When Antoinette Chan and her architect husband, Peter began casually searching for an investment property, they weren’t expecting it to evolve into a life-changing family decision.

But one visit to the display suite of <a href="https://www.apartments.com.au/developers/abadeen-group">Abadeen</a>’s <a href="https://www.apartments.com.au/buildings/koyo-crows-nest-1-11-rodborough-avenue-crows-nest-nsw-2065">KOYO</a> development in Crows Nest changed everything, and sparked a remarkable story of three generations choosing to live side by side in one of the suburb's most architecturally-striking new developments.

Antoinette, her mother Janet Khoo, and her sister, who is currently living in Singapore, each purchased an apartment in the same building, creating a rare and meaningful multi-generational living arrangement underpinned by modern design, community values, and premium convenience.

[smartcode_project:default project_id=108800 project_image_fid=356083]

“It wasn’t planned,” says Antoinette, who purchased a three-bedroom garden apartment with her husband and teenage daughter. “Peter came across KOYO and encouraged me to visit because he had a lot of respect for Abadeen’s previous work. As soon as we saw it, we knew it wasn’t just an investment, this was a home.”

Shortly after, Antoinette suggested her mother, Janet Khoo, take a look at the same development. A long-time inner-city resident who had recently sold her property in The Rocks, Janet had experienced some health setbacks and was contemplating a move closer to her daughter.

“I walked into the display apartment, and it just felt right,” says Janet. “I didn’t look anywhere else. The space, the simplicity of the design, the light, everything gave me a sense of peace. It’s a new beginning, but it also feels like home.”

[smartcode_project:default project_id=108800 project_image_fid=356093]

In a stroke of serendipity, Janet selected the two-bedroom apartment next door to her daughter, completely unaware of Antoinette’s purchase. Around the same time, Antoinette’s sister, who resides in Singapore, viewed the property via a virtual tour and chose to buy the apartment directly above Janet’s.

“We were all drawn to KOYO individually, and it just happened that our homes ended up vertically stacked, ground, first, and second floor,” Antoinette laughs. “It was a coincidence, but also a sign. This is where we’re meant to be.”

Designed by celebrated architect <a href="https://www.apartments.com.au/architects/koichi-takada-architects">Koichi Takada</a>, KOYO delivered on all fronts for the Chan-Khoo family.

“Our garden apartment gives us the feel of a standalone home but with none of the maintenance,” says Antoinette. “All three bedrooms open onto a generous private garden, which is perfect for our dog Archie, and for entertaining. The open-plan layout and high ceilings make it feel airy, calm and luxurious.”

[smartcode_project:default project_id=108800 project_image_fid=356092]

For Janet, security and accessibility were top priorities, and KOYO offered the ideal balance.

“At my age, I didn’t want to be climbing stairs,” she explains. “The first-floor apartment opens directly to the garden, and the building is small, which gives it a more personal, village-like feel. Yet I’m just steps away from my daughter and granddaughter. That gives me so much peace of mind.”

The family also appreciated the thoughtful amenities that avoided the excesses of some larger developments.

“We didn’t want a complex with too many facilities we wouldn’t use,” explains Antoinette. “KOYO has everything we need, generous storage, secure parking, beautifully landscaped walkways, and a stunning rooftop terrace with BBQ facilities that feels serene rather than busy.”

[smartcode_project:default project_id=108800 project_image_fid=355428]

The location was another critical factor in the family’s decision. Though they had always lived closer to Sydney’s eastern suburbs, Antoinette says the transformation of Crows Nest was a revelation.

“When we returned from living overseas, we discovered Crows Nest had become this vibrant, walkable hub,” she says. “We love being able to stroll to cafés, restaurants, and shops on Willoughby Road. The new Metro makes the commute into the CBD effortless, and our daughter can walk to her school, it’s just next door."

Janet agree. “I was worried about giving up my inner-city lifestyle, but I’ve fallen in love with this area. It has everything I need, supermarkets, quiet streets, friendly faces, and it’s all a short walk away. I feel safe, independent, and connected.”

[smartcode_project:default project_id=108800 project_image_fid=356085]

While design and location were important, the family also credits their decision to Abadeen’s reputation and responsiveness. With decades of experience delivering high-quality residential projects, Abadeen’s track record helped build trust during a volatile market period.

“The waiting game was tough, especially after selling my old apartment,” says Janet. “But the Abadeen team kept me updated every step of the way. They were professional, courteous, and transparent.”

Antoinette said Peter works in property and had already heard of Abadeen. "The quality of their work really impressed us, and as the project neared completion, they went above and beyond to keep us informed and supported. That level of communication is rare.”

Only a handful of three-bedroom residences remain for sale, priced from $3.5 million.

