<html><body>
A boutique office building in North Sydney belonging to Property Bank Australia and Security Capital Corporation is on the market.
The <a href="https://www.realcommercial.com.au/property-offices-nsw-north+sydney-502573538" target="_blank">75 Miller Street</a> property is being marketed by Knight Frank’s Tyler Talbot and Dominic Ong along with CI Australia’s Bevan Kenny and Chris Veitch.
The vendor expectations are in the range of $50 million, Fairfax Media added.
Talbot said the asset, which is almost fully leased, is well placed to capture future growth in the sought after North Sydney market and will appeal to both local and offshore buyers.
“We are seeing a great deal of growth in North Sydney’s secondary office space, with further stock withdrawals tightening supply and dramatically increasing net effective rental returns for investors," he said.
Knight Frank research forecasts an average of 10.36% net effective rental growth per annum over the next three years for North Sydney B-grade stock.
Situated on 777 sqm of land area, 75 Miller Street spans 4,930 sqm and is a fully-refurbished boutique asset.
The property features multiple subdivision options and captures harbour views.
It is close to public transport and its onsite amenities includes a ground-floor café, gym and childcare centre.
The property is being marketed through an expressions of interest campaign that ended on October 26.
 
 
</body></html>

j.ballantyne1990-6AQqhLzZaK

North Sydney office building listed for sale with $50 million hopes

<html><body>
In McGrath v Mestousis [2017] NSWSC 995, the Supreme Court of New South Wales, considered a case where the plaintiffs, under s 88K Conveyancing Act 1919 (NSW), sought imposition of an easement for storm water drainage over the defendant’s property, contending that the easement was necessary for them to develop a home unit on their land.
By considering similar developments around Sydney, Council approval and the placement of the easement, the Court ultimately used their discretionary power to grant an easement in favour of the plaintiffs over the defendant’s property.
The plaintiffs were the owners of a property at 32 Darwin Street, West Ryde, and they brought an application under s 88K of the Conveyancing Act 1919 (NSW) for the imposition of an easement for stormwater drainage over a property at 31 Huxley Street, West Ryde, owned by the defendant.
The plaintiffs contended that the easement was necessary to enable them to carry out a home unit development on their land.
The easement was opposed by the defendant.
The Supreme Court identified that the principal matters of factual controversy between the parties concerned the construction that would be involved in installing the drainage pipe in the proposed easement and the various risks and inconveniences involved with such a construction, such as damage to the defendants existing improvements and the likelihood of lengthy and significant disruption.
The Court referred to s 88K of the Conveyancing Act 1919 (NSW), which outlines the fundamental concept of whether an easement sought should be granted.
The requirement to grant an easement is whether the easement sought to be imposed is reasonably necessary for the effective use or development of the land that will have the benefit of it.
The Court was satisfied that the proposed easement was indeed ‘reasonably necessary’ for the effective use or development of the plaintiffs’ property.
The plaintiffs had obtained Council consent to the development, the development had been approved in accordance with applicable planning laws, and the plaintiffs had demonstrated that alternative methods of dealing with the storm water would be unlikely to meet the Council requirements.
An expert witness, having explored various alternative routes for an easement to drain storm water from the plaintiffs proposed development, found the route through the defendants property was the most reasonable option.
Furthermore, the Court considered the effect of the grant of the easement on the defendant’s property and found that the use of the easement itself was unlikely to have any significant effect on the defendant’s use of the property.
The defendant contended that the construction of the easement would cause significant damage and disruption to the property.
The Court accepted while there would be a risk of damage being caused during construction, they did not consider that the degree of disruption or inconvenience would likely be so severe as to require the defendant’s family to move out of the property whilst the works proceeded.
The Court held that the easement would not negatively impact the defendant’s use and enjoyment of the property and the Court ordered that the defendant be compensated for any economic effects and any diminution in value of the property.
This case is a reminder of the Court’s discretionary ability to impose easements under s 88K of the Conveyancing Act 1919 (NSW) if they consider the easement ‘reasonably necessary’ for the land’s proposed use or development.
In their consideration of what is considered ‘reasonably necessary’ the Court considered the fact that the plaintiff’s proposed development was of a type commonly seen throughout Sydney and that it had been approved by the local Council.
This case shows that the Court has a favourable view of Council approval in its consideration of what is ‘reasonably necessary’, and further is open to interpret the meaning of ‘reasonably necessary’ by taking into account the current landscape and common developments throughout the city.
Tresscox Partner Gary Newton and Law Clerk Henry Yuan.
To read the original article <a href="https://www.tresscox.com.au/page/our-news/caseflash/what-is-reasonably-necessary-for-the-court-to-make-an-order-imposing-an-easement/" target="_blank">click here.</a>
</body></html>

What is 'reasonably necessary' for the court to make an order imposing an easement?

