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

Joel Robinson

Garden-led design drives buyer demand at Yarraville Green

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

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

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

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

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

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

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

Elevated amenity anchors daily life at Aeris, Melrose Park

Consumer Affairs

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The Victorian Civil and Administrative Tribunal (VCAT) have suspended a Langwarrin real estate agent for failing to exert adequate control over her agency.
Gayle Stewart’s real estate licence has been suspended until January 2015 after she failed in a number of her duties as officer in effective control of 11th Empire Pty Ltd, trading as LJ Hooker Langwarrin.
The company traded from mid-2012 to February 2014.
Consumer Affairs Victoria suspended Stewart and 11th Empire in July 2013, before filing VCAT proceedings.
VCAT suspended Stewart for a further nine months. In total, Stewart's licence will was suspended for a total of 18 months.
The company went into liquidation after their licences were suspended.
Stewart was found to have failed to supervise the agency business, which she was responsible for, as well as failed to establish procedures to ensure that business was done legally and with good practice and to monitor the business to ensure compliance.
Stewart did not make proper enquiries. For instance, when co-signing cheques to a value of more than $100,000 from the agency’s general account, even when she doubted the honesty of the person receiving the funds.
She had also signed cheques after funds were incorrectly put into the general account, rather than the agency’s trust account. While she did not know this at the time, she was told she should have conducted further enquiries. Stewart was also reprimanded for failing to control the real estate agency.
VCAT warned that the officer in effective control’s role is pivotal to protect the public. Those in this role who are not in effective control should resign, even when acting honestly.
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Victorian agent suspended for failing to control agency

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Kostantinos Balasis, a former Craigieburn real estate agent, has been sentenced to a 12 month jail term with six months non-parole after his appeal was rejected by the Victorian County Court.
Balasis had admitted to trust account offences that totalled deficiencies of $438,395.
Not only was his appeal recently rejected, but his previous compensation order of $203,992 was hiked up to $305,092. He is also liable to pay costs.
Had Balasis not plead guilty, Magistrate Patrick Sothey warned he would have imposed a 20 month prison sentence with 10 month non-parole period.
His sentence was ruled appropriate by the Court on appeal due to the large sum of money involved, breach of trust, breach of statutory duty and breach of fiduciary obligations to his consumers.
Balasis’ company Victorian Realty Group Pty Ltd operated as Century 21 Complete Properties Craigieburn from 2009 to 2012.
Between January 2011 and August 2011, he converted $346,900 worth of deposits from 12 Craigieburn townhouses for his personal use, without returning it. He also did not pay two sellers of a property in Roxburgh Park the $25,000 he was holding for them in April 2012. First, he gave them a cheque that bounced before providing a second cheque, which also bounced.
In May 2012, Balasis failed to provide two home buyers a deposit of $35,995 after they rescinded from buying a Craigieburn home. The cheque also bounced in this instance.
In July 2012, Balasis neglected to pay a seller the $30,500 deposit that she was entitled to after selling her home.
Consumer Affairs Victoria began an investigation of Century 21 Craigieburn in April of that year, seizing documents that lead to criminal prosecution.
The affected consumers have made claims against the Victorian Property Fund.
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Former Craigieburn agent loses appeal against 12 month jail sentence

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Former real estate agent representative Dennis Ong, full name Kian Meng Ong, pleaded guilty in Moorabbin Magistrates Court to four counts of fraudulently converting funds received by his employer, totalling some $52,024.90.
Ong was sentenced to a four month jail term, wholly suspended for 18 months, due to the misappropriation of trust account money. He was also fined $2,500 and ordered to pay $114 in costs.
Ong, who managed a portfolio of 150 rental properties at Ray White Oakleigh, changed the account details in the ‘payee’ field on the agency’s computer system to his own private bank account, rather than into the landlord’s account, on four occasions between September 2012 and February 2013.
In February 2013, a landlord complained to the agency about not receiving funds, at which point Ong confessed to his employer.
Ray White Oakleigh contacted Consumer Affairs Victoria (CAV) to notify them of Ong’s actions. Ong admitted his conduct to CAV and arranged to repay the stolen money.
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Trust account misappropriation lands former agent jail sentence