[smartcode_project_cta:default project_id=108800]

Joel Robinson

Three generations, one address: How a family found sanctuary and connection at Abadeen's KOYO in Crows Nest

Sydney-based developer Gold Partners Australia is making its move on the Gold Coast, launching what is one of the most affordable towers to the booming Broadbeach market.

Its <a href="https://www.apartments.com.au/new-apartments/harmony-on-broadbeach-2797-gold-coast-highway-broadbeach-qld-4218">Harmony on Broadbeach</a> project, just 400m from the beach, has prices starting from $975,000 for its two-bedroom apartments that measure nearly 90 sqm internally.

[smartcode_project:default project_id=113098 project_image_fid=355607]

There will be 113 two- and three-bedroom apartments spread out across the 33-storey tower on the 1,201 sqm site that will front First Avenue. Gold Partners Australia, which has delivered several major projects in Sydney's Norwest and has an active pipeline with projects in Hornsby and Carlingford, secured the block vacant, and want to start preliminary site works early next year through their in-house construction capability.

DBI Architects designed the tower with a four-level podium which will have an open-air swimming pool, sun deck, outdoor lounges, alfresco dining spaces, and a gym with adjoining yoga lawn. A hospitality venue will anchor the building at street level.

[smartcode_project:default project_id=113098 project_image_fid=355611]

Olympus Property Group is selling Harmony on Broadbeach on behalf of Gold Partners Australia. Olympus Director Deanna Lockett says the project is resonating with everyone from locals, investors, those moving from interstate, and second home buyers from Brisbane.

"There's been nothing new come to the market in Broadbeach at this price point for nearly a year," Lockett recalls. "It hits the sweet spot of affordability, good sized apartments, in a great location."

Construction will commence in Q2 2026, and wrap up, all going well, by the end of 2028.

[smartcode_project_cta:default project_id=113098]

Harmony on Broadbeach launches to booming Gold Coast suburb

Display apartments play a crucial role in helping buyers imagine how a space will look and feel once complete.

At <a href="https://www.apartments.com.au/new-apartments/the-albertine-by-mirvac-melbourne-31-queens-lane-melbourne-vic-3004">The Albertine</a> in Melbourne, development giant Mirvac has partnered with furniture maker and retailer MCM House to create a fully furnished, full-scale prototype that showcases the proportions, finishes, and design intent of the project’s three-bedroom residences.

As an added incentive, purchasers of any two- or three-bedroom apartment can receive up to $50,000 worth of MCM House furniture, allowing them to curate their new home with the same craftsmanship, contemporary design, and aesthetic showcased in the display apartment.

<a data-entity-type="file" data-entity-uuid="ae2e947b-2d51-4288-88fa-a35638e3be0f" href="https://www.apartments.com.au/new-apartments/the-albertine-by-mirvac-melbourne-31-queens-lane-melbourne-vic-3004"><img alt="Albertine" data-entity-type="" data-entity-uuid="" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202025-11-25%20at%209.27.26%E2%80%AFAM_1.png?VersionId=T5uSwgtTFwd1m5EdQF1inB.tBDgxqbtZ" /></a>

Oversized sofas, solid timber dining tables, and relaxed, low-profile seating demonstrate how the space accommodates real furniture, helping buyers clearly visualise how their new apartment could look, complete with pieces that genuinely suit the scale and design of the home.

The styling is simple but deliberate, with materials that pick up on the apartment’s natural light and neutral tones, creating cohesion without crowding the space.

<a data-entity-type="file" data-entity-uuid="355f10d8-ee75-4546-a42e-4a54abcc806e" href="https://www.apartments.com.au/new-apartments/the-albertine-by-mirvac-melbourne-31-queens-lane-melbourne-vic-3004"><img alt="Albertine" data-entity-type="file" data-entity-uuid="3e0b920b-3f17-47f0-8885-f67697a5f842" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202025-11-25%20at%201.17.07%E2%80%AFPM.png?VersionId=tPcmBls5kt_SLqE2ONXrxgk5SnC1xERs" /></a>

Mirvac is now welcoming buyers through the display at The Albertine. Quietly yet conveniently positioned just off St Kilda Road on Queens Road, the development has attracted strong interest from inner-Melbourne and Bayside downsizers, professional couples seeking luxurious low-maintenance living, and design-focused buyers who want proximity to the CBD.

Apartments have been designed by Mirvac's inhouse design team with owner-occupiers at the forefront.&nbsp;The living and dining areas open directly onto a balcony, reinforcing the project’s emphasis on indoor-outdoor flow, while kitchens feature integrated appliances and soft-curve cabinetry which mirror the larger architectural themes at play throughout the building.

