Property developer One Living, backed by former Macquarie banker turned investment manager Chris Green’s investment firm, has unveiled plans to bring more institutional capital into housing to help address the national supply crisis.

The New York-based investor has focused his firm, GreenPoint Partners, on addressing the supply shortage hitting middle market housing in Australia.

It is backing the new One Living business to develop more than 1000 units along the eastern seaboard. The new firm is starting with a development on Mona Vale Road, on the border of Mona Vale and Pymble, in Sydney’s Northern Beaches, with around 140 apartments planned. They are eyeing off more sites across the city.

With cost pressures rising in the industry, One Living’s model is to be a vertically integrated developer-builder, so it can respond directly to the housing gap by removing the cost inefficiencies embedded in traditional residential delivery.

“We are building a platform designed to operate at scale and starting in a market where there’s a clear need for quality, attainable housing,” One Living joint managing director Joseph Scuderi said.

“It’s that missing middle – it’s that attainable end of housing… that’s what most Australians invest into and what Australians can actually afford.”

<img alt="Mona Vale" data-entity-type="file" data-entity-uuid="798dfa93-4941-4db6-a696-31e9dc18e81c" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%202.31.50%E2%80%AFPM.png?VersionId=mKBqi5C_DmeiXS.AtJkcR8LQIxqCqmFi" />

GreenPoint Partners brings years of experience assembling and scaling real estate operating businesses across major markets. And Green sees a big opportunity in Australia.

“For its size, sophistication and importance to the community, Australia’s living sector has remained largely under-institutionalised, which represents significant opportunity,” Green said. “GreenPoint identified that gap, assembled the right team, and is backing One Living to build a platform that is aligned to market needs.”

Green said being a builder-developer would give the company the capacity and flexibility it required to deliver reasonably-priced homes.

“We want it to be at that attainable level; not super high end luxury but at that attainable level,” he said.

<img alt="Mona Vale" data-entity-type="file" data-entity-uuid="74a5344a-4b26-4d4a-ada3-056b1220be77" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%202.32.15%E2%80%AFPM.png?VersionId=vY8hXHO4reBMdO8ZXMWCNtGZJofUPQ3j" />

&nbsp;

One Living will undertake a component of affordable housing in its schemes, which it will own and operate, and it could also run build-to-rent on some sites.

Green praised local policy settings.

“The NSW government is being very supportive, strategic and pragmatic in terms of how do we generate more supply of housing,” he said. “We think it’s actually positive for development and the bit that’s been lacking at that attainable level is that it’s lots of relatively small private developers, whereas we want to create an institutional platform.”

One Living is also&nbsp;looking at high-density projects and could take on more institutional funding in the future.

“The way we will be able to achieve economies of scale is through size,” Green added.

Joel Robinson

One Living enters Sydney's new apartment market with Northern Beaches site acquisition

It's been several years since there's been an opportunity to buy a brand new townhome in Melbourne's coastal suburb of Mordialloc. Even apartment developments in recent times have been few and far between in the area.

Local developer LDS Property identified the gap in new housing, securing a site on White Street, directly opposite&nbsp;Woodlands Golf Club Mordialloc. They've recently launched&nbsp;<a href="https://www.apartments.com.au/new-townhouses/wm-residences-mordialloc-102-white-street-mordialloc-vic-3195">WM Residences</a>, just 13 townhouses which they have already started building.

Projects by Buxton Director Heath Thompson, who is selling WM Residences, says the townhouses x that perfect middle ground be

"Mordialloc residents have had limited options to downsize within the suburb, often forcing them to look elsewhere despite long-standing ties to the area," Thompson says.

"With very little comparable new supply coming to market, projects like WM Residences are well placed, particularly as buyers look to capitalise on current conditions amid constrained supply."

[smartcode_project:default project_id=134646 project_image_fid=6109]

The development, designed by regarded architecture firm&nbsp;<a href="https://www.apartments.com.au/architects/ewert-leaf">Ewert Leaf</a>,&nbsp;adopts a deliberately restrained architectural approach, focusing on simplicity, durability and liveability rather than overt design gestures.

The boutique scale is central to the offering. With only 13 three-bedroom residences, each home is configured to prioritise functional layouts and everyday use, supported by private terraces and secure two-car garages.

Ewert Leaf’s design response leans into a calm, neutral material palette. Interiors are defined by oak flooring, white walls and soft finishes, creating a consistent and understated backdrop. The approach avoids trend-driven detailing in favour of longevity, with an emphasis on natural light and spatial clarity.

[smartcode_project:default project_id=134646 project_image_fid=6110]

Beyond aesthetics, the homes are designed to meet contemporary performance expectations. Each residence targets a minimum 6-star energy rating, incorporating double glazing, comprehensive insulation and all-electric Bosch appliances.

The project’s location supports a walkable coastal lifestyle, sitting within close proximity to Mordialloc’s foreshore, Main Street retail strip and the train station. Local cafés and dining venues, including Suburbia Deli and Hendriks Café, are within a short walk, reinforcing the area’s established neighbourhood character.

[smartcode_project:default project_id=134646 project_image_fid=6116]

While <a href="https://www.apartments.com.au/developments/mordialloc-vic-3195">Mordialloc</a> is often defined by its beach and pier, the project taps into other areas of day to day living, offering easy access to local food, casual dining and transport, rather than positioning itself purely as a lifestyle retreat.

WM Residences reflects a continued trend across Melbourne’s coastal suburbs towards smaller-scale, design-led townhouse developments, particularly on infill sites where proximity to amenity is already established.

With construction commenced prior to its market entry, the project aligns with a growing preference among buyers for developments with visible progress and defined delivery timeframes.

[smartcode_project_cta:default project_id=134646]

WM Residences fills gap in Mordialloc townhouse market

&nbsp;

Developer GURNER™ Group has revealed $1.65 billion in residential sales nationally across the 12 months to December 2025, driven largely by the continued momentum of its Docklands wellness-focused precinct, Elysium Fields.

The sales result was generated across seven projects in Victoria and New South Wales, headlined by Elysium Fields, GURNER™’s $2.75 billion mixed-use precinct planned for Harbour Esplanade in Docklands.

The project has recorded more than $500 million in sales across the first three towers, equating to around 580 apartments sold.

The first tower, Helios, has now sold out of its 240 private residences, with GURNER™ preparing to release a premium penthouse collection comprising 15 three-bedroom penthouses in coming weeks.

[smartcode_project:default project_id=144441 project_image_fid=370975]

Elysium Fields is being developed on the long-held 20,000 sqm Docklands site at 208-226 Harbour Esplanade, which had remained undeveloped for more than two decades prior to GURNER™ taking over the project around four years ago.

Construction has now commenced across four towers ranging between 18 and 30 storeys, with Hamilton Marino and Maxcon appointed as builders.

Once complete, the precinct is expected to comprise around 1,100 residences, alongside retail, hospitality and public realm uses integrated throughout the site.

[smartcode_project:default project_id=144441 project_image_fid=370981]

Designed by Fraser &amp; Partners in collaboration with GURNER™ Design House, the project has been positioned around the developer’s broader focus on wellness-led residential living.

“We don’t sell apartments. We create a true luxury lifestyle that simply doesn’t exist elsewhere in the market today,” Founder and Executive Chairman Tim Gurner said.

“To deliver that requires an extraordinary level of detail, coordination and discipline across multiple verticals, from design and hospitality through to wellness and service.”

“We’ve always believed that living extends far beyond the physical residence. It’s about how you feel the moment you arrive, how you live day-to-day, and the ecosystem that supports that.” 
[smartcode_project:default project_id=144441 project_image_fid=370977]

The project’s design places a heavy focus on landscaping, wellness amenities and biophilic design principles.

