The new <a href="https://www.apartments.com.au/new-apartments/yarraville-green-42-stephen-street-yarraville-vic-3013">Yarraville Green</a> development in Melbourne's inner west is showing that landscaping can be just as influential as architecture, with buyers responding strongly to the garden-first approach adopted from the outset by developer Excelon Projects and the project's design team.

Excelon appointed Six Degrees Architects and landscape architects SBLA to work collaboratively on the development, with a brief to create "a sustainable, design-led building with a focus on community."

That approach has resonated with buyers. According to Next Chapter Director Tom Hirini, who is leading the sales campaign, the landscaped communal garden has become one of the project's defining features, alongside its boutique scale and European-inspired cluster housing concept.

Local downsizers, right-sizers and established families already living in Yarraville and surrounding suburbs have accounted for the majority of purchasers.

[smartcode_project:default project_id=144913 project_image_fid=297740]

Yarraville Green will comprise 53 homes, including apartments and townhomes, arranged around the shared central garden to maximise connections to the landscaped open space. Parking has been moved underground, allowing the ground plane to be dedicated to greenery, pedestrian movement and communal spaces.

The landscape extends well beyond passive planting. Productive garden beds, a pergola, communal gathering spaces, garden sheds and a pet wash have all been integrated into the masterplan, creating spaces designed to encourage everyday interaction between residents.

[smartcode_project:default project_id=144913 project_image_fid=297741]

The interiors continue Excelon's focus on craftsmanship, incorporating bespoke elements by Melbourne artisans including leadlight detailing by Adadaz, hand-turned timber hardware by Auburn Woodturning and blown-glass lighting by Ruth Allen.

Sustainability has also been embedded throughout the project, with Yarraville Green targeting an average 7-star NatHERS energy rating through passive design principles, rooftop solar servicing common areas and rainwater harvesting for landscape irrigation.

[smartcode_project:default project_id=144913 project_image_fid=297735]

Construction continues to progress at Yarraville Green, with structural works well underway and framing works approaching completion under builder Balmain &amp; Co. The project remains on track for completion in mid-2027.

Apartments at Yarraville Green are currently priced from $625,000, while townhomes start from $1.4 million.

[smartcode_project_cta:default project_id=144913]

Joel Robinson

Garden-led design drives buyer demand at Yarraville Green

National diversified developer Fortis has officially launched Crest &amp; Walker, its latest Brisbane apartment development, with construction now underway on the 20-storey Newstead project.

Award-winning builder BINAH has commenced construction on the Bureau^Proberts-designed building, which will deliver a limited collection of 65 two and three-bedroom apartments on Kyabra Street.

[smartcode_project:default project_id=145922 project_image_fid=373556]

The project marks Fortis' fourth active residential development in Brisbane, following River House, which is nearing completion, alongside projects in New Farm and Hamilton as the national developer continues to expand its South East Queensland pipeline.

Fortis General Manager – Development Queensland Dan Boman said Crest &amp; Walker reflects the developer's long-term commitment to delivering design-led residential projects in Brisbane's established inner-city suburbs.

"We're proud to be strengthening our presence in Brisbane with Crest &amp; Walker, particularly in such a sought-after lifestyle destination as Newstead," Boman said.

"Every Fortis project is shaped by its context, and we approach each one with the respect and care it deserves.

"Our focus is always on creating places that feel connected to their neighbourhood and elevate the everyday experience for residents. Newstead continues to evolve as one of Brisbane's most sought-after urban communities, and Crest &amp; Walker reflects our ambition to contribute meaningfully to that story."

[smartcode_project:default project_id=145922 project_image_fid=373559]

Positioned between Gasworks Plaza and James Street, <a href="https://www.apartments.com.au/new-apartments/crest-walker-newstead-12-kyabra-street-newstead-qld-4006">Crest &amp; Walker</a> has been designed as a boutique residential address offering privacy and generous living spaces within one of Brisbane's most established lifestyle precincts.

The building features a contemporary brick podium softened by integrated landscaping, while the upper levels are characterised by restrained architecture and enduring materiality. Interiors have been designed to maximise natural light, acoustic performance and long-term liveability.

[smartcode_project:default project_id=145922 project_image_fid=373583]

Residences comprise spacious two and three-bedroom floorplans, with two-bedroom apartments priced from $1.55 million and three-bedroom, half-floor residences from $3.95 million.

Residents will have access to a wellness-focused rooftop featuring a swimming pool, sauna, steam room, landscaped dining spaces and outdoor lounge areas overlooking Newstead and the Brisbane CBD.

[smartcode_project:default project_id=145922 project_image_fid=373571]

Sales are being managed by Slaite Projects, with Fortis expecting strong demand from owner-occupiers seeking a high-quality, design-focused apartment in one of Brisbane's most tightly held inner-city suburbs.

Completion of Crest &amp; Walker is slated for late 2028.

[smartcode_project_cta:default project_id=145922]

Fortis expands Brisbane pipeline with launch of Crest & Walker in Newstead

The enormity of delivering a true skyscraper in Australia's new development market is often overlooked.

It has taken the best part of a decade since plans for Chevron One were first unveiled, but the 41-storey tower is now complete, with residents collecting their keys and moving into what has become one of the Gold Coast's most recognisable new landmarks.

Rising 127 metres above Chevron Island, Chevron One stands almost twice as high as any other building on the island. Its scale places it alongside the trio of towers at Jewel, arguably the last truly significant addition to the central Gold Coast skyline when they were completed around six years ago.

While there are several developments underway around a similar height to Chevron One, they are more concentrated within clusters of the highest towers in the city. The fact Chevron One sits within a developing precinct, looking back at the other high-rise developments in Surfers Paradise and Broadbeach, makes it a different proposition altogether. It will certainly become a reference point on the Gold Coast skyline.

[smartcode_project:default project_id=6515 project_image_fid=68833]

Developer Bensons Property Group is behind the 41-storey tower, which has 229 apartments, along with an exhaustive list of resident amenity spread across what is the largest development site ever assembled on Chevron Island.

