There is a requirement in the Planning Act 2016 (Qld) (Planning Act) for developers to obtain land owner’s consent prior to making development applications for a material change of use or reconfiguring a lot. There is a separate requirement in section 65 of the...
By Paul O'Dea and Nerida Whelan Earlier this year the Queensland parliament passed the Building and other Legislation (Cladding) Amendment Regulation 2018 (Qld), amending the Building Regulation 2006 (Qld) ("Regulation"), which will come into force on 1 October 2018....
Developers and foreign investors should be aware that in response to the recent Queensland State Budget there will be an increased stamp duty surcharge on foreign buyers for the acquisition of residential property, under the Duties Act 2001, from 1 July 2018. The...
The recent case of FKP Commercial Developments Pty Ltd (“FKP”) v Albion Mill FCP Pty Ltd (“Albion Mill”) has highlighted that when disposing of “contaminated land” in Queensland that vendors should be clear and unequivocal when constructing and serving the relevant...
In November 2017 we released an update about draft Federal legislation proposing to shift the responsibility for paying GST on new residential premises from Developers to Purchasers (“GST Withholding law”). These amendments have now passed through parliament. The...
We are pleased to announce that our Property & Projects team, in particular, our Partners Paul O’Dea and Steven Cardell, have been featured in Doyle’s Guide among Queensland’s leading property law lawyers for 2018 in the following categories: Recommended Leading...
Often a land owner or developer will need capital or funding of a development and they will look for an investor to come on board as a joint venture partner to fund the development and share any profits. This was the case in the New South Wales Supreme Court decision...
By Tim Ferrier, Consultant and Karissa Andrejic, Associate THE FEDERAL GOVERNMENT ANNOUNCES NEW FIRB ASSESSMENTS RULES On 1 February 2018 the Federal Government announced it will be introducing new rules in cases where the Foreign Investment Review Board (“FIRB”)...
The Federal Government has recently released draft legislation that will shift responsibility for paying GST on new residential premises from developers to purchasers. The proposed legislation is being introduced to target ‘phoenix operators’, who collect GST from...
Since October 2016, all foreign buyers and developers are subject to a 3% stamp duty surcharge on the acquisition of residential property in Queensland known as Additional Foreign Acquirer Duty (AFAD). The Commissioner has now updated conditions under which ex gratia...
On 7 September 2017, the Treasury Laws Amendment (Housing Tax Integrity) Bill 2017 was introduced in the House of Representatives as a measure to address housing affordability issues. A key component of this legislation is the implementation of an annual...
THE CHANGES Australian and foreign residents should be aware that as of 1 July 2017, the government has introduced changes to the Foreign Resident Capital Gains Withholding (“FRCGW”) tax rate and threshold. With an intention to crack down on foreign investors evading...