A long-stalled Mermaid Beach development site opposite Pacific Fair, previously earmarked for a twin-tower project, is set for a fresh development push with plans for a major mixed-use residential tower.&nbsp;

Billionaire garbo Ian Malouf's development company, REMI Residences, is proposing Project Elegance, a 44-storey tower with over 270 residential apartments and 88 short-term accomodation units at&nbsp;2065 Gold Coast Highway, Mermaid Beach, on the corner of Mermaid Avenue.

Malouf paid $23.76 million for the 3,783 sqm site in 2022, six years after it traded for $34.1 million when it was bought by Hubei United Investment Group.

 
<img alt="First Look: REMI Developments plans major mixed-use tower with 360 apartments at stalled Mermaid Beach site" data-entity-type="" data-entity-uuid="" data-widget="image" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Mermaid%20Beach%20da%20podium.png?VersionId=yRYSSPItvCA5ZeQ49LlwkQYVn7OhEqIC" /><img alt="" data-entity-type="" data-entity-uuid="" draggable="true" height="15" role="presentation" src="data:image/gif;base64,R0lGODlhAQABAPABAP///wAAACH5BAEKAAAALAAAAAABAAEAAAICRAEAOw==" title="Click and drag to move" width="15" />

&nbsp;

The design statement by DKO says Project Elegance "represents a holistic response to its coastal and urban context. It draws upon site, climate, and landscape to create a composed architectural outcome that prioritises occupant experience, public interface, and long-term viability via vibrant and active uses."

They say the subject site&nbsp;occupies a distinctive island parcel with three street frontages and prominent visual exposure to passing visitors.

"This unique position allows the development to form a panoramic dialogue with water and city, setting the foundation for a climate-responsive, site-specific architectural expression.&nbsp;The podium base, inspired by the region’s sandstone headlands and coastal setting, and adopts a sculpted and grounded character that provides a stable counterpoint to the slender tower above."

&nbsp;

<img alt="First Look: REMI Developments plans major mixed-use tower with 360 apartments at stalled Mermaid Beach site" data-entity-type="file" data-entity-uuid="4f088e10-6493-49d4-83cd-10fc039318ac" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Mermaid%20Beach%20da%20tower.png?VersionId=Sbglj0tNBqyvY5V_DlVH.bvjXi8kBbfl" />

Residents and guests would have access to multiple communal recreation levels. Plans include a shared recreation deck on level six, with a pool and three padel courts. There will be a residential-only pool on level seven, and an upper-level communal space only accessible by those buyers towards the top of the tower.

&nbsp;

Ground-floor commercial spaces are proposed to operate between 5am and midnight, contributing to an activated street frontage along the busy Gold Coast Highway corridor.

The site sits within the High Density Residential zone and a Light Rail Urban Renewal Area, where planning policy encourages higher-density development close to transport infrastructure and services. The planning report states the project aims to “ensure the efficient reuse of this centrally located property” and support the transformation of inner-city areas into “more vibrant, compact, interesting, connected and active” precincts.

&nbsp;

The proposal marks the latest attempt to unlock the high-profile parcel, which previously carried approval for the “Elegance” twin-tower development, a project that included more than 500 apartments but ultimately stalled after sales activity ceased in 2019.

REMI Developments has been increasingly active in the Gold Coast property market, with the Malouf-led group positioning itself around premium residential and lifestyle-focused projects as the region continues to attract both interstate buyers and international interest.

Malouf is one of Australia's most impressive entrepreneurs, having sold his waste business fore more than $500 million, having started only with a small truck at 18 years old.

Joel Robinson

First Look: Billionaire Ian Malouf plans Mermaid Beach tower

A State Significant Development proposal from Ecove Group could see two high-rise residential towers developed above an ALDI-anchored retail podium in Gordon.

The 28-storey towers, dubbed Eight 10, would become the tallest in the sleepy Upper North Shore suburb, which has been stirred by changes to the Low to Mid-Rise Housing Policy aimed at triggering greater density around transport hubs.

Ecove Group’s plans for 810 Pacific Highway, a 2,357 sqm site around 400 metres from Gordon railway station, include 180 apartments, 39 of which would be dedicated as affordable housing.

Architecture firm PBD said in its Design Report the site "presents an exciting opportunity to positively contributes to the surrounding context, enhances the overall urban experience."