<html><body>
Savills have prepared charts on major retail development analysis across Australia.
It shows stock under construction and national development by retail type.
<a href="https://www.propertyobserver.com.au/images/2017/10/27/Retail-Construction.png" target="_blank">Click to enlarge</a>
<img src="https://www.urban.com.au/images/2017/10/27/Retail-Construction.png" alt="">
<a href="https://www.propertyobserver.com.au/images/2017/10/27/Retail-Dev.png" target="_blank">Click to enlarge</a>
<img src="https://www.urban.com.au/images/2017/10/27/Retail-Dev.png" alt=""> 
</body></html>

Major Australian retail development analysis: Savills

<html><body>
<div>A private syndicate has bought Nissan’s Melbourne headquarters for $35 million.</div>
<div> </div>
<div>The 11 ha industrial Dandenong South offering was sold through CBRE’s David Aiello and Stephen Adgemis who negotiated the sale after more than 80 enquiries.</div>
<div> </div>
<div>The <a href="https://www.realcommercial.com.au/property-industrial+warehouse-vic-dandenong+south-502370698" target="_blank">260-270 Frankston-Dandenong Road</a> site accommodates Nissan’s corporate office and parts warehousing operations.</div>
<div> </div>
<div>Nissan plan to secure a new Australian corporate head office.</div>
<div> </div>
<div>Nissan Australia chief financial officer Stephen Hope signalled their upcoming relocation of the parts warehouse facility to Truganina.</div>
<div> </div>
<div><img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2017/10/27/Nissan-2.jpg" alt=""></div>
</body></html>

Nissan's Dandenong South headquarters sold for $35 million

<html><body>
Camberwell is the busiest individual suburb for auctions across the nation this week, with 27 residential homes set to go under the hammer, followed by Reservoir (25), South Yarra (23) and Craigieburn (22) all of which are in Victoria. 
Camberwell's offerings include <a href="https://www.realestate.com.au/property-house-vic-camberwell-126531382" target="_blank">a two bedroom Californian bungalow</a> on a 697 sq m Athelstan Road block with $2 million to $2.2 million hopes.
The combined capital cities are expected to see a surge in auction activity this week, with 3,451 homes scheduled to go under the hammer; this is an increase of 37 per cent when compared to last week’s final results which saw 2,519 properties taken to auction, CoreLogic advise. 
The last time volumes reached a similar level was the pre-Easter week ending the 9 April this year when final figures saw 3,517 auctions held across the capitals. 
While these counts are preliminary, as the week progresses and results are collected, the number of homes taken to auction tends to revise up, which means that it’s likely this week will not only supersede April figures, but also surpass the peak in volumes recorded over the week ending 20 March 2016 (3,540).
Melbourne is set to see the most notable increase in activity this week, with volumes expected to rise by 48 per cent on last week’s figures; with 1,846 Melbourne homes scheduled to go to auction, increasing from the 1,251 held last week. The highest volume of auctions on record for Melbourne was recorded over the week ending 29 Nov 15 (1,876), so this week may very well overtake that record.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2017/10/26/Auctions.jpg" alt="" style="font-size: 12.16px;">
The REIv also think the Victorian property market is gearing up for what could be the biggest auction weekend in the state’s history with the REIV counting around 1,900 homes expected to go under the hammer this weekend. 
They had the previous record for auctions held in a single weekend was set in November 2015 when 1,712 auctions were held. 
The REIV suggest a remarkable 1,826 auctions are scheduled for this Saturday alone with around 75 auctions being held on Sunday, including the five Block properties.
Across Australia’s other largest capital city, Sydney volumes are set to increase to a lesser extent with 1,144 properties scheduled to go to auction this week, rising by 39 per cent from last week’s 823 auctions, making it the third busiest week for auctions for the city so far this year.
Across the remaining auction markets, activity is expected to fall across all of the smaller capital cities with the exception of Canberra where more auctions are scheduled this week.
Last week, the final auction clearance rate across the combined capital cities fell to 64.7 per cent across 2,519 auctions, decreasing from the 67.1 per cent across a slightly higher 2,525 auctions the week prior. Compared to one year ago, the clearance rate was a significantly higher 78.1 per cent, while volumes were slightly higher (2,680).
Across Melbourne, auction volumes rose with 1,251 held, however final figures saw the clearance rate drop to 70.3 per cent, down from the week prior when 73.2 per cent of the 1,223 auctions cleared. In Sydney, the final auction clearance rate fell to 61.3 per cent last week, from 63.3 per cent the previous week across a lower volume of auctions, with 823 auctions held across the city, decreasing from 928 the week prior.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2017/10/26/Auctionresults.jpg" alt="">
Across the smaller auction markets, clearance rates improved in Brisbane and Tasmania, while Adelaide, Canberra and Perth all recorded lower clearance rates. 
Geelong was the best performing non-capital city region last week, with 68.8 per cent of the 44 auctions successful. However, the Hunter region was host to the highest number of auctions (49).
</body></html>

Camberwell headlines near-record Super Saturday Melbourne auction offerings

<html><body>
ASIC has permanently banned Victorian director Ermelia Suzanne Snoeks from engaging in credit activities and from providing financial services.
This followed an ASIC investigation that found Ms Snoeks:
<ul>
<li>failed to disclose a past criminal conviction in an application for an Australian credit licence by NBG Financial Pty Ltd (NBG), a company for which Ms Snoeks is the director;</li>
<li>lodged a false document in support of her being a fit and proper person in NBG's Australian credit licence application;</li>
<li>had previously been involved in false correspondence misrepresenting the fate of monies and in respect of her purportedly being legally represented; and</li>
<li>failed to disclose in an annual compliance certificate that NBG has ceased to be a member of an external dispute resolution scheme.</li>
</ul>
It was therefore determined that Ms Snoeks had contravened credit legislation and was not a fit and proper person to engage in credit activities or provide financial services to consumers.
NBG held an Australian credit licence between March 2011 and September 2016.
ASIC Deputy Chairman Peter Kell said, 'We expect information in support of a credit or financial services licence application to be truthful and contain all relevant material for us to assess an applicant's suitability to be authorised.  'Anyone who provides information that is false and incomplete, and designed to circumvent the safeguards in the licensing process, shows blatant disregard for the law. We will take steps to remove such a person from the industry'.
Ms Snoeks has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC’s decision.
</body></html>

