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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A real estate agent in Redcliffe, Queensland, has been fined $10,000 and ordered to pay more than $39,000 by QCAT over wrongful conversion of trust monies, following multiple charges brought by the Office of Fair Trading.
The real estate agent, Jason Hoppner, was found guilty of the multiple charges.
The funds in the trust account were due to be paid to five landlords, but the money was then diverted into three separate bank accounts. Each of these were owned by Hopper. In total, thirteen payments were diverted to his accounts from December 2010 and April 2011.
The funds totalled over $12,000, and 23 affected consumers saw themselves paid $30,368.21 by the Office of Fair Trading, with another five currently owed $8668.11.
Hopper has been ordered to pay $39,036.32 and has been disqualified from holding a real estate agent’s license for 15 years.
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Redcliffe, Queensland agent fined $10,000 for trust account abuse

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ACT real estate agent Mark Blinksell, ex-director of Grapevine Property &amp; Business, has been fined $10,000 after using a client’s deposit from a trust fund to pay down his own mortgage.
In February, <a href="/news/act/canberra-agent-s-license-cancelled-after-taking-trust-money-to-fund-home-loan">Property Observer reported that Blinksell had his license cancelled for five years</a> and had been disqualified for applying for a real estate of business salesperson’s registration for three years after he was found guilty of engaging in dishonest conduct by misapplying deposit monies received in 2013.
The deposit funds, that had been received around 7 January, 2013, in his role as vendor’s agent, were effectively stolen. He subsequently misrepresented and lied about where the funds were. He had been engaged by the vendor in October 2012, and received $22,000 in a deposit cheque from the buyers in the January.
Blinksell was given a six-month suspended jail sentence and a three year good behaviour bond. He had paid back the money with interest.
ACT Commissioner for Fair Trading Brett Phillips said that the ACT government takes real estate agents’ breaches of the law seriously.
"Real estate agents regularly handle large sums of money for their clients, and it is vital that they understand the gravity of such a responsibility," said Phillips.
Blinksell had operated Grapevine since 2009. He previously held positions at Mirvac and Capital Property Trust.
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Agent fined for using client’s deposit to pay off own mortgage

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The Victorian, New South Wales and West Australian state governments have issued letters to property spruikers in their states outlining their obligations under consumer law.
Victoria’s consumer affairs minister, Heidi Victoria, spoke to <a href="https://www.propertyobserver.com.au/https://www.abc.net.au/news/2014-07-08/state-governments-warn-spruikers-to-stick-to-the/5581698?section=business" target="_blank">the ABC</a> about the high pressure, persuasive techniques used by property spruikers at seminars and events.
“The sort of things that we’re concerned about is, for example, a high pressure sales environment – so when people come along just for information, but then feel obliged to either spend money on an education program, or that type of thing,” said Victoria.
“We want to make sure they’re not feeling pressured into signing anything on the night, that they are given plenty of time. But also to understand that those operating in the space must give a 10 day cooling off period.”
In February, the ABC reported that West Australia, New South Wales and Victoria’s governments were monitoring 15 property spruikers. However, Victoria said though some property spruikers had received letters outlining their legal obligations, Consumer Affairs Victoria was not currently investigating any particular property spruikers.
“This is just more a general ‘get to know you’ sort of letter, and say, ‘these are your rights and obligations’,” Victoria said.
“We’re very much about educating people who are operating in any business. The type of letter that has gone out to them just outlines their responsibilities, and also their obligations, and of course if they don’t abide by their obligations, and if they’re not working correctly under Australian consumer law, then we can take it much further.”
Of people investing in property through a self-managed super fund, Victoria said consumers must know their rights.
“A lot of people have to understand that when they’re doing this sort of investment, that they need legal and financial advice,” she said.
“It’s not something that can be taken lightly. As I said, it really is something that many people put their life savings into, and the last thing they want is for that to go belly up. So they do need to know their rights, their obligations as consumers and make sure they are investing in something that’s going to be safe, and something that has that long term projection.”
To see the letter sent by West Australia’s Commissioner for Consumer Protection, see next page
<hr class="system-pagebreak">
West Australia’s notice to the state’s property spruikers warns them of penalties associated with misleading consumers, which include fines of up to $1.1 million.
In a letter sent to property spruikers by West Australia’s Commissioner for Consumer Protection Anne Driscoll, she states:
<img src="/images/2014/07/10/cut-out-july-10-one.jpg" alt="">
In particular:
<img src="/images/2014/07/10/cut-out-july-10-two.jpg" alt="">
 
She adds:
<img src="/images/2014/07/10/cut-out-july-10-three.jpg" alt="">
Driscoll notes that misleading claims “can result in penalties of up to $1.1 million for a corporation or $220,000 for an individual”.