Plans include around 3,700 sqm of landscaped gardens and open space throughout the precinct, alongside a retail and dining offering spanning approximately 5,000 sqm.

The broader public realm strategy centres around what GURNER™ describes as the “Path of Life”, an urban forest and landscaped pedestrian environment intended to connect the various buildings and wellness spaces across the precinct.

The apartments themselves will incorporate a range of wellness-focused inclusions, including purified air and water systems, circadian lighting, antimicrobial surfaces, and optional in-home wellness upgrades.

[smartcode_project:default project_id=144441 project_image_fid=370980]

Gurner said the company’s experience through its Saint Haven wellness clubs had directly informed the residential offering now being incorporated into Elysium Fields.

“We’re seeing a clear global shift toward longevity, performance and proactive health,” Gurner said.

“Our role is to deliver that in a way that feels seamless, highly private and beautifully resolved within the environments we create.”

A large component of the wellness offering is planned through the resident amenity and health facilities proposed within the precinct.

That includes plans for bathing and recovery facilities spread throughout the towers, incorporating mineral pools, saunas, steam rooms, flotation therapy, red light therapy and wellness lounges.

The developer is also seeking approvals for what it describes as a “reverse ageing medical clinic” within the precinct.

[smartcode_project:default project_id=144441 project_image_fid=370978]

According to project information released by the group, the proposed facility would include cryotherapy, IV infusion therapy, infrared and dry saunas, PEMF beds, MRIs, DEXA scans, brain scans and blood analysis services.

Within the first tower, Helios, residents will also have access to a dedicated amenity offering known as the Sky Private Club.

The upper 15 levels of the building will include private lounges, dining spaces, rooftop amenities and optional private wellness studios integrated within residences.

The Helios tower itself comprises 260 apartments ranging between 60 sqm and 300 sqm, including a collection of penthouses.

That includes a planned two-storey penthouse spanning around 600 sqm with uninterrupted bay views.

The Elysium Fields precinct is being delivered in partnership with Digital Harbour Holdings, a consortium that includes the Liberman family, which controls the development rights across the Docklands site.

[smartcode_project:default project_id=144441 project_image_fid=370979]

The sales result comes as GURNER™ continues expanding its national development pipeline beyond Victoria.

“We have a strong pipeline across Australia and are now focused on scaling into key markets including New South Wales and Queensland, while continuing to build on our Melbourne base,” Gurner said.

“We currently have more than $3 billion in the market, growing to over $5 billion by October, and expect to materially outperform last year in the 2026 calendar year.”

The result also reflects the continued strength of the upper-end apartment market in Melbourne, particularly for owner-occupier-focused product with large-scale amenity and lifestyle offerings.

[smartcode_project_cta:default project_id=144441]

Record result anchored by the Group’s “utopian” Elysium Fields precinct – defying market headwinds in Docklands.

Elysium Fields drive Gurner to $1.65 billion in apartment sales over 2025

National Australia Bank (NAB) will fund <a href="https://www.apartments.com.au/new-apartments/palmera-residences-gold-coast-18-garfield-terrace-surfers-paradise-qld-4217">Palmera</a>, a $1 billion, 52-level luxury residential tower being developed by Central Equity in one of the Gold Coast’s most tightly held coastal locations at Northcliffe.

The project, launched recently by <a href="https://www.apartments.com.au/developers/central-equity">Central Equity</a>, one of Victoria’s largest private residential developers, comes at a time when construction funding for large residential developments has become increasingly competitive as lenders tighten exposure to the sector.

Multiplex has been appointed the builder, and construction is now underway.

[smartcode_project:default project_id=108274 project_image_fid=365784]

Since its first project, Central Equity has delivered more than 85 residential developments with a combined end value exceeding $8 billion.

Palmera reflects Central Equity’s growing focus on the Gold Coast luxury apartment market and continues a relationship between Central Equity and NAB that dates back to the late 1980s, when the bank funded one of Melbourne’s earliest inner-city residential towers at a time when high-rise apartment living in the CBD was largely unproven.

“NAB’s funding of Central Equity’s $36 million CBD development in the late 1980’s to the financing of the billion-dollar tower today highlights the long-term relationship between the two organisations in delivering major residential projects” said Central Equity Founder and Chairman Eddie Kutner.

He said NAB’s early support was instrumental in helping establish the company’s development model.

“When we commenced our first residential tower in the late 1980s the concept of funding off-the-plan apartments was still largely untested in Australia,” Kutner said.

“NAB recognised the opportunity early and supported the project when others were uncertain. That relationship has now continued for more than 37 years across many developments.”

[smartcode_project:default project_id=108274 project_image_fid=365771]

Central Equity was established in 1987 when Melbourne’s CBD and Southbank precinct were still dominated by warehouses and commercial buildings. Fewer than 100 residents lived in Southbank at the time, and large-scale residential development in the inner city was not widely considered.

Recognising changing demographics and lifestyle preferences, the company began developing high-rise residential projects designed to bring permanent residents into the city centre.

Central Equity has provided accommodation for approximately 40,000 residents across Melbourne’s CBD and Southbank, while also incorporating supporting infrastructure including essential lifestyle facilities like retail spaces, childcare facilities and neighbourhood activity centres.

Central Equity has spent many years assembling the Palmera development site on the corner of Garfield Terrace and Frederick Street in Northcliffe, creating a supersite of around 3,300 sqm.

The developer said the Palmera apartment tower reflects its long-term view of the Gold Coast as a growing and increasingly diversified economy.

[smartcode_project:default project_id=108274 project_image_fid=365768]

Supported by infrastructure including the light rail network, major road upgrades expanded education, hospital and medical facilities and continued expansion at the Gold Coast Airport with more international and domestic flights.

Positioned in the tightly held Northcliffe precinct, the 52-level tower will deliver 347 apartments, targeting buyers seeking a high-end coastal lifestyle, from downsizers to interstate investors.

Designed by Marchese Partners with interiors by DBI, Palmera has been conceived as a next-generation residential offering, featuring a collection of oversized apartments, with premium three-bedroom residences offering sweeping northern views stretching from Surfers Paradise through to Burleigh Heads.

[smartcode_project_cta:default project_id=108274]

NAB funds $1 billion Surfers Paradise apartment development, Palmera

Two years after completing one of the newest developments in North Sydney, developer <a href="https://www.apartments.com.au/developers/aqualand-australia">Aqualand</a> is turning its attention to the rapidly evolving St Leonards apartment market.

The developer, which completed AURA by Aqualand on North Sydney's Walker Street, has lodged plans for a 5,918 sqm site at <a href="https://www.apartments.com.au/new-apartments/33-37-herbert-street-st-leonards-nsw-2065">33-37 Herbert Street, St Leonards,</a> seeking approval for a pair of residential towers rising above a shared podium opposite Royal North Shore Hospital.

The proposal forms part of the broader transformation underway across the St Leonards-Crows Nest precinct, where former industrial and commercial sites are increasingly being redeveloped into high-density mixed-use projects tied to major transport infrastructure.

<img alt="Aqualand" data-entity-type="file" data-entity-uuid="2cc428cf-fe70-4cac-9cd5-264ad53af62c" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%209.51.56%E2%80%AFAM.png?VersionId=otKSnHtbjAvAddOnovyXQMgcAwE6DMe1" />

According to the planning documents, the site sits “within the St Leonards–Crows Nest Strategic Centre, identified by the NSW Government as a key area for accommodating future jobs and housing across Sydney.”