Victorian mortgage broker banned for past failures

<html><body>
GUEST OBSERVER
Reforming pharmacy services and the role of pharmacists is one of the recommendations made in a five-year review of the nation’s productivity, released yesterday. The Productivity Commission’s report, Shifting the Dial, highlights community-based pharmacy as a “significant unnecessary cost to the nation” and asks whether automated dispensing machines could replace pharmacists.
In recent years, community pharmacy profit margins have eroded as warehouse-style pharmacies offer lower prices and supermarkets and other retailers sell more non-scheduled medicines and complementary medicines. Some smaller pharmacy operators have questioned their viability and report feeling under threat. A number of pharmacists have already left the industry in anticipation of further pressures.
The Shifting the Dial report argues pharmacists are constrained in offering quality health outcomes: "the availability of unproven and sometimes harmful medical products and confectionery at the front of the pharmacy is not reconcilable with an evidence-based clinical function at the back."
The Productivity Commission’s answer is automatic dispensing machines, supervised by a “suitably qualified person”. Along with the machines, pharmacists would play a “new remunerated collaborative role with other primary health professionals” where cost-effective.
These changes would mean there would be less need for the current 20,000 pharmacists around the country.
Automated dispensing
The idea of using robots to dispense drugs is not a new one, either in Australia or internationally. Automated dispensing devices have been used widely in hospitals around the world since the mid-1990s as a way of reducing medication errors, improving patient safety and decreasing costs. Over the last decade these devices have expanded into community pharmacy settings as financial pressures have driven the search for efficiencies.
Automated systems can reduce the error rate in dispensing medicines, but they introduce different types of errors into the system. Entering prescription details wrongly or not loading the machine correctly can have significant impacts.
Automated systems are expensive to buy so may not be cheaper over the short term, particularly when we consider the average wage for pharmacists is relatively modest. A recent government report notes: "[in] Australia, pharmacy graduates had the lowest starting salary of all industries requiring higher education training."
Given the investments required to buy automated machines it may be that not all local pharmacies have these. We may see the emergence of a hub and spoke model. This involves prescriptions coming into pharmacies, being sent electronically to a centralised dispensing hub and then returned to the pharmacy to dispense. This can be done either in person or via courier delivery.
This type of model is argued to be cheaper than the conventional system as it requires fewer pharmacists to run overall.
In the UK there’s been pressure for community pharmacies to increasingly embrace automation for some time now. It’s well known their National Health Service has significant budgetary challenges and is looking for ways to save money. Plans to cut costs in pharmacy alongside commercial pressures from large chain providers, supermarkets and online prescription providers are predicted to cause the closure of up to a quarter of pharmacies.
This has, unsurprisingly, been met by significant resistance from the pharmacy profession as it challenges the existence of some jobs and will mean a move for others. But there’s good reason for others to be worried about these changes in terms of the impact on the broader health system.
The importance of pharmacists to the health system
Community pharmacists provide a number of functions that go beyond simply dispensing medications. In recent years we’ve seen pharmacists move away from just being those who fill our prescriptions, to people with a large amount of clinical knowledge who can advise how to take medicines safely and how to manage chronic conditions.
As increasing numbers of people experience chronic illness and take multiple forms of medicines. Advice on how to do this in a safe and manageable way is crucial. Pharmacists are also probably one of the more accessible parts of the health system. Many of us will have sought advice from a pharmacist about how to manage an injury or illness, or what to do with a sick child if we can’t access a GP.
We’re seeing increasing calls to embed pharmacists in primary care teams to help better manage chronic disease. With growing numbers of individuals living with chronic disease and taking medication, pharmacists can play an important role in educating and advising on medication management.
This could improve medication use for consumers and reduce errors for those with chronic disease. Making greater use of pharmacists could reduce demand for GPs and other more expensive health professionals. For over a decade, pharmacists in the UK have been able to complete additional training that allows them to prescribe medication, helping to address shortfalls in the GP workforce.
Although the Productivity Commission report envisages a new role for a smaller pharmacy workforce, there’s little detail on what this might look like. And it underestimates the role pharmacists play in the broader health system.
<img src="https://counter.theconversation.com/content/86231/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1">If the changes outlined in the commission’s report are realised you might have your prescriptions dispensed by a robot in the future. But, it’s unlikely this will make a huge impact on the overall efficiency of the health system, and we would lose some of our most accessible clinical professionals in the process.
Helen Dickinson, Associate Professor, Public Service Research Group, UNSW
This article was originally published on <a href="https://theconversation.com" target="_blank">The Conversation</a>. Read the <a href="https://theconversation.com/replacing-pharmacists-with-robots-isnt-the-answer-to-better-productivity-86231" target="_blank">original article</a>.
</body></html>

Replacing pharmacists with robots isn't the answer to better productivity: Helen Dickinson

<html><body>
Omro, a period home in Kew, sold under the hammer last weekend for $2,425,000.
Five bidders competed for the 1910 Edwardian mansion, which was once home to the Mayor of Kew. 
The four-bedroom house with a spa at <a href="https://www.realestate.com.au/sold/property-house-vic-kew-126503290" target="_blank">230 Cotham Road</a>, on the corner of Davis Street, secured $125,000 above reserve.
The Edwardian home sits in the exclusive Sackville Ward precinct.
It has four bedrooms plus spacious study.
The living area features high ornate ceilings.
Jellis Craig agent Alastair Craig said a young family, who were overseas, won the keys with its school zone status a big attraction.
</body></html>