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Property spruikers receive warning letters from states

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George J Nowak, of the Charterhill Group, has filed for bankruptcy after the Federal Court in Adelaide froze his assets and those of his wife back in February.
At the time, the <a href="/news/federal-court-freezes-assets-of-charterhills-george-nowak">court had ordered the surrender of their passports, and restricted their travel outside of the country</a>, while ASIC investigated the collapse of the Charterhill Group.
The Charterhill Group specialized in assisting clients to invest in property with their SMSFs. This left nearly $6 million of super at risk.
Macks Advisory’s Peter Ivan Macks has been appointed as Nowak’s trustee, and he has advised that the bankruptcy came following an appointment of liquidators to companies within the Charterhill Group Lending Solutions International Pty Ltd and Nova Real Estate Pty Ltd.
Nowak, who lodged a statement of affairs with the trustee, listed 31 companies he was director and/or shareholder of.
The statement of affairs was signed and dated 30 June 2014, and lodged with the Debtor's Petition on the same day. The Debtor's Petition was accepted on 2 July 2014.
It is noted that unsecured creditors totals approximately $7 million. This includes a claim in his estate, brought by Nova Real Estate’s liquidators – of approximately $6 million.
Investigations are underway, but return to creditors at this stage is unlikely.
The following companies in the Charterhill Group were placed under external control in February:
•    Lending Solutions International Pty Ltd – liquidators appointed (Andrew Heard and Anthony Phillips of Heard Phillips)
•    Nova Real Estate Pty Ltd – external administrators appointed (Andrew Heard and Anthony Phillips of Heard Phillips)
•    EJ Property Developments Pty Ltd – receivers and managers appointed (Michael Basedow and Leigh Prior of Pitcher Partners)
•    Financial Wellness Pty Ltd – receivers and managers appointed (Michael Basedow and Leigh Prior of Pitcher Partners).
YOU MAY ALSO WANT TO READ
Investor update: <a href="/news/investor-update-charterhill-issues-clients-apology-after-closure">Charterhill issues clients apology after closure</a>
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Charterhill's George Nowak files for bankruptcy following liquidation of companies

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Two Perth real estate agencies have seen Consumer Protection given supervision orders by the State Administrative Tribunal (SAT) due to their misuse of trust accounts. 
Supervision orders require the company to carry on the duties for the agencies, before winding them up.
The two agencies were also said to be unable to operate within the Real Estate and Business Agents Act.
Kurt James Wallace, who traded as Scope Investment Services, was restrained from operating under an SAT approved application on 18 June 2014. A supervisor was ordered to be appointed to administer the financial affairs for Scope Investment Services.
Rent money should have been deposited into a trust account, but was instead put into the general agency account. This was not corrected and had been found in a Consumer Protection investigation. Wallace also failed to renew his triennial certificate in April 2014.
The second real estate agency that Consumer Protection took action against was Spirit Realty Pty Ltd that had been trading as Professionals Perth. The application was approved on 8 May 2014.
Numerous breaches of the Real Estate and Business Agents Act were found during an examination of the trust accounts. After the investigation began, they went into voluntary liquidation – said to be a significant reason behind the order that they could no longer conduct their business in accordance with the Act.
Commissioner for Consumer Protection, Anne Driscoll, conceded the actions are extreme, but said they are justified when client’s money has been misused.
“Bond and rental payments are not the property of the agent, that’s why they are held in trust on behalf of the agency’s clients. Failing to properly administer these funds is a serious offence with serious consequences under the law,” Driscoll said.
“There are strict rules governing the handling of client’s money and all licensed real estate agents need to be well aware of their legal obligations and adhere strictly to the law.
“Anyone who has any evidence of the misuse of trust money by agents is urged to contact us immediately so an investigation can be carried out and appropriate action can be taken.”
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Extreme action against trust fund misuse justified: Consumer Protection

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Property advertisements are governed under state and territory rules and regulations that define when something is misleading.
Today, we turn our attention to New South Wales’ Fair Trading and their guidelines around the advertising of real estate, as governed under the Property, Stock and Business Agents Act 2002 as well as the Fair Trading Act 1987.
Firstly, we note that something is misleading or deceptive if “it is likely to lead a reasonable or ordinary member of the class of persons to whom it is directed into error”.
If you are found to have engaged in this conduct, then the maximum penalty is 200 penalty units, which equates to $22,000. However, heftier fines may be imposed for those to also be found to have breached section 30 of Australian Consumer Law, which applies to the sale of land or interest in land. This could see you face a $220,000 fine in the case of an individual, or $1.1 million for a company.
To avoid the section 30 fine, you must not make false or misleading representations about the nature of the interest, the price payable, the location, the characteristics, the use to which it is capable of being put or may lawfully be put or the existence/availability of facilities.
This covers advertisements in newspapers, periodicals or other publications, public displays (on buildings, vehicles, place or in the air), in any document sent or delivered to anyone or left at the premises, on radio or television, or on a website or email.