<img alt="First Look: Ecove lodges State Significant Development plans for dual-tower “Eight 10” project at 810 Pacific Highway, Gordon" data-entity-type="file" data-entity-uuid="e50141fa-fb0b-44b3-bf9b-c6d87b993c3b" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Eight%2010%20podium.png?VersionId=YTgQPBxNnmQwr6x2AJSpVZ1COqa.9oLQ" />

The site previously received approval for a development comprising 56 apartments above retail in 2018.

PBD noted in its report that the planning&nbsp;context for the site has "evolved significantly since the original consent was issued."

In April 2024, the Department of Planning, Housing and Infrastructure (DPHI) identified the site as being located within a Transport Oriented Development (TOD) precinct. In parallel, Ku-ring-gai Council progressed a preferred planning framework for Gordon Town Centre, including proposed amendments to the Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015).

<img alt="First Look: Ecove lodges State Significant Development plans for dual-tower “Eight 10” project at 810 Pacific Highway, Gordon" data-entity-type="file" data-entity-uuid="cf65fb26-a163-41ea-a4d3-8ddbeabd67e4" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Eight%2010%20MAP.png?VersionId=vrQJzXSg3xRH.APBmtth5mA2adPmUPjc" />

PBD said the proposed development "responds to the amended KLEP 2015 and, in addition, seeks to utilise the floor space ratio and height incentives available under Chapter 2, Part 2, Division 1 of the State Environmental Planning Policy (Housing) 2021."

Late last year the first project in Gordon through the NSW Government's Housing Delivery Authority was approved. That was for 106 apartments across two connected seven to eight-storey buildings.

Ecove plans 28-storey apartment towers in Gordon

<a href="https://www.apartments.com.au/developers/graya">Graya</a> has set its sights on one of Brisbane’s scarce remaining riverfront development opportunities.

They have spent $17 million on an 810 sqm site across 16-18 Sandford Street, where it is planning SILK, a 15-storey apartment tower with just 22 apartments.

Planning documents outline a single tower designed to take advantage of the site’s northerly outlook toward the river and Brisbane CBD.

There will be eight two-bedrooms and 14 three-bedroom apartments on offer, each either half- or full-floor.

<img alt="Graya" data-entity-type="file" data-entity-uuid="059e1aa4-695c-4556-bafa-e8b5970c06f5" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-03-12%20at%203.07.50%E2%80%AFPM.png?VersionId=tEqwv_m8HYhrXSCStOMFHvGZZ5WgKfEx" />

&nbsp;

According to the Town Planning Assessment, the proposal "showcases a high quality architectural and landscape design outcome that is enhanced by the amenity of the Brisbane River… and provides a subtropical design response that celebrates Brisbane’s climate and lifestyle.”

Ground level includes landscaped communal areas facing the river alongside a gym and outdoor garden space, while the rooftop terrace will feature multiple leisure amenities like swimming pools,&nbsp;dining and barbecue facilities, as well as outdoor relaxation and yoga spaces.

<img alt="Graya" data-entity-type="file" data-entity-uuid="93982dbb-9f27-409b-a319-bd6f458f9ea7" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-03-12%20at%203.09.05%E2%80%AFPM.png?VersionId=gCaaW82pEBxMvXkVkEm4TC_o7_UXA82p" />

Architecturally, the tower form draws inspiration from the movement of water along the river edge. Design documentation describes the building as “a form sculpted by flow, shaped by shifting water,” with curved forms, varied materiality, and sculptural elements used to soften the building’s visual bulk. Sandstone, an iconic material throughout St Lucia, is reinterpreted through a mix of refined and split-face textures across the façade.

The Sandford Street frontage is intended to present an articulated façade featuring vertical landscaping and sculptural architectural elements, helping the tower integrate with the evolving high-density character of the riverfront strip while maintaining visual interest from both the street and river corridor.

Graya has continued to expands its footprint across South East Queensland, with projects under construction across both Brisbane and the Gold Coast.

GRAYA unveils plans for SILK in St Lucia

Less than five months after submitting plans to redevelop the former Cadbury office on St Kilda Road into a luxury apartment tower, development giant <a href="https://www.apartments.com.au/developers/dexus-property-group">Dexus</a>&nbsp;has been given ministerial approval to push on with the project.

Apartments.com.au <a href="https://www.apartments.com.au/news/vic/first-look-dexus-joins-st-kilda-road-apartment-ranks-with-gateway-tower-proposal">revealed the plans in October last year</a>.