The proposal has been designed by fjcstudio, formerly FJMT Studio, and is being progressed through the State Significant Development pathway due to its scale and affordable housing provision.

The scheme would comprise 413 apartments, including 46 affordable housing units, alongside retail and commercial uses fronting Herbert Street. The project would also include communal open space, landscaping, a swimming pool, gymnasium, children’s play areas and podium-level resident amenities.

Planning documents show the development would consist of a part-13, part-39 storey tower form positioned above a four-storey podium.

“The development comprises a unified podium that activates the street interface, and two setback towers to accommodate new housing supply while maintaining an appropriate human scale at ground level,” fjcstudio noted in its Design Report.

The northern and southern towers have been shaped to respond to the surrounding skyline while also limiting overshadowing impacts to nearby public open space, particularly Talus Reserve.

The design report said the differing tower heights were intended to “contribute to a varied skyline while responding to the surrounding built form context and solar access considerations.”

<img alt="Aqualand" data-entity-type="file" data-entity-uuid="36da62dc-ff9e-41f2-a7e3-7be38373751c" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%209.51.45%E2%80%AFAM_0.png?VersionId=Mo6Rp2r.XRLTzIfg_PEEpw8NepDH8UBs" />

The site sits directly opposite Royal North Shore Hospital and within walking distance of both St Leonards Station and the new Crows Nest Metro station.

While the site itself sits just outside the formal Crows Nest Transport Oriented Development boundary, the planning documents repeatedly reference its alignment with the broader TOD objectives reshaping the Lower North Shore.

“The site is located adjacent to St Leonards Station and in close proximity to Crows Nest Metro which is within the Crows Nest Transit Orientated Development Accelerated Precinct which has been identified by the NSW Government to support housing delivery,” the Design Verification Statement noted.

According to fjcstudio, the project has been designed to respond to the broader transition occurring across St Leonards, where increasing residential density is being concentrated around transport infrastructure and employment hubs.

“The broader precinct is undergoing significant change, with a mix of existing mid-rise buildings and newer high-density developments,” the report stated.

“Recent and approved projects indicate a consistent shift toward taller built form, typically organised as tower-and-podium typologies with more active ground levels.”

The proposal includes close to 6,000 sqm of retail and commercial space across the ground floor and podium levels, designed to create a more activated street edge along Herbert Street.

Aqualand’s plans would also introduce a landscaped podium shared between the two towers, with communal open space in the form of a podium rooftop designed to support resident interaction and improve urban greening outcomes. The scheme would also introduce pocket parks at the northern and southern ends of the site, including a landscaped area at the corner of Herbert and Ella streets designed to improve pedestrian amenity and soften the streetscape.

&nbsp;

The proposal is being progressed through the NSW Government’s Housing Delivery Authority pathway, which was introduced to accelerate housing supply across the state. The application was declared State Significant Development in April 2025 following an expression of interest process.

<img alt="Aqualand" data-entity-type="file" data-entity-uuid="faf6d97d-2671-454f-b85a-fe1c6a7be608" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%209.51.49%E2%80%AFAM.png?VersionId=diVd28OBVr5.YV.7prrOz.uAanwwwm7a" />

St Leonards has been particularly active with new developments in recent weeks. Developer SP Setia’s <a href="https://www.apartments.com.au/news/nsw/first-look-sp-setia-targets-st-leonards-skyline-with-40-storey-tod-tower">plans for a new 42-storey tower</a> recently went on exhibition through the same pathway, while <a href="https://www.apartments.com.au/news/nsw/first-look-stockland-plans-52-storey-538-apartment-st-leonards-tower">Stockland’s 52-storey tower proposal</a> was also recently unveiled.

Aside from the St Leonards project, which is expected to take around nine months to move through the approvals process ahead of a potential 2027 launch, Aqualand is also preparing to launch Boronia, a new apartment project in Roseville comprising around 111 apartments on Larkin Street.

The developer also has approvals in place for the next stage of the Barangaroo precinct, which will feature new residential, retail, hospitality and community uses, alongside a new metro entry across the five-hectare site.

More than 50 new retail destinations are planned for Central Barangaroo, alongside a 270-metre-long boulevard connecting Hickson Park to Nawi Cove. Together with Harbour Park, more than 50 per cent of the precinct will comprise public open space and parkland.

First look: Aqualand joins St Leonards apartment party

National Australia Bank (NAB) has brought forward the timing of the first RBA cash rate cut by three months.

NAB is now expecting a cut in February, in line with ANZ and Westpac, having initially thought a cut wouldn't come until May.

Commonwealth Bank, the nation's largest lender, still thinks the first cut will come in December.

NAB changed its call following the August monthly inflation figures that were released at the end of September, showing it had dropped to 2.7 per cent.

"The risk has been skewed to a first cut earlier in 2025, and today’s change acknowledges the balance of risks has likely shifted sufficiently for the RBA to feel comfortable cutting a little sooner than we earlier expected," NAB noted in its latest update.

They added that the cadence of the cuts may be faster than its central profile.

"Domestic inflation pressures are cooling, but only gradually, and we continue to expect the conditions for a cut will not be in place this year.

NAB believes the easing cycle will end at 3.1 per cent by early 2026, which is five cuts from the current 4.35 per cent cash rate.&nbsp;

CBA also thinks 3.1 per cent will mark the end of the cutting cycle, while Westpac is forecasting 3.35 per cent, and ANZ is the most pessimistic at 3.6 per cent, which would be just three interest rate cuts.

<h2>What would a rate cut in February look like for borrowers?</h2>

According to&nbsp;<a data-saferedirecturl="https://www.google.com/url?q=https://link.mediaoutreach.meltwater.com/ls/click?upn%3Du001.IVvjJ-2BPT0A8C3VxtqKc6e3bj5hBuw27WFEYqovsYs7kPsgFulYrdOzeP8gI7CybJOya3_RgrM7qq-2BfK-2FtAHeRBLv5Qrb-2Bii5fzjLeKcP4w-2FkNgJPXygpiRhVUan3WV3QEggcf617UC8Z60RjQJZAqx7PiO7FtVJQSn0D46Zc3iTVP0kAhTTzG51cPpa5hrqz1OkSA-2BiXAxUajQ686MTtiseWBIdMdknd83aB7cOVgXlVTeHCGf3-2BcMHwfvI8TYlkUovqEhn4dj0KXf2eJGpb9-2BBv20hPXdLlPP9yD7DvFFDBM5yrTqxvcCiMfAsW1onD-2FcriL628eYdhNQE7bwzYrxcOYnmaYfRhGl-2FEHQ6eK2uQcLxs6Cbu6Dx0bYvpi5A6enmxMWU5TkcRYrP6Z8GbXZYtc5qSoKu6eWFBQR9K7fsjXwHMmby3D3X6Yx-2BxcDcdRruTG&amp;source=gmail&amp;ust=1727774368149000&amp;usg=AOvVaw2vK2ujS77CHs9VRvSSXzLC" href="https://link.mediaoutreach.meltwater.com/ls/click?upn=u001.IVvjJ-2BPT0A8C3VxtqKc6e3bj5hBuw27WFEYqovsYs7kPsgFulYrdOzeP8gI7CybJOya3_RgrM7qq-2BfK-2FtAHeRBLv5Qrb-2Bii5fzjLeKcP4w-2FkNgJPXygpiRhVUan3WV3QEggcf617UC8Z60RjQJZAqx7PiO7FtVJQSn0D46Zc3iTVP0kAhTTzG51cPpa5hrqz1OkSA-2BiXAxUajQ686MTtiseWBIdMdknd83aB7cOVgXlVTeHCGf3-2BcMHwfvI8TYlkUovqEhn4dj0KXf2eJGpb9-2BBv20hPXdLlPP9yD7DvFFDBM5yrTqxvcCiMfAsW1onD-2FcriL628eYdhNQE7bwzYrxcOYnmaYfRhGl-2FEHQ6eK2uQcLxs6Cbu6Dx0bYvpi5A6enmxMWU5TkcRYrP6Z8GbXZYtc5qSoKu6eWFBQR9K7fsjXwHMmby3D3X6Yx-2BxcDcdRruTG" target="_blank">Canstar</a>, if there is a cut in February, a borrower with a $600,000 loan today and 25 years remaining would see their monthly repayments drop by $92.&nbsp;