ONE
Omission or silence around facts can be misleading. Your intent to mislead or not is irrelevant. What matters is the likely effect on reasonable or ordinary members of your target audience and the overall impression created.
TWO
It is not limited to your words – the photographs can be scrutinised for misleading conduct as well. Views and facilities are particularly important to focus on getting right.
Here are six scenarios of photographs, from Fair Trading, that are “undesirable” and likely to mislead:
<ul>
<li>A water view or scenery, placed next to a photograph of a house, makes it difficult to ascertain whether the water view or scenery can be seen from the house or whether the photograph is a 'location shot' 
</li>
<li>A beach scene with the wording 'minutes to this!' typed above the photograph does not give a clear indication of the distance from the property to the beach shown in the photograph 
</li>
<li>A park and beach with the wording 'opposite home' where, in fact, this view cannot be seen from the property 
</li>
<li>A house placed next to a photograph of a beach with the wording 'stroll to beach' printed underneath the photograph does not give a clear indication of the distance from the property to the beach 
</li>
<li>A beach with the wording '90 seconds walk to waters edge, not actual view' printed at the bottom of the photograph needs more clarification 
</li>
<li>A photograph on the internet of a beach with the wording '100 metres from beach' printed at the bottom of the photograph needs more clarification.</li>
</ul>
THREE
“Touching up” of photographs isn’t as harmless as you might think. If you’re hiding undesirable characteristics or enhancing other features, rather than just making the photos a bit more presentable, then you could be misleading the buyers.
This includes modifying, or allowing modification, of photographs so they no longer “truthfully and fairly represent that property”. Removing or adding features digitally in a manner than changes the appearance of a property is potentially misleading. Similarly, zooming in on a view that can be seen from the property, to make it appear closer, is also potentially misleading.
FOUR
It's acceptable to use obvious labels to clarify exactly what the photograph is in relation to the property, which will allow real estate agents to take great photographs of nearby, but not visible, beaches and amenities.
Photographs of views taken from the property itself - no label required.
Photograhs of views in the immediate area, but not taken from the property - labelled 'LOCATION SHOT'.
This label should only be applied to photographs of facilities and services in the "immediate surrounding area of the property".
FIVE
