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Land Tax Amendments – Are you prepared? - Sep 2019

The South Australian Government has defiantly issued its Land Tax (Miscellaneous) Amendment Bill 2019 (Bill) for consultation manifesting a clear intent on the part of the Government to shut what some members of the Government have labelled “loopholes”, alter the way land tax is aggregated and introduce new bases for taxing certain types of trusts.

Standing the test of time: Top Ten Tips for Project Development Agreements - Aug 2019

Project Development Agreements (PDAs) are often used in urban regeneration and other development projects; they allow the government landowner to keep control of the precinct development and allow the developer to defer payment and land acquisition. Their implementation over the project lifecycle means that clauses will be tested, as will the relationship between the parties. It is important that the PDA is carefully negotiated and drafted to avoid pitfalls during project implementation.

Partner, Margot King, and Senior Associate, Sam Gou, set out their top ten PDA tips.

Proposed changes to South Australia’s retail lease legislation - Aug 2019

The Marshall Government has recently proposed a number of significant changes to the legislation which regulates the retail and commercial property sector in South Australia.

On 3 July 2019, the Honourable Vicki Chapman (Deputy Premier and Attorney General) introduced into Parliament and moved the second reading of the Retail and Commercial Leases (Miscellaneous Amendment Bill) 2019 (SA) (Bill). The Bill proposes a number of substantive amendments to the Retail and Commercial Leases Act 1995 (SA) (Retail Act).

The Bill incorporates and builds on the previous iteration of the legislation introduced into Parliament by the former Wetherill Government, which subsequently lapsed when Parliament was prorogued prior to the State election in 2018.

Matthew Curran, Senior Associate, examines the proposed amendments to the Retail Act and the impact that such changes are likely to have on the property sector in South Australia. 

Land Tax Changes - South Australia - Jul 2019

The Marshall Liberal Government in South Australia (State Government) announced as part of its 2019/20 budget measures to change the aggregation principles in the Land Tax Act 1936 (SA) (Act). These budget measures have been the subject of significant political discourse and discontent amongst the investment and development community.

Adam Rinaldi, Partner, advises as to the proposed scope of the budget measures and its prospective impact on investors and developers in South Australia.

Mandatory buy-backs of units by operators in strata schemes - Jul 2019

Important legal changes requiring mandatory buy-backs of retirement village units in strata schemes

This article originally featured in the Strata Community Association (Qld) June 2019 alert

Landcom reports on feasibility of Build-to-Rent projects - Jul 2019

A recent report by Landcom Build-to-Rent in Australia: Product feasibility and potential affordable housing contribution(July 2019) looks at the feasibility of build-to-rent (BtR) developments in light of current market conditions and policy settings.  Recent changes to tax treatment of income from Managed Investment Trusts (MIT) is likely to have a significant impact for foreign investors. 

Partner, Margot King and Senior Associate, Samantha Gou review the highlights of that report and the MIT changes.

The 2018 Security of Payment Amendments arise from the Dead! - May 2019

After falling victim to the NSW election caretaker period, the 2018 Security of Payment amendments have risen from the dead, with the corporate veil to be drawn back faster than previously telegraphed. 

Landlords and tenants getting hot under the collar over air conditioning - May 2019

Tenants of commercial premises in Australia rely heavily upon the use of air conditioners to ensure their comfort, health and safety whilst at  work. In a previous decision, the Victorian Civil and Administrative Tribunal found that a landlord’s failure to repair an air conditioning unit amounted to a repudiation of a lease by the landlord thus allowing the tenant to terminate the lease.  This decision has now been reversed by the Supreme Court of Victoria.  

Judd Last, Partner considers the decision of Pepper Property Group Pty Ltd v S 3 Sth Melb Pty Ltd [2019] VSC 41.

Major Reforms for Natural Resources Proposed Under the New 'Landscape South Australia Bill 2019' - Mar 2019

Landscape South Australia Bill 2019 to repeal the Natural Resources Management Act 2004.

The Bill aims for greater community involvement in natural resource management and the recognition of climate change impacts on the environment.

Kathryn Walker, Partner, and Kerri Hooper, Law Graduate, discuss the key points of the Landscape South Australia Bill 2019.

Exercising an option out of time – tips for landlords - Mar 2019

An option to renew or extend a lease for a further term is a common feature in retail and commercial leases. Options usually require the tenant to provide the landlord with written notice requesting the renewal within a prescribed timeframe. Generally, if the tenant issues the notice within the prescribe timeframe and complies with any other conditions pertaining to the exercise of the option, the tenant will be entitled to a renewal of the lease for the relevant option period. Partner Adam Rinaldi discusses. 

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