<table border="1" cellpadding="0" cellspacing="0">
	<tbody>
		<tr>
			<td colspan="3">
			Impact of 0.25% pt cut in February 2025
			</td>
		</tr>
		<tr>
			<td>
			Current loan size
			</td>
			<td>
			Drop in monthly repayment
			</td>
			<td>
			New monthly repayment
			</td>
		</tr>
		<tr>
			<td>
			$600,000
			</td>
			<td>
			-$92
			</td>
			<td>
			$3,907
			</td>
		</tr>
		<tr>
			<td>
			$750,000
			</td>
			<td>
			-$114
			</td>
			<td>
			$4,884
			</td>
		</tr>
		<tr>
			<td>
			$1M
			</td>
			<td>
			-$153
			</td>
			<td>
			$6,512
			</td>
		</tr>
		<tr>
			<td colspan="3">
			Source:&nbsp;<a data-saferedirecturl="https://www.google.com/url?q=https://link.mediaoutreach.meltwater.com/ls/click?upn%3Du001.xWMOP9hChsvn-2BC9O-2FebBihXIZ4cEzbiuENdxm-2Bx3-2FYEEgYMhZlKWNj5Zzy1YZ56RuASD_RgrM7qq-2BfK-2FtAHeRBLv5Qrb-2Bii5fzjLeKcP4w-2FkNgJPXygpiRhVUan3WV3QEggcf617UC8Z60RjQJZAqx7PiO7FtVJQSn0D46Zc3iTVP0kAhTTzG51cPpa5hrqz1OkSA-2BiXAxUajQ686MTtiseWBIdMdknd83aB7cOVgXlVTeHCGf3-2BcMHwfvI8TYlkUovqEhn4dj0KXf2eJGpb9-2BBv20v2akwr6-2BqLyRrlEgkJ4J-2BCCyY0x189xEHZA4Ylf8c7ChBqNIkhmftZzoFuZKFn43pw3oJVg2o1gumrpdA-2B7MB-2FBtmL2rFCI-2FXORATQHySCLVOMg7Vywv-2BqnnQUAtDz6XkvpwxdHFXh70VwKazzhJsICilEYOvP4ju0sIfi5g6TL&amp;source=gmail&amp;ust=1727774368149000&amp;usg=AOvVaw2qVnp6oqATgqDUi2Frm22q" href="https://link.mediaoutreach.meltwater.com/ls/click?upn=u001.xWMOP9hChsvn-2BC9O-2FebBihXIZ4cEzbiuENdxm-2Bx3-2FYEEgYMhZlKWNj5Zzy1YZ56RuASD_RgrM7qq-2BfK-2FtAHeRBLv5Qrb-2Bii5fzjLeKcP4w-2FkNgJPXygpiRhVUan3WV3QEggcf617UC8Z60RjQJZAqx7PiO7FtVJQSn0D46Zc3iTVP0kAhTTzG51cPpa5hrqz1OkSA-2BiXAxUajQ686MTtiseWBIdMdknd83aB7cOVgXlVTeHCGf3-2BcMHwfvI8TYlkUovqEhn4dj0KXf2eJGpb9-2BBv20v2akwr6-2BqLyRrlEgkJ4J-2BCCyY0x189xEHZA4Ylf8c7ChBqNIkhmftZzoFuZKFn43pw3oJVg2o1gumrpdA-2B7MB-2FBtmL2rFCI-2FXORATQHySCLVOMg7Vywv-2BqnnQUAtDz6XkvpwxdHFXh70VwKazzhJsICilEYOvP4ju0sIfi5g6TL" target="_blank">www.canstar.com.au</a>. Starting rate is the RBA existing average owner-occupier variable rate of 6.36%. Assumes banks pass the cash rate cut on in full the month after the meeting.
			</td>
		</tr>
	</tbody>
</table>

Canstar Data Insights Director, Sally Tindall, says if core inflation continues to track in the right direction, or unemployment starts to accelerate significantly, we could well see a cash rate cut as early as February of next year.

“All four big banks now believe the RBA will be ready to cut the cash rate in just over four months’ time, if not before, in the case of CBA.

“However, the outlook for both inflation and unemployment is still highly uncertain. A couple of wobbly sets of inflation data could see the RBA holding for longer, particularly if unemployment remains relatively steady."

&nbsp;

Commonwealth Bank, the nation's largest lender, still thinks the first cut will come in December.

NAB bring forward first RBA cut to February 2025

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A total of 68% of Australians are ‘very comfortable’ with their home loan, according to the latest ING DIRECT Household Financial Wellbeing Index.
Comfort with mortgages/long term debt, credit cards/short-term debt and household bills is currently at an all-time high.
The index found that 31% of households are mortgage free, while 44% are paying down their loan ahead of time.
A high level of comfort with short-term debt, such as credit cards, was noted with 5.48 out of 7 on the index recorded, or the highest level since 2010.
Of the households surveyed, 18% have a personal loan, with the average household owning 1.8 credit cards and 15% of households not having a credit card.
New South Wales was the most comfortable of all the states, followed by Western Australia and Victoria. All three were up on their second quarter 2014 results. South Australia and Queensland have dipped since the second quarter.
Head of third party distribution at ING DIRECT, Mark Woolnough, said that it’s good news that financial wellbeing is rising.
“Almost half of all homeowners are making the most of the current low interest rate environment and are getting ahead with their home loan repayments, which is a good strategy that will help them to maintain their financial health well into the New Year,” said Woolnough.
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Majority of mortgage holders comfortable with home loan: ING DIRECT

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While all 37 leading economists and experts surveyed by Finder ahead of today's Reserve Bank meeting expect the cash rate to stay on hold this afternoon, three experts are tipping another cut to occur next year.
Last month, the Finder Reserve Bank Survey saw Australian Property Monitors’ Andrew Wilson tip a rate cut for the future, and he is now joined by two other experts.
Market Economics’ Stephen Koukoulas, joining the panel for the first time, and David Scutt from Scutt Partners also expect a drop next year. This would bring the cash rate from the current low of 2.50% to a new record low.
However, they are vastly outnumbered by those tipping the next move to be up – 92% of the panel. In total, 94% of the panel expect the cash rate to move in 2015, while 6% expect the next move to in 2016.
<img src="/images/2014/12/02/finder-dec-2-one.jpg" alt="">
Source: Finder Reserve Bank Survey
Michelle Hutchison, Money Expert at finder.com.au, said that it was interesting to see some experts tip a cut.
“It was also interesting to find some experts in the survey discussing the reality of a rate cut next year, with factors that could occur such as a falling housing market and slower growth in China and other foreign economies,” she said.
“There is a definite shift in the direction that the cash rate could take, with last month’s survey results showing all 33 experts were forecasting the cash rate to rise next year, including one expert (Andrew Wilson, Domain Group) predicting a rate cut before an upward cycle begins,” said Hutchison.
“But now there are three experts on the panel who are betting on a rate cut and others citing a possibility of a drop.”
In terms of today’s meeting, Wilson notes that there will be no impact from any change until next year.
“House price growth will track around inflation depending on local demand and supply drivers,” he said.
Koukoulas noted that the RBA has been slow to acknowledge the subdued nature of the economy, with an “unhealthy obsession” with Sydney house prices.
Meanwhile, Scutt said that the Australian Dollar remains overvalued, labour market conditions are still soft and commodity export prices have declined with the economy expected to grow below trend until 2016.
“They should be easing now but won't, at least in December. With house price appreciation slowing and targeted macroprudential tools still a strong possibility, if current domestic and international economic conditions remain subdued, the RBA will have little to prevent them easing early in the New Year.”
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Three experts tip interest rates to fall further: Finder RBA survey