When it comes to wording, there's a vague way and a more appropriate way, suggested by Fair Trading. This is particularly the case for descriptions in reference to distances - the more specific and detailed the better.
For instance, 'close to [feature e.g. beach, shops]' is not as favoured as 'Two kilometres to [feature]'. The term "within walking distance" is also preferably replaced with the real distance.
Fair Trading warns the real estate agents are responsibly for the information they provide, and claiming that buyers should make enquiries as to the accuracy of the information is not enough.
Despite this, many real estate agents provide a comment in their advertisements noting that the information should be checked by the buyer.
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Five things to know about misleading property advertisements

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Rent to buy schemes, also known as vendor financing, have received some bad press over the past year – and it seems that their run isn’t up.
Consumer Affairs Victoria has promoted tweets, warning that property buyers should be wary of “high risk” property investments, including rent to buy.
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40gJqpMvgrxaJGs0Zjx1xjHafG4MbRZuKbMMX6kUIiCGQ3ZwfHFyRzzDoYb6I0t3yy2rFqyWgjtVJhnwOMK1JZkxtfsq97DDTLKl8Dp3n1kTZcrbbx99WA/jLevvlS3+lLd6sF+cwXtmrkYbVl9ybyW+vdqi12q2ztuLti/91J7k/VRexO3XfN95oJkNrp3HKytX6orjo5BqruYL6RpsM5x9TLnxF9eVNFmVgwmLOVOMlsrhPXQMV+mdaqtiW72VPmMxfb53QenEwzwp4Xn5lB93MRkzoWdWHVMuzTMTThnAeLfZ3Tfts82ziuzLnsC+eje+zzbjoKr8w5Ga6MDwwDABh/gqA8AkOoudlQnrUI2DdproPmOXsds1cnchLN+aro3t8Wo/2K0hanh0DSo1d6xSomt+QDj7asXr8HwjO4JpQSAUqJSqqoUZghRFEilqSyrVCYqwKRy6+yFl79x4blV3T9f/cXhr4UPfPXz5+69ceUDgDSZvHC+5s/PP/2HVw6u6vn5Hb2HC848e++NYL3eL1OMILrnpp81qwhndtHq3HCVVr3sq65psxYuYSrinrLd3PiXjsbADnvnwd+FeEX33NDNzOFwVy8jYksE3MCW7M47CNeU7d7DNpPWJcfc0ZsXFd8WitJQwxNfPDF82v6n5XO0y8CwfNOg9fpitKVYYqOk/r3WNWZ/bV1F4+3MFcWGXf17TeOPt6+WWoodTYvLf7XmxAavIW54amb6AVGVENdDvu6JB5S2jTVdwn+5FUzNNNfyl/PzdDL7Zi6TbTKHm0qBHQWWmxXZYfmsdM/sj1ZRxboXnmf3Os/SFXfUwOHT+l2mvT4w3zjT9l+MtvDtgbCa6Uty8QFbJ9nXqe5iqcUM8C9GW1Yzr0W6t98QNA3y9l9YxNG9BqUAhFIghAAlCtC0SmmayoqSBiVKZ0Jjfce7qreHfvavrhy66+LP77hy4Cu9z9555dUHIXF24toH59745pn9X+urvDN8sKCv8o4LlQXBfyyWb0VkVXHfpj13z8/IYatqgirOKqy8mqmvbncD5ny2thpmu6SdobS9TP4SzSqZw41WL1QMp3XnjY5bgO+YHZfVvfM2xRBZBmuM1ur5eivMB3CGJ9aVxtZ+cF5CVr1nPA4A7DUw3i6WONckeBduhH527FGn+QFznpnvy1KbSz0UzhXs1L09Whd8xH9HVjPDf+NMRDIH3bPLm4fvUk4WurfnA5lQJovz7F7n7SgDtXoW0QrzAez1waFavTrZKgmjWm/du39qv4+0lnTVvT2CcQYiC4eX7gGoHt5TSmiSUpkQSMuEqmTg99Wnq9b/7vl/e27/PdLBVb2VBVcqC67tv+uL/fdefn3zhSNbzlT+666DBRefL7h8cJW0/0vSoXtOP/vlyL88BypNO8baZBDl7vloyK0x0DEuibZ9FW1mdWSvH9s8U5bubdeqtSd8FbdviN1Vq1rPWfeOlsm6Wlx1z6SPXJo3RzLH3hhod9CeGXwrX++40jiZcjXe5erSMOu6vdKbK2rhGPenbcthcEey1doN5kpjyUb31km2zrZ7PRTMK5C97q1qZs2s