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Consumer Affairs or the department of Fair Trading is the governing body in most states that is there to protect the consumer across a variety of industries and transactions.
In Victoria, Consumer Affairs Victoria (CAV) are the ‘leading’ consumer affairs protection agency and regulator. Their purpose is to help the public be responsible and informed businesses and consumers.
<ul>
<li>They review and advise the state government on consumer legislation and industry codes</li>
<li>They advise and educate consumers, tenants, businesses and landlords on their rights, responsibilities and changes to the law</li>
<li>They register and license businesses and occupations </li>
<li>They conciliate disputes between consumers and traders, and tenants and landlords </li>
<li>They enforce and ensure compliance with consumer laws</li>
</ul>
This is all wonderful for the consumer, however what is most disturbing is that like many government run organisations, they aren’t in any way accountable to the consumer.
Let’s look at the process of a consumer lodging a complaint against a real estate agent or agency and then compare it to what happens if that same consumer were to lodge a complaint against a financial planner with the financial ombudsman service (FOS).
The CAV website explains when to lodge a complaint, what conciliation is and the forms to use when lodging a complaint. There is nothing, however, that identifies the steps CAV will take or how your complaint will be handled or resolved.
In Victoria, most consumers make a phone call to CAV and the complaint is discussed. When personally testing the process and after discussing the matter, I have been required to hang up and lodge a written complaint, addressed to Consumer Affairs and to no one in particular. Having followed that process, nothing was ever sent to me to confirm that they had received my complaint, no complaint number was issued and no contact from CAV was ever made in relation to what was going to happen re the matter I reported. It actually so happened that I reported a financial planner who I knew had obtained his real estate licence fraudulently.  Apparently CAV didn’t deem that worthy of investigation as 18 months later, the financial planner still holds his real estate licence.
Recently, while testing the process again regarding a different matter, I was able to give the details of an unlicensed and active real estate agent and when I requested a case number or to be kept notified of the outcome, I was told no case number would be provided and that due to ‘privacy reasons’, the only way to check the progress of the matter, if in fact there was to be any investigation or action taken at all, was to check the public updates on the CAV website. In other words: "Thanks, but we will tell you nothing from here, we may not even pursue the matter if we deem it not worthwhile or sufficient enough of a breach to worry about."
Scary, isn’t it?  Even worse, CAV are quick to tell the consumer they are in the marketplace investigating and keeping an eye on things. For example, in the lead up to the Easter 2014 auction season, director of CAV Claire Noone announced they would be “watching for any misconduct during the buying and selling process - from the moment a property is advertised to when deposits are paid and held in trust accounts. Our staff will also attend auctions to make sure they are conducted according to auction rules.”  
Announcing this type of crackdown publicly is the equivalent of the police announcing they are about to raid active bikie gangs in the state in the coming weeks, thereby giving them plenty of notice to hide any illegal activity. Other than pre-warning agents to prepare for a raid, CAV accomplished nothing other than trying to highlight they are doing the job (poorly, it seems) that is expected of them.
Not surprisingly, as a result of this ‘early warning’ announcement to the industry, the crackdown on underquoting revealed a "close to 100%" pass rate for agents of what was a biased investigation ( only property with prices disclosed on advertising were investigate). This was despite a new poll suggesting more than half of agents admit the practice is a problem for the industry.
In the latest <a href="https://bit.ly/1hAWhQ7" target="_blank">Real Estate Business </a>straw poll, it appears the industry believes things are much worse than they are. Of the 368 respondents, 47.6% said underquoting was a major problem in the industry, while 17.9% said it was an issue but wasn’t too bad. A total of 19.6% said it was not a problem, but admitted it happens, while just 10.6% of agents believe there is no active underquoting in the industry. 
Victoria needs to follow the lead of South Australia and introduce regulations to stop underquoting. 
Back to Consumer Affairs accountability to the consumer.
My initial investigations with CAV and the media manager at the Department of Justice as to how many staff monitored compliance of section 18 of the ACL or section 131 of the CCA yielded the following statement:
“Australian Consumer Law is such a major part of Consumer Affairs work and has been integrated across the business - policy, inspection, legal, customer service and so on - a head count would not be … meaningful.”
My research since has gleaned that there are approximately 30 investigators working in CAV with approximately 6 dedicated to investigating the real estate industry.  For the year 2013, there were 82,981 Melbourne metro sales, with 30% (24,895) <a href="https://bit.ly/1r4KnSb" target="_blank">sold by auction</a> and only 6 possible dedicated investigators! 
The CAV 2012 – 2013 annual report shows 9609 calls were made regarding estate agents and the fifth highest number of complaints were about ‘misleading and deceptive conduct’. They did however “attend 15 property auctions in St Kilda and South Yarra in April. A similar compliance exercise was completed in December in the Bentleigh area.”  Disappointingly in this report, there is no reference to how many investigations were made further to these calls, but 309 estate agent disputes were ‘finalised’.
Now let’s compare the complaints process at FOS.
Firstly, when you go to their website, they have a dispute handling process clearly identified. They don’t just tell you how to lodge a complaint or when to, but the steps and process along the way.
"Step 1: Contact your financial services provider Step 2: Lodge a dispute with us (complainants will be issued with a case number and case manager to liaise with throughout the course of the complaint process. Timeframes to handle the dispute are identified upfront). Step 3: Our review of the dispute begins Step 4: How your dispute will be handled Step 5: How your dispute will be resolved" 
Source: <a href="https://bit.ly/1nxB0JX" target="_blank">FOS</a>
The process of protecting the consumer and regulating the industry cannot be left to CAV. They are patently understaffed and under skilled to be monitoring matters that involve consumers spending hundreds of thousands and even millions of dollars of their hard earned income.  
We shouldn’t trust that Consumer Affairs is looking after our interests in property matters.
It’s time to remove this sector of governance from CAV and to set up an independent board of consumer and real estate industry representatives that prides itself on objectivity, integrity and transparency in all aspects of its operations, like FOS.
<a href="https://www.miriamsandkuhler.com.au/">Miriam Sandkuhler</a> is the founder of <a href="https://www.propertymavens.com.au/">Property Mavens</a> - a specialist property advisory firm based in Melbourne. You can support the introduction of new legislation around underquoting by signing her Victorian petition <a href="https://chn.ge/1unh4yw" target="_blank">here</a>.
 