The approved project will see the 19-storey office building at 636 St Kilda Road replaced with a <a href="https://www.apartments.com.au/architects/bates-smart">Bates Smart</a>-designed tower delivering more than 400 new apartments at the prominent intersection of St Kilda Road and Queens Road.&nbsp;

The design responds to the site’s gateway position at St Kilda Junction, with Bates Smart describing the tower as a “refined and sculptural built form that mediates between the scale of St Kilda Road and Queens Road,” reinforcing a civic presence at the key intersection.&nbsp;

<img alt="First look: Dexus joins St Kilda Road apartment ranks with gateway tower proposal" data-entity-type="" data-entity-uuid="" src="https://res.cloudinary.com/dz9xllyip/image/fetch/f_auto,c_limit,w_1440,q_auto/https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/field/image/Screenshot%202025-10-06%20at%2012.52.37%E2%80%AFPM.png?VersionId=Tq3yyOWe0e0klvy5j4TIjiZT7yd3f1Xk" />

The development will comprise 402 apartments, including 40 studios, 87 one-bedroom, 203 two-bedroom, and 66 three-bedroom residences, alongside six penthouses. The project will also incorporate active frontages, new pedestrian through-links and a landscape strategy designed to integrate with the boulevard character of St Kilda Road.&nbsp;

Public realm improvements form part of the approved scheme, including a 138 square metre linear park, extensive landscaping and approximately 188 metres of active street frontage intended to improve permeability and safety at ground level. Four basement levels will provide 449 car spaces and 120 bicycle spaces.&nbsp;

The project includes a $9.6 million contribution to the Social Housing Growth Fund, equivalent to three per cent of the project’s estimated development cost, supporting broader affordable housing initiatives across Victoria.&nbsp;

<img alt="First look: Dexus joins St Kilda Road apartment ranks with gateway tower proposal" data-entity-type="" data-entity-uuid="" src="https://res.cloudinary.com/dz9xllyip/image/fetch/f_auto,c_limit,w_1440,q_auto/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/St%20kilda%20rd%20site.png?VersionId=m_ZioKYhwkvekE3ZUF6y7bz.5_5yFPnZ" />

Wholesale Australian Property Fund (DWAPF) Fund Manager Chris Davitt said the residences are intended to appeal to a broad mix of buyers seeking proximity to the CBD and surrounding amenities.

“We’re excited about the potential of the project to contribute new residential supply to one of Melbourne’s most sought-after areas,” Davitt previously said. “The landmark site at 636 St Kilda Road is at the gateway to Melbourne’s CBD, offering sweeping views and exceptional connectivity.”&nbsp;

The site’s three street frontages, St Kilda Road, Queens Road and Queens Lane, allow for generous setbacks and a flexible built form, while its proximity to the ANZAC Station tram-rail interchange and the St Kilda Road cycling corridor positions it within one of Melbourne’s most connected inner-city precincts.&nbsp;

St Kilda Road has become one of Melbourne’s most active apartment corridors in recent years, with projects such as Victoriana, The Muse and St Boulevard already completed overlooking Albert Park Lake, while Gamuda Land continues construction on Fareham and several other developments are planned nearby.&nbsp;

Dexus secures ministerial approval for St Kilda Road apartment tower

Just a few months after launching to the market,&nbsp;<a href="https://www.apartments.com.au/developers/gold-partners-australia">Gold Partners Australia</a>&nbsp;has sold 75 per cent of the apartments at&nbsp;Harmony on Broadbeach, its debut Gold Coast apartment development.

<a href="https://www.apartments.com.au/new-apartments/harmony-on-broadbeach-2797-gold-coast-highway-broadbeach-qld-4218">Harmony on Broadbeach</a>, which will rise 33 storeys on the corner of First Avenue and the Gold Coast Highway about 400 metres from the beach, will deliver a collection of two and three-bedroom apartments designed to appeal to a mix of local owner-occupiers, interstate buyers, and investors seeking newer stock in the tightly held Broadbeach market.&nbsp;

Designed by <a href="https://www.apartments.com.au/architects/dbi">DBI Architects</a>, Harmony will home just over 100 apartments, with a typical floorplate limited to four apartments per level. The configuration allows for larger layouts and greater privacy compared to many higher-density coastal towers.