Former Kew mayor's home sold under the hammer

<html><body>
GUEST OBSERVER
Two social trends that pose imminent challenges – and require policy responses – to sustainable futures in our cities are the rise of single-person households and homelessness.
One in four Australians live alone, either voluntarily or circumstantially. The ageing population is one factor. The rise of younger people choosing to live alone is another, and it’s historically and distinctively a new phenomenon.
The number of pension-aged people living alone has grown because that population itself has increased. However, the number of younger people living alone has grown in proportion to multi-adult households of working age in Australia and across the globe. We still have very limited understanding of this latter group.
The proportion of single-person households is expected to grow to 30-40% or more of households in most developed countries, including Australia, by 2030. At the same time, more people are dying alone.
Evidence suggests that these trends have significant health, sociocultural, economic and environmental implications. Japan, where these trends are further advanced, is already having to deal with these.
Lessons from Japan
Kodokushi (lonely death), genkai shuraku (village on the edge of extinction) and chihotoshi shometsu (the disappearance of regional towns) are major problems in Japan today. New services are emerging in Japan to cater to the needs of people who live alone. For example, one service plans and carries out the cleaning of someone’s home should they die alone.
For this reason, Japan is referred to as kadai senshin koku (frontier in solving global problems). Australia will soon need to face these problems too.
Digital and networked technologies, especially artificial intelligence and robots, are being explored as support mechanisms in homes, care homes and hospitals. Increasingly, though, the crucial role of human creativity and connection in care is becoming evident.
In neighbouring South Korea, cultural trends like mukbang (eat-casting) are said to have their origins in “the loneliness of unmarried or uncoupled Koreans, in addition to the inherently social aspect of eating in Korea”.
In this case, technologies are being used even to jeopardise people’s health, as individual “BJs” (Broadcasting Jockeys) are paid to broadcast themselves eating – often excessively – while interacting with their audience. Many of them are also eating alone while watching the show.
Problems associated with living alone will have an even more damaging impact on those without homes. In Australia, one in 200 people are homeless. Most of them are people under 35 or, increasingly, women over 55.
We must acknowledge the diversity of the homeless population, and the different factors that cause and sustain the experiences of living alone or being homeless. Such diversity will increase with the growing number of single-person households, income inequality, broader participation in the gig economy, and loss of jobs to automation.
What role for government?
Policy and regulatory measures to decrease housing prices will help. Australia ranks high for unaffordable housing among OECD nations.
The government could also play a central role in enabling collaboration among diverse stakeholders to seek new ways of creating and applying knowledge. This could be used to ask and answer difficult questions about even some of the most widely accepted concepts, like what is “home” for those living alone and homeless.
The answers should then guide us as we create data, tools and systems for care and with care.
It will be critical to ensure the focus is not predominantly driven by a technocentric vision. We need to consider the sociocultural implications that existing and often celebrated technocratic discourses – around smart cities, for instance – might have.
To avoid a technocratically determined fate, we must develop diverse and enduring narratives of Australian cities. This requires what this year’s Boyer lecturer, Genevieve Bell, might call a “bolshie” move. Part of that could involve bringing together interests and capacities across the public, private, community and research sectors to place urban futures as a key intellectual and social agenda.
We need comprehensive, transdisciplinary research and development for short to long-term goals. This must include ambitious innovation in research and practice, supported by new and emerging technologies, but most importantly, creative engagements beyond the usual suspects. This cannot be gesticulatory “co-design” workshops that are exclusive to certain participants.
Instead, we need inclusive engagement to produce new kinds of knowledge relevant to complex present and future urban conditions.
The Australian government’s role in the future development of cities should not be about cleaning up the technological hubris or proliferation of “feral” technologies that we’re generating. Rather, it should be about building individual and communities’ capacity to question and co-create “the wisdom or propriety of a particular developmental direction” of Australian cities.
This article draws on the author’s submission to the <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/House/ITC/DevelopmentofCities" target="_blank">parliamentary inquiry into the Australian government’s role in the development of cities</a>.
Jaz Hee-jeong Choi is senior lecturer in design at Queensland University of Technology
This article was originally published on <a href="https://theconversation.com" target="_blank">The Conversation</a>. Read the <a href="https://theconversation.com/we-are-living-alone-together-in-todays-cities-and-that-calls-for-smart-and-bolshie-moves-85318" target="_blank">original article</a>.
</body></html>