The tower has been the talk of the town for years, says Ray White Projects Gold Coast agent Caitlin Rosenboom, who is selling the remaining apartments.

"People have been watching Chevron One go up for years," Rosenboom says, adding that many prospective buyers have been surprised by the scale of the views once they step inside.

"It's only when they walk through a completed apartment that they truly understand the position of the building," Rosenboom says.

"The views are jaw-dropping. Whether you're looking east over the ocean, across Surfers Paradise, along the river systems or out to the hinterland, every level offers something different but equally impressive."

[smartcode_project:default project_id=6515 project_image_fid=360215]

One of Chevron One's defining advantages is its location on the eastern side of Chevron Island on Stanhill Drive, a position which protects the views forever.

"There's only one row of houses between Chevron One and the water, and the height restrictions along the river means views from Chevron One can never be built out,"&nbsp;Rosenboom says.

While new apartment developments continue to emerge across the Gold Coast, Rosenboom says opportunities to secure a completed apartment with this level of outlook are becoming increasingly rare.

"The size of the site is something that would be incredibly difficult to replicate today," she says.

"That's allowed Chevron One to deliver the sort of amenity, open space and resident facilities that very few projects can offer. There are not many completed apartment buildings on the Gold Coast right now that can compete with the combination of scale, quality and amenity."

[smartcode_project:default project_id=6515 project_image_fid=68839]

There's around 2,000 sqm of amenity solely for the use of residents of Chevron One. Club One features a uniquely shaped swimming pool that mirrors the footprint of the building itself, set within a extensively landscaped gardens. There's also an indoor pool and spa, a fully equipped gym with a Pilates room, a yoga garden, a bookable private dining area and lounge that can host up to 30 people, and a 24-hour concierge service.

As for the buyers, Rosenboom is fielding enquiry from everywhere: Sydneysiders and Melburnians looking at the new and off-the-plan market following the changes in the Federal Budget, as well as those looking to relocate, through to South East Queenslanders seeking either a permanent home or a weekender bolthole.

"The Gold Coast lifestyle continues to resonate with people relocating from the southern states, and when they see the views and the quality of what's been delivered at Chevron One, it becomes very easy for them to understand the appeal," Rosenboom says.

A diverse mix of one, two and three-bedroom apartments remain available, with each offering "something a little different", be it the orientation and views, configuration, or level, to suit a wide variety of buyers.

The remaining apartments are ready to inspect in person, by appointment.

[smartcode_project_cta:default project_id=6515]

A decade in the making: Residents to move into Chevron One as construction wraps up

A general rule of thumb in new apartment developments is that the penthouses get the rooftop.

It's a formula that's become commonplace across Australia's apartment market. Residents might have access to a pool, gym or barbecue facilities on a dedicated lower level, but the most desirable outdoor spaces are typically reserved for the highest-priced homes at the top of the building.

<a href="https://www.apartments.com.au/developers/sherpa-property-group">Sherpa Property Group</a> has taken the opposite approach.

Rather than dedicating the rooftop to a handful of buyers, the Gold Coast developer has made it the centrepiece of its Flourish collection, creating expansive shared spaces from the best vantage point in the building.

The philosophy has reached its most ambitious expression at <a href="https://www.apartments.com.au/new-apartments/flourish-soleira-palm-beach-1150-1160-gold-coast-highway-palm-beach-qld-4221">Flourish Soleira</a> in Palm Beach, where two rooftop precincts connected by a skybridge will deliver one of the most extensive lifestyle offerings seen in a residential apartment project on the Gold Coast.

[smartcode_project:default project_id=150017 project_image_fid=374053]

"We're seeing a clear move toward developments that offer more than just an apartment," Sherpa Group founder Christie Leet said.

"People want spaces that support how they actually live, whether that's working from home, staying active, or spending time with family and friends.

"That's where amenity becomes critical. It's not just about what's included, but how those spaces are designed to be used every day."

[smartcode_project:default project_id=150017 project_image_fid=374052]

The breadth of amenity has already attracted buyers across multiple demographics. Younger first home buyers have been drawn to Soleira's one-bedroom apartments, a product rarely delivered in Palm Beach, while families have responded to practical inclusions such as the shallow children's pool adjoining the main lap pool and the extensive communal recreation areas.

Instead of a single rooftop, Soleira delivers two distinct lifestyle zones.

[smartcode_project:default project_id=150017 project_image_fid=372547]

The southern rooftop has been dedicated to wellness, featuring a gym, yoga and Pilates studio, work-from-home facilities, a wellness centre, spa, and hot and cold plunge pools.

The northern rooftop focuses on recreation and entertaining, incorporating a heated resort-style pool, private dining rooms, pizza ovens, barbecues, a golf simulator, children's recreation areas, and what is expected to be the Gold Coast's first rooftop basketball court, which will also double as a squash court.

[smartcode_project:default project_id=150017 project_image_fid=374054]

Beyond the rooftops, Soleira will introduce 1,500 sqm of curated retail beneath the towers, creating one of Palm Beach's first genuinely mixed-use lifestyle precincts where cafés, restaurants and convenience retail become part of residents' everyday lives.

Sherpa has also retained management rights across the development, allowing it to oversee the long-term operation of the building through a 24-hour concierge model. The developer is also exploring additional revenue streams within the precinct aimed at helping offset ongoing body corporate costs for residents.

[smartcode_project:default project_id=150017 project_image_fid=370962]

While Soleira is the largest project Sherpa has delivered, the rooftop-first philosophy has been evolving for several years.

It began with <a href="https://www.apartments.com.au/new-apartments/amargo-6-12-sixth-avenue-palm-beach-qld-4221">Flourish Amargo</a>, the first project released under the Flourish brand. Rather than competing at the ultra-luxury end of the market with oversized half-floor and full-floor residences, Sherpa focused on creating lifestyle-driven apartments supported by resort-style shared spaces.