[smartcode_project:default project_id=113098 project_image_fid=355608]

The residences comprise generous two and three-bedroom apartments with open-plan living areas, large balconies and floor-to-ceiling glazing designed to maximise natural light and capture views across the ocean, hinterland and Broadbeach skyline. Interiors feature natural stone benchtops, engineered timber flooring and Miele appliances, with finishes intended to reflect the coastal character of the surrounding area.&nbsp;

Amenities are centred on a dedicated wellness offering, including a 20-metre swimming pool, spa, sauna, gymnasium and yoga lawn, alongside communal lounges, private dining areas and outdoor barbecue spaces for residents. The building will also include a hospitality venue at street level, activating the ground plane along the Gold Coast Highway.&nbsp;

[smartcode_project:default project_id=113098 project_image_fid=355611]

Olympus Property Group is handling sales for the development. Director Deanna Lockett said the project has resonated with a wide buyer pool drawn to the combination of location and pricing.

“There’s been nothing new come to the market in <a href="https://www.apartments.com.au/developments/broadbeach-qld-4218">Broadbeach</a> at this price point for nearly a year,” Lockett said. “It hits the sweet spot of affordability, good sized apartments, in a great location.”&nbsp;

Broadbeach remains one of the Gold Coast’s most established lifestyle precincts, with residents within walking distance of the beach, dining along Surf Parade, Pacific Fair Shopping Centre, and the Gold Coast Convention and Exhibition Centre. The suburb has seen limited new apartment supply over the past year, contributing to strong early demand for Harmony.&nbsp;

Construction is due to commence in Q2 2026, with completion targeted for late 2028, as Gold Partners Australia expands into the Gold Coast market alongside its established pipeline in New South Wales.

[smartcode_project_cta:default project_id=113098]

Harmony on Broadbeach races to 75 per cent sold as Gold Partners Australia target construction commencement

VCAT

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VCAT has handed down decisions in recent weeks regarding two major developments in Melbourne's suburbs.

Last week the tribunal ruled on a proposal for Brunswick's 8 Ballarat Street. The Plus Architecture-designed apartment building included 147 apartments and 158 car parking spaces as originally submitted; apartments in the 8 level proposal are split between 50 single bedroom and 97 double bedroom options.

Developer 8 Ballarat Street Pty Ltd challenged Moreland City Council's conditions for the substantial development, one of which would have seen the top two floors sheared off the design.

In light of amended plans amended plans prepared by Plus Architecture, the full 8 level form was given the green light, albeit with reworked setbacks across upper levels. 

Now approved, 8 Ballarat Street joins the hundreds of additionally approved apartments across a gamut of residential projects that have yet to be delivered across Brunswick. VCAT's decision may also influence future intentions for the adjoining 10 Ballarat Street which was offered for sale during 2017.

Across a 4,247 square metre land plot, the site's sale was handled by Colliers and came with indicative design also spanning 8 levels.

<figure><a class="colorbox colorbox-insert-image" href="https://res.cloudinary.com/dz9xllyip/image/fetch/q_auto:good/https://s3-ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public//pictures/article-images/image3ballarat.jpg" rel="gallery-all" title="8 Ballarat Street alongside a conceptual 10 Ballarat Street"><img alt="" class="image-article-full-width-580px" height="205" src="/sites/urban.melbourne/files//styles/article_full_width_580px/public/pictures/article-images/image3ballarat.jpg?itok=ilsbYmh-" title="8 Ballarat Street alongside a conceptual 10 Ballarat Street" width="580"></a>

<figcaption>8 Ballarat Street alongside a conceptual 10 Ballarat Street</figcaption></figure>Meanwhile, VCAT last month also ruled in favour of a major stand-alone Box Hill hotel development.

LongRiver Group can now make good on the prospect of delivering a DoubleTree by Hlton onsite. The Buchan Group's design sees a woven facade over the tower's 25 levels. Expected within the tower are 200 rooms according to Development and Project Manager APP.

VCAT for their part noted that Whitehorse City Council did not object to this proposal on the basis of the appropriateness of the land use, but on grounds relating to the appropriate level of car parking required to service the project.

With conditions ruled upon, the design at 874-878 Whitehorse Road can join LongRiver Group's other Box Hill tower, namely <a href="/buildings/east-central-tower-820-whitehorse-road-box-hill">East Central Tower</a> at 820 Whitehorse Road.