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Australian mortgage providers had $1.25 trillion worth of housing loans on their books at the end of September, up 9% compared with the year before, according to the latest data from the Australian Prudential Regulation Authority.
This included $85.4 billion of new loans issued in the September quarter, which was 11.9% more than the value of new mortgages issued in the same quarter of 2013.
Major banks held just over $1 trillion of the residential loans, having lifted the size of their mortgage books by 8.7% over the year.
Other domestic banks increased their total loan books by 15% to $135.3 billion at the end of September. APRA noted that this jump in mortgages was partly due to the conversion of eight credit unions and one building society to banks during the year. However, separate research by mortgage broking network AFG, the AFG quarterly Competition Index, shows non-major banks did increase their market share of people who refinanced their mortgages.
Foreign subsidiary banks held $54.9 billion worth of residential mortgages, up 5.8% from September 30, 2013, APRA reported. 
In total, there were 5.2 million housing loans outstanding at the end of September, APRA’s data shows. The average balance was $239,000, up from $232,000 in September 2013.
Two thirds of the loans outstanding – $825 billion worth – were to owner occupiers. This was 7.6% more than at the same time in 2013. The remaining $425.3 billion worth of home loans were to investors, an increase of 11.9% compared with the year before.
Australian lenders also had $225.5 billion in commercial property loans at the end of September 2014, down by 0.4% from June 30, 2014 but 6.4% more than in September 2013, APRA figures show.
Commercial property located within Australia accounted for 83.1% of all commercial property exposures. Most of the properties were offices and retail property, which represented 30.3% and 22.4% of all exposures respectively.
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Australian lenders holding 9% more home loans than a year ago

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The Australian Prudential Regulation Authority (APRA) released their quarterly Authorised Deposit-taking Institution (ADI) Property Exposures data for September 2014 last week. 
The data always provides a valuable insight into current and historic mortgage lending by domestic ADIs and this quarter’s release was no different.
<img class="aligncenter size-full wp-image-4041" src="https://blog.corelogic.com.au/wp-content/uploads/2014/11/Chart-11.jpg" alt="Chart 1" width="500" height="180">
Based on the value of all outstanding mortgages by households to Australian ADI’s, there was $825.0 billion outstanding to owner occupiers (66.0% of all housing loans) at the end of September 2014 and $425.4 billion to investors (34.0%). 
Over the 12 months to September 2014, the total value of outstanding mortgages to owner occupiers has increased by 7.6% compared to an 11.9% rise in outstanding credit to investors.  This represents the greatest annual increase in owner occupier lending since June 2012 and the greatest rise in investor lending since December 2010. 
Much like other data received more regularly, the chart indicates that there is significantly more momentum in the investor lending space than that for owner occupiers where growth is more moderate.
<img class="aligncenter size-full wp-image-4042" src="https://blog.corelogic.com.au/wp-content/uploads/2014/11/Chart-21.jpg" alt="Chart 2" width="500" height="182">
At the end of September 2014, a record high 36.8% of loans outstanding had an offset facility, up from 34.2% a year earlier.  Also a record high was the 36.8% of all outstanding mortgages which were interest-only, up from 34.6% a year earlier. 
Just 0.2% of all outstanding mortgages were reverse mortgages and 2.7% were low documentation which was down from 3.6% a year earlier and at a record low proportion.  Other non-standard loans accounted for just 0.1% of all outstanding mortgages. 
It seems that more and more mortgagees are accessing offset accounts in order to reduce the interest payable on their mortgages and maximise repayments of the principal while interest rates are so low.  The data also indicates that a high proportion of lenders are accessing interest-only mortgages which seems somewhat counterintuitive at a time when interest rates are so low.
<img class="aligncenter size-full wp-image-4043" src="https://blog.corelogic.com.au/wp-content/uploads/2014/11/Chart-31.jpg" alt="Chart 3" width="500" height="181">
The average balance on all outstanding mortgages at the end of September 2014 was $238,700.  The average balance has increased by 3.0% over the past year. 
Loans with an offset facility ($284,600) and interest-only mortgages ($308,400) have much higher average outstanding loan balances. 
It is interesting to note that the annual growth in average outstanding loan balances has been much more moderate for mortgages with an offset and interest-only mortgages at 2.0% and 2.1% respectively. 
Encouragingly, the data also indicates that outstanding balances are reducing for low documentation and other non-standard loans as they become less common.  Over the past year the average balance has fallen by -3.1% for low-documentation loans and by -6.5% for other non-standard loans. 
With mortgage rates low and fewer of these loan types being written it seems those that have these types of loans are continuing to pay down these mortgages.
<img class="aligncenter size-full wp-image-4044" src="https://blog.corelogic.com.au/wp-content/uploads/2014/11/Chart-41.jpg" alt="Chart 4" width="500" height="179">
Turning the focus to new loans written over the September quarter, 62.6% of the total value of new lending was to owner occupiers and 37.4% was to investors. The proportion of new lending to investors has fallen from a record high of 37.9% in the June 2014 quarter. 
Based on this data it suggests that growth in demand for both owner occupier and investment lending may have peaked. 
Although after having trended lower over the previous two quarters, the annual change in new owner occupier and investment lending bounced in September, recorded at 6.9% and 21.4% respectively.
Article continues on the next page. Please click below.
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<img class="aligncenter size-full wp-image-4045" src="https://blog.corelogic.com.au/wp-content/uploads/2014/11/Chart-51.jpg" alt="Chart 5" width="500" height="181">
Over the September 2014 quarter, 0.7% of new loans approved were low-documentation, 42.5% were interest-only, 0.1% were other non-standard loans, 43.2% were third party originated loans and 3.5% were loans approved outside of serviceability. The 42.5% of new loans which were interest only was down from a record high of 44.0% over the previous quarter. 
 The data also seems to reflect the slowing of growth in investment demand, remember that interest only loans tend to be (but not always) reflective of lending for investment purposes.  
The ADIs seem to be increasing the usage of their broker channels with the 43.2% of loans originated by third parties the highest proportion since June 2008.  
With 3.5% of new mortgages approved outside of serviceability over the September 2014 quarter, this was down from a record high 3.7% over the previous quarter.
<img class="aligncenter size-full wp-image-4046" src="https://blog.corelogic.com.au/wp-content/uploads/2014/11/Chart-6.jpg" alt="Chart 6" width="500" height="180">
Looking at the loan to value ratios (LVR) of loans written over the September 2014 quarter,  25.2% of new loans had an LVR of less than 60%, 41.8% of loans had an LVR of between 60% and 80%, 20.9% had an LVR of between 80% and 90% and 12.1% had an LVR of 90% or more. 
The 12.5% of new loans with an LVR of more than 90% is the lowest proportion since June 2011.  The 25.2% of mortgages with an LVR lower than 60% was the highest proportion in a year. 
This falling proportion of loans above 90% LVR suggests there are proportionally less high-risk mortgages being written.
The data indicates that overall interest-only lending is continuing to rise however, new lending of this type has eased of late. 
Investment lending remains high and continues to ramp-up however, the rate of growth in new lending to investors does appear to have slowed.  Keep in mind that the December data will probably tell us much more given it encapsulates more of the spring selling season. 
Furthermore, after the RBA flagged that they and other regulators are looking at ways to cool investor exuberance with an announcement expected in December we may actually see a run on investor lending over the coming quarter.
It is of course important to remember that although investment lending has ramped up sharply over the past year, there is little to suggest that lending to investors is more risky than lending to owner occupiers.  Bill Evans provided some insight into Westpac’s investment lending late last week.  He noted:
<ul>
<li>Compared to owner–occupier applicants, investment applicants are older (75% over 35 years); have higher incomes and higher credit scores.</li>
<li>65% of investment loan customers are ahead on their repayments and 90+ days delinquencies are 0.37% compared to 0.47% for the full housing portfolio.</li>
<li>Westpac has an interest rate buffer approach to lending linking loan approvals to serviceability at a rate at least 180 basis points above the standard mortgage rate (5%).</li>
<li>All investment loans are full recourse and specific policies apply to holiday apartments and single industry towns.</li>
</ul>
<img class="aligncenter size-full wp-image-4047" src="https://blog.corelogic.com.au/wp-content/uploads/2014/11/Chart-7.jpg" alt="Chart 7" width="500" height="315">
Our concern about the high level of investment lending remains over the fact that investors are targeting the residential property asset class because of its superior returns.  While these returns remain superior demand is likely to persist. 
The concern then arises when other investment classes start to show superior returns will these owners exit the residential property class or remain in it for the long-term? 
As the above chart shows, investor activity is heavily concentrated within the capital city inner-city unit market.  Were many investors to exit the market at a similar time in search of superior returns that could have some serious repercussions for the inner city unit market and potentially the wider housing market too.
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Will investors desert residential property when returns start to dry up?