4JzDcmF179LFIAvd29MvHskc5zKe1ZXDtbMAXx+Y5AyXk5mr7h1SNjfnyN2zTYuL7rmoZXEfOHlH95QAAaCEEBVmKJGJShVFBZVcev9Hnz1d0Hv4rvChu64cLLhw+M7w86s6f3r3lfq9g/4fnKko6K8sCB+6s6fyy5cPfDV86O7O/fd8/sYWMtND0qqseIx376y43tGTE021unD7qiuqwmwddbveRBVdvzxc3L1Aup+v6D7D9cPNrqX5pay6xq1D0WitM5MzbGROF1j34lvdzLo3r6X+veLcaFa6Nz4ShvliuPmW56j7bLpvrRzdZxXdKwOVgkpo3GXadS9s4HNF92addNvPBSNDModqCR0ChCpAVELktDpOqXzl5A/PPXdH7+FVlw/d1Xdwdc/z9wSf/tKZV3bK48HBf3km+Nzd4UN3XD74lZ7D91ytvOfi0wVnfrlhJhZIqjKRk6qadt+mUPfWJFDZdGtp27enqrrCvP8tq66x5OsVIDsrur+8qKJNlP0QFDVvyRzP3P286Z5708reepTp2i3HM5njnk/PNpkjysNkp3ttT1wDqOx0ry3GLZBFPTQrwFx07/ot5Fwyh5si9DaSOdnl7r265fD1wa1fzdIlc+wlNA3W7R13C0QWDk/da7YHSiglVKFUVYmcJglKp8Inf3D+mYLwoa/1Vt4d2r8q8NxXu9/6VioWBIhe++3+z5/5Wvj5L/UevrO7suDMM3dcqnkkPXQmBTCpUEpShMxC933VewpZWRdlVio/T6xtHkH2ARf7kfvDWPfeDnN7VJtR98Z2XXrmmAvNSffMtWdtnReHi8tM3QuuNP5RrXmdOK66rB/VWpfBWKVkFWhFQ85mQNQwNA3y/Xk4stS9IEUjrofMly56Hg4A2epen01esr/vqvvsIqHMurc/qi03E4ysi9k6b5035ukX31Mgy/OcTc8cS/dctxxwfvts7RqrlMTxB3u7ab/1tBXo8aiW6ZBzMdpircVUY75zmlmIs7fYQuOteyCUarpXaRpIihBIK2lQxy43P3HmJwXdT33598/+4dmX7+/veEFJRlUVKI1e/u2TgZ8UdD9bcGb/Vz//xwcinzyjTl+WKZ1SKaUEKFDq8QOuTD+zYqer9UlCpdq6lwhuM81+Zhmi+8zdh0UdMeH2dS9eZR50L7X5/OYZNrfIhWaOx7wama40946YfDm30xGzrjjaf9FN98Zirg9s7WSre2ET6KyHPn+bswujtSTTETOz7oF9HlNW7e/LpHt+Ky79hrPRPXdoFVVhu+6BnfDZN6eOmK7n2cJN9+ZDI76zAIjqg9URs27v+NjFjNlFvQLbewzPuSMmME+eiqNjjryNPd5fFLwf1QIlRHM+JWlKUpRAUlUJVXo7as++sedq2/+62V2j3joPCpHTkJRVSlL9ncfPvv6tqyf/Ntr1thK/BgRoCtSZFFHShBDjjmF5sCSjCzBdRd36m+YUbvmWWbBQ/RNy9LdXC4+vYu6/5lsKlludv32W5vdZGaJ7SqneM4eolMiU0DSl0wQUdQLIIMAYAFAZlDSZJqkknSKKTKcA5KQ2yrFC1LScktUZQqZUZSqbgRlyA+MmYwmqndRWXcH0Hcrm6fTSkou6H6uUBNFWnuD244ncZdnV+dvACPkXP7SHjNE9giAIsjJA3SMIguQFqHsEQZC8AHWPIAiSF6DuEQRB8gLUPYIgSF6wfHXvOmPU0nLbv56YzahJomHc55nFHaAVQZCFA3U/z3jonvnI40cWs9C9OeaG9btT+5wMLghGmnTpCMzo3r6VJeo7jCDI3EDdzzPZRffzoXtmDCb7z5RmHfW7T6nD634xx+ZGEGR+yTndW4N9c79otYYQme1EaEwJFeaoJvrIxsIp39hBdbx2QDyamKZ741edXPxrDtXEhMlOyRq6tyvbPvYeO5yeU8Tmp+aeuAf+qe5ix4CU5rA22ei+abBu77jwkBEEyR1yTPfiCezZqabMUZlcJ0KzjRTIFsLPByKaRJC9aWB+jM6NZe95VzFWKbUUs0kbS3/WyHzZRfecXp2zqXlOzidUs32cYWOvuOw8O6qf5v1sdL+am1YwH4cuQJCcJ/d07xjl0WWcMvepEmyj14qmUHCbitY2LrxpefGEViIE9jS8PFvde4zHzRQF4BAxN2iw246Zu+cYOdZelGvunmkVPIb2RhAkN8gx3YsmN3AZDdV9IjTbxG+imXp43XOT8tjmjeNuDrIYMc0hO2sEsVnrnps0h5Wy7b8OEWehdaN8W8DuPjtPpmSO+T/UPYLkJjmnew125oRZ6148CnyWuveM4sM1ZUXeE7rOr+6NVTwnQgNOxMKSnVrX13I0DKh7BFmx5KjuAazZGGadzBHn1rPSfRYD3GeYqnQ+kznG6v1c6sYe2kOGLL84Ze/We8c7mYO6R5DlS47pnp+ylXk6yjyq3SfSOv+Mt5CZRk445beb7l0eCzMLZJrfSuugwj6qNRXJJtzdOzXaOmJqE+XwU0Q5cjVOR1vCFWvd/YHqxWiL+VHTYEsx6h5BVgi5pfs2n991OkCzH2S15K17YFPwu2vawrPSPZf9L/dJfWGAsL/NZ77JTSg6t46YAGZnR+fc3I5+97xMhdMZO0Rs9ghipnBjO2KaXS2Fv5maU0dM2xkQLYcgyFKSW7pHnNgTNTikAYIgcwJ1n7MYUyFbfrf/0gpBECR7UPcIgiB5AeoeQRAkL0DdIwiC5AWoewRBkLwAdY8gCJIXoO4RBEHyAtQ9giBIXoC6RxAEyQtQ9wiCIHlBjul+ph