We are living alone together in today's cities: Jaz Hee-jeong Choi

<html><body>
GUEST OBSERVER
On 11 September 2017, the NSW Court of Appeal entered final orders allowing the appeal of a District Court judgment that had found against a managing agent of a residential property, in favour of its owners and tenant, as to liability to various people injured when the property's balcony collapsed.
The decision confirms that:
<ul>
<li>appointing a managing agent to manage residential rental premises will not necessarily be a defence to a claim for personal injury damages;</li>
<li>an entitlement to a contractual indemnity may be reduced by reason of that party's contributory negligence;</li>
<li>a tenant who is on notice of a risk of harm may be found liable to lawful entrants if there are measures the tenant could have taken to remove the risk; and</li>
<li>section 5B(1) of the Civil Liability Act 2002 (NSW) requires accurate identification of the actual risk of harm faced by a plaintiff.</li>
</ul>
Background
Deepak Bhide and Alka Bhide (the owners) owned residential property at Collaroy, NSW (the property). In 2005, they appointed Libra Collaroy Pty Ltd (the agent) to manage that property pursuant to an Exclusive Management Agency Agreement (Residential) (MAA). There was a long history of complaints regarding the state and structural integrity of the balcony from the tenant of the property, Joanne Gillies (the tenant), who also happened to be an architect.
On 15 June 2012, a group of school friends were gathered on the balcony at the property. The balcony collapsed.
Four of the people injured in the collapse commenced proceedings in the District Court of NSW against the owners and the agent. The tenant was the mother of one of the victims. She was not home when the balcony collapsed, but she also sued the owners and the agent for nervous shock.
The agent and owners issued cross claims against each other seeking an indemnity from the other, firstly, as joint tortfeasors pursuant to section 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1965 (NSW) and, secondly, pursuant to a contractual indemnity clause in the MAA.
The owners and the agent also issued cross claims on the tenant for her failure to lock access to the balcony in circumstances where she was fully aware of the potential risk of harm, as she had made multiple complaints to the agent that the balcony was not structurally sound.
First Instance decision
On 29 September 2015, a liability trial took place before Judge Curtis of the District Court. On the last day of trial, his Honour delivered an ex tempore judgment, finding that:
<ul>
<li>the agent was 100% liable to the plaintiffs;</li>
<li>the owners discharged their duty of care as owner to the plaintiffs by delegating the management of the property to the agent; and</li>
<li>the tenant did not breach any duty of care she owed to any of the plaintiffs.</li>
</ul>
His Honour found that the cause of the balcony collapse was, in essence, a deterioration of steel bolts caused by weather and poor maintenance. The agent had obtained and passed on various quotes for repairs to the balcony to the owners, who had rejected them. His Honour found that the agent should have gone further than simply passing on the quotes and should have instead specifically recommended that the owners obtain expert advice to assess the structural integrity of the balcony.
His Honour also found that the owners were not liable to the plaintiffs in tort because they had discharged their duty owed to the plaintiffs by appointing a managing agent to manage the property.
His Honour further found that the tenant had discharged her obligations owed to the plaintiffs by complaining to the agent about that the balcony was not structurally sound.
The agent appealed.
Appeal
On appeal, the agent did not challenge the finding that it was liable, but instead challenged the findings that the owners and the tenant were not liable to the plaintiffs.
The agent also challenged the decision on the ground that Judge Curtis had failed to consider and apply section 5B of the Civil Liability Act, in not identifying the precise foreseeable risk of harm, which, in this case, was the risk of injury to people due to the failure to properly investigate and maintain the structural integrity of the balcony.
The Court of Appeal found that:
<ul>
<li>Judge Curtis had erred in failing identify the relevant risk of harm and whether the owners and/or the tenant knew, or ought to have known, of the risk as required by section 5B of the Civil Liability Act. Accurate identification of the risk is necessary to determine what constitutes a reasonable response to the risk;</li>
<li>a reasonable person in the position of the owners should have formed the view that the agent had not properly discharged its duty and that they should have expressly instructed the agent to engage an expert to investigate the structural integrity of the balcony. The owners could not rely on their delegation to the agent in answer to their alleged breach of duty;</li>
<li>the owners succeeded in their claim for a contractual indemnity from the agent, but the entitlement to a contractual indemnity should be reduced by 30% by reason of their contributory negligence pursuant to section 9 of the Law Reform (Miscellaneous Provisions) Act in failing to expressly instruct the agent to engage a suitable expert to investigate the structural integrity of the balcony;</li>
<li>the tenant was liable to contribute 20% to the agent's liability to the plaintiffs by reason of her failure to lock access to the balcony in circumstances where she knew about potential structural issues; and</li>
<li>apportionment of liability between the agent, owners and tenant should be 50%, 30% and 20%, respectively.</li>
</ul>
Final Orders
On 11 September 2017 the Court of Appeal made orders giving effect to its reasons, which, in addition to setting aside various orders made by Judge Curtis, were essentially:
<ul>
<li>Judgment for the plaintiffs against the owners.</li>
<li>Judgment for the owners against the agent.</li>
<li>Any damages recovered by the owners from the agent to be reduced by 30%.</li>
<li>Judgment for the agent against the tenant.</li>
<li>The tenant is to contribute 20% to the agent's liability to each of the plaintiffs.</li>
<li>The owners and the tenant to pay the agent's appeal costs.</li>
<li>The agent and the owners to each bear their own costs of their cross claims in the District Court.</li>
<li>The tenant to pay the agent's cross claim costs in the District Court.</li>
<li>The agent, owners and tenant are to respectively pay 50%, 30% and 20% of the plaintiffs' costs.</li>
</ul>
Implications
If a party is entitled to be indemnified pursuant to a contractual indemnity clause, the amount of indemnity can be reduced by operation of section 9 of the Law Reform (Miscellaneous Provisions) Act.
In claims against real estate agents and property owners by injured plaintiffs, a tenant may bear some responsibility if they did not act as a reasonable tenant to avoid a risk of injury, if measures were available to them to prevent the risk of harm. Presumably, a tenant will always know about the risk; they will usually be the source of the complaint. Whether they can take steps to prevent the harm occurring will depend on what is required. In this case, the Court found the tenant could have simply locked the door, blocking access to the balcony.
Gilchrist Connell acted for the successful agent.
Paul Kozub is principal at Gilchrist Connell (Sydney) and Catherine Hing senior counsel at Gilchrist Connell (Sydney).
</body></html>

Shared blame in the collapsed Collaroy balcony court decision: Gilchrist Connell

Eddy Haddad's <a href="https://www.apartments.com.au/developers/level-33">Level 33</a> is levelling up its approved Wollongong development, as the coastal city south of Sydney continues to prove popular in the high-density development space.