<figure><a class="colorbox colorbox-insert-image" href="https://res.cloudinary.com/dz9xllyip/image/fetch/q_auto:good/https://s3-ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public//pictures/article-images/image4_20.jpg" rel="gallery-all" title="Buchan Group's woven facade across 874-878 Whitehorse Road"><img alt="" class="image-article-full-width-580px" height="290" src="/sites/urban.melbourne/files//styles/article_full_width_580px/public/pictures/article-images/image4_20.jpg?itok=VyzZ_wmV" title="Buchan Group's woven facade across 874-878 Whitehorse Road" width="580"></a>

<figcaption>Buchan Group's woven facade across 874-878 Whitehorse Road</figcaption></figure>
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silvermb

VCAT rules in favour of two major Melbourne developments

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A 17-storey student housing building at 500 Swanston Street is off to VCAT after the applicant, Journal Property Limited, decided to appeal the matter after City of Melbourne council failed to make a decision within the requisite 60 statutory days.

During its meeting on Tuesday night, the City of Melbourne's Future Melbourne (Planning) Committee resolved that it would have issued a permit subject to conditions, had the appeal to VCAT not been made.

These conditions would have included a reduction in height of two levels taking the overall height down to 15-storeys or approximately 51.5m, which according to Council planners would provide a better transition between Upper House to the north (17-storeys), Arrow on Swanston Street to the south (12-storeys) and The Eminence (15-storeys) to the north-east.

<figure><a class="colorbox colorbox-insert-image" href="https://res.cloudinary.com/dz9xllyip/image/fetch/q_auto:good/https://s3-ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/pictures/article-images/swanston_street_elevation.jpg" rel="gallery-all" title="Amended Swanston Street elevation dated March 2018. Image: Metier3 Town Planning documentation"><img alt="" class="image-article-full-width-580px" height="386" src="/sites/urban.melbourne/files/styles/article_full_width_580px/public/pictures/article-images/swanston_street_elevation.jpg?itok=fKJ22BUL" title="Amended Swanston Street elevation dated March 2018. Image: Metier3 Town Planning documentation" width="580"></a>

<figcaption>Amended Swanston Street elevation with reduced height (March 2018). Image: Metier3 Town Planning documentation</figcaption></figure>This would reinforce Upper House's prominence on the corner and ensure that the proposed tower is not as prominent when viewed from Swanston Street, argues Council. Additionally, Council would have required levels 11 and above to be reconfigured to increase the setbacks from the southern boundary reducing their dominance and bulk further.

Increasing the setbacks will also improve internal amenity for student accommodation modules and improve the external amenity impacts by creating a greater separation from surrounding residential properties.

Council's planners provided their appraisal based on plans prepared by Metier3 in November 2017, which were subsequently amended in March 2018 with the following changes:

<ul>
<li>Deletion of levels 15 and 16 to reduce the overall building height by two levels to 15 storeys;</li>
	<li>Increased setback of Building D upper levels (11-14) from the south boundary to provide a 9m setback from the Arrow building, as well as reducing the overhang to allow more natural daylight to lower levels of accommodation;</li>
	<li>Introduction of light wells to Building D upper levels (11-14) to allow for improved natural light and ventilation to hallways on levels 11 to 14;</li>
	<li>The removal of rooms to allow for two additional windows per level to improve natural light and ventilation to hallways in Upper Mezzanine to level 10;</li>
	<li>Deletion of all 13 rooms in the lower mezzanine to remove all rooms with restricted daylight access. Part office and communal areas relocated to this space allowing for the deletion of basement.</li>
	<li>Introduction of four rooms to ground floor. Two twin share rooms added to ground floor made possible as result of the consolidated office space spread across two levels. Rooms were introduced to offset 13 rooms deleted from lower mezzanine below as these four rooms have adequate access to natural daylight;</li>
	<li>Deletion of basement;</li>
	<li>Deletion of east-west facing windows on northern boundary;</li>
	<li>Rationalised internal communal space to levels 10 and 11 to allow for additional rooms;</li>
	<li>Relocation of bike store to ground floor to enable direct access off building entry/street level;</li>
	<li>Overall reduction in number of beds from 710 to 587;</li>
</ul>
The original plans included three building elements providing 710 student accommodation units via a mix of studio, two-bed, three-bed, four-bed and five-bed units.