Amargo introduced more than 800 sqm of rooftop amenity, combining wellness facilities, heated pools, entertaining areas, cabanas, pizza ovens and private dining spaces into what was designed as an extension of residents' homes rather than a facility used only occasionally.

[smartcode_project:default project_id=146527 project_image_fid=366550]

That approach continued with Flourish Oasis, where the same amenity-led philosophy was refined into a more boutique development. Strong demand from Sherpa's growing VIP database saw much of the project sold before it reached the broader market, reinforcing buyer appetite for apartment communities centred around shared lifestyle experiences.

Flourish Amargo is slated for completion mid-way-through next year, with Oasis to be delivered by late 2027. Flourish Soleira is expected to complete in 2030.

[smartcode_project_cta:default project_id=150017]

Sherpa takes amenity to the sky as Flourish Soleira captures booming Palm Beach demand

As apartment living continues to evolve across Sydney's growth corridors, the quality and distribution of shared spaces is increasingly shaping how residents experience home. Rather than functioning as add-ons, amenities are being embedded into the daily rhythm of a building, supporting everything from quiet retreat to social interaction, often within a single vertical community.

At <a href="https://www.apartments.com.au/new-apartments/aeris-melrose-park-nursery-street-melrose-park-nsw-2114">Aeris</a> in Melrose Park, this approach is resolved through a layered amenity offering that unfolds from ground level through to its upper podium. Developed by <a href="https://www.apartments.com.au/developers/sekisui-house-australia">Sekisui House Australia</a> in partnership with Hankyu Hanshin Properties, the project introduces 468 apartments across two towers and a mid-rise building, positioned at the highest point of the broader masterplan.

[smartcode_project:default project_id=426 project_image_fid=359199]

The amenity experience begins at street level, where two courtyards sit within a landscaped setting that connects residents to the wider network of parks and green spaces. These green spaces are not isolated pockets but part of a wider pedestrian network that links Aeris to the surrounding <a href="https://www.apartments.com.au/developments/melrose-park-nsw-2114">Melrose Park</a> precinct, including Central Park, future schools, and the Town Centre opening in July 2026. The result is a transition that moves from public to private without abrupt boundaries, allowing residents to pass through shaded, tree-lined environments before reaching the building itself.

Moving upward, the focus shifts to the level five podium, where the primary communal facilities are concentrated. This space brings together a 16-metre swimming pool, outdoor seating areas, and a communal BBQ zone arranged to take advantage of elevated outlooks. Seating is positioned beneath pergolas, creating pockets of shade that extend the usability of the space throughout the day. The pool edge aligns with views toward the wider district, reinforcing the sense of elevation that defines the project’s positioning.

In the adjacent building, this is complemented by quieter, more contemplative spaces, including an outdoor cinema set within the same level. Positioned to operate primarily in the evening, it introduces a different tempo to the shared environment, shifting from daytime activity to after-hours use without requiring separate zones.

[smartcode_project:default project_id=426 project_image_fid=360299]

The podium also accommodates an intimate private resident gym. Located on the lower levels, it gives residents convenient access to fitness facilities without leaving the building.

Above, the elevated podium sky deck extends the amenity offering, providing additional open-air spaces with elevated outlooks across the surrounding landscape. While more restrained in program, this upper level reinforces the project’s vertical progression, from ground-level greenery to elevated outlook, allowing residents to move between distinct spatial conditions within a single address.

This distribution of amenities reflects a deliberate response to how residents use space across the day. Sekisui House Australia Sales and Marketing Director Peter Kalaf points to the role these shared areas play in shaping buyer demand. Aeris has been conceived as more than a collection of apartments, with the podium pool, gym and outdoor cinema forming part of a broader lifestyle offering that extends the home beyond each individual residence.

[smartcode_project:default project_id=426 project_image_fid=360300]

What distinguishes Aeris is not the inclusion of these elements individually, but how they are arranged in relation to one another. Active, social, and passive spaces are layered vertically rather than separated, allowing residents to choose between them without leaving the building or moving far from their apartment. This proximity supports both routine use, such as a morning swim or evening workout, and more occasional gatherings, whether around the BBQ area or within the cinema setting.

The amenity design also sits within a broader framework of connectivity across Melrose Park. The Melrose Park Town Centre, anchored by Coles and Dan Murphys, features a mix of retail, dining, health and lifestyle offerings, bringing everyday convenience closer to residents. By the end of the year, more than five hectares of parks and open space, equivalent to around seven football fields of green space on residents' doorstep, will further enhance the precinct, allowing the internal facilities at Aeris to operate as an extension of the wider neighbourhood rather than a substitute for it.

Construction at Aeris continues to gather momentum, with ground floor slabs expected to be completed in late 2026 before the first sections of the buildings begin to rise above ground.

[smartcode_project_cta:default project_id=426]