<a data-entity-type="file" data-entity-uuid="e8f9b371-17e1-4122-a615-074113096135" href="https://www.apartments.com.au/new-apartments/the-albertine-by-mirvac-melbourne-31-queens-lane-melbourne-vic-3004"><img alt="Albertine" data-entity-type="" data-entity-uuid="" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202025-11-25%20at%209.30.16%E2%80%AFAM.png?VersionId=NCYvtMavnE1_YDhX6slAr7g84MWP0Ymp" /></a>

The Albertine offers one to four-bedroom residences complemented by exclusive resident-only amenity, including The Circadian Club, a wellness centre with an indoor pool and spa, gym, yoga and Pilates studio, and sauna, as well as The Elysian Room, a private dining space on level 10 with sweeping views across Melbourne.

Mirvac will welcome residents to The Albertine in 2026, having recently celebrated topping out the&nbsp;

<a href="https://www.apartments.com.au/developers/mirvac">Mirvac</a>&nbsp;recently topped out&nbsp; the topping out of The Albertine, with completion expected in 2026.

To find out more about the generous furniture offer with MCM House, enquire below.

[smartcode_project_cta:default project_id=138659]

Mirvac unveils The Albertine display, offering up to $50k in MCM House furniture

Since the pandemic hit Australia, there’s arguably not been a suburb anywhere in the country more popular than Palm Beach. Data from Apartments.com.au showed that from 2020 to 2021, enquiry spiked by 130 per cent, driven predominantly by local and interstate purchasers snapping up luxury beachfront apartments.

While enquiry levels returned to early (though not pre-pandemic) levels in 2022, the appetite for living in the coastal enclave didn’t fade. The dip in enquiry was due simply to supply running out; every development was selling out in record time. Search traffic, one of the clearest indicators of buyer interest that reflects demand beyond available supply, remained as high as when enquiries peaked.

Developers responded quickly. They were snapping up sites left, right, and centre, racing to bring projects to market to meet the ongoing demand. Many of those who benefited from the COVID-induced boom are now back in the suburb again.

<a href="https://www.apartments.com.au/developers/sherpa-property-group">Sherpa Property Group</a> is one such developer. Having perfectly timed its entry into the Palm Beach market, Sherpa launched Perspective Two Sea and Perspective 488 at the height of the boom. Perspective 488 sold out in three months, impressive in itself, before the developer went on to sell out Perspective Two Sea, just nine full-floor apartments, in a matter of weeks, with prices ranging between $3.5 million and $4.75 million.

Sherpa has since completed Perspective Nexus, which sold out prior to its recent construction completion, and has just commenced work on <a href="https://www.apartments.com.au/new-apartments/amargo-6-12-sixth-avenue-palm-beach-qld-4221">Amargo</a> on Sixth Avenue, the first project under its new Flourish brand, designed to offer more price-accessible apartments. Already, 85 per cent of Amargo’s apartments have sold, starting from under $600,000, and Sherpa has secured three more sites in the suburb for future projects.

[smartcode_project:default project_id=146527 project_image_fid=306037]

<a href="https://www.apartments.com.au/developers/ignite-projects">Ignite Projects</a>, led by Josh Foote, followed a similar trajectory. Foote delivered Periscope in 2019, then rode the post-COVID boom, selling out Cabana Palm Beach, 30 apartments, in just eight weeks. It was one of the fastest-selling projects on the Gold Coast at the time, with prices ranging from $1.775 million to over $5.5 million.

Foote has now re-entered the Palm Beach market with <a href="https://www.apartments.com.au/new-apartments/retreat-palm-beach-188-jefferson-lane-palm-beach-qld-4221">Retreat Palm Beach</a>, a 56-apartment development on Jefferson Lane, featuring two- and three-bedroom residences, most with butler’s pantries, private outdoor spaces, and curated interior finishes. Prices range from $1.35 million to $3.95 million. Ignite will soon commence construction, having recently brought building capability in-house.

[smartcode_project:default project_id=134965 project_image_fid=1851]

Foote says Palm Beach has transformed dramatically in the last six years. “The buildings we knocked down for Periscope had needles and all sorts falling out of the walls. The units themselves literally had junkies and prostitutes living in them,” Foote recalls. “In many ways, the development in Palm Beach has obviously done the suburb a huge benefit. I feel the planning department could be a little loose now though, and there will be regrets later as it changes so rapidly.”

&nbsp;

[smartcode_project:default project_id=134965 project_image_fid=1845]

It’s been a little longer between projects for Brisbane-based <a href="https://www.apartments.com.au/developers/bpg-developments">BPG Developments</a>, which completed Sable Palm Beach in 2019, shortly before the COVID boom. The developer is now returning with plans for a 14-storey tower featuring 68 apartments and three double-storey townhouses facing Jefferson Lane.

