land Services SA

Abstract:

From 11 December 2023, the Office of the Registrar-General’s account details will change as a result of the SA Government converting their banking transactions system to the ANZ Bank.

Details of the new ANZ account will be noted in the November SAILIS invoice to be issued in early December.

People should update their bank details to reflect the new ANZ account, in the Accounts Payable vendor record before paying the November invoice through their SAILIS account, including their LSG account reference number to avoid delays .This also applies to all Electronic Funds Transfer (EFT) payments.

For more information, see the Land Services SA website.

QLD – Changes to First Home Owner Grant to help first home buyers

Date: 20 November 2023
Source: Queensland Government and Queensland Revenue Office

Abstract:

The Queensland Government has announced changes to the First Home Owner Grant Scheme by doubling the grant to $30,000 for eligible first home buyers to help with the cost of living.

Changes to the First Home Owner Grant will apply to qualified transactions between 20 November 2023 and 30 June 2025.

It is expected that eligible first home buyers will be able to apply for the grant increase from January 2024.

To be eligible for the First Home Owner Grant, first home buyers must purchase or build a new home for less than $750,000 (inclusive of land and any variations in the contract).

Electronic signing, remote witnessing and digital verification of Commonwealth statutory declarations from 1 January 2024

Date: 17 November 2023
Source: Parliament of Australia

The Statutory Declarations Amendment Act 2023 (Cth), allowing Commonwealth statutory declarations to be made and witnessed electronically, has received Royal Assent. The amendments will commence on 1 January 2024.

In addition to allowing for electronic signing and remote witnessing, the amendments introduce a new way of executing Commonwealth statutory declarations through a digital verification process conducted on a prescribed online platform.

Statutory Declarations Amendment Bill passes both houses of Parliament

Date: 10 November 2023
Source: Parliament of Australia

The Statutory Declarations Amendment Bill 2023 (Cth), allowing Commonwealth statutory declarations to be made and witnessed electronically, has passed both houses of Parliament. The amendments will commence on the later of 1 January 2024 and the day after Royal Assent.

In addition to allowing for electronic signing and remote witnessing, the amendments introduce a new way of executing Commonwealth statutory declarations through a digital verification process conducted on a prescribed online platform.

Read the full text of the Bill and the explanatory memorandum on the Parliament of Australia website.

NSW: have your say on the NSW Government’s analysis of the non-urban water metering plan before 26 November 2023

Date: 9 November 2023
Source: NSW Government

Abstract:

The public is being invited to have their say on the NSW Government’s evaluation of the non-urban water metering regulations to assess sustainability and management of water use. The consultation period closes on 26 November 2023.

Water users are being asked to provide ways to improve the water metering launch and how water use is measured, along with how to eliminate compliance hurdles in relation to the regulations introduced 5 years ago.

The public has until Sunday 26 November 2023 to submit their feedback.

They can have their say by completing an online survey.

Click here to complete the online survey.

For further information see the NSW Government website.

WA: Multiple titles in Residual documents now available and contact details updates regarding lodging parties, caveators and paper form templates

Date: 9 November 2023
Source: Landgate

Abstract:

Multiple titles in Residual documents are now able to be shown in the one document (depending on other document factors) for electronic conveyancing.

Some of the multiple titles in Residual documents include:

  • *Applications to remove caveats;
  • *Charges;
  • *Leases; and
  • *Subleases

The Residual Documents Table lists the documents available.

Lodging parties are now able to provide their email contact details in PEXA for lodgement correspondence in case Landgate, the Registrar of Titles or the Commissioner of Titles need to contact them.

For more information on Managing Subscriber Details, see the PEXA website.

Caveators are now able to provide their email and postal address details in Australia for service of notices when lodging a caveat digitally through PEXA, so the Registrar of Titles or the Commissioner of Titles can contact them to advise if an application to remove their caveat has been lodged for registration.

Rigid time periods for responding to removal notices exist and failing to respond may result in the removal of the caveat.

SA: Panel Forms changes and latest PEXA System Release

Date: 6 November 2023
Source: Land Services SA

Abstract:

Panel Forms changes have been made and the latest PEXA System Release 19 has been applied by Land Services SA allowing electronic lodgement of new dealings.

Panel Forms in paper form have been evaluated and changes made in line with electronic images. Changes to the following Panel Forms include:

  • Application to Note Change/Correction of Name;
  • Power of Sale;
  • Withdrawal of Caveat; and
  • Withdrawal of Lien.

Additionally, new Panel Forms have been introduced as follows:

  • An A3.1 panel form regarding Applications without a specified existing form in relation to Instruments where reference to a related dealing number is to be made for rescinding, withdrawing, cancelling, discharging, extending or varying;
  • An A3.2 panel form without a specified existing form in relation to an Affected Party; and
  • An A3 panel form without a specified existing form regarding situations where Instruments and an Affected Party panels are not required.