Level 33, a longtime developer in the Wollongong area, has gone through the NSW Government's Housing Delivery Authority to upsize its approved two-tower development on the corner of Crown Street and Gladstone Avenue, just 100 metres from Wollongong Station.

The developer currently has approval for 252 apartments across two buildings rising to 19 storeys. It is now seeking approval for 33 and 38-storey towers that would deliver 467 apartments, including 67 affordable homes.

Designed by <a href="https://www.apartments.com.au/architects/bka-architecture">BKA Architecture</a>, the development would comprise apartments above a three-level podium with around 1,100 sqm of retail space, along with basement parking for 448 vehicles.

According to the Urban Design Report by BKA, the proposal has the capacity to "reinforce the precinct's identity by strengthening links between health, education, and transport services, while also contributing to Wollongong's ongoing evolution as a key regional centre."

Wollongong is somewhat in vogue. Between Level 33 and Urban Property Group, the two developers have several thousand apartments planned across the city.

Level 33 is currently delivering Easterly Wollongong, one of its most boutique projects to date with just 21 high-end apartments, as well as Atchison &amp; Kenny, a 329-apartment development due for completion later this year. The developer also plans to redevelop the 13,088 sqm WIN Grand megasite into a new $500 million precinct with nearly 600 apartments and has more than 900 apartments planned for the former Bunnings Warehouse site at the intersection of Gipps and Flinders streets.

Urban Property Group is also playing a major role in the city's transformation. Its five-tower Keira Place precinct will deliver more than 800 homes, and it has recently lodged plans for a further 300 apartments near Wollongong Station.

Joel Robinson

First look: Level 33 upsizes Wollongong apartment towers

Just a week after filing plans for the final stage of its major Keira Place masterplan, <a href="https://www.apartments.com.au/developers/urban-property-group">Urban Property Group</a> has unveiled another significant housing proposal in Wollongong, this time targeting a prominent site opposite North Wollongong Station.

The developer has lodged a State Significant Development Application for a 38-storey mixed-use tower at <a href="https://www.apartments.com.au/new-apartments/4-4a-flinders-street-north-wollongong-nsw-2500">4-4A Flinders Street</a>, around one kilometre north of the <a href="https://www.apartments.com.au/new-apartments/keira-place-wollongong-120-122-smith-street-wollongong-nsw-2500">Keira Place precinct</a> currently taking shape on the edge of the CBD.

<img alt="First look: Urban Property Group plans 38-storey North Wollongong tower as Keira Place expansion gathers pace" data-entity-type="file" data-entity-uuid="2b6428f1-6405-4038-8476-897de440e90d" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/flinders%20podium.png?VersionId=QLqEvK0OuCEwRC47oHNftrw2B1YqaHF8" />

Designed by Studio.SC, the proposal comprises a 38-storey mixed-use development containing 303 apartments, including 45 affordable housing units, alongside 174 co-living residences. The scheme also includes ground-floor retail space, extensive landscaping and public domain improvements.

Studio.SC noted in the proposal it "outlines a vision for a landmark transit-oriented mixed-use development centred around North Wollongong Station, designed to support the city’s future growth while responding to the NSW Government’s housing and planning reforms."

The architecture firm said the proposal responds to the opportunities and constraints shaping future growth within the 400-metre catchment of the station and represents "a coordinated and future-focused approach to urban intensification, contributing to the long-term evolution of North Wollongong as a connected, walkable and high-density station precinct."

The site occupies a strategic corner bounded by Flinders Street, Station Street, Stafford Street and the Princes Highway, directly opposite North Wollongong Station.

<img alt="First look: Urban Property Group plans 38-storey North Wollongong tower as Keira Place expansion gathers pace" data-entity-type="file" data-entity-uuid="7863adad-1f71-4022-b850-f44b252738fd" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/flinders%20podium%20a.png?VersionId=WsU7av0g8_8R2tGHWxgHeFSlhu7yeY1V" />

The proposal follows Urban Property Group's recent submission for the second and final stage of Keira Place, which would deliver a further three buildings comprising 657 homes opposite Beaton Park. It builds on the first stage, which features 150 apartments across two towers and recently commenced construction.

Urban Property Group CEO Patrick Elias said breaking ground on the first stage marked a significant milestone for Wollongong and reflected the developer's long-term commitment to regional cities.

"Today's groundbreaking is about turning approvals into homes and moving quickly to deliver much-needed housing in Wollongong's city centre," Elias said.

"Keira Place will provide a diverse mix of homes close to jobs, transport and services, while setting a high benchmark for quality, durability and consumer protection."

Read more:&nbsp;<a href="https://www.apartments.com.au/news/nsw/urban-property-group-unveils-trio-of-towers-for-next-stage-of-new-wollongong-precinct-keira-place">Urban Property Group unveils trio of towers for next stage of new Wollongong precinct, Keira Place</a>

First look: Urban Property Group plans next major Wollongong tower

<a href="https://www.apartments.com.au/developers/arada">Arada</a> has wasted little time expanding its ambitions in Campsie, lodging plans for a second major project in the rapidly transforming town centre just months after unveiling its three-tower One Campsie proposal on Beamish Street.