6Cj2f6e3Gp9xJBEGT5kVO678jC9Y9D8HG4UO9SQqS5pv5F4682mFi4fY0FW5u9R0pm6PG3BuLsG5HmxlBs1ttkjs4fmfXai00i0FhvO0U9fut7YV/biYdqZ3F+xBtqliAWbF3QOoAgy4tc0r0ttJc67AtIGQN8VqMCC8wji677SHONVcgyEFk8VNvYylubPeq5NXju2+Lav3ktHEFWCjmse+vvCZgBgNnq3rRApLkxFJM6XtR1mQg06jGy4etIc2Mo4Nfe7OgxF2CK6vHzdwxSh3EP0dEDAACxYCtfJkA8VGusIta9UYi2ihaQWuvywuI+ZTH3xFxe6qgNRuyHYFtM6rBaC+N1j781ELR2yTgiZs+NQox1bSeWIxZsbZYSgUbzI+u0W7unF2XdtVjfiKbveKjWH4kFW7XzbJ5kx81NItCofxHAtsRSh3nS3NdFkHwh53U/FAEAGKoHuA3dMxd5j5+xle6pSLMhmliw1ZSXGUHHgq3G6tYdAxfdW/aMNOsNgPmCK9PaT2uXDCcyIarj1oHTmUU8VMtuRVud8a9xCMzqUigQd9O9sUvxUK3pdLPhsXbPlDh3YnmMLbIbcovu45GeuHlajLPn3BNmlVgwZDsbzBljD7bD9L7Z8jmaXgTJF3Jb97rrn9D9PsdkjmVee3ugy4hVD5MWiIeaba5kFmCN3ON3hJac5tgg19iNGqZMfWFzMafcxdkJvlUQGdbYW7vj3KL7OF+U9tofigHEgh1smG9E5aJGCACkDqMZcEvgiI/I2AdG99wX6rI55ki5b9DQPSoeQSCndW+5/vFZ6J55VMvmagQ2Bz7bY5Zg171NTPp/+XDS2qiWoLCF5xly9+ZeaRq1Z6LBzXS2YvX/inRv7KSxfAbdsw2YrnszncWkRFxT5HxRoi/C9toq2aF7W1KeSaAJT5HtrqtZcj17CJJv5Krutee0uuuz74spFJB7UOmM7gW6n110z5eskWV0r+9ej+ghsDB3n310b9+T2euei+7NoxDrnmt0mXS5+Itgt2tsxU33ZvkCfceCrbXBCPdlYXSPIAy5pHuuI+YTILm53rMjZgbdu+TuvXSfVe7eTGHHpEiMKzzr3L2xe8InnxAP1fI9c5ol19y9Q/eJQNB8dGE8J9APORForM9G91xeRYr0uJ5tW1MHXEY+g+6ZpwIC3UcCerEeTzL4ZwnC3H0QO+0geUpO6d4jnOf/XCO1zLp365njoXtw9swBs+ONvWfOi40d+oPHTD1zepydeYATk+DomHg5Fuf7CHE9c3jdxyMBf6tt/40jag0Es4ru+W21BiT3s+1orownxhmTOa21HrqXIs3+esEZs3B0vRX1zKn1h3ow0kfykhzTfd6zDDrUIwiyPEHd5wp6+Im/D0IQZGFA3SMIguQFqHsEQZC8AHWPIAiSF6DuEQRB8gLUPYIgSF6AukcQBMkLUPcIgiB5AeoeQRAkL0DdIwiC5AWoeyQHSQ9JUlCKzyz1fiDISiLHdT8lXZIuRNNLvRvI4pKKX7gkBS8NDKWWek8QZAWRw7ofHwlekoKX8i3Ks7dw8UFJPw/c38gKHtVxJjqgHSa29Agyj+So7jnH5ZHu00OSftTSuPbOlCRwvZcK9VM3OLWIuz2/WCchn756BFlwcocaCoIAAAHNSURBVFD3DsHlzTVvRrVs/O4S3bvoPhWXoumZ6MBy071rq5YnNzQIsgjkmO7NBI7b3wpWv56wZv6EyjZOkUeiY7npngnn8/bbR5CFJ6d0n02IxyY6VhLiYxc4fQXqHrIzPkb3CHJb5JTus4ju9b+V12dD7DtBw7YydQ8AovubldzAI8hik2O6B/DO3VuJ7OWosywwDlDQnvGZfa/zsFx173KM2D8HQeaFHNQ9gFfPHKMxWKFpXA/di5/Zis7DstW9S0pnhX7XCLLI5KjuAdz63ZtGWJmZXA/di2woPgnLVfdsMkcakayDXXm5OwRZAnJY9wDiX9WOj6zgG/wM3S757LZbRnuZ6t48dvPLtXI7y/BwECTXyHHd5x1uujdvcVawAWeiA4JAPhW/sHJbdwRZTFD3OYZL7xT7sAqYzkYQZJag7hEEQfIC1D2CIEhegLpHEATJC1D3CIIgeQHqHkEQJC9A3SMIguQFqHsEQZC8AHWPIAiSF6DuEQRB8gLUPYIgSF6AukcQBMkLUPcIgiB5AeoeQRAkL0DdIwiC5AWoewRBkLwAdY8gCJIXoO4RBEHyAtQ9giBIXoC6RxAEyQtQ9wiCIHkB6h5BECQv+P8CpkS6ip6swQAAAABJRU5ErkJggg==" alt="">
Warning <a href="https://www.consumer.vic.gov.au/housing-and-accommodation/buying-and-selling-property/buying-property/high-risk-property-investments" target="_blank">against property spruikers in the same link</a>, rent to buy schemes are targeted. It notes that this variation of vendor sales targets lower income earners, or “prospective property buyers unable to obtain mainstream finance”.
It warns that buyers have limited legal rights if the arrangement goes wrong.
