<a href="https://www.apartments.com.au/developers/capital-corporation">Capital Corporation</a> has announced that its <a href="https://www.apartments.com.au/new-townhouses/lovedale-farm-1054-1184-wine-country-drive-lovedale-nsw-2325">Lovedale Farm</a> residential, resort and golf project has secured $24.6 million in sales in just three weeks since the opening of its display home, underscoring the appetite for premium lifestyle property in the Hunter Valley countryside.

The sales milestone has been driven by a diverse mix of buyers, including owner-occupiers and investors from Sydney, Newcastle and the local Hunter region, purchasing both land-only lots and house and land packages across the development.

<img alt="Lovedale" data-entity-type="file" data-entity-uuid="e173edc9-e60e-4f19-a060-9dc4421a3233" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/LovedaleFarm_20250215-1.jpg?VersionId=1LY6CvOaD.Dzrt8tWpWxXtPyfchixNIo" />

&nbsp;

The result builds on the momentum generated at the display home opening on 22 March, which attracted more than 460 attendees.

With house and land pricing from $1.14 million, Lovedale Farm continues to attract strong interest from buyers seeking a premium lifestyle offering at a compelling price point. The development’s vision, a championship golf course, future epicurean village and access to the Hunter Valley’s celebrated wine country, has resonated with a broad buyer profile, from first-time investors to those looking to make the move and call the Hunter Valley home.

<img alt="Lovedale Farm records $21.4 million in sales in three weeks" data-entity-type="file" data-entity-uuid="b358e789-e1eb-40ed-8105-ed5c8297136f" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/20260321LovedaleFarmDisplayHomeOpening--6.jpg?VersionId=6GUO8TNnxuELONrsM6n9imDB6oc82Bor" />

Jim Hunter, Managing Director of Capital Corporation said the response since opening the display home has been encouraging.

"To reach $24.6 million in sales in just three weeks speaks to the genuine demand for a lifestyle community of this calibre in the Hunter Valley," Hunter says.

"We’re seeing buyers from across the region and beyond, including investors who recognise the long-term value, and owner-occupiers who simply want to live somewhere truly special.

“Lovedale Farm is two decades in the making, and the market’s response is everything we hoped for. We’re excited to see these first buyers become part of the Lovedale Farm story from the very beginning."

<img alt="Lovedale" data-entity-type="file" data-entity-uuid="54d985cf-2ac2-400b-ac02-4401f3421ac7" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/20260321LovedaleFarmDisplayHomeOpening--5.jpg?VersionId=3866bPoqpLZsm.3ACg9EafAr1W3miC_f" />

&nbsp;

Spanning 240 hectares on Wine Country Drive in <a href="https://www.apartments.com.au/developments/lovedale-nsw-2325">Lovedale</a>, the $1 billion development is expected to deliver around 1,250 jobs during construction and inject more than $300 million into the local economy. The first 200 homes and championship 18-hole golf course are anticipated for completion in late 2027.

Capital Corporation has also lodged development plans for the Lovedale Farm clubhouse, set to become a vibrant hub for residents and the wider Hunter Valley community. Further releases are planned for later this year.

[smartcode_project_cta:default project_id=14476]

Joel Robinson

Lovedale Farm display home opening triggers $24.6 million in sales in three weeks

Prominent Malaysian developer <a href="https://www.apartments.com.au/developers/osk-property">OSK Property</a> has unveiled <a href="https://www.apartments.com.au/new-apartments/aura-at-melbourne-square-7-hoff-boulevard-southbank-vic-3006">Aura</a>, the next stage of its $3.5 billion Melbourne Square precinct in Southbank, continuing its push into wellness-led, amenity-rich apartment living.

The $800 million tower, planned for 7 Hoff Boulevard, will rise 67 storeys and deliver 673 apartments, with COX Architecture drawing on both Japanese design principles and Australia’s natural landscape to shape the building’s identity. A rectangular grid aesthetic defines the building’s exterior, with COX drawing design cues from New York high-rises and Tokyo’s skyline.

Aura builds on a growing trend in high-density living, where wellness is no longer an add-on but central to the product. The development is structured around four key pillars, combining calm, minimalist residences with layered communal spaces, landscaped gardens, and a suite of wellness amenities designed to support both physical and mental wellbeing.

[smartcode_project:default project_id=151921 project_image_fid=367465]

At the core of the project is what OSK describes as a vertical wellness ecosystem, a multi-level approach to amenity that integrates health, lifestyle, and social spaces throughout the building rather than confining them to a single level.

The main resident hub, the Aura Club on level seven, will include a pool, cold plunge, spa, gym, Pilates and yoga studios, alongside more lifestyle-driven inclusions like a golf simulator, music rooms, library, and work-from-home spaces. Above, a series of higher-level amenity zones, including the Meridian Club and Cumulus Club, introduce more refined, social and retreat-style environments, with private dining, lounges, and premium wellness spaces positioned to take advantage of city views.