The UAE-backed developer has now taken aim at one of the suburb’s most strategically positioned sites, filing a State Significant Development Application for a <a href="https://www.apartments.com.au/new-apartments/10-north-parade-campsie-nsw-2194">33-storey mixed-use tower</a> at 10 London Street and 43 North Parade, directly opposite the future Campsie Metro Station. The proposal is currently on public exhibition and represents another significant vote of confidence in Campsie's emergence as one of Sydney’s key transit-oriented growth centres.

Designed by <a href="https://www.apartments.com.au/architects/woods-bagot">Woods Bagot</a>, the development would deliver 156 apartments above a podium containing retail and commercial space, creating a new residential and commercial gateway to the town centre. The scheme also includes a four-level above-ground parking podium and a dedicated residential amenity floor featuring wellness and recreation facilities. At least 10 per cent of the apartments would be allocated as affordable housing for a period of 10 years.

The proposal occupies a 1,631 sqm site bounded by London Street, North Parade and Dispensary Lane, immediately adjoining the future Metro station precinct and just metres from Beamish Street’s retail and dining strip. According to the Urban Design Report, the project seeks to deliver "a great place that prioritises human-scaled experience and provides spatial improvements to the area."

<img alt="First look: Arada doubles down in Campsie with 33-storey Metro-front tower plans" data-entity-type="file" data-entity-uuid="175a8324-015b-4856-abe3-ce6f23199fa7" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/podium%20campsie.png?VersionId=742UGwXFhFBX4GEl6wX4PYIWREAgn6il" />

Woods Bagot describes the tower as a key marker within Campsie's next phase of growth.

"Located directly opposite the new Campsie Metro Station on North Parade, 10 London Street is a thoughtfully composed 33-storey mixed-use tower that contributes to the ongoing transformation of the town centre," the Architectural Design Report states. The report says the project is intended to provide "high-quality homes within a vibrant, connected urban environment, while helping define Campsie's future skyline."

A strong emphasis has been placed on the public realm. The ground floor incorporates over 500 sqm of retail space and active frontages along both London Street and North Parade, while the podium is wrapped by extensive landscaped planting intended to soften the building's scale and strengthen the pedestrian experience. The development would also widen surrounding footpaths and improve connections between the Metro station and the broader town centre.

Above the podium, residents would have access to more than 1,400 sqm of communal amenities, including a pool, gym and landscaped recreation spaces. A distinctive green-wall treatment extending across four podium levels forms a major architectural feature, helping differentiate the project within the emerging high-density precinct.

The tower's design is closely tied to the broader Campsie Town Centre Master Plan and the arrival of Sydney Metro. The Urban Design Report notes the proposal "directly supports the Campsie Town Centre Master Plan by delivering new homes in a location explicitly identified for growth, improved accessibility, and high-quality urban renewal." It adds that the project contributes to the master plan's vision for a strengthened town centre supported by thousands of new homes around the future Metro station.

<img alt="First look: Arada doubles down in Campsie with 33-storey Metro-front tower plans" data-entity-type="file" data-entity-uuid="bfd17654-253e-489a-bade-6278d63db412" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/base%20campsie.png?VersionId=3roJPMQGs36dazpkhvpvbDDP73Ld.Ica" />

The application follows Arada's recently lodged One Campsie project at 124–142 Beamish Street and 16–18 Ninth Avenue, where the developer is seeking approval for 346 apartments across three towers rising 24, 32 and 39 storeys. Together, the two proposals would cement Arada as one of the most influential developers shaping Campsie's future urban form.

Read more:&nbsp;<a href="https://www.apartments.com.au/news/nsw/first-look-arada-files-for-trio-of-apartment-towers-in-campsie-town-centre">First Look: Arada files for trio of apartment towers in Campsie town centre</a>

Arada entered the Australian market in 2024 and has rapidly assembled a significant development pipeline across Sydney. Alongside its Campsie holdings, the developer is soon to launch <a href="https://www.apartments.com.au/new-apartments/wattle-green-2-fishburn-crescent-castle-hill-nsw-2154">Wattle Green</a> in Castle Hill, and has expanded its local operations following its acquisition of construction firm Roberts &amp; Co.

Located around 14 kilometres south-west of the Sydney CBD, the site sits at the centre of one of Sydney's fastest-changing middle-ring precincts. The Metro conversion of Campsie Station, combined with Canterbury-Bankstown Council's master planning framework, is driving significant residential intensification around Beamish Street and North Parade, with thousands of new homes expected over coming decades.

First look: Arada doubles down in Campsie with 33-storey Metro-front tower plans

For the first time in a long time, Australia's inflation story is starting to look more like a landing than a fight.

The latest Consumer Price Index figures from the Australian Bureau of Statistics showed annual inflation eased to four per cent in May, down from 4.2 per cent in April. On the surface, that might not seem like a major move. Inflation remains above the Reserve Bank's target range and some categories continue to record stubborn price growth.

But the significance of this result lies less in where inflation sits today and more in what it means for where interest rates are likely heading next.

The biggest takeaway is that inflation continues to move in the right direction.