Elevated amenity anchors daily life at Aeris, Melrose Park

Development

<html><body>
Today I met with two of my lovely clients to celebrate the completion of their dual occupancy project. Friends Karen and Katie decided to do a joint venture (JV) with the goal of each ending up with a villa after subdivision.
The ladies were not new to property, they both own their own homes and at times an investment property or two but as corporate business women were understandably time poor.  Their goal was to build their property portfolio and share the experience of their first development.  By working together, they would have each other to bounce off any worries and fears as well as celebrate the major milestones.
Their JV worked like a dream as they each brought a different skill set to the project with Karen being focussed on fine detail and Katie on big picture.
"The one thing we didn't want was the development project and JV to impact on our friendship" Katie explained. 
Karen found that it was easier and less stressful going into the JV and her first development project than it was buying her first pre-built investment property.  “Katie and I trusted each other implicitly and we trusted Property Bloom’s experience” Karen said, “and that trust was proven true.  Without exception Property Bloom took care of all the details, keeping everything on track”.
Karen and Katie’s project commenced in October 2014 and was completed within fourteen months.
The moment the land was secured Property Bloom began the DA approval process enabling the DA to be lodged before settlement on the land.  There is a lot of work involved in getting a DA prepared -  detailed survey, geotechnical report and engineering just to get the plans finalised before then organising the Statement of Environmental Effects, Basix report, Bushfire report and plans and external materials and colours to be approved by the land developer. 
But that was the easy part.  The bigger challenge was getting the actual approval from Council!
Now, admittedly, Christmas did fall whilst the DA was in council so that didn’t help but we were surprised after so many weeks of processing and with the DA approval just within in our grasp (or so we thought) that the town planner then demanded a change to the entire roof design.  This involved changes to the engineer's drainage plan as well so it was not a small change.  We were furious with the lack of consistency as a previous and very similar DA sailed through council without this change request.
Once we had the DA approval in our hands we handed over the Construction Certificate approval to our private certifier who is markedly faster than council. There was no further hold ups and construction commenced in July 2015.
By Christmas 2015, less than 6 months later, the project was completed!
The villas came up beautifully and were quickly leased at a good rent with the ladies enjoying close to a 7% gross yield and very pleased with the equity created.
But that wasn’t the end of it.  The final, and biggest decision of all was……. how to divide the villas? Who would end up with which one?
 The villas were almost identical in size but to keep them unique they had different floor plans, different front facades and internal finishes and slightly different private outdoor space sizes.  After some discussion and internal agonising, it was decided that a flip of a coin would determine the outcome.  Let fate decide!  So in a nail salon Katie and Karen stood watching as a stranger they'd asked, flipped a coin into the air.
The villas will be split by way of a Deed of Partition which is a great way for joint venture partners to work together and then end up with a property each. Talk to your solicitor about how this is managed as you must ensure the Deed is formed before the subdivision of the villas is registered.
“The best things we liked about this project were the ease with which it was executed and the stunning look of the finished villas which we could easily imagine living in ourselves”, said Karen.   “All the details were managed by Property Bloom.  “I was doing an extension on my home at the same time and the stress I went through in organising that project was divorce material…. almost.  In comparison, the development of our villas happened in the background, any stresses and concerns absorbed by Jo and her team.  And the best part is that my friendship with Katie has never been stronger, our trust in each other proven.”
 
Jo Chivers is chief executive officer of property development project managers <a href="https://www.propertybloom.com.au/about" target="_blank">Property Bloom</a>.
</body></html>

jochivers-wq5Bp59R5a

Developing property and friendships: Jo Chivers

<html><body>
GUEST OBSERVER
Proposals by the NSW Government to reopen Parramatta Gaol will stop the exciting urban renewal proposals for North Parramatta. 
The NSW Government seems to now have two contradictory approaches for the renewal of North Parramatta.
On one hand UrbanGrowth NSW proposes new residential towers around the old gaol and the proposed light rail will connect the precinct while on the other hand the government proposes to reopen the gaol which does not send a welcoming signal to incoming residents.
The NSW Government has given a positive focus to Parramatta as the second CBD for Sydney which is reflected in strategic planning and the announcement of the proposed light rail. This has led to strong market interest in developing residential and commercial buildings in the city centre and in the North Parramatta campus.
Their proposal to relocate the Power House museum to Parramatta adds to the build-up in confidence that the city is becoming a very desirable place to live and work in.
The confidence that is growing about Parramatta’s maturity as a cosmopolitan centre could be set back by the reopening of a gaol on the city’s doorstep. The reopening would certainly be a setback for the government’s recently announced plans to provide much needed housing on the land adjacent to the old gaol. The proposed urban renewal will reinforce the connection to jobs in the Westmead Medical Precinct and have all of this connected by light rail.
There must be other options for a new gaol that does not disrupt the exciting urban renewal of Parramatta and its surroundings.
Chris Johnson is chief executive officer of property development industry group Urban Taskforce and can be contacted <a href="https://www.urbantaskforce.com.au/index.php?option=com_content&amp;view=article&amp;id=97&amp;Itemid=126#.Vdaart55dFI" target="_blank">here</a>.
</body></html>

mick.cee-iDmgDDAmu8

Reopening Parramatta Gaol will stop the renewal of North Parramatta: Chris Johnson

<html><body>
The development of Parramatta is on serious turbocharge right, prompting its rating it on John McGrath's top suburb picks in last year’s annual McGrath Report.
He indicated there were two key reasons:
• Commercial and infrastructure activities in and around Parramatta are leaving much of Sydney in their wake with many smart companies choosing to relocate closer to their employees 
• The activation of the river which has for many years been a forgotten waterway
McGrath recent advised he considered Parramatta among Sydney’s next major hot spots for property price rises. 
"When we talk about property hot spots, most people think of small, unknown, undeveloped pockets of a city; or perhaps areas on the outskirts set to benefit from something new, like a road upgrade or new train line.
"We don’t often think about major established centres but Parramatta is different.
"While it’s been Sydney’s second CBD for a long time, it’s now becoming Sydney’s new heart," he blogged on Switzer noting about $8 billion in construction projects are on the way along with further billions in new public infrastructure both in and around Parramatta CBD. 
"We’re talking new commercial centres, luxury residential apartments, recreational spaces, educational facilities, modernised streetscapes and major new transport."
He noted the population was changing in both size and character.
"It’s going from blue collar to white collar with more tertiary-educated locals working in higher paid jobs. 
"All of this will have a major and direct impact on property prices over the next 5-10 years."
He noted the median price for a three bedroom house in Parramatta was around $788,000 and a two bedroom apartment $586,000.
"Compare this to an inner city suburb close to Sydney’s CBD like Surry Hills, where a three bedroom house is $1.616 million and a two bedroom apartment is $950,000.
"Value, value, value!," he said.  
The most exciting development underway is the $2 billion Parramatta Square project, a three hectare site in the middle of the CBD that will comprise several new commercial and civic buildings, apartments, retailers, eateries and recreational facilities.
It will be home to a new University of Western Sydney Campus (completion due early 2017) as well as the Aspire residential tower, which will be the tallest residential building in NSW (completion due late 2019). 
In terms of public transport, Parramatta is being touted as Sydney’s ‘new Central’ with major projects to benefit the area including plans for a light rail network; the WestConnex road project; the North-West Rail Link project; and a new airport at Badgerys Creek. 
Australian and foreign developers are also recognising the enormous scope Parramatta has for new residential and commercial buildings – certainly far greater than the CBD. 
According to RP Data, Parramatta house prices rose by 27.3% in 2015 while Sydney as a whole grew by 11.5%.
"The rise of Parramatta – and its home values, is well underway!"
</body></html>