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The demand for fixed rates hit a nine month high in November as an increasing numbers of people choose to fix their mortgage, according to Mortgage Choice’s latest national home loan approval data.
Fixed rate loans accounted for 26.98% of all loans written last month, a slight uptick from 26.64% recorded in October.
Mortgage Choice spokesperson Jessica Darnbrough said that it is likely borrowers want certainty around their repayments as rates stay low.
“A growing number of borrowers are beginning to realise that while rates are low, they can’t stay this way forever. And as such, they are looking to fix their mortgage now while rates are sitting at historically low levels,” said Darnbrough.
“Furthermore, a lot of lenders slashed the interest on their suite of fixed rate products at the end of July and we are finally starting to see the result of those rate movements coming through in our data.”
Variable rates with an ongoing discount, however, remain the most popular product.
In New South Wales, fixed rates accounted for 34.13% of loans written in November, compared to 28.65% in Queensland. Meanwhile, South Australia recorded 20.23% fixed loans, while Victoria and Western Australia noted 19.77% and 16.94% respectively.
Darnbrough said it’s unsurprising to see variable rates still popular as they do remain low.
“That said, fixed rates are also very competitive which is why we are seeing an increasing number of borrowers opting for the safety of a fixed rate product. Of course with interest rates currently sitting at historical lows and Australia’s lenders competing aggressively for business, borrowers can be assured of securing a good rate regardless of which product type they opt for,” she said.
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Fixed rate demand at nine month high: Mortgage Choice

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GUEST OBSERVATION
Once again we have seen some commentators pushing for the abolition of negative gearing. 
The claim is that the government has lost some $13 billion dollars of revenue by allowing tax breaks through negative gearing to the 'so called rich'. 
As the government is trying to find savings to get the budget back in the black they have been criticized for asking the 'poor' to shoulder most of the budget cuts through GP co-payments, loss of family rebates, higher university fees, etc, etc, whilst so called 'rich' property investors are getting away with generous tax breaks through negative gearing. 
This is simply misrepresenting the facts.
Whilst taxpayers have claimed a total of $13 billion in losses in their tax returns, the actual revenue forgone by the government is calculated at their individual tax rates. 
Thus at an average tax rate of 35% the lost revenue is only $4.5 billion.
So the government has not lost $13 billion dollars by allowing negative gearing, but rather $4.5 billion.
Public housing provided by the government only accounts for around 4% of investment properties. The other 96% of housing is provided by the private investor.
Should they disincentivise property investment by removing negative gearing, we would see the government having to shoulder the weight of providing a much larger percentage of housing for tenants.
This would in effect cost the government much more than the $4.5 billion dollars a year in revenue forgone due to negative gearing.
In fact it would cost the government in the hundreds of billions to provide public housing.
You may recall that the Keating government attempted to remove negative gearing in the 80s but reversed their decision when the queues for public housing doubled.
Secondly there are around 1.6 million property investors in Australia and most of them are not so called 'rich'. 
In fact most property investors only own one property and fall into the category of middle class. They certainly are not considered 'rich'. 
In fact they should be applauded for the sacrifice to their lifestyle (due to the shortfall created by negative gearing) as they attempt to invest for their future and in so doing, reducing the government's burden in providing them an old age pension when they retire. 
In addition they save the government billions of dollars in not having to provide public housing for those unable to buy their own homes currently. 
Not to mention the knock on effect to the economy that property investors produce.
However negative gearing is only one piece of the jigsaw puzzle.
When it comes to the property market, many other factors such as jobs, interest rates, confidence, supply etc, have a far greater effect on the property market than negative gearing.
We need to have a growing economy which leads to increased revenues for the government as businesses do well and able to hire more people and with more jobs, our standard of living is improved. This will ensure the property market is stable and will continue to grow steadily.
Supply is a very important factor as successive governments have not provided the policies to generate more supply in past years. 
Ed Chan is non-executive chairman and founder of <a href="https://www.chan-naylor.com.au" target="_blank">Chan &amp; Naylor Property Accountants</a>.
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Negative gearing only one part of the property puzzle

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Around two thirds of Australians aren't in a truly competitive home loan, according to founder and director of <a href="https://www.ipac.com.au/" target="_blank">ipac</a>, Paul Clitheroe.
"Right now there are loans out there for a bout 4.55-4.6%. Most Australians are still  paying 5.2-5.3%," Clitheroe says.
"I just don't get it."
In this video he explains how you can save thousands of dollars by shopping around for your home loan.
{qtube vid:=xbnzMQ7pGXY}
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Video: Save by shopping around on your home loan