Markets had been bracing for another sticky result after a period where progress appeared to stall. Instead, headline inflation came in softer than expected, helped by falling fuel prices and easing transport costs. Annual transport inflation halved from 6.6 per cent in April to 3.3 per cent in May, while automotive fuel prices fell 11.9 per cent during the month following lower oil prices and the impact of reduced fuel excise measures.

While petrol prices don't solve Australia's affordability challenges, they are one of the most visible and immediate costs for consumers. Falling fuel costs feed through the economy quickly, helping ease pressure on household budgets and business operating expenses.

The ABS data also showed headline inflation is now sitting at its lowest annual level in several months, reinforcing the broader trend that price growth is gradually moderating.

That trend is important because it aligns with what many economists and lenders have been saying for the last month.

Prior to this week's inflation data, ANZ, NAB and Commonwealth Bank had all shifted their forecasts, now believing the Reserve Bank had likely reached the peak of the interest rate cycle. Following the May inflation release, ANZ reaffirmed that view.

In its latest economic update, ANZ said it expects quarterly trimmed mean inflation to come in at 3.7 per cent for the June quarter, slightly below the Reserve Bank's forecast of 3.8 per cent. Importantly, the bank said that outcome, when combined with slowing economic activity, "supports our view that the cash rate has peaked".

The Reserve Bank has spent the better part of three years attempting to bring inflation under control through higher interest rates. If Australia's major banks are correct and rates have now peaked, the conversation shifts from how much higher rates could go to when they might begin coming down.

Westpac's caution comes from underlying inflation. The trimmed mean, the measure most closely watched by the Reserve Bank, increased from 3.4 per cent to 3.6 per cent annually. Housing inflation remains elevated at 6.5 per cent, reflecting ongoing increases in rents, electricity costs and new dwelling construction.

Electricity prices remain particularly problematic, rising 21.1 per cent over the past year following the removal of government rebates.

Housing construction costs are also showing signs of renewed pressure. ANZ noted new dwelling costs rose 0.9 per cent in May and are now running at an annualised pace of 8.6 per cent over the past three months. Builders continue to face higher labour, fuel and material costs, a reminder that inflationary pressures have not completely disappeared.

Housing affordability has deteriorated largely because of higher interest rates rather than higher property prices alone. Even modest reductions in mortgage rates would improve borrowing capacity, increase buyer confidence and reduce repayment pressure on existing homeowners.

While August is far from a certainty, the latest inflation result has strengthened the view that the next move in rates is more likely to be down than up. For borrowers, buyers and the development sector, that alone represents a significant shift from the conversation that dominated much of the past two years.

The inflation result the property market was waiting for

Commercial property group FiveX is doubling down on its move into the residential space.

The group, founded by Joshua and Marko Berger more than five decades ago, has followed up its plans for a 39-storey tower on North Sydney's Alfred Street with a proposed 61-storey tower in Chatswood.

The new tower at <a href="https://www.apartments.com.au/new-apartments/815-pacific-highway-chatswood-nsw-2067">815 Pacific Highway</a>, which would be one of the tallest proposed in Chatswood in recent years, will comprise 490 apartments, 76 of which will be dedicated affordable housing and managed by Evolve Housing for a minimum of 15 years.

The project will replace the long-standing Panorama Building, originally known as the BMA Tower, a 14-storey office building completed in 1972 and designed by Hungarian-born architect Hugo Stossel. At the time of its completion, the building was the tallest structure in Chatswood and became a local landmark due to its distinctive curved form and external glass lift.

<img alt="FiveX" data-entity-type="file" data-entity-uuid="956bd299-3864-47a0-8ea6-162b5524c5d8" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-06-24%20at%201.02.03%E2%80%AFPM.png?VersionId=EWx7teUr7RcYrI9mgRytwppwt5AdUDtb" />

fjcstudio is behind the designs. Its Architectural Design Report argues the ageing commercial building no longer reflects Chatswood's role as one of Sydney's key strategic centres and that the site is ideally positioned to support significantly higher residential density.

"The site is located at the heart of Chatswood, within the TOD accelerated rezoning area that supports higher density development around the new Metro station," the report states.

"The site's role within a walkable 400-metre radius catchment is where housing, employment, retail and community uses are encouraged to cluster in support of transit-oriented living."

<img alt="fjc" data-entity-type="file" data-entity-uuid="8d198f5e-cc71-4175-9357-be6ec7207473" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-06-24%20at%201.18.27%E2%80%AFPM.png?VersionId=5WUFc3IYBPvhQMBUYLCsjJhzdcVeYodE" />

The proposal has undergone two rounds of review by the NSW State Design Review Panel, with the design evolving through an extensive assessment process focused on design excellence, public realm outcomes, residential amenity and the integration of affordable housing.

fjcstudio says the residential component provides a diverse mix of apartment typologies, supporting a broad demographic and contributing to housing supply in a highly accessible location close to major transport, employment and retail infrastructure.

The application follows FiveX's plans for a 39-storey tower at <a href="https://www.apartments.com.au/new-apartments/275-alfred-street-north-north-sydney-nsw-2060">275 Alfred Street</a>, which it <a href="https://www.apartments.com.au/new-apartments/275-alfred-street-north-north-sydney-nsw-2060">submitted through the same NSW Government pathway</a> in December. That's for 184 apartments.

Recent activity in Chatswood includes Hyecorp launching its Archer Street project, Celine, and Develotek securing approval for a 34-storey tower.

Staff reporter

Editor's Picks

Have something to contribute?

Developments

New apartments

New townhouses

News