jchancellor-FAypfDUnLy

Parramatta is on turbocharge to be property hotspot: John McGrath

<html><body>
GUEST OBSERVER
In a decision before the New South Wales Supreme Court in February 2016, Justice Ball of that Court considered some unusual circumstances surrounding an adjudication application in J Hutchinson Pty Ltd v Glavcon Pty Ltd. 
As the title suggests part of the controversy surrounded allegedly false declarations being relied upon by the subcontractor joiner, Glavcon Pty Ltd (Glavcon), in support of a payment claim with respect to joinery work at the Bondi Pacific Development at Bondi Beach in Sydney. 
What follows is a short review of the case with respect to the providing of an allegedly false declaration and the impact that had upon the validity of the adjudication in light of the provisions making void attempts to contract out of the Act. While there are other interesting issues discussed in the case, these are the ones that we will concentrate on:
<div class="page__block">
<div class="page__text news--text page--right-shadow top-padding">
Facts
The subcontract required as a pre-condition to a reference date arising under the New South Wales Security of Payment legislation (SOPA), and consequently being able to make a progress claim, that the subcontractor submit a declaration that not only had the subcontractor’s suppliers  been paid all monies due and payable, but also confirming payment of workers compensation insurance premiums. 
The payment claim in question was accompanied by a statutory declaration signed by the sole director of Glavcon, stating that all workers compensation insurance premiums payable had been paid. 
The matters were not raised in any detail before the adjudicator and indeed J Hutchinson Pty Ltd (Hutchinson) did not become aware of the problems of any declaration until after the adjudication. Hutchinson subsequently became aware of the Workers Compensation insurer commencing proceedings to wind up Glavcon for failing to pay a statutory demand in respect of workers compensation insurance premiums. 
The Adjudicator had already handed down his determination in favour of Glavcon to an extent of approximately $1.2 million plus GST of a $2.9 million claim.  It was alleged by Hutchinson that as a consequence, the adjudication was obtained by fraud as if the matters had been known at the time of adjudication the Adjudicator would have withheld any payment and not resulted in an adjudication in favour of Glavcon.
Findings
During the hearing, the Court paid particular attention to what the sole director did and did not know concerning the workers compensation payments and whether it was reasonable in the circumstance for that director to rely upon advice given to him by others. The following matters were reviewed and taken to be relevant to this consideration:
<ul>
<li>The identity of who administered the paperwork being supplied to the director.</li>
<li>The director's knowledge and recollection of who prepared the statutory declaration.</li>
<li>The assumption by the director that the person responsible would have alerted him to any incorrect material.</li>
<li>The director’s lack of awareness of the non-payment of the workers compensation premium until following any adjudication.</li>
<li>The director’s actions subsequent to becoming aware of non-payment (payment).</li>
<li>The evidence of the solicitor for Glavcon concerning approaches to parties to give evidence, their refusal and the reasons for their refusal.</li>
</ul>
In the end the Court paid due regard to the serious nature of the allegation and the level of satisfaction it needed to have to make out an allegation of fraud. The Court considered that the allegation wasn’t made out and there was insufficient evidence with respect to whether or not the sole director intentionally or with due recklessness executed the declaration.
Evidence was further reviewed in relation to the sole director’s general duties and understanding, and who he relied upon. It was said to be reasonable in the circumstances to rely upon others where his focus was directed elsewhere to sales, contracting and supervision of the workforce and factory. 
The Court held that even if the declaration could be said to be knowingly or recklessly false the precondition for making a reference date was a matter that was void pursuant to the provisions of section 34 of SOPA. Section 34 deals with “no contracting out” and has similar wording to the Queensland and Victorian provisions. 
His Honour took up comments made recently by Justice Applegarth in the Queensland Supreme Court decision of Lean Field Developments Pty Ltd and E&amp;I Global Solutions (Aust) Pty Ltd -
 ‘……in my opinion a provision in the contract that makes the occurrence of a reference date conditional under a provision of a statutory declaration or a true statutory declaration concerning the payment of other amounts owed by the subcontractor falls into that category.  That is not a provision which provides the mechanism for fixing a date.  Rather it is a provision that seeks to add an additional condition to the right to obtain a progress payment….  A condition that sets out a form of a payment claim may, for example fall into that category.  However the apparent purpose in this case of the requirement to supply a statutory declaration in the form of Annexure Part M is to make the payment of progress payments conditional on the payment by Glavcon of the workers compensation premiums.  It is not clear how that furthers the purpose of the Security of Payment Act which is to ensure that those who do construction work have a cash flow from that work they do so that they are in the position to meet their financial obligations.’
The circumstances of this case made it to some extent irrelevant whether the declaration was intentionally false or not because of the non–contracting out provisions, but nevertheless makes some interesting conclusions and demonstrates how difficult it is to prove.
This case adds to a growing number that draw a clear distinction between clauses that serve some practical mechanism for fixing a reference date as opposed to putting further hurdles in front of a subcontractor for no apparent practical reason, which will be struck down as void.
Tony Mylne<a href="https://www.tresscox.com.au/page/our-people/partners/tony-mylne/" target="_blank"></a> is partner, Tress Cox Lawyers Brisbane and can be contacted <a href="https://www.tresscox.com.au/page/our-people/partners/tony-mylne/" target="_blank">here</a>.
</div>
</div>
</body></html>

Property 101: Bondi Pacific building & construction CaseFlash: Impact of False Declarations on a Payment Claim