NSW: Key details for 2024 land tax year preparation for property purchasers

Date: 3 November 2023
Source: Revenue NSW

Abstract:

As a consequence of recent legislative changes, Revenue NSW has provided key details for 2024 land tax year preparation for property purchasers as follows:

Notice of assessments to be issued sooner

From 3 January 2024, the 2024 land tax notice of assessments will commence being issued.

Where property settlements are due in the first week of January, purchasers are able to request an early issue of the notice of assessment by logging into their MyServiceNSW account, entering the property settlement date and providing their email details to receive the 2024 notice of assessment sooner.

Clearance certificates

From 11 December 2023, purchasers are able to request a 2024 clearance certificate through the Revenue NSW Client Service Providers (CSPs).

As clearance certificates take up to 10 business days to issue from the date of request, purchasers should request a clearance certificate once settlement has been scheduled.

Property Law Bill 2023 (QLD)

Date: 26 October 2023
Source: Queensland Parliament
Jurisdiction: Queensland

Abstract:

The Property Law Bill 2023 (Bill) has passed the parliament on 25 October 2023.

The Bill will replace the Property Law Act 1974 (QLD) with new, modernised property legislation, drafted broadly in accordance with the recommendations in the 2018 Final Report: Property Law Act 1974. The Bill also implements a statutory seller disclosure scheme for sales of freehold land in Queensland.

The Bill is awaiting assent.

The Bill and Explanatory Note are available for download from the Queensland Parliament website.

CPI figures released for the September 2023 quarter could impact leases

Date: 26 October 2023
Source: Australian Bureau of Statistics

Abstract:

The Consumer Price Index (CPI) figures have been released for the September 2023 quarter (for the 1 July 2023 to 30 September 2023 period) by the Australian Bureau of Statistics.

Landlords and tenants should check their leases to see if a rent review CPI adjustment is required using the CPI number for the September 2023 quarter.

For more information about the CPI figures, see the Australian Bureau of Statistics website.

For further details in relation to rent reviews, see our guidance on Rent review for non-retail leases, Rent review for retail leases, Leases – Checklist for conducting a rent review in accordance with the Consumer Price Index (CPI) , and Leases – Acting for landlord – Checklist before entering into and finalising a commercial or retail lease.

NSW: Dutiable dealings changes to commence on 28 October 2023

Date: 25 October 2023
Source: NSW Land Registry Services

Abstract:

From 28 October 2023 it will become necessary for Revenue NSW to assess the duty on a number of dealings lodged with NSW Land Registry Services (NSW LRS).

Electronic versions of the Transfer Creating a Profit a’ Prendre and Transfer Creating a Forestry Right have been enhanced to allow assessment within the electronic workspace.

For further information on how to complete the updated electronic dealings, see the NSW LRS website.

WA: Land tax exemptions to be extended for homeowners building new homes

Date: 25 October 2023
Source: WA Government and RevenueWA

Abstract:

The WA Government has announced changes in the form of a temporary extension to the 2 year land tax exemptions offered to homeowners when building a new home or refurbishing their principal place of residence.

Homeowners who commenced constructing their new home between 1 July 2020 and 30 June 2023 will have a longer timeframe to complete the construction and will not be liable to pay land tax.

Eligible homeowners not being provided with an exemption for another home may now receive an exemption for:

  • the first 3 years that their home is being built; and
  • an added 4th year under exceptional conditions including when a builder goes into liquidation.

Additionally, eligible homeowners being provided with an exemption for a second home:

  • don’t need to repay 2 years land tax if construction of their home hasn’t been completed; and
  • could receive an exemption for an added 3rd year under exceptional situations beyond their control, such as labour and material delays.

For further information see the WA Government website and the RevenueWA Land Tax Fact Sheet – Private Residences.

NSW: Concession change for unoccupied land that an owner intends to be their principal place of residence

Date: 19 October 2023
Source: Revenue NSW

Abstract:

From 1 July 2023 a concession change permits an extension to the period for which unoccupied land may be treated as an owner’s principal place of residence.

An owner of unoccupied land is able to claim the concession on the land as their principal place of residence for up to 6 years (from 4 land tax years previously) once building works are finished and meet the following criteria:

  • the owner intends to build on or is building on the unoccupied land intending its use as their principal place of residence;
  • if the building works started have not generated any income from the use and occupation of the land; and
  • the intended use and occupation of the land is not illegal.