[smartcode_project:default project_id=151921 project_image_fid=367467]

The residences themselves will largely include balconies, a key design move in a market increasingly focused on natural light, airflow, and connection to the outdoors. Views will extend across the CBD, the Arts Precinct, Royal Botanic Gardens, and beyond.

Aura also introduces approximately 1,600 sqm of retail across the lower levels, further activating the Melbourne Square precinct, which already includes Kennedy Park, a Woolworths, childcare, and a growing mix of hospitality operators.

[smartcode_project:default project_id=151921 project_image_fid=367474]

“Aura stands tall as an exemplar of holistic wellness – its focus on social, physical and mental health culminate in a building that is calming, restorative and relaxing, where residents will have their own sanctuary within the well-connected and sought-after <a href="https://www.apartments.com.au/developments/southbank-vic-3006">Southbank</a>," says&nbsp;OSK Property CEO Chong Boon Woon.

“We have been very encouraged by the market’s response to the BLVD offering, and we know there is a strong demand for the level of amenity, service and design that the Melbourne Square precinct is known for.

“Complemented by work-from-home lounges for professionals, family friendly outdoor garden spaces, and state-of-the-art fitness and wellness facilities, Aura will continue our focus on maximising physical, emotional, and mental wellbeing,” he said.&nbsp;

[smartcode_project:default project_id=151921 project_image_fid=367475]

The project follows the strong performance of BLVD, which is now around 80 per cent sold, and reinforces OSK Property’s long-term commitment to Melbourne Square as a fully integrated, mixed-use precinct.

Construction is expected to commence in late 2026.

[smartcode_project_cta:default project_id=151921]

OSK unveils AURA, the latest stage in Southbank's $3.5 billion Melbourne Square precinct

National developer Time &amp; Place appears to have settled on a design for its long-anticipated Potts Point project.

After several years of back and forth with local council and the NSW Government, the developer, which has spent seven years targeting the former The Chimes site on Macleay Street, has now progressed its plans.

Following a concept design submission last year by SJB, Time &amp; Place has lodged a full State Significant Development Application with the NSW Government, this time for a scheme designed by Kerry Hill Architects.

<img alt="Time &amp; Place" data-entity-type="file" data-entity-uuid="504d2a27-d65f-4227-8189-1e35e3376e62" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-20%20at%209.38.24%E2%80%AFAM.png?VersionId=_XqFKATYHF30KnVByPxhaI9UBzmkmfn7" />

The 16-storey proposal includes 44 apartments, 21 of which will be build-to-sell. These will comprise 19 three-bedroom apartments and two four-bedroom units.

More than 50 per cent of the development will be dedicated to affordable housing, with 23 studio apartments to be delivered in line with the NSW Government’s Housing SEPP.

Kerry Hill Architects said the proposal is driven by a strong response to place.

“Our proposal for a new residential building for Potts Point in Sydney is driven by a deep consideration of place,” the practice said in its submission.

“This operates on multiple levels, including a landscape approach that reinstates endemic flora of the Sydney peninsula and provides a ground-floor garden for residents, reconnecting the site to its pre-European history. A brick podium further strengthens this relationship to context, integrating planting and fine bronze detailing that references the predominant material language of Macleay Street.”

The three-level podium will be topped by a communal resident space, featuring a covered pool designed to receive direct afternoon sun in winter, a neighbouring reflection pool, dining and event areas oriented to maximise sunset views, and an outdoor exercise zone.

<img alt="Time &amp; Place" data-entity-type="file" data-entity-uuid="8d3eedc1-babb-44a3-bd96-d8a42f3adf1f" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-20%20at%209.37.48%E2%80%AFAM.png?VersionId=Ii7.4dvqNatu5GQi6bhqNjAswrMB998." />

The design also incorporates highly crafted shopfronts and a clearly defined residential entry to activate the street. Juliette balconies to the podium residences will provide passive surveillance and a strong sense of habitation.

Above, the larger apartments are housed within a light-coloured masonry and bronze tower.

“The tower steps back in a series of gently curved volumes that reference the rich Art Deco context of Macleay Street,” the architects said. “Carefully calibrated vertical fins frame the views while providing privacy and a sense of refuge.”

<img alt="Time &amp; Place" data-entity-type="file" data-entity-uuid="6fab60f4-3140-4469-b47a-48c781e0a30b" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-20%20at%209.28.44%E2%80%AFAM.png?VersionId=e5XxrM3kzdASdKlcIACHAHbOSZhSKC9O" />

Time &amp; Place has been one of the most active developers nationally in the last 12 to 24 months. Late last year they completed&nbsp;The Queensbridge in&nbsp;<a href="https://www.apartments.com.au/developments/southbank-vic-3006">