Perth’s new apartment market recorded its strongest quarter of sales since Q4 2021, with 412 apartments sold in Q1 2026 and a record quarterly sold value of $537 million, according to Urbis’ latest Apartment Essentials results.

Urbis said the March quarter result reflects strong, highly product‑specific demand across both ends of the market, from more attainable projects delivering at scale, through to premium stock being absorbed by equity‑rich downsizers.&nbsp;

David Cresp, Partner at Urbis, said the key story in Perth is not demand, it is the market’s ability to convert demand into delivered housing.&nbsp;

“This is the strongest sales quarter since Q4 2021, and it reinforces that demand in Perth is real and it’s local,” David Cresp said. “But the task now is delivery, turning that demand into projects that can actually be built and completed.”&nbsp;

[smartcode_project:default project_id=110291 project_image_fid=302785]

<h2>Affordable product leads, premium demand remains resilient</h2>

Sales in Q1 were led by more affordable projects, with The Boulevard (SKS Group) recording 115 sales in the quarter, the presentation noting this is only the second time a single project has surpassed 100 quarterly sales. The project was able to offer more affordable housing product right next to a train station.&nbsp;

Palmyra West (Finbar) also delivered strong results with 28 sales in Q1, following 84 sales in Q4, with an average price of under $800,000, underscoring depth of demand for well‑located, attainable new stock.&nbsp;

At the premium end, Urbis said downsizer demand is continuing, with the results highlighting Romeo (Applecross, Finbar) recording 75 sales and reaching almost 50% sold in one quarter.

Jual (Shenton Park, Celsius Property) also posted a strong quarter with 28 sales, reaching 39% sold in one quarter.

Urbis noted that Perth apartment demand is not speculative, not investor‑led, and not uniform, describing it as localised, often equity‑driven and highly product‑specific, a pattern reflected in the polarisation between strong “attainable” performers and premium downsizer product.&nbsp;

[smartcode_project:default project_id=148957 project_image_fid=364102]

<h2>Prices underpinned by costs, and the delivery risk is growing</h2>

Urbis said pricing pressure is cost not demand‑driven: construction costs and delivery risk are now a central constraint, with the results noting build costs remain elevated and volatile, and that energy, fuel and labour uncertainty weigh on feasibility.

David Cresp said a growing challenge for private Build‑to‑Sell developers is simply securing a builder in the current environment.

“Developers are really feeling the pressure from a building market that was operating at capacity and securing a builder is challenging,” David Cresp said, adding that even where a builder can be secured, “trying to get to the price that makes the development financially viable is incredibly challenging in the current market.”&nbsp;

Urbis’ broader WA commentary also notes that industry remains at or above capacity with lot and housing creation, and that many builders are limiting new sales to manage stretched workforces and fixed‑price contract pressures, conditions that flow directly into apartment feasibility and delivery timing.

[smartcode_project:default project_id=108869 project_image_fid=317905]

<h2>Supply: improving later, but still constrained, and Perth lags eastern benchmarks</h2>

While near‑term supply remains constrained, Urbis’ forecast shows completions lifting “Supply is forecast to be back above 1,500 apartments per annum for the first time since 2019”, with 1,775 completions forecast for 2026, and volumes remaining above that level over the following years.&nbsp;

Looking further ahead, completions are forecast to reach 2,500 in 2028, with the report noting 32% of that total is social/affordable, reflecting the role of government‑supported delivery in rebuilding the pipeline.&nbsp;

However, Urbis said Perth remains behind comparable markets on pipeline scale. In a national comparison of projects under construction, the report shows under construction Perth Build‑to‑Sell (BTS) at 3,446 apartments versus the Gold Coast at 7,922. Mr Cresp said “The challenge for Perth is how to we grow the delivery pipeline”.

Urbis’ conclusion is that Perth’s market is increasingly defined by product discipline and delivery certainty, with the research identifying “delivery certainty is key” and calling out builder risk and procurement models as core success factors, alongside “timing and staging”.&nbsp;

Joel Robinson

Perth apartment sales hit strongest pace since late 2021 as builder capacity tightens

<a href="https://www.apartments.com.au/developers/sammut-developments">Sammut Group</a> has secured development approval for its latest Brisbane apartment project, marking the Sydney developer’s next step in expanding its Queensland pipeline following the success of its debut Gold Coast development, Coast.

The approved project at <a href="https://www.apartments.com.au/new-apartments/44-glen-road-toowong-qld-4066">44 Glen Road, </a><a href="https://www.apartments.com.au/developments/toowong-qld-4066">Toowong</a> will deliver a 15-storey riverfront apartment building with 42 residences, significantly increasing the scale of the site’s previous approval for a smaller luxury scheme. Designed by Bureau^proberts, the development will comprise a mix of predominantly four-bedroom and two-bedroom apartments positioned to maximise Brisbane River and city views.

Sammut Director Julian Sammut said the group had been actively searching Brisbane for several years before identifying Toowong as the right fit.

“Brisbane was the right step for Sammut,” Sammut said.

“With the success of Coast we thought we should definitely look to do more in Queensland alone. We then pushed up to look at Brisbane. We've been looking for I'd say two to three years actually and it was hard to find the right location.”