The Chief Commissioner may extend the concession as follows:

  • where there has been a delay in building works completion;
  • there are extraordinary circumstances beyond the owner’s control that have caused the delay; and
  • the owner was unable to reasonably avoid the delay.

Read the Commissioner’s Practice Note here.

NHFIC releases report on the trends and insights of the Home Guarantee Scheme

Date: 19 October 2023
Source: Housing Australia

Abstract:

The NHFIC has released a report revealing the Australian Government’s expanded Home Guarantee Scheme has assisted 41,700 Australians in buying a new home in 2022-2023.

The key points of the report include:

  • Over 32,500 guarantees were issued in 2022-2023, up around 39% compared to 2021-2022;
  • 10,860 guarantees were issued to regional home buyers;
  • There was been an increase in younger home buyers under the age of 30 taking up 1 in 2 places under the Home Guarantee Scheme’s First Home Buyer Guarantee and Regional First Home Buyer Guarantee; and
  • Demand for the Scheme has been strongest in QLD, around 25%, with 20% in NSW, while WA has also shown robust demand

Read the full report here.

For guidance on the Home Guarantee Scheme, see our Latest Legal Update on 3 May 2023.

State Taxation Acts and Other Acts Amendment Bill 2023 (Victoria)

Date: 6 October 2023
Source: Victorian Legislatio
Jurisdiction: Victoria

Abstract:

The State Taxation Acts and Other Acts Amendment Bill 2023 (Bill) was introduced to the Victorian Legislative Assembly on 4 October 2023. The Bill, if passed, will have significant implications for property transactions across Victoria.

The Bill proposes to amend the Duties Act 2000, the First Home Owner Grant and Home Buyer Schemes Act 2000, the Land Tax Act 2005, the Local Government Act 1989, the Property Law Act 1958, the Sale of Land Act 1962, the Treasury Corporation of Victoria Act 1992, the Valuation of Land Act 1960 and the Windfall Gains Tax Act 2021.

The Bill amends the Property Law Act 1958 in relation to the apportionment of taxes under a contract of sale of land. The Bill also amends the Sale of Land Act 1962 to -

  • prohibit the apportionment of land tax between a vendor and purchaser under a contract of sale of land;
  • prohibit the apportionment of an existing windfall gains tax liability between a vendor and purchaser under a contract of sale of land or option to enter into a contract of sale of land.

WA: have your say on ARNECCs draft version 7.2 of the Model Operating Requirements before 31 October 2023

Date: 5 October 2023
Source: Landgate

Abstract:

The public is being invited to have their say on the Australian Registrars National Electronic Conveyancing Council (ARNECC)s draft version 7.2 of the Model Operating Requirements. The consultation period closes on 31 October 2023.

The Model Operating Requirements are a major factor for establishing the interoperability structure. ARNECC has updated the Model Operating Requirements to assist interoperability by working with the interoperability program and consulting with the industry.

For ARNECCs earlier consultation for Model Operating Requirements draft version 7.1, see Feedback – ARNECC.

The public has until Tuesday 31 October 2023 to submit their feedback.

Feedback may be submitted by email to chair@arnecc.gov.au.

For further information see the Landgate website.

For more information generally on e-conveyancing, see the E-conveyancing Subtopic.

SA: New Designated Survey Areas to commence on 7 December 2023, latest version of Cadastral Survey Guidelines and Office of the Surveyor-General website upgrade

Date: 5 October 2023
Source: Land Services SA

Abstract:

On 7 December 2023 ten new Designated Survey Areas (DSAs) will commence operating. For more details about the new DSAs see the Rack Plan 1509 on the SAILIS portal. The DSA layer will become available through the South Australian Property and Planning Atlas (SAPPA) in a few weeks.

The latest version 6.0 of the Cadastral Survey Guidelines is now available. Amendments include:

  • an attachment declaration of the ten new DSAs 566-575; and
  • a revised definition of ‘no material differences’

The Office of the Surveyor-General website has been upgraded allowing users to update their bookmarks along with shortcuts to the upgraded site.

For further information see the Land Services SA website.

NSW: New sustainable building obligations commence for residential and non-residential development

Date: 4 October 2023
Source: NSW Government

Abstract:

On 1 October 2023, new Building Sustainability Index (BASIX) obligations commenced for residential and non-residential development offering improved measures to attain the required new energy standards.

BASIX standards were established in 2004 for improved energy and thermal efficiency in residential and non-residential buildings. The Sustainable Building State Environment Planning Policy (SEPP) allows developers and homeowners greater building standards options.

Among the new changes:

  • increasing thermal performance standards to a 7 star rating in accordance with the Nationwide House Energy Rating Scheme (NatHERS);
  • raising emission reduction obligations by 7 to 11% based on the dwelling type, size and location; and
  • compulsory building material emissions assessment and reporting on new residential and non-residential buildings (see the Department of Planning and Environment Embodied Emissions Technical Note for more information).