<html><body>
Banyan Tree Group are set to develop a $150 million luxury private residence development in Kangaroo Point, Brisbane.
Banyan Tree Residences Brisbane will comprise of 76 freehold private residences over 10 levels, four penthouses (three with rooftop infinity pool and private garden terrace), 27 three-bedroom apartments and 45 two-bedroom apartments.
Banyan Tree Group executive chairman Ho Kwon Ping said construction is slated to commence in the second half of 2016, with completion expected in late 2018. 
"We are excited to launch our first Banyan Tree branded residences in Brisbane," he said.
"The city was a natural choice given its 2.2 million residents and $135-billion-dollar economy. As the leader in the country’s infrastructure boom, there are strong growth projections for Brisbane as it continues to transform and evolve."
For more information, <a href="https://www.banyantreeresidences.com/brisbane/homepage" target="_blank">click here</a>.
</body></html>

Banyan Tree expands into Australia with luxury $150 million Brisbane residential project

<html><body>
GUEST OBSERVER
Infrastructure Australia’s latest report, Australian Infrastructure Plan, is a substantial contribution to better infrastructure planning.
For our cities, it cogently argues for more compact settlement patterns and transport pricing reform. However, it has some substantial weaknesses.
<h2>Integrating land use and transport priorities</h2>
The report’s discussion about the need for more compact cities is impressive but falls into the same trap as the state governments it criticises for failing to adequately integrate land use development directions and transport priorities.
The Infrastructure Priority List is rather light on initiatives that will support development of Australia’s four largest cities as more compact cities, rather than just cities with a compact core.
For example, while many public transport projects are included, these are mainly rail projects focused on feeding central business districts. These are worthy projects that will improve services and promote agglomeration economies. However, they deal with only part of the overall public transport needs for development of more compact cities.
The report clearly recognises that higher-frequency public transport services will be needed more broadly across our cities. It includes some rail projects for growth areas and bus rapid transport in some locations. It does not focus sufficiently, however, on public transport, walking and cycling projects that will help the middle suburbs achieve their potential.
These are the areas where much more employment and residential development needs to take place if our cities are to become more compact. Supportive infrastructure, particularly public transport and active transport, is central to this goal.
Another illustration of the failure to adequately integrate land use and transport thinking is the discussion of servicing the outskirts of our cities.
A major reason these areas have infrastructure and service delivery problems is that their development densities are too low. Yet I found no reference to the need to increase densities in outer urban areas. This would help with issues such as the need to improve public transport services and associated cost-recovery rates.
<h2>Urban governance</h2>
There is useful discussion in the plan on governance matters but also a significant hole.
International conversations about cities currently emphasise the importance of someone being able to “speak for the city” and of cities having more financial autonomy. These matters are important for cities to have the resources to perform their roles more effectively and be more accountable for their performance.
The plan looks at the need to reform local government, as well as project planning and delivery arrangements, but does not consider the central governance question: “who speaks for our cities?”. This is a challenge that is fundamental to our cities' common difficulties of sustaining long-term land use transport plans.
The apparent answer is “state governments” at present, but the recent Sydney introduction of a Greater Sydney Commission is a very innovative step to strengthen partnerships between the state and local governments at city-wide level. This move is recognition that the right answer needs to be wider than simply the state government. New governance arrangements should have figured more prominently in the report.
 
On funding, the report cites London on a number of occasions. There is no better city to use as a model, given that its population is about what Sydney and Melbourne can expect in 40 years – and that nobody does it better. London has already resolved the problem of “who speaks for the city”.
Under the mayor’s leadership, London is pursuing greater financial autonomy. The city is using measures such as value capture quite aggressively to increase its financial autonomy. The plan discusses value capture to an extent, but it needs a stronger focus on this as a great funding opportunity for more autonomous and accountable cities.
<h2>Externalities and pricing reform</h2>
From a public transport perspective, the weak treatment of externalities is the biggest problem in the plan.
There is much discussion of congestion and recognition of potential issues of social disadvantage, but not much systematic recognition of other externalities of cities, particularly transport externalities. The assumption seems to be, for example, that:
<ul>
<li>
agglomeration economies (or wider economic benefits more broadly) will be recognised somehow and dealt with at an appropriate time in some way;
</li>
<li>
greenhouse gas emissions will be dealt with by whatever Australia decides to do to meet its international obligations;
</li>
<li>
air pollution externalities will be met by vehicle emission standards; and
</li>
<li>
accident and health externalities do not exist or are not important.
</li>
</ul>
This provides scant comfort for the pricing reform the plan proposes. Road pricing reform is about more than recovering infrastructure costs and making motorists aware of congestion costs.
It is about improving the efficient allocation of scarce resources by making road users (and public transport users) more accountable for all the net external costs attributable to their travel choices. This includes (for example) the air pollution costs that remain after emission standards are applied, the accident costs not covered by insurance, rising health costs from a lack of exercise linked to motor vehicle dependence, and the costs of greenhouse gas emissions.
The report should have been much stronger on all the externalities involved in all modes of transport being internalised within reformed transport pricing arrangements.
The plan cites evidence that Australia’s urban public transport cost-recovery rates are low by comparison with similar cities elsewhere. If road pricing reform is implemented and includes a wide range of external costs, the case for increasing these cost-recovery rates is defensible, on two conditions:
<ol>
<li>
measures are in place to support particular disadvantaged groups (which could be through government funding of targeted fare concessions); and
</li>
<li>
external benefits of public transport (for example, agglomeration economies) are recognised as warranting cost-recovery rates that are less than 100%.
</li>
</ol>
<h2>Road funding model</h2>
The discussion about reforming the road funding model is hard to evaluate because the treatment of external costs of vehicle use is too vague.
If those costs were all internalised, as they should be for more efficient asset use, then it would be a mistake to hypothecate all the revenue in the road funding model to roads. The payments for air pollution damage, health and accident costs, for example, would need to be separated and be available for other uses that help lower such external costs.
More broadly, the process of determining road infrastructure priorities should not be ultimately devolved to the board of a road funding entity. It should be subject to an integrated process of planning land use and transport, to which that board contributes. Elected politicians ought to remain the ultimate decision-makers on major works.
<h2>Infrastructure planning vs integrated planning</h2>
The plan’s discussion about long-term infrastructure planning being “an opportunity to improve the value of community engagement” needs to provide more clarity about just what this means.
If long-term integrated land use transport planning had been undertaken more effectively in Australian cities, we would not need separate infrastructure agencies at federal and state levels.
If the report is suggesting community consultation on strategic infrastructure planning that is separate to what should be happening around long-term land use transport plans, which are becoming increasingly broad in international best-practice cities, then we will have very confused communities.
The long-term process of planning integrated land use transport should be where strategic consultation takes place. Infrastructure would be one of the matters subject to consultation and infrastructure priorities one output from the planning process.
The fundamental discussion point needs to be what we want our cities to be like in 30 to 40 years' time. Transport and other infrastructure discussions and priorities should be placed in the context of creating those cities.
<h2>The market’s role in public transport</h2>
The plan argues for more competition in the delivery of public transport services.
The cost savings it cites are essentially from settings where a private operator replaces a public operator (the greater the savings, the more bloated the initial public operator). International experience is that subsequent rounds of market testing, once a private provider is in place, deliver few savings.
Furthermore, recent research by David Hensher, from the Institute of Transport and Logistics Studies at University of Sydney, suggests that if you have an efficient private operator operating under a negotiated performance-based contract, this will be as efficient as a tendered outcome. The report does not seem to be aware of these important nuances.
<h2>Improving the policy debate</h2>
Infrastructure Australia has done much to raise the quality of debate about infrastructure planning and delivery. Its Australian Infrastructure Plan continues this contribution.
However, so far as our cities are concerned, the effectiveness of the plan will be compromised unless Infrastructure Australia walks the walk in terms of land use transport integration. It needs to align its priorities much more comprehensively with its well-framed land use development directions, and take a broader perspective on pricing reform and associated funding and governance matters.
This is about better integration and delivery in the broadest sense.
John Stanley is adjunct professor, Institute of Transport and Logistics Studies, The Business School, University of Sydney and author for The Conversation. He can be contacted <a href="https://theconversation.com/profiles/john-stanley-115" target="_blank">here</a>.
</body></html>