A food and drink, and two retail tenancies are located at the ground level, while the basement would contain a laundry, workshop, storage for 80 bicycles, and building services.

The lower ground will largely accommodate communal student areas including two landscaped courtyards, lounge, communal and private study areas, kitchen and dining area, entertainment, well-being and gym areas and gaming room.
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Laurence Dragomir

500 Swanston Street off to VCAT - City of Melbourne provides conditional support

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Ballarat estate agency Gull and Company has been reprimanded and penalised $5,000 by the Victorian Civil and Administrative Tribunal (VCAT) for operating without a licence during 2015. 
The company operated without a licence between 27 August and 19 October of that year, during which time it carried out estate agent functions. 
In June and August of 2015, the Business Licencing Authority (BLA) emailed Gull and Company, reminding it to lodge its annual statement and pay the required fee, which the company did not do within the required time. As a result, Gull and Company’s licence was automatically cancelled. 
The company initially claimed that it had not received the second email, and was therefore not given sufficient notice of its annual statement and payment obligations, as required under the Estate Agents Act 1980. 
Prior to the VCAT hearing, Gull and Company arranged for a forensic examination of an old computer server, which showed that the company had received the second email.
As well as the penalty and reprimand, Gull and Company must also: 
<ul>
<li>advise vendors that it acted for while unlicensed that, among other things, it was not a licensed estate agent at the time </li>
<li>establish a system to ensure that it lodges its annual statements and pays the required fees on time. </li>
</ul>
Gull and Company applied to the BLA for a new licence, which was granted on 20 October 2015.  
The $5,000 penalty must be paid into the Victorian Property Fund. 
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j.ballantyne1990-6AQqhLzZaK

Ballarat estate agency cops fine after licensing mixup

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The future existence of Fitzroy’s Spanish Club on Johnston Street has been thrown into jeopardy, after a recent VCAT decision denied a planning permit for the redevelopment of the existing building.
Papers have already been lodged to Supreme Court to appeal VCAT’s decision.
The site’s developer Tim Gurner had agreed to absorb the Club’s substantial debt and transfer ownership of that debt into his company’s name to ensure that the banks could not pursue the Club for costs whilst the redevelopment was ongoing.
Proposed plans by his GURNER firm would have seen the 787 sqm site transformed into a new Spanish bar and restaurant, with clubhouse facilities at ground level and apartments occupying the 5 – 6 levels above.
After successfully mediating with all objectors except for one, the permit was denied on a technicality due to an adjoining property owner’s automotive paint shop, and this landowner’s refusal to negotiate a new location for an exhaust flue on the shared boundary.
The elected president of The Spanish Club, Margarita Ros, explained that unless the decision is overturned the business will have to sell up and close, as without the support of redevelopment its business model cannot remain viable in its current form.
“Tim Gurner had taken on personal liability for the Club’s existing debt and has been paying our interest for over a year to ensure that we could continue trading and operating in the community until the redevelopment had been completed, however now I don’t see how we can repay the debt and continue to function as a community,” Ros said.
“The Club has played a vital role in helping to integrate and promote multiculturalism in Victoria. Over the years, it has also assisted the broader community through fundraisers for various disaster recover appeals. To think that this might be our last year working with the community is too upsetting to contemplate. It’s just devastating.”
The location of the flue fails to meet Environmental Protection Authority guidelines and is also a non-conforming use within the current mixed use zoning, leading the VCAT Member to rule that the flue was in an unacceptable position for the proposed development. 
Commenting on the matter, Tim Gurner said that it was disappointing to see the permit denied on such a small technicality.
“To have a scheme overturned due to a neighbouring land use that is not even allowed in this zone, and from an exhaust flue that is not compliant with EPA guidelines is incredibly disappointing and shortsighted,” he said.
“The Spanish Club has been celebrating the unique culture of Spanish immigrants for the better part of 50 years; it is run by a voluntary committee and all income that is generated is reinvested into the Club.”
Immigrant social clubs all over Australia have been ordered to either adapt or close their doors for good in recent years. The Sydney Spanish Club was forced to shut in 2013, while Melbourne’s Celtic Club has been on the market for many years after failing repeatedly to forge agreements to redevelop the ailing pub.
“We will be challenging the decision at the Supreme Court to attempt to keep the Spanish Club alive and thriving into the future,” Gurner added.
“What doesn’t make sense is that the VCAT Member even stated he was in support of the project in terms of its overall design outcome and height. Why then fail to provide a permit on a technicality, why not instead issue a permit pending the ability to resolve the issue.”
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Spanish Club in jeopardy after VCAT decision