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GUEST OBSERVATION
Back in 2010 we received an enquiry about the real estate auction method in NSW and the sharp, deceptive practices that are sometimes used to enforce a contract.
A consumer buyer, whom we spoke to, believed they were induced to enter into a contract at auction by misleading and deceptive conduct and was considering a civil action against the agent and vendor involved. After listening to their concerns we decided to invest some time into completing a legal study of the real estate auction method, while obtaining some powerful legal advice along the way to substantiate the findings.
This is what we found.
The Statute of Frauds, is an Act passed in England in 1677. What has this got to do with modern-day Australia? Well, back in the 17th century, the law of contract was beginning to take shape. In particular it was becoming possible to enforce executory (future) promises.
The law of evidence, however, was still back in the dark ages. It did not allow anyone to give evidence to support their own case. It was possible to prove a case by simply getting 12 of your mates to come along and swear, for example, that so and so made a promise to pay some money.
This laid the way open to make fraudulent claims by simply getting others to commit perjury on your behalf. The answer was provided by the Statute of Frauds which stipulated that certain contracts had to be evidenced in writing. Not all contracts – only a limited class of contracts.
To this day, the same statutory provision, re-enacted (or even still applying in their own right in NT and WA) in the states and ACT, governs at least contracts involving interests in land and one or two other contracts. Still, to this day, the legislation is referred to generally as the Statute of Frauds.
The Statute of Frauds has, it must be said, got a bad smell about it. It can be used as a technical defence to a contract claim. That is, it enables someone who has committed himself or herself to a contract to simply wriggle out of it on the basis that there is not a sufficient writing to satisfy the legislation.
There is no merit, no plausible or understandable excuse for not performing; only a fortuitous, technical defence which would only be apparent to the person after they have talked to their lawyer.
The Statute of Frauds is invoked by a defendant in a breach of contract action. If the defendant can establish that the contract he has failed to perform is legally unenforceable because it has not satisfied the requirement of the statute, then the defendant cannot be liable for its breach.
For example, suppose that a plaintiff claims that a defendant agreed to pay her a commission for selling his building. If the defendant can demonstrate that no commission contract was signed, the statute of frauds will prevent the plaintiff from recovering the commission.
The legal advice we received, would be of interest to many auctioneers’ in NSW and other states in Australia. But firstly we need to establish that a bid is, in effect, an offer of a price for the property being sold, and the fall of the auctioneer’s hammer the acceptance.
Once the auctioneer’s hammer has fallen, the auctioneer has by implication the authority of the highest bidder to sign any memorandum on the bidder’s behalf embodying the conditions of the sale, such memorandum being sufficient to satisfy the requirements of the Statute of Frauds and the Sales of Good Act.
However, if a successful bidder for certain land at an auction sale refused to sign a written sale agreement, it would be difficult to enforce specific performance of an agreement to purchase the property under the Statute of Frauds. This is due to there being no expressed authority under auction laws in NSW and on the bidder’s register, which permits the auctioneer at the fall of the hammer to sign any memorandum or contract of sale on the bidder’s behalf.  
Although, in the old case of Phillips vs. Butler [1945], where a successful bidder declined to sign a contract for the sale of land at the conclusion of an auction, a judge ruled there was an irrevocable authority to sign the contract, due to evidence proving that both parties had finalised a contract and specific performance of the contract in this case was required.
However, this ruling to some may seem straightforward on its face, but not quite.
The auctioneer’s authority to sign on the purchaser’s and, if necessary, the vendor’s behalf is only an irrevocable authority once the contract is final and both parties have agreed to be legally bound.
Further to this, under contract law, for an agreement to be regarded as a contract, it must contain four essential ingredients: if any one of them is absent the agreement will not be legally binding.
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One of the essential ingredients of a contract is the ‘Intention of legal consequences’. The parties to the agreement must understand that the agreement can be enforced by law. For a contract to be binding, it does not have to expressly state that you understand and intend legal consequences to follow.
For commercial contracts your intentions are presumed, for example, to be legally bound. The parties to a contract can decide not to be legally bound by the agreement – this must be clearly stated and is then an agreement that is not legally enforceable.
In NSW under the standard contract for sale of land the following warning statement is located on page 3 of the contract:
“IMPORTANT NOTICE TO VENDORS AND PURCHASERS
“Before signing this contract, you should ensure that you understand your rights and obligations, some of which are not written in this contract but implied by law.”
This provision of the contract gives each party more freedom to further negotiate the terms of the contract before deciding to be legally bound. The negotiation stage of a contract would likely challenge and override the irrevocable authority to sign after the fall of the hammer.
Furthermore, the principles of contract law require that consideration be given for the contract to be valid. Consideration means that something of value for example a deposit was given to the vendor by the purchaser.
Under auction conditions in NSW, it doesn’t state that all bids must be unconditional and at the fall of the hammer is forming of the contract. Surprisingly, there is such a thing called conditional bidding and this is permissible at auctions in NSW and in the other states as well. It is advised that such information be disclosed to bidders prior to commencement of the auction; this not only will prevent allegations of mismanagement and fraud, but should also come as a timely reminder, that a successful bidder is not always a true unconditional bidder.
All estate agents should be aware, that all financial institutions have never operated in line with real estate auction conditions, therefore, any winning bidder who is still subject to a loan doc approval with the bank, should be given the courtesy and respect of their offer being made subject to finance.
In other words, if the winning bidder was restrained from signing the contract under auction conditions, due to unavoidable circumstances relating to finance approval, the contract of sale, should therefore be entered into under private treaty conditions and not under the traditional auction conditions. The contract would need to include also, a seller’s warning statement and remain on the market until such time the contract is unconditional.
National Unfair Contract Terms Laws (part of the Australian Consumer Law)
One of the most significant reforms for New South Wales businesses and consumers are the provisions addressing the use of unfair contract terms in standard form consumer contracts, contained in Part 2-3 of the Australian Consumer Law (commenced on 1 July 2010 at the Commonwealth level.
This law has the potential to create a basis for a significant amount of litigation. The definition of ‘unfair’ adopted in Part 2-3 may cause uncertainty over the enforceability of contract terms which favour one party over another, providing all consumers additional grounds upon which to challenge and potentially avoid their contractual obligations.
While there have not yet been any instances of enforcement of the national unfair contract terms law, publications released by the ACCC give some indication as to what will be considered to be an ‘unfair term’ under these provisions.
A term of a consumer contract will be void if:
<ul>
<li>The term is unfair; and</li>
<li>It is a standard form contract.</li>
</ul>
A consumer contract is defined as a contract for the supply of goods or services or a sale or grant of an interest in land to an individual whose acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use or consumption.
For example, a buyer acquiring an off the plan apartment for investment purposes will not be a ‘consumer’ because of their reasons for buying. However, if it is for their own occupation the buyer will be a ‘consumer’.
The test for unfairness, under Sch 2, s. 24(1) of the Act and s. 12BG of the ASIC Act, states that a term of a consumer contract is unfair if it:
<ul>
<li>Would cause a significant imbalance in the parties’ rights and obligations arising under the contract and</li>
<li>Is not reasonably necessary to protect the legitimate interests of the party who would be advantaged by the term and</li>
<li>Would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on.</li>
</ul>
All three limbs of the unfairness test must be proven, on the balance of probabilities, to exist for a court to decide that a term is unfair.
In light of the unfair contract law, businesses should prepare themselves and adjust the way in which they deal with individual consumers in the following ways:
<ol>
<li>Be aware and take note of whether a consumer is purchasing for investment purposes or for their own personal use;</li>
<li>Be willing to negotiate the terms of the contract with the consumer and keep detailed records of any negotiations;</li>
<li>Obtain an acknowledgement from the consumer that they are aware of and understand any terms  in the contract which may be seen to favour one party over another; and</li>
<li>Have your standard form consumer contracts reviewed to ensure that their terms are not at risk of being voided for being ‘unfair’.</li>
</ol>
Finally, the law in NSW requires that an agent must also; act honestly, fairly and professionally with all parties in a transaction. An agent must not mislead or deceive any parties in negotiations or a transaction.
Silent Auction – The Alternative Method
<a href="https://www.wikihow.com/Run-a-Silent-Auction" target="_blank">Silent auctions</a> are auctions held without an auctioneer. People place their bids on sheets of paper instead. They're often used by charities to raise money, but actually can be a useful method in real estate.
When there are multiple buyers under Private Treaty - converting to either a “Sale by Tender method (where buyers get one opportunity to put forward their most competitive offer and once the vendor makes their final decision on a specified time and date, the decision is announced) or “Silent Auction Method” makes perfect sense to avoid engaging in misleading and deceptive conduct.
As previously mentioned, the auction is "silent" in that there is no auctioneer selling the property and bids are written on a sheet of paper. After each pre-determined round, the agent announces the highest bidder. Bids continue to escalate in subsequent rounds. At the end of the final round, the highest registered bidder is the purchaser.
There are variations to silent auctions which may include sealed bids. The highest bidder pays the price he or she submitted. However, the capability of inducing bidders into error or refusing to disclose any competing bid relevant to the decision of the other party, would likely lead to an allegation of misleading and deceptive conduct. All agents must engage in full disclosure, but set pre-determine bidding increments at the start, to avoid non - genuine bidding on the day.
It is important to point out under the standard sales agency agreement, that services detailed in the agreement can be varied providing it is in writing and signed by both parties. Furthermore, the definition of an "auction" under the Property Stock and Business Agents Act 2002 refers to the person who claims the property submitted for sale at a certain price is named by the person acting as auctioneer. As with silent auctions there is no auctioneer. This gives real estate agency businesses the flexibility to draft terms and conditions that are not based on the unnecessary and unproductive rules of public auctions – only laws applicable to contract law and consumer law.
In closing the purpose of this article is to alert all agents, with intention of preventing any future allegations and claims of fraudulent misrepresentation in tort, when facilitating the sale of a property at auction.
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A RECENT COURT RULING:
Auctions — Did residential property bidder engage in misleading and deceptive conduct? (Carter &amp; Anor v Delgrove Holdings Pty Ltd &amp; Anor[2 September 2013] FCCA 783.)
This is an interesting decision from the Federal Circuit Court of Australia for its consideration of when the provisions of the Australian Consumer Law will apply to the sale of residential property.
Facts
The respondents were engaged in the business of property acquisitions for the purposes of deriving rental income. The first respondent was a company which was the trustee of a family trust and the second respondent was a director of the first respondent and a beneficiary of the family trust.
The second respondent attended the auction of the vendor applicants’ home in Western Australia. During the course of the auction, he placed a bid for $3.6 million. He was the only genuine bidder at the auction.
As the reserve price had not been met, the auctioneer suspended the auction to consult with the vendor. After gaining approval to sell at $3.6 million, the auctioneer recommenced the auction, inviting further bids. There were no further bids. The property was then knocked down to the second respondent. However, after the other potential bidders had left the property, he refused to sign the contract or pay the requested deposit asserting that he no longer wanted to buy the property.
When the respondents refused attempts at settlement, the property was placed upon the market again. Additional costs were incurred in respect of the marketing of the property. The property did not sell.
The vendor brought an application against the respondents for (inter alia) damages for misleading or deceptive conduct under s 18 of the Australian Consumer Law (ACL).
Section 18 of the ACL provides that “A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive”.
The respondents countered that the matter involved the sale of a private house without any business character and was not conduct in trade or commerce for the purposes of the ACL.
Decision
The court held that the s 18 misleading and deceptive conduct provision did apply even though the matter involved the sale of a private house without any business character.
It sufficed that the respondents were engaged in commercial activity (acquiring properties to rent out). However, despite the finding that s 18 applied, no damages were awarded because the vendor could not demonstrate that the loss incurred resulted from the respondents’ conduct.
George Rousos is director and training Consultant with <a href="https://www.itc.nsw.edu.au/" target="_blank">Industry Training Consultants</a>.
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GeorgeRousos-zguir4Lyg6