BPG Director Glen Williams, who runs the company alongside Nick Parr, says the duo only develop in locations they love. “I’ve been a part of the Currumbin Surf Club for the last two decades,” Williams says. “We love the southern end of the Gold Coast and are looking forward to bringing more apartments to the area.”

The appeal of Palm Beach has also drawn interstate developers. Sydney-based <a href="https://www.apartments.com.au/developers/abadeen-group">Abadeen</a> selected the suburb for its Gold Coast debut, securing a site on Mawarra Street near Palm Beach State High School. The developer is nearing completion of <a href="https://www.apartments.com.au/new-apartments/villea-palm-beach-26-mawarra-street-palm-beach-qld-4221">Villea</a>, a 69-apartment project that will sit above an activated ground plane. Abadeen Founder and Chairman Justin Brown says Palm Beach was a natural choice.

“We recognised an opportunity to introduce our prestigious brand into a location that is absolutely thrumming with demand for high-end living,” Brown says. “Palm Beach is widely regarded as the embodiment of coastal idyll and one of the Gold Coast’s premium lifestyle locations, and we intend to honour that with a collection of contemporary residences that accentuate the area’s appeal.”

[smartcode_project:default project_id=106840 project_image_fid=336441]

Also nearing completion is <a href="https://www.apartments.com.au/new-apartments/elevaire-palm-beach-1409-1411-gold-coast-highway-palm-beach-qld-4221">Elevaire</a>, a 40-apartment project at the northern end of Palm Beach on the Gold Coast Highway. The building includes hot and cold magnesium plunge pools, with remaining apartments starting from just under $1.4 million.

SRQ Projects Director Nicholas Clydsdale, who is marketing both Villea and Elevaire, says Palm Beach continues to top the list for buyers for a number of reasons. “It’s the most accessible beachfront suburb on the southern Gold Coast,” Clydsdale says. “It’s also got the most beautiful beach, bookended by two of Queensland’s most stunning headlands — Currumbin and Burleigh.”

[smartcode_project:default project_id=112941 project_image_fid=216015]

Also joining the Palm Beach boom are Gold Coast locals Tim Gordon and Bruce Mathieson, the duo behind the ultra-luxury Mantaray Residences and Marina at Main Beach’s The Spit. Their project, Elle on Jefferson, designed by Cottee Parker, comprises 58 apartments and a suite of wellness amenities, including a 15-metre lap pool, hot and cold plunge pools, private cabanas, a sauna, steam rooms, and a holistic gym offering cardio, weights, yoga, and Pilates.

[smartcode_project:default project_id=147111 project_image_fid=356658]

Having developed Lyra Hope Island, Sydney and Gold Coast developer Changfa found an affordable pocket for their recently launched new development Corallo, where one-bed apartments start from just $845,000.

The $200 million mixed-use project on the corner of the Gold Coast Highway and Palm Beach Avenue includes ground floor dining and retail and is considered so valuable its developer,&nbsp;<a href="https://www.apartments.com.au/developers/changfa-group">Changfa Group</a>, will be staging its release of one-, two- and three-bedroom apartments and penthouses to the market.

[smartcode_project:default project_id=112194 project_image_fid=805]

<a href="https://www.apartments.com.au/project-marketer/colliers">Colliers</a>&nbsp;International, Director, David Higgins, said the development’s location, just metres from the beach,&nbsp;influenced the sculptural design by the acclaimed&nbsp;<a href="https://www.apartments.com.au/architects/plus-architecture" target="">Plus Architecture</a>&nbsp;studio.

“<a href="https://www.apartments.com.au/developments/palm-beach-qld-4221">Palm Beach</a>&nbsp;locals understand the rare opportunity here at Corallo, particularly being the tallest building in the suburb and its proximity to the beach and local restaurants, and they’ve represented the bulk of pre-launch enquiries,” Higgins said.

[smartcode_project:default project_id=112194 project_image_fid=799]

“The orientation of the apartments captures views of the coastline from&nbsp;<a href="https://www.apartments.com.au/developments/surfers-paradise-qld-4217" target="">Surfers Paradise</a>&nbsp;to&nbsp;<a href="https://www.apartments.com.au/developments/currumbin-qld-4223" target="">Currumbin</a>, and the diversity of floor plans and apartment types provide an exceptional level of choice.

“The first release includes just 59 one-, two and three-bedroom apartments and two half-floor penthouses, with flexible use designed to appeal to both owner-occupiers and investors."