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Public comments and submissions are invited on a proposed new fee structure for the Victorian Civil and Administrative Tribunal (VCAT).
The existing regulations governing fees at VCAT are set to expire on 30 June 2016. The government is taking this opportunity to design a new fee structure that will more accurately reflect the cost of operating VCAT and more fairly distribute the proportion of that cost that is paid for by users.
In accordance with the Victorian Guide to Regulation, the government now seeks the views of the public on the proposed regulations, in the hope that their quality and usefulness can be improved by integrating the information and perspectives of the community.
Submissions
Public comments and submissions are invited on the attached Regulatory Impact Statement (RIS) and proposed regulations. Submissions must be received no later than 5pm on Monday, 2 May 2016. The submissions will be considered before the proposed regulations are made.
All submissions will be treated as public documents, will be provided to the Scrutiny of Acts and Regulations Committee, and are subject to legislation such as the Freedom of Information Act 1982.
For more information, <a href="https://myviews.justice.vic.gov.au/vcat-fees-regulations-2016" target="_blank">click here</a>.
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po-LsXgBTHBmX

Property 101: Submissions open for new VCAT fee structure

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A Melbourne estate agency and its director have been fined a total of $7,000 over the agency’s poor conduct in the sale of a four-unit development in Malvern.
The Victorian Civil and Administrative Tribunal has also ordered, with the consent of the parties, that estate agent, Frank Valentic, 46, of Elwood, have his estate agents licence suspended for six months, starting from 1 April 2016.
Mr Valentic is sole Director and Officer in Effective Control of Advantage Property Consulting Pty Ltd, which provides buyers' advocate services.  
Advantage Property has also been ordered to begin a three-year compliance, education and training program to ensure it complies with the Estate Agents Act 1980 and the Estate Agents (Professional Conduct) Regulations 2008. 
Consumer Affairs Victoria took action against Mr Valentic and Advantage Property following a complaint from a purchaser of one of the units.
Its action alleged that:
<ul>
<li>purchasers were assured that they would have exclusive access to part of a courtyard that was actually common property, despite this needing to be agreed to by the owners corporation after the settlement</li>
<li>Mr Valentic twice entered a tenanted unit without the tenant’s knowledge or consent that the inspections were taking place</li>
<li>Mr Valentic appointed Advantage Property as owners corporation manager even though he had no authority to make that appointment</li>
<li>Advantage Property charged two purchasers a ‘consulting fee’ of $13,750 for services that should have been better described to them</li>
<li>Advantage Property instructed purchasers to backdate legal documents</li>
<li>Advantage Property required purchasers to use a particular solicitor to undertake the conveyancing work.</li>
</ul>
Director of Consumer Affairs Victoria Simon Cohen said this was a good outcome that highlighted that the regulator would pursue unprofessional conduct by estate agents.
“Victorians need to be able to trust that buyers advocates are acting in their best interests and not engaging in conduct that is motivated by self interest,” Mr Cohen said.
“The actions of Mr Valentic were reprehensible and designed to put the purchasers of these properties at a disadvantage, while profiting from his actions.”
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VCAT fines Frank Valentic's Advantage Property Consulting

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The director of a former estate agency in Melbourne’s Boronia has been declared ineligible to hold an estate agent’s licence, or be an estate agent’s representative for five years, after he admitted to knowingly authorising and permitting the agency to convert trust money to its own use.
Michael Knight, 49, was found guilty by the Victorian Civil and Administrative Tribunal of breaching the Estate Agents (Professional Conduct) Regulations 2008 on several counts, such as not acting with care and diligence in his role as an estate agent.
His company, Michael Knight Real Estate Pty Ltd, was also found to have violated the Estate Agents Act 1980 by:
depositing trust money directly into the agency’s business account for its own use thrice
causing a deficiency in the trust account by withdrawing trust money prior to property settlement a further three times
not completing a number of monthly trust account reconciliations, or completing them incorrectly
failing to have the agency’s trust account audited for the 2013-2014 financial year.
The tribunal reprimanded Knight and declared him ineligible to hold a real estate agent’s licence, or to be an agent’s representative for five years.
Knight also gave an undertaking to the tribunal that he would never apply for, or seek to hold another estate agent’s licence. He must also inform any estate agent that employs him in future about the ruling against him.
Michael Knight Real Estate Pty Ltd was also reprimanded and declared ineligible to hold a real estate agent’s licence for five years.
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Victoria court rules against Boronia estate agent 