How the auction system is being derailed by contract and consumer laws

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Hi Margaret,
I am going to sell my family home and move into a new home.
But it's taking time to sell, so I wanted to take my first home off the market for a while and move into the new one, then sell at a later date. 
I won’t rent out my former home, so will I avoid CGT? 
Kind regards,
Andrea
Hi Andrea,
Capital gains tax (CGT) is one of the most misunderstood concepts in property investing, but in reality it’s quite simple.
CGT is not about whether you rent out a property or not, and many assets attract CGT even though they don’t produce income for you. When it comes to CGT on your family home, it is all about which property you intend to claim as your principal place of residence (PPOR), and you can only claim one. Any other property you own, regardless of if it is rented out or not, will accrue CGT. The value that becomes the cost base upon which the gain is calculated will depend on a host of things, from when it was purchased through to when it ceased being your principal place of residence exemption.
You can move out of your  PPOR for up to six years and still maintain an exemption on it, as long as you don’t have another property for which you claim that exemption. This allows home owners to be relocated for work, or move out and rent for a time, without CGT accruing. Remember that if you buy another property in that time, you must nominate one as your PPOR, and your intention for the nominated property is that it must be genuinely a home you have intention to reside in.
You are allowed a six-month overlap, however, so that you have time to move and set up a new principal place of residence.  Be very careful on this one, though – if you go over the six months  by even one day you may end up paying some CGT on the family home, calculated in most cases on the change in value form the day you moved out until the day it sells. This might be OK if the value has not increased since you moved out, but if there has been any type of value increase since you left it, you could be up for some tax.
Try not to be too alarmed – remember  CGT is incurred on only half the gain (as long as it has been held as an asset over 12 months) and although it is tacked on to the top of your other income and calculated at your highest marginal rate of tax, this may be a fairly small amount after all.
Have a property question? <a href="mailto:askmargaret@propertyobserver.com.au">Ask Margaret!</a>
This article was first published on Property Observer in February 2013.
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mlomas-KC9MUPZ6Ca

Can I avoid CGT when I sell my home? Ask Margaret

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A significant increase in interest rates may see property prices enter a correction phase, according to Empower Wealth’s Ben Kingsley.
In <a href="https://www.lookatproperty.com.au/episode/3308/look-at-property/Is-there-a-Property-Bubble" target="_blank">a panel discussion on Look at Property</a> this week, Ben Kingsley and observer Catherine Cashmore discussed the current market cycle and when a downturn may be expected.
Both were in agreement that a rise in interest rates may be a signal for an impending correction.
“Right now, because interest rates are so low, affordability looks still great back to 2002, according to CBA data … When interest rates are low, it makes values look higher,” explained Kingsley.
“If interest rates start to actually increase significantly, we’ll probably see a correction of some description in the market place,” he said.
Cashmore looked towards the common cycles in housing markets to draw similar conclusion.
“Housing cycles are long-term affairs, so they typically run around 18 to 20 years and within that period they have a mid-cycle downturn, which usually happens around nine years after the low,” she said, pointing to Christopher Joye’s expectation of a mid-cycle downturn.
“You will probably see that happen as interest rates start to rise and you could see a correction in prices. It won’t effectively be a crash as such, we have longer to go,” she said.
Interest rates are expected to begin increasing next year, with the majority of experts in <a href="/expert-insights/finance/interest-rates-expected-to-rise-for-three-years-here-s-when-the-first-hike-will-be-finder">Finder’s Reserve Bank survey opting for this forecast</a>.
At present, June 2015 is the most common prediction for the first increase.
ANZ is on record <a href="/expert-insights/finance/more-than-one-interest-rate-rise-on-the-cards-for-2015-anz">predicting multiple interest rate increases across 2015</a>.
The Organisation for Economic Cooperation and Development (OECD) have also <a href="/expert-insights/finance/oecd-advises-rba-to-lift-interest-rates-and-cool-house-prices-in-2015">advised the Reserve Bank to lift interest rates </a>from the second quarter of 2015.
The move would prevent housing prices rising to risky levels and then unwinding sharply, say the OECD.
 
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