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No slowing down Palm Beach as new apartment market takes centre stage, again

Plans have been revealed for the third and final stage of <a href="https://www.apartments.com.au/developers/billbergia">Billbergia</a>’s $3 billion Rhodes Central masterplan, bringing the iconic new town centre closer to completion.&nbsp;

The final tower, <a href="https://www.apartments.com.au/new-apartments/cascade-23-25-marquet-street-rhodes-nsw-2138">Cascade</a>, at&nbsp;23-25 Marquet Street in Sydney’s inner west, will comprise 361 new dwellings, a mix of critically needed affordable housing and multi-generational apartments.&nbsp;

Vibrant retail, interactive public space, an upscale food and beverage offering and an alfresco dining plaza will also be delivered alongside Cascade tower as part of the final stage, which comes off the back of&nbsp;the masterplan’s successful first two stages.&nbsp;

Stage one saw 568 apartments delivered along with the national award-winning Rhodes Central shopping centre, while stage two has delivered a further 673 apartments atop the $85 million Rhodes Recreation Centre.&nbsp;

Officially opened in November 2025 by Mayor Michael Megna, the Recreation Centre was delivered under a Voluntary Planning Agreement with City of Canada Bay Council. It features essential community facilities including a gym, early childhood learning centre, indoor sports courts, and a gymnastics area as well as commercial tenancies and amenities.

Once complete, the five-tower Rhodes Central masterplan will deliver a combined total of over 1,600 new homes for about 3,500 people, along with community infrastructure, retail, dining, and an expansive new public domain and plaza along Marquet Street. A new basement and podium rooftop will connect all five buildings and allow residents to share amenities.

<img alt="$3 billion Rhodes Town Centre vision comes to life with final stage" data-entity-type="file" data-entity-uuid="973ae3a2-58e6-4994-8965-ed9332a57e8a" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Masterplanaerialimage.jpg?VersionId=Mj.mjUQyfh334xG71LQr7wCFu3mmDxnj" />

“We’re now a step closer to realising our vision for Rhodes Central,"&nbsp;said Saul Moran, Development Director – Planning and Design at Billbergia..

"With brand new retail and more public open space, this final stage embodies our commitment to creating connected communities and delivering housing diversity amid Sydney’s housing crisis. It also completes the landmark town centre precinct that has been almost 20 years in the making."

The project sets a benchmark for Transport Orientated Development. It brings life to Billbergia’s vision for a future-focused, liveable urban environment that prioritises amenity, not just density. &nbsp;Overall, it will deliver more than 25,000 sqm in publicly accessible amenity, including Rhodes Central Shopping Centre, Rhodes Recreation Centre, commercial office space and a further 1,200 square metres of retail space in stage three.

“Rhodes has evolved over two decades from a former industrial site into a connected, thriving community," said John Pradel, Partner and Master Plan Lead at SJB.

"Each stage has built on the last, adding not just housing, but the civic and social spaces that make a place truly liveable and allow the community to flourish."

<img alt="$3 billion Rhodes Town Centre vision comes to life with final stage" data-entity-type="file" data-entity-uuid="7e96de93-e50a-424f-9de8-7b3d9c2c0f12" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/BLBG0900_RCSGIII_R02%20Retail%20Laneway%20copy.jpg?VersionId=3TksNisT5iwyBCGhGUvHDtR9aIca9_OQ" />

Ideally positioned adjacent to the 13,000 sqm Rhodes Central shopping centre, stage three will boast an additional 10 per cent of retail space, an upmarket restaurant offering, an open-air dining plaza and an expansive 2,000-square-metre addition to the public domain extending into the retail forecourt.&nbsp;

This new realm will enhance pedestrian connectivity while showcasing an interactive water feature and engaging public art. It has been designed as an active community space and will also feature pop-up civic infrastructure, including a community stage and kiosk for placemaking events.

The residential tower Cascade will comprise 361 apartments over 39-levels, including 72 affordable dwellings. Apartments will be available in a range of floorplans from one to four-bedroom configurations, with a luxe two-storey “skyhouse” spanning the top two levels. Communal viewing decks and gardens with BBQ facilities will crown Cascade’s rooftop, offering expansive views of the Blue Mountains to the West and Brays Bay and Sydney CBD to the East.&nbsp;

<img alt="$3 billion Rhodes Town Centre vision comes to life with final stage" data-entity-type="file" data-entity-uuid="814da600-5368-49d3-8fec-025521a4d0e2" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/BLBG0900_RCSGIII_IN01%20Apt%2037.04%20Livingy%20copy.jpg?VersionId=.xA6cpRQLx4kJiQayt3OrydVQ9ReGmXP" />

High-profile architecture firm <a href="https://www.apartments.com.au/architects/sjb-architects">SJB</a> will design the final stage after winning a design excellence competition in collaboration with Land and Form in September 2024. The Rhodes Central masterplan was originally conceived by SJB in 2005, with the firm subsequently delivering the design for Stages One and Two.&nbsp;

Cascade has a striking design with a slender tower grounded by a four-storey podium. The tower is divided into three forms, with a distinctive silhouette that resembles three fingers. The design optimises amenity and privacy while maximising views towards both Sydney CBD and Homebush Bay.&nbsp;

According to SJB, the project’s design aims to deliver a range of dwelling types, including multi-generational floorplans, catering to emerging needs of the growing population.