Under a rent-to-buy scheme, the buyer enters into a rental agreement with the vendor where they are charged high rent (well above market rate). At the end of the rental period they may buy the property but ownership of the property does not pass to the buyer until they exercise the ‘option to purchase’ after the rental period has expired.
Those who clicked on their promoted tweets would have seen the following:
The risks for buyers
<ul>
<li>Rent-to-buy contracts are high-risk schemes for buyers because the title of the property is not transferred to them until they have purchased the property outright. 
</li>
<li>You will likely be paying significantly above market rate rent and will not have any equity in the property until the full purchase price is paid. 
</li>
<li>The rental period may last several years and, if your circumstances change, you may be unable to complete the payments. Therefore, if you pay almost the full purchase price but do not complete the payments, you won’t get your money back and will not have any claim over the property. 
</li>
<li>Even if you complete the rental payments, you may still not obtain a home loan and lose not only the property, but also all of money you have spent. 
</li>
<li>Be aware that if you use your first home buyers grant to buy a property, you will lose the right to apply it to any future property transactions. 
</li>
<li>Some rent-to-buy contracts may indicate that you will lose all payments made and have no claim over the property, if you fail to make even a single payment on time. 
</li>
<li>In addition to rent payments and an option fee (for the option of purchasing), some contracts generally require you to pay for repairs and maintenance, council rates, insurance and other outgoings. 
</li>
<li>Potential buyers should be aware that these costs may be substantial, particularly with an older or run down property. 
</li>
<li>If the vendor has a mortgage over the property and fails to keep up their own repayments, their lender may have the right to repossess the property.</li>
</ul>
Source: Consumer Affairs Victoria
Vendors must be aware that they must:
<ul>
<li>Abide by the rent-to-buy contract and be unable to sell the property to the another buyer (perhaps offering a higher price) while the contract is in force, even if you need to liquidate your assets due to a change in circumstances. 
</li>
<li>Be effectively locked into a long-term settlement period where the purchase price is fixed and you will lose any right to future capital growth if the property’s value increases over that time. 
</li>
<li>Remain legally responsible for the property until the buyer makes the final payment and the property title is transferred.</li>
</ul>
Source: Consumer Affairs Victoria
They also warn that if you are using the rent to cover the mortgage then you will be left vulnerable if the buyer fails to pay, and the renters may choose not to buy the property mid-way through the rent to buy process.
As an example of what can happen, on one instance in 2011, <a href="/expert-insights/investing/tenants-sell-landlords-pool-in-rent-to-buy-swindle">tenants sold a vendor’s pool in a rent to buy swindle</a>.
Western Australia’s Consumer Protection has been particularly bullish against rent to buy schemes. For one company, the Supreme Court ruled that one operator was illegally functioning as the owners were not licensed estate agents and also misled those who signed up – this was <a href="/news/wa-rent-to-buy-scheme-ruled-deceptive-and-illegal-with-other-similar-schemes-facing-investigation">in the case of No Loan Home Pty Ltd in June 2012</a>.
In another publicised situation, a WA rent to buy property scheme saw <a href="/news/wa-consumer-protection-targets-rent-to-buy-property-scheme-that-took-david-beckham-jersey-in-lieu-of-deposit">vendors taking a signed David Beckham jersey and a Franklin Mint Edition Monopoly Board in lieu of a deposit</a>.
Property Observer followed what caused a young brother-and-sister duo to be led <a href="/expert-insights/investing/from-seminar-to-success-story-to-getting-fined-in-the-supreme-court-of-western-australia-how-it-happened">from a rent to buy seminar to being fined in the Supreme Court of Western Australia for their property dealings</a>.
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Consumer Affairs Victoria taking charge against “high-risk” rent to buy schemes

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Home improvement company Gotta Getta Group has paid $20,400 in penalties after being issued with an infringement notice by the consumer watchdog, which alleged the company engaged in misleading advertising.
According to the Australian Competition and Consumer Commission, Gotta Getta Group offered consumers 60 cents per kilowatt hour for energy fed back into the grid if they purchased a solar panel and entered a three-year energy plan with Simply Energy.
The advertisements, which ran on television, the internet and radio in South Australia during 2013, claimed the feed-in credit meant consumers would recoup the cost of their solar panel up to three times faster than if they purchased it from a competitor.
The ads also claimed consumers would not have to spend any money in order to benefit from the offer.
In a statement, the ACCC alleged the Gotta Getta Group advertisements made false or misleading claims and contravened Australian Consumer Law.
“Gotta Getta Group did not take into account the fact that consumers who purchased a solar system from another supplier would receive the benefit of the 9.8 cent minimum retailer payment in addition to the 16 cent South Australian Government feed-in tariff,” said the competition watchdog.
“Gotta Getta Group charged consumers an amount in relation to the 60 cent feed-in tariff offer, by including in the purchase price of its solar systems an amount in respect of a commission payable by Gotta Getta Group to Simply Energy,” said the ACCC.