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MiriamSandkuhler-brdvzrAYV2

Can we really trust Consumer Affairs to look after our interests?

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Reliable Renovations &amp; Construction, the trading name of unregistered York builder Bruce Alistair Beaton, has been ordered to pay $5,500 in fines and $900 of costs after being prosecuted by the Building Commissioner.
At the Northam Magistrates Court, Beaton pleaded guilty to three charges relating to residential building work undertaken at a Northam property between April and July 2011 to the total value of $90,000. The property was storm-damaged.
He did not have registration, as required for most building works over $20,000 in many parts of Western Australia.
He also did not ensure the home building work contract was signed by both parties or contained the specific amount payable by the owner. He also did not obtain a home indemnity insurance policy.
The Western Australian Building Commissioner recently<a href="/expert-insights/building/unregistered-perth-home-renovation-company-and-directors-ordered-to-pay-41-200"> prosecuted another unregistered Perth building company</a>. Finishmyhome.com.au's directors Paul Edward Ovens and Allesandro Giuseppe Iovene were ordered to pay $41,200 of fines and costs.over registration and contractual offences. 
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Western Australian Building Commissioner fines another unregistered builder

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Finishmyhome.com.au, an unregistered home renovation company, and directors Paul Edward Ovens and Allesandro Giuseppe Iovene, were successfully prosecuted by the Building Commissioner over registration and contractual offences. They were ordered to pay $41,200 of fines and costs.
The proceedings were finalised in the Perth Magistrates Court earlier this month. Both directors plead guilty to five charges about renovating a Roleystone property between May and August 2011 and a Maylands home between September 2012 and April 2013. The work totalled $296,000.
They did not have the necessary registration or home indemnity insurance.
Building Commissioner Peter Gow said that the actions were plain irresponsible.
“For instance, the absence of home indemnity insurance puts the consumer at significant risk of financial loss if the builder cannot complete the building work or meet a valid claim for faulty or unsatisfactory building work because of death, disappearance or insolvency,” he said.
“Consumers should protect themselves by checking their building service provider holds the required registration or licence before engaging them to carry out work.”
Investors can check the licensing of their builder <a href="https://www.commerce.wa.gov.au/buildingcommission" target="_blank">via an online database</a>.
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Unregistered Perth home renovation company and directors ordered to pay $41,200

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A former Sydney real estate agent has plead guilty to stealing over $1 million from her strata clients.
Rachael Jena Kwawegen headed a strata management company that collected levies from about 5,500 property owners in 240 Sydney apartment and commercial buildings.
Fairfax Media Domain revealed last year that the boutique strata company, The Strata Agency, was being investigated by NSW Fair Trading over alleged irregularities in its business dealings.
On 29 January 2014, the NSW Fair Trading cancelled the licence and disqualified Kwawegen from holding a licence or certificate for a period of 15 years and disqualified from being involved in the direction, management and conduct of the business of a licensee for a period of 15 years. 
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NSW Fair Trading  released a statement saying that: "Licensee Rachael Kwawegen pleaded guilty to breaching section 211 of the Property Stock &amp; Business Agents Act for misappropriating in excess of $1 million of trust fund monies."
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She will be sentenced at Parramatta Local Court next month.
But there have been no policy changes from NSW Fair Trading, which operates a property compensation fund to cover any shortfalls in trust funds.
Strata manager David Ferguson, and former president of Strata Community Australia, said the state government should have more controls in place to regulate new strata management companies given new strata management companies are popping up every day at the moment.
“The are new strata management companies popping up every day at the moment,” Ferguson told the Sydney Morning Herald. 
“And there’s nothing to stop another The Strata Agency happening again. The money may have been safe but the disruption to people’s lives and chaos this caused was just terrible.”
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Former agent pleads guilty to $1 million misappropriation as NSW Fair Trading told to better regulate strata management