Emily Wombwell, Director and Design Lead at SJB, said their concept encompasses a broader site vision that integrates this site with Rhodes Town Centre through a new iconic building and generous public domain.

"Cascade’s design offers a variety of living typologies that cater to a diverse range of existing and emerging demographics. The proposal aims to improve social and environmental connections by creating a safe and welcoming landscape for existing and future communities of Rhodes."

Billbergia has filed a&nbsp;State Significant Development Application (SSDA) for the final stage. Demolition has been completed on site, early works including excavation will begin early 2026, with completion estimated in 2030.

[smartcode_project_cta:default project_id=135080]

Billbergia unveils new Cascade apartment tower with final stage of $3 billion Rhodes Town Centre

Dispute Resolution

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<div>The newly created Australian Financial Complaints Authority, to begin operation on November 1, is a vital step to streamlining dispute resolution, according to a statement from the Australian Banking Association.</div>
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<div>They believe it will make the dispute resolution process easier to access and easier to understand for customers.</div>
<div> </div>
<div>CEO of the Australian Banking Association Anna Bligh said banks are strong supporters of external dispute resolution and supported streamlining the process to better help customers understand where they need to go if they have a complaint.</div>
<div> </div>
<div>“A fast, free and binding service which deals with disputes outside of court is the best way for a customer’s issue to be heard and quickly resolved,” Ms Bligh said.</div>
<div> </div>
<div>“AFCA will have increased powers including expanded scope to hear disputes from larger businesses and the ability to award compensation for direct and indirect financial loss and non-financial loss."</div>
<div> </div>
<div>She stated, “the Banking Code of Practice will be used by AFCA as the new benchmark for industry practice, considering in its investigations if a bank has breached the Code and therefore its contract with the customer,” she said.</div>
<div> </div>
<div>All ABA banks are members of the scheme therefore financially contribute to AFCA, which will ultimately be fully funded by contributions from the broader financial services industry.</div>
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Banks welcome 'one stop shop' for resolving disputes: ABA

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Fast-food franchisee SumoSalad has reportedly managed to negotiate lower rents from reluctant landlord Westfield through its tactic of insolvency laws.
The two parties are close to a mutually favourable commercial outcome, with the final details to be sorted out by early next week, Australian Financial Review columnist Tony Boyd wrote in Chanticleer.
The deal is expected to attract great attention from retailers operating in large shopping centres because it will show that it is possible to tip the balance of power from landlords back to tenants, Boyd said. 
SumoSalad co-founder Luke Baylis said on Tuesday he was negotiating better rental terms at Westfield centres, without going into details. 
SumoSalad’s boss put two of the 20 companies in his group into voluntary administration in June, escalating the tension between the fast food chain and Westfield after failed attempts over six months to negotiate cuts in leasing charges.
The two companies, Sumo Westfield Leasing Pty Ltd and Sumo Leasing Pty Ltd, were put into voluntary administration with Morgan Kelly and Peter Gothard from Ferrier Hodgson appointed voluntary administrators. 
Baylis’s contention was that SumoSalad franchisees had suffered from the opening of new food eating areas which, according to him, was designed to increase foot traffic but had cannibalised the sales of SumoSalad outlets because of increased competition.
"Using the voluntary administration law involved a more strategic approach in terms of negotiating," Baylis said.
He added that SumoSalad was well prepared for using the insolvency laws because all of its leases were held in separate companies within the SumoSalad Group. The two SumoSalad leasing companies had 63 separate leases across 25 different lessors. Westfield was responsible for 19 of them.
Kelly compared the use of the voluntary administration laws by SumoSalad to the Chapter 11 bankruptcy law in the United States. 
“You have protection from your creditors while you negotiate a commercial outcome,” he said.
"I believe the use of the laws in this way is unprecedented.” 
Kelly said in a report to creditors that many SumoSalad franchisees were not trading profitability "primarily due to high levels of rent" and led to a number of them “abandoning their sites”.
Baylis says that while the strategic use of insolvency laws had been effective, it would cost him about $250,000.
 