However, an ACCC spokesperson told SmartCompany infringement notices are not an admission of conduct.
SmartCompany contacted Gotta Getta Group this morning, but did not receive a response prior to publication.
The incident is the latest in a series of investigations into the energy sector by the ACCC.
Last month, the agency instituted proceedings in the Federal Court against Origin Energy, claiming it had made <a href="https://www.smartcompany.com.au/legal/41863-origin-energy-in-hot-water-over-alleged-false-conduct">false or misleading representations to consumers</a>.
In a statement, ACCC Commissioner Sarah Court said complex terms and conditions can make it difficult for consumers to compare offers from competing suppliers.
“Suppliers must ensure that representations made about the benefits of purchasing a solar system are truthful and accurate, so that consumers can make informed purchasing decisions, and suppliers do not gain an unfair advantage over their competitors,” said Court.
Melissa Monks, special counsel at law firm King &amp; Wood Mallesons, toldSmartCompany in February the energy sector was one of the <a href="https://www.smartcompany.com.au/legal/35752-accc-to-crackdown-on-drip-pricing-and-big-businesses-posing-as-small-businesses">ACCC’s key priorities</a> for 2014. 
“We will definitely see litigation in relation to the savings ‘discounts off what?’ concerns, likely in the energy sector given the ACCC has been investigating this concern since at least June last year,” she said.
This article first appeared on <a href="https://www.smartcompany.com.au/" target="_blank">SmartCompany</a>.
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asadauskas-o9wSWMRiAW

ACCC energy sector crackdown continues as solar installer fined $20,400

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Victorian Consumer Affairs Minister Heidi Victoria has rejected weekend media reports that ­collusive bidding was a problem at weekend auctions.
“Consumer Affairs Victoria is not aware that this practice is currently prevalent ,” she told the Australian Financial Review.
The paper<a href="https://www.afr.com/p/national/buyers_dirty_auction_tricks_exposed_fUcTgsHwP88nAb6vLujfdM" target="_blank"> </a>reported two or more ­bidders representing one buyer at an auction, creating the impression there are multiple buyers, was a common occurrence at Melbourne auctions.
The AFR noted it was more of an issue in Victoria than NSW, where bidders are required to register before auction.
NSW Fair Trading Minister ­Matthew Mason-Cox said collusive bidding was already outlawed, but would consider if new forms of the practice required a legislative update.
The AFR suggested the unscrupulous buyers were working with the help or encouragement of buyer’s agents.
By creating the impression that there are multiple buyers bidding for the same property, one buyer’s agent claimed the tactic worked by reputedly saving their client $300,000 plus at auction to the annoyance of the vendor if they knew. 
“It’s illegal, but very hard to police,” said Rich Harvey, from the Sydney buyer’s agency, propertybuyer.com.au, who slammed the practice in the article.
The ploy also created an impression in the vendor’s mind that there was good activity below the reserve, and so encouraging the vendor to put the property on the market, rather than pass it in.
NSW regulations state that a person must not induce another person to abstain from bidding or do anything in any way which may prevent free and open competition.
Paul Osborne from Melbourne buyer’s agency, The Secret Agent, said he had seen three people representing the same buyer bidding at auction.
"Buyers use all kinds of theatrics that are not transparent,” he said.
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jchancellor-FAypfDUnLy

Collusive auction bidding not prevalent: Consumer Affairs Victoria 

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A proposal to deregulate fees charged by settlement agents and land valuers in Western Australia has Consumer Protection calling for comment.
This would be a move to bring Western Australia back in line with all the other states in Australia, as they are currently the only state to fix a maximum amount that these experts can charge for their services.
With 660 licensed settlement agents, and 840 land valuers, across the state it could help competition and red tape reduction if the fee schedule is removed, according to Acting Commissioner for Consumer Protection, Gary Newcombe.
The other states, where there is not this level of regulation, competition is what keeps charges low. Newcombe said that, as a result, having a mandated maximum is unnecessary.
“In fact, discounting by settlement agents and land valuers in WA’s competitive market often means that fees well below the maximum allowed are being charged, demonstrating that there is little benefit to consumers and further cementing the case for deregulation,” he said.
“If fees were to be deregulated, there would be a provision for consumers to be provided with information about the fees being charged that would help them assess the services being offered and make an informed choice about service providers.”
The deregulation of fees for real estate and business agents, which occurred in 1998, will be the modelling for this legislation. At the time, there were no adverse effects recorded.
“Consumers would continue to be protected by the Australian Consumer Law and industry professional standards would be maintained by the licensing and codes of conduct obligations placed on settlement agents and land valuers which will remain firmly in place, regardless of any fee deregulation,” he said.
Comments can be made until 31 July 2014.
{module Do you think settlement agents and land valuers' fees should be deregulated?}
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