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Joel Phillip Murray, an estate agent, was reprimanded and had his licence suspended for three months and conditions attached to it, after failing to have his trust accounts audited. 
The Victorian Civil and Administrative Tribunal found that Mr Murray, 41, of Berwick, contravened the Estate Agents Act 1980 and the Estate Agents (Professional Conduct) Regulations 2008.
Mr Murray failed to cause his trust account to be audited within three months of the end of the 2010-2014 financial years, and to lodge copies with the Director of Consumer Affairs Victoria, as required by the Act.
The tribunal found that Mr Murray contravened the Regulations by failing to exercise due skill, care and diligence in performing his functions as an estate agent, and by engaging in unprofessional conduct.
He was reprimanded and had his licence suspended for three months from 20 October 2015 until 19 January 2016.
His licence was also made subject to a condition that, on or before 19 October in each of 2015, 2016 and 2017, Mr Murray must notify the Director in writing whether or not he has complied with his trust account audit and lodging requirements for the previous financial year.
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Strict trust account audit requirements for estate agent Joel Phillip Murray

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Carlton conveyancer Mandeep Johal, 37, has been reprimanded and had conditions placed on his licence, by his and Consumer Affairs Victoria's consent, after the Victorian Civil and Administrative Tribunal found he contravened the Conveyancers Act 2006.
Consumer Affairs Victoria applied for an inquiry into Mr Johal's conduct after receiving numerous complaints when he was trading as MM Conveyancing, Metropolitan Melbourne Conveyancing and Budget Conveyancing.
The tribunal found Mr Johal had contravened the Act and its associated regulations by failing to:
<ul>
<li>disclose a potential or actual conflict of interest relating to his conveyancing services</li>
<li>disclose the costs of conveyancing work to his clients, and including legally required information in his cost disclosures</li>
<li>notify the Business Licensing Authority of information required in his conveyancer's licence application</li>
<li>comply with the rules of conduct a conveyancer must adhere to under the law.</li>
</ul>
As part of the conditions placed on his licence, Mr Johal must:
<ul>
<li>install a voicemail and email notification advising clients that their telephone call or email will be responded to within 48 hours</li>
<li>implement and publish a complaint-handling procedure, have it audited every six months for three years, and provide a copy of the audit report to the Director within five days of receiving it.</li>
</ul>
Mr Johal was also ordered, by consent, to undertake an Advanced Diploma of Conveyancing at the Melbourne Polytechnic within nine months of the date of the tribunal's order, and to notify the Director of Consumer Affairs Victoria after successfully completing it.
Mr Johal was also ordered to pay a penalty of $1000 into the Victorian Property Fund.
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MM Conveyancing told to get some education: VCAT

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Consumer Affairs Victoria has ordered that estate agent Scott Hoare may not hold a licence or act as an agent’s representative until October 2024.
Scott Hoare, 40, of Tanjil South, was previously the sole director of SLGH, which traded as Stockdale &amp; Leggo Trafalgar in regional Victoria.
The trust account deficiency was confirmed in early April 2014, after SLGH's trust account auditor advised Consumer Affairs Victoria of irregularities occurring outside the annual audit period beteween July and September 2013.
The Victorian Civil and Administrative Tribunal (VCAT) found that Scott Hoare fraudulently withdrew $37,490 from the trust account.
He also failed to transfer $5,090 of rent into the account after the group’s internal structures brought the matter to the attention of the authorities.
“Scott was expelled from the Stockdale &amp; Leggo group on 19 March 2014 as soon as these issues became apparent, and it was through our due diligence that the authorities were able to act so quickly,” Stockdale &amp; Leggo <a href="https://www.rebonline.com.au/breaking-news/9349-pressured-real-estate-boss-banned-for-fraud" target="_blank">advised the REB industry website</a>.
According to VCAT, the trust account fraud involved “10 instances of early sales commissions drawn, cash deposits not banked and unconfirmed disbursements” between July 2013 and September 2013, instead for personal purposes including evidence that he had made withdrawals at a casino.
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