Australian infrastructure plan has some way to go to give our cities what they need

<html><body>
The successful opening of Perth’s new waterfront plaza, Elizabeth Quay, shows that Western Australia is hungry for urban renewal and a pipeline of urban infrastructure needs to be mapped out following the end of the mining boom, says the Property Council of Australia.
With Elizabeth Quay complete and other projects like the City Link nearly finished, what’s the next to help keep WA growing after the mining boom? 
“The Property Council on behalf of the WA development industry has the answer, a better infrastructure delivery framework and transparent project assessment criteria. These are exactly the recommendations of the Property Councils recent reports Keep WA Growing and Mind the Gap,” Property Council WA executive director Joe Lenzo said. 
In ‘Keep WA Growing’ the Property Council has assessed nine key infrastructure projects of which priority will be given to three which will have the greatest economic flow-on effect for the state — Max Light Rail, the Peel Economic and Environmental Initiative, and the Western Trade Coast. 
In ‘Mind the Gap’, the Property Council found that the absence of an independent state body to advise the planning, prioritising and delivery of major infrastructure was costing WA investment and jobs. 
“The formation of a state infrastructure body and preparing a pipeline of future work has worked in other states, particularly in the attraction of scarce federal funding,” Lenzo said.
According to the WA government website, Elizabeth Quay is the centrepiece of a plan to revitalise Perth. The government expects the plaza by the Swan River to be a future workplace for more than 10,000 people and attract more than $2billion in private investment.
</body></html>

prateek24-ezbwHMbNAk

After Elizabeth Quay, Perth needs an infrastructure pipeline to keep WA growing: PCA