The new changes will result in reduced energy bills for residential and non-residential development.

Contracts for new homes prior to 1 October 2023 will be exempt from the new BASIX requirements until 30 June 2024. For more details see the Department of Planning and Environment transitional arrangements for generating a BASIX certificate fact sheet.

WA – E-conveyancing hub set to launch making expanded Electronic Transfer documents available from 9 October 2023

Date: 28 September 2023
Source: Landgate

Abstract:

The first stage of the e-conveyancing network is set to launch on 9 October 2023. Landgate along with Revenue WA and the Electronic Lodgment Network Operators (ELNOs) have developed the e-conveyancing hub.

From 9 October 2023 expanded Transfer documents can be lodged electronically through the e-conveyancing network.

The Transfer documents that are eligible to be lodged digitally will include Certificates of Title in which there is already a registered ownership in a executor, administrator or trustee in bankruptcy capacity.

Stage two of the e-conveyancing network will further expand the eligibility of Transfer documents for electronic lodgment.

For the latest eligible duty transactions list for e-conveyancing, see Revenue WA’s Lodge documents using eConveyancing details page.

For further information relating to the impending changes, see the Landgate website.

NSW 2023-2024 State Budget – tax increases, duty and exemptions changes

Date: 26 September 2023
Source: NSW Government and Revenue NSW

Abstract:

The New South Wales 2023-24 State Budget has announced tax increases, duty and exemptions changes that are set to be implemented once the Treasury and Revenue Legislation Amendment Bill 2023 has passed.

Most of the measures announced in the State Budget will commence on 1 February 2024.

The introduction of the Treasury and Revenue Legislation Amendment Bill 2023, will amend the following legislation:

  • Duties Act 1997;
  • Land Tax Management Act 1956; and
  • Taxation Administration Act 1996.

Duties Act 1997 changes include:

  • Stamp duty - Landholder duty adjustment on the acquisition of a ‘significant interest’ in a private unit trust, reducing the threshold from 50% to 20% which is in line with Victoria
  • Stamp duty – Fixed or nominal duty fee increases such as
    • duty on transfers in accordance with contracts for the sale and purchase of land in NSW where the minimum duty amount is to increase from $10 to $20;
    • some nominal duties (including property vesting in an apparent purchaser, change of trustee, and property passing to beneficiaries) are to increase from $50 to $100;

Victorian Housing Statement flags significant reforms to rental laws

Date: 20 September 2023
Source: Victoria Government website | Victoria’s Housing Statement

Abstract:

Premier Daniel Andrews released Victoria’s Housing Statement 2024-2034, flagging significant reforms to rental laws in Victoria.

The reforms will require legislative change. The reforms are expected to:

  • Restrict rent increases between successive fixed-term rental agreements. This proposed reform would disincentivise landlords from evicting tenants at the end of their first fixed-term lease in order re-list the property at a higher rent. Where a property is re-listed after a landlord has evicted a previous tenant on their first fixed-term lease, the property must be re-listed at the same rent for at least 12 months.
  • Ban all types of rental bidding. This ban will prevent renters from making unsolicited offers above the advertised rental. It would be an offence to accept a rental bid and would introduce new or higher penalties for agents and landlords who breach the rental bidding bans.
  • Establish a new entity called ‘Rental Dispute Resolution Victoria’ which would be empowered to resolve tenancy disputes over rent, damages, repairs and bonds, taking those matters out of the purview of VCAT.

NSW — Revenue, Fines and Other Legislation Amendment Act 2023 (NSW)

Date: 19 September 2023
Source: New South Wales Government
Jurisdiction: New South Wales

Abstract:

On 4 September 2023 the Revenue, Fines and Other Legislation Amendment Act 2023 (NSW) commenced.

The Act has made amendments to numerous legislation, as well as legislation most relevant to property matters, including the Duties Act 1997 and Taxation Administration Act 1996.

Among the changes to the Duties Act 1997:

  • Section 12(4)(b) has been added to clarify that if an electronic instrument has not been signed, it is deemed first signed when Revenue NSW receives information regarding the instrument;
  • Section 25(1)(a) has been deleted removing the 12 month time limit for dutiable transactions to occur to be viewed as a single transaction for the purposes of aggregation;
  • Section 31(3) has been added to clarify that duty will be calculated at the time the agreement was first signed when there is a change in the purchases price;
  • Section 54A(7) has been amended in relation to transfer concessions when a managed investment scheme is deregistered, so that a $50 concessional rate will be payable;

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