<img alt="Sammut makes Brisbane apartment play" data-entity-type="" data-entity-uuid="" src="https://res.cloudinary.com/dz9xllyip/image/fetch/f_auto,c_limit,w_1440,q_75/https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/field/image/Screenshot%202025-12-23%20at%203.27.14%E2%80%AFPM.png?VersionId=dYAVIL7qdcGA8ojvkslSrLjczXFejSSx" />

Sammut said suburbs including New Farm and Teneriffe were considered before the group ultimately focused on Toowong due to its strong downsizer demographic and limited supply of developable riverfront land.

The site was acquired off-market after what Sammut described as a lengthy negotiation and planning process, with the developer pursuing an uplift to the original approval.

“We are DA approved now which is very exciting,” Sammut said.

“We've had our change approval come through and we've obviously doubled the height, 15 storeys plus rooftop. We've got 42 amazing apartments that are going to be coming to market soon.”

<img alt="Sammut makes Brisbane apartment play" data-entity-type="" data-entity-uuid="" src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,dpr_2.0,q_auto:good/https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202025-12-23%20at%203.27.26%E2%80%AFPM.png?VersionId=ohkRkY0dIZlqdfME2EZePsCQavRiBadE" />

Bureau^proberts said the design responds to Toowong’s evolving urban character, balancing contemporary apartment living with the area’s established residential identity.

“A place where traditional Queensland living has taken place for centuries; Toowong is seeing a shift of contemporary influence, commercial and retail hubs mixed with well-considered residential offerings – all the while maintaining its character and charm,” the architect noted in planning documents submitted to Brisbane City Council.

The architecture practice said the project’s form was shaped by its riverfront setting, flood considerations, neighbouring building scales, and view corridors.

“They said the mix of four and two-bedroom apartments capture the ‘fundamental qualities of Queenslander living,’ translated into the context of a contemporary subtropical building.”

The development sits just off Coronation Drive within walking distance of Toowong’s retail precinct and the upgraded Regatta ferry terminal, while also benefiting from proximity to the incoming green bridge connection to West End. Sammut said the accessibility and amenity offering were central to the site’s appeal.

The approval adds to growing residential activity along the Toowong riverfront, joining nearby projects including Consolidated Properties’ Monarch Residences and Spyre Group’s ARC Residences.

Sammut secures approval for debut Brisbane apartment development in Toowong

Developer Lanevick is heading back into Sydney’s apartment market after focusing more heavily on the luxury townhouse and terrace sector in recent years.

Lanevick, founded and directed by Steve Maroun, is expecting to receive approval in the coming months for a new apartment development in Gladesville, with the aim to launch it to the market later this year.

The 51-apartment project, designed by Studio Johnston, will comprise a mix of one-, two-, and three-bedroom apartments positioned toward the Hunters Hill downsizer market.

“Traditionally it’s been difficult for people in that market to downsize because there just hasn’t been the right product available,” Maroun said.

“We’re targeting buyers who might have 30 to 40 per cent of their house value sitting in the bank after downsizing.

“They still want good spacious entertaining areas, they still want quality design, but they also want flexibility and the ability to enjoy life a bit more after working hard for a long time.”

The project sits near Boronia Park and within close proximity to the Parramatta River foreshore, an area Maroun says offers more of a Hunters Hill lifestyle than a traditional apartment precinct.

“From a lifestyle perspective, it’s really more Hunters Hill than Gladesville,” Maroun said. “You’re close to the foreshore, close to parklands, and still connected back into the village precinct.”

From level four and above, apartments will capture water views&nbsp;toward Sydney Harbour. Communal amenity will include rooftop entertaining areas, wellness spaces, and a gym tailored toward owner-occupier buyers.

“We’ve really designed these apartments around that buyer coming from the Hunters Hill LGA and what they’re actually looking for in their next chapter.”

The proposed development has also been designed to respond to the changing character of the broader Gladesville town centre, where a growing number of mixed-use and residential proposals are expected to emerge over the coming years.

“Gladesville presented a rare opportunity to deliver a genuinely design-led residential project within an evolving lifestyle precinct, just moments from the growing Gladesville town centre, and we’ve approached the project with a strong focus on architecture, liveability and long-term community value,” Maroun said.

Maroun said Lanevick saw a first-mover advantage within the precinct as planning controls continue to evolve to accommodate greater housing density.

“We think there’s a real opportunity there that hasn’t really been serviced properly yet,” he said.

“There’s going to be a broader evolution of the whole Gladesville village precinct over time, particularly with more activation and mixed-use outcomes.”

The Venus Street proposal will include a commercial and retail component at ground level designed to contribute to that evolving streetscape activation.

“A big part of the thinking was how do you activate that area properly and create more vibrancy and amenity, which is what Hunters Hill has been looking for,” Maroun said.

Lanevick’s focus since 2020 has largely been on smaller-scale luxury townhouse and terrace developments. The developer recently completed Royale Randwick, also designed by Studio Johnston, where prices reached $3.65 million. The project was featured in the UDIA NSW 2026 Professional Development Prospectus and was also named a finalist for Development of the Year.

&nbsp;

Lanevick to cater for Hunters Hill downsizers with new Gladesville apartment development

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.

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

Development

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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>.
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jochivers-wq5Bp59R5a

Developing property and friendships: Jo Chivers

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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>.
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mick.cee-iDmgDDAmu8

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

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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!"
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jchancellor-FAypfDUnLy

Parramatta is on turbocharge to be property hotspot: John McGrath

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

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

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

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

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<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>.
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firstname-zEygzUaHDN

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

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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.
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jonathanchancellor-7SQnKwU6yx

China-linked group pays $3.675m for Brunswick site

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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>. 
 
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