<html><body>
 
<img src="/images/2016/02/03/Holdencapital_banner.jpg" alt="" width="603" height="127">
SPONSORED POST
From time to time we’ll see a first time developer who has worked up a project to the stage of it being good enough to be considered by a funder, however they are short on equity.  
Who better to approach than people who already know you and trust your ability? They have seen you cook a good steak on the BBQ, which you assembled without the instructions, so if you can build a flat pack BBQ without stuffing that up, how much harder can it be to build a 5 storey residential tower?  
Often a first time developer facing this kind of scenario will approach family and friends to raise the equity required to get the deal over the line. But given the relationship that the developer has with these ‘investors’, these form of equity loans are never documented properly, if at all. Time and again we hear the response, no need “He’s a mate and a good bloke” or “What could possibly go wrong?”  
Well here are some reasons not to lend money to, or borrow money from, friends and family: 
1. The Loan Has No End Date and sometimes no interest rate.  These are not really loans in the true sense, as they tend to have no fixed repayment date and often don’t include an interest rate on the loan. So the friend doesn’t know when their money will be returned and the borrower often doesn’t know when exactly the project will be finalized and when he can repay the loan.  
This leaves both parties in limbo and doesn’t set any firm expectations. But as time passes and the inevitable delays roll out, the uncertainty can lead to stress in the relationship as the borrower worries that the lender expects repayment and the lender worries about when or if they will be repaid.   
Alternatively, the borrower may not realise that there is a sense of urgency to repay the loan and without a deadline; it becomes their last priority. The developer won’t face any repercussions for not repaying such as late payment charges, a higher interest margin or a negative impact on their credit score. Without the threat of penalties, they have no motivation or urgency to repay.  
2. It’s Always Difficult to Ask for the Money Back  It can be difficult to request repayment of a loan from a friend or family member. More than likely, the lender cares about the borrower and doesn’t want the borrower to feel awkward. The lender may continue to worry about loan repayment and thus shut down some or all communications with the borrower in order to avoid talking about the loan.   
3. It Can Make Social Events Awkward  Family get-togethers or social events can suddenly become very uncomfortable situations. The borrower may feel a need to avoid the lender for fear of discussing the situation, especially if they can’t add any certainty to a time to resolve the matter. Other family members who know about the loan can also become drawn into the situation with disastrous results. 
4. The Borrower May Ask for More  Once you have lent money to a friend or family member, this person may return when he or she needs more money. In addition, other friends and family members may also ask you for a loan. It’s always easier when they know you’ve loaned money before.  
6. You Might Need the Money Yourself  You definitely want your money returned, but your circumstances can also change and you may need your money now! What if you lose your job and you spend your entire emergency funds while searching for a new job? What if repayment of the loan marks the difference between you keeping your house or losing it to the bank? Not receiving repayment of the loan in a timely manner might spell disaster for you and your family. 
7. You Could Lose Your Money and Your Relationship  
If you lend money to a friend or family member you need to be aware that you may not get your money back and your relationship may never go back to normal. This will cause tension between you and the borrower, and may also cause guilt, remorse, and anger amongst others who are related to you both. 
In summary, if you are considering lending money to a family member and want it to be treated as a loan rather than a monetary gift, there are a few things that should be done: 
<ul>
<li>Seek legal advice to ensure that your agreement is properly prepared and correctly reflects the intentions of the parties; </li>
<li>Ensure that all parties to the loan are named in the loan agreement; </li>
<li>Ensure that the loan agreement is correctly signed and is dated by all of the parties; </li>
<li>Be specific and include the amount of the loan, whether interest is payable and the dates for repayment; </li>
<li>Specify what is to happen if the interest is not paid or repayment is delayed. You also need to agree what your rights will be if these events happen. </li>
<li>Consider registering a mortgage or a caveat to secure the loan; and </li>
<li>Ensure that each party to the loan agreement keeps a copy of the loan agreement in a safe and easily accessible place. </li>
</ul>
These suggestions may seem like overkill when you are dealing with friends or family and may be difficult to discuss initially, but if handled in the right way, with the approach that “these things protect both of us, not just me”, they may prove invaluable in the long run.   
After all, nobody wants to be thought of as the third alternative in the categories of the three “F’s”.
This article was written by Dan Holden of HoldenCAPITAL, who are a bespoke construction finance firm, they arrange construction finance and invest in projects through their equity fund, Queen Street INVEST. To discuss your project finance requirement please call (07) 3171 4200 or visit HoldenCAPITAL <a href="https://www.holdencapital.com.au/" target="_blank">here</a>.
</body></html>

firstname-zEygzUaHDN

The three F’s of dumb capital – family, friends and fools

<html><body>
A vacant possession with existing permit for 34 units in Brunswick has been sold to development group with strong Chinese ties for $3.675 million in off-market deal brokered by Savills Australia’s CBD &amp; Metropolitan Sales Division.
The property, 2-6 Duckett Street, is 687 sqm, zoned Commercial 1 with a street frontage of 19 metres, was sold by Director, Julian Heatherich and Associate Director, Jesse Radisich. 
The site forms part of a precinct bounded by Sydney Road, Albion Street, Hope Street and the railway line which forms part of the Brunswick Major Activity Centre. 
The latter site sold to a prominent local developer for $4 million with a permit for 39 units.
</body></html>

jonathanchancellor-7SQnKwU6yx

China-linked group pays $3.675m for Brunswick site

<html><body>
Wanda Ridong Gold Coast Development General Manager Weimin Xu and Ridong Group Chairman Riyu Li have officially announced that they have awarded the construction contract to bring the three-tower Jewel development at Surfers Paradise to life.
Brookfiled Multiplex will construct the Jewel project.
The contract is worth more than half a billion dollars.
Apartment sales began last September in the beachfront Jewel development.   Sales spanned $675,000 for a one bedroom plus, through to $5 million for a high-floor, three-bedroom luxury apartment.   Jewel is the Gold Coast’s first absolute beachfront development in 30 years.
Since its inception in 1988, the Wanda Group has grown to become the world’s largest owner of commercial property and five-star hotels, the world's largest cinema operator and also the world's biggest sports company.
It has recently acquired the 1 Alfred Street and Fairfax House buildings in Sydney. 
Brookfield Multiplex has been delivering landmark property and infrastructure assets for more than 50 years and is a leading international contractor with a focus on sustainable growth and a presence in Australia, the Middle East and Asia, Europe and Canada. Established in 1962, Brookfield Multiplex’s work to date comprises more than 930 projects with a combined value of US$61 billion. 
Brookfield Multiplex Regional Managing Director for Queensland Rod McDonald said the company was thrilled to be adding to its long history on the Gold Coast by delivering a project such as Jewel, which would become synonymous with luxury the world over.
“Jewel will transform the skyline and beach front of the Gold Coast and deliver a welcome boost for the local economy, creating 2,700 jobs during construction and attracting international and domestic tourism and investment,” Mr McDonald said.
The company is set to begin construction within weeks, after the completion of site works earlier this month.
“Brookfield Multiplex has a strong track record in the Gold Coast, having delivered many of the city’s iconic buildings including the multi-award winning Hilton at Surfers Paradise, The Wave and the Gold Coast Convention Centre.
“We are delighted to be able to continue this momentum and are honoured to be working with the Wanda Ridong Group on this game-changing development.
Jewel’s three shimmering towers will stand on an enviable 1.14 hectare site on the famous Surfers Paradise beachfront, giving residents and guests uninterrupted views over the Pacific Ocean.
Some 28 apartments in the Jewel development sold in the first week of release, totalling $55 million.
For more information <a href="https://www.jewelgc.com.au" target="_blank">click here</a>. 
 
</body></html>

Development

Editor's Picks

Have something to contribute?

Developments

New apartments

New townhouses

News

Development

Editor's Picks

Receive the latest news stories to your inbox

Have something to contribute?

Developments

New apartments

New townhouses

News