 
 
 
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jonathanchancellor-7SQnKwU6yx

SumoSalad close to winning lower rental deal with landlord Westfield

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GUEST OBSERVER
The Strata Schemes Management Act 2015 (NSW), which is now expected to commence on 1 October 2016, makes some significant changes to the existing statutory dispute resolution procedures that strata manager’s, owners corporations and lot owners should be aware of. These are detailed below but first, we look at the existing dispute resolution process.
The Current Dispute Resolution Process
The current Act, the Strata Schemes Management Act 1996 (NSW), requires most strata disputes to be mediated prior to an application being accepted by the NSW Civil &amp; Administrative Tribunal (NCAT) registry. There are a few exceptions including applications for interim orders and applications for the compulsory appointment of a strata manager. Mediations are usually conducted by mediators from the Office of Fair Trading. Mediations can take between one to three weeks to arrange.
Adjudicator’s Orders 
If an agreement was not reached at mediation, or, if the mediation agreement has been breached, in most instances the next step is to file an application for Strata Scheme’s Adjudicator’s orders. These applications are “heard on the papers”. This means that the applicant, respondent and any interested parties must file written submissions and evidence in accordance with the timetable provided by the NCAT registry. Evidence is usually by way of a statutory declaration. To view submissions made by interested parties you must contact the NCAT registry and make arrangements to view the file. NCAT copying fees will apply if you wish to make copies. After the closing date for submissions, an Adjudicator is assigned and they review the filed documents and make a written decision which is then posted out to the parties.
If you wish to appeal the decision of an Adjudicator then you must file an application for NCAT orders. Strict time limits apply and legal advice should be sought on the date the order takes effect and the time limit for filing an appeal. Leave to appeal outside of time can be applied for however it can be difficult to obtain. Costs orders are not available in this type of application.
Interim Orders 
These are Adjudicator’s orders that are made on an urgent and usually ex parte (meaning without the other party being present) basis. They are generally reserved for matters where an order is required to preserve the status quo prior to an Adjudicator making final orders. Interim order applications must be filed together with applications for Adjudicator’s orders.
Tribunal Orders
Applications for Tribunal orders are filed with the NCAT Registry. The Registry serves the application and a notice of directions hearing. Unlike Adjudicator’s orders, the parties must attend NCAT for hearings. Applications can be made for telephone hearings in some circumstances.
There is no right of appearance in NCAT and leave to appear must be sought at either the first directions hearing or in writing beforehand. At the first direction hearing, orders setting out a timetable for the progression of the matter are made. These will include dates when submissions and evidence are due. The Registry will also re-list the matter, for a further directions hearing or for final hearing.
Although the rules of evidence do not apply (except in civil penalty matters such as for a breach of a notice to comply) the proceedings are similar to court proceedings in that both parties are to appear and argue their case before a NCAT member. The Member may restrict each parties’ time to provide arguments and adduce its evidence. At the end of arguments the Member may reserve their decision or give an oral decision when the arguments have closed. You have the right to request written reasons for the decision.
Appeals are strictly limited both in time and the types of appeals that can be made. We recommend you seek legal advice before instituting any appeal.
 The new NCAT Process
The Strata Schemes Management Act 2015 provides for a new dispute resolution process. Owners Corporations can establish their own independent dispute resolution process and the NCAT is given wider powers. Mediation is still required however prior to applying for orders for most types of matters.
Arguably the largest change is that there will be no more applications for Adjudicator’s orders and all applications must be made for Tribunal orders. This means that all applications will now be heard in person (or if leave is granted over the telephone) and parties will need to attend the NCAT to present their arguments and evidence. Leave to appear is still required and the same provisions of the Civil &amp; Administrative Tribunal Act 2013 (NSW) apply to applications for leave. The process for Tribunal orders detailed above will remain the same although it is expected that there will be an increase in the number of matters listed at each directions hearing (meaning more time should be set aside to attend directions hearings) due to all matters now being heard by the Tribunal.
The ability to appeal from a Tribunal decision is unchanged. 
Allison Benson is legal practitioner director, Kerin Benson Lawyers and can be contacted <a href="https://kerinbensonlawyers.com.au/">here</a>.
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Property 101:  Dispute resolution and NCAT