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A Western Australian agent has been fined $3,500 by Consumer Protection after failing to present the highest offer for a Warnbo, Perth property to the vendor.
As the sales representative for a property in Warnbro in November 2012, Dane Stephen Rawlings received two offers on the property. One was $410,000, the other for $400,000, both subject to finance. He did not present the highest offer to the seller.
If the seller had accepted the higher price it would have resulted in Rawlings sharing the commission with the sales representative for the prospective buyers who made the offer on a ‘conjunctional’ basis.
The lower offer would see him receiving the full sales commission. He presented the $400,000 offer to the seller, which was accepted.
Rawlings told the sales representative that the higher offer was rejected as the other offer was a full price cash offer. This was not correct.
Consumer Protection took action against Rawlings after an investigation into the sale. It was found he had breached the Code of Conduct for Agents and Sales Representatives.
Real estate agents and sales representatives should always be acting in the best interest of their clients, said Commissioner for Consumer Protection, Anne Driscoll.
“Honesty and integrity is at the heart of the Code of Conduct and those in the real estate industry who do not adhere to the rules may be subject to disciplinary action and ultimately could lose their licence to operate,” she said.
Rawlings faced two charges, fined $1,500 and $2,000 on each on 30 July 2014. He was also ordered to pay costs of $1,000.
That he did not communicate the higher offer to the seller was considered a serious matter by the State Administrative Tribunal. They noted that it involved concealment that was very difficult to detect, undermines the sales process as well as undermines the trust the public has in the real estate industry.
Rawlings assured that in future he would improve his practice by being present at every viewing to meet with potential buyers and agents – particularly for conjunctional arrangements. He would take precise diary entries and notes in regards to phone calls and meetings, and he would be more accountable in forwarding offers to the seller and principal.
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Western Australian agent fined $3,500 for not presenting highest offer to vendor

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South Australians who are hoping to buy or sell property have been warned against dealing with unlicensed agent Shane Snellgrove.
According to South Australian Commissioner for Consumer Affairs Dini Soulio, Snellgrove's registration was cancelled in September last year and he is no longer licensed as a land agent.
“Mr Snellgrove is ineligible to be licensed because he was recently declared bankrupt  by order of the Federal Circuit Court of Australia," said Soulio.
He urges consumers who have outstanding dealings with Snellgrove as a land agent to contact Consumer and Business Services (CBS).
“CBS has identified that despite warnings, Mr Snellgrove has continued to operate as a land agent unlicensed and has advertised properties on his website shanesnellgrove.com.au.
“CBS is investigating the conduct of Mr Snellgrove, and speaking to witnesses.  The maximum penalty for acting as a real estate agent while unlicensed is $20,000.
“I would warn consumers not to engage Mr Snellgrove as there is a risk that if they suffer detriment, they may not be afforded the protections provided by the Land Agents Act.
 
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Unlicensed agent alert: warning for South Australians

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The current higher levels of property spruiking activity was a sign that the Australian property was becoming overly exuberant, Paul Bloxham, HSBC Australia's chief economist has warned.
“Some of the tell-tale signs are there,” he told Fairfax Media on Friday.
“A pick-up in the property spruiking business is a signal things may be getting a little too exuberant,” said Paul Bloxham.
The former Reserve Bank official co-wrote a 2010 study into the causes of the 2003 Sydney housing boom and bust, noting it was accompanied by housing seminars in hotel conference rooms, along with direct telephone marketing.
Last month it emerged that state consumer watchdogs were <a href="/news/property-spruikers-receive-warning-letters-from-states">closely monitoring 37 property investment spruikers</a>.
The NSW Fair Trading, Consumer Affairs Victoria and Consumer ­Protection WA warned spruikers that “regulators across Australia are currently monitoring the information, advice and products that are being ­provided in the marketplace”.
Spruikers may be breaking the law for the unsolicited selling of property or education services at free-advice events, the consumer agencies suggested in letters sent to them. 
They note the “many instances” where they hadn’t complied with the requirement that they tell people about the right to terminate contracts during a <a href="/expert-insights/buying/what-is-the-cooling-off-period-investment-terms-explained">cooling off period</a>.
Making false or misleading representations about property investment carries the possibility of criminal and civil action and all claims made at seminars must be substantiated, advised the letters, obtained by the Australian Financial Review.
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