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Adjudication
The process of determining an adjudication application. Adjudicators consider written material submitted by parties, and undertake further investigations if required. Adjudication does not involve a hearing.
Adjudicator
A professionally qualified, independent decision-maker who determines adjudication applications under the BCCM Act. In making decisions, adjudicators are not subject to direction (for example, by the Commissioner or Attorney-General).
See also Specialist Adjudicator
Administrator
A person appointed by an adjudicator to undertake specified functions of a body corporate, committee or committee member, such as calling a general meeting of the body corporate.
Affected person 
A person named by an applicant as being affected by the outcome sought in a conciliation or adjudication application. 
Appeal           
An application by a person aggrieved by an order to overturn the order. Adjudicator’s orders can be appealed to QCAT on a question of law and referee’s orders can be appealed to the Magistrates Court. The BCCM Office is not a party to an appeal and has no role in the appeal.
Applicant
A person who applies for conciliation or adjudication under the BCCM Act or for an order of a referee under the BUGT Act.
Application
A request, made in the required form and accompanied by the prescribed fee, for conciliation or for an order of an adjudicator or a referee.
Amendment
A request by an applicant to change or add to their application. Amendments require the approval of the commissioner, which may be subject to conditions if sought after parties have been invited to make submissions.
BCCM Act
Body Corporate and Community Management Act 1997.
BCCM Office 
Office of the Commissioner for Body Corporate and Community Management.
Body corporate
The legal entity created when a community titles scheme is established. All lot owners are automatically members of the body corporate. The ‘body corporate’ is different from the ‘committee’ elected to administer it on a day-to-day basis or a ‘body corporate manager’ engaged to assist with administrative duties. Distinct from a ‘body corporate manager’.
Body corporate manager
A manager (individual or a company) may be appointed by a body corporate to provide administrative services (for example, sending out levy and meeting notices). Distinct from a ‘body corporate’.
BUGT Act
Building Units and Group Titles Act 1980.
Case management 
The assessment of an application to determine if it meets the requirements of the body corporate legislation, and the management of applications through to their referral to conciliation or adjudication.
Commissioner
Manages the dispute resolution and information services provided by the BCCM Office. The Commissioner makes decisions about the case management of applications under the BCCM Act, but does not consider the merit of an application, make orders, or review orders.
Complex dispute
A dispute which can only be determined by QCAT or a specialist adjudicator. Includes certain disputes about contractual matters and lot entitlement issues.
Conciliation   
A process in which the parties to a dispute meet with a conciliator to try and reach agreement on how to resolve the dispute.
Conciliator     
An impartial dispute resolution professional who assists parties to resolve their dispute. The conciliator does not decide the merits of a dispute or how to resolve it.
Conciliation agreement       
The written document signed by the parties to a conciliation application, detailing the things they have agreed on. It is a good will agreement and is not legally enforceable.
Consent order          
An order made in the terms agreed to by the parties. A consent order can be enforced but cannot be appealed.
Declaratory order    
An application for an order about an operational matter where there is no dispute and no respondent (e.g., requests to change the financial year end date). A declaratory order is not appropriate where there is a dispute over an issue or an applicant is seeking an interpretation of or a ruling on a legal issue.
Dispute resolution recommendation         
A decision of the commissioner or delegate as to how an application should be resolved (e.g. conciliation or adjudication).
Dismissal       
A decision of the commissioner or an adjudicator not to decide an application that is within the jurisdiction, on the basis that it would be better determined in a court or tribunal of competent jurisdiction. 
Emergency application        
An application that can be referred to an adjudicator to determine without the usual submissions process, usually if there is no dispute (eg. if a body corporate seeks urgent authorisation of spending).
Expeditable application      
An application for final orders that may be progressed more quickly, either because there is no dispute or because of the urgency of the circumstances.
Extension       
Extra time which may be allowed on the due date to provide information, make a submission, or reply to submissions.
Interim order
A temporary order which puts an action on hold or keeps things as they are until a final order can be made about the dispute. Interim orders are distinct from expeditable applications. 
Jurisdiction    
The legislative power of a conciliator to conciliate an application; or an adjudicator or referee to decide an application.
Order  
The written decision of an adjudicator or referee to determine an application, accompanied by a statement of reasons. An order may grant or dismiss the orders sought, or made alternative orders. An order is legally binding and enforceable. It is an offence to contravene an order.
See also Interim order, Declaratory order and Consent order 
Parties to a dispute  
Those named in an application as being involved in a dispute – the applicant, respondent and affected persons.
QCAT  Queensland Civil and Administrative Tribunal. QCAT determines appeals of adjudicators’ orders and complex disputes, as well as disputes about debts owed by owners to a body corporate. 
Referee           
A professionally qualified, independent decision-maker who determines applications for orders under the BUGT Act 
Regulation module   
Each community titles scheme is registered under one of five regulations (subordinate legislation) made under the BCCM Act which helps determine the procedures applicable to that scheme.
Rejection       
A decision of the commissioner to end an application, for example because it is not within jurisdiction, or the applicant has not attempted self-resolution or conciliation, or the applicant has not supplied requested information.
Reply to submissions           
A written response made by an applicant to the submissions made about their application. 
Respondent  
A person named by an applicant as the person against whom the outcome in an application is sought. 
Self resolution           
Attempts to resolve a dispute before lodging an application. Self-resolution is compulsory for all applications.
Specialist adjudicator          
A professionally qualified, independent decision-maker who determines adjudication applications, particularly complex disputes, under the BCCM Act. Appointed by the commissioner at the request and with the agreement of the parties to the dispute.
Submission   
Written comments on an application made by a person invited to make a submission. Submissions cannot be confidential.
Withdrawal   
A request by an applicant not to proceed with an application. An application must be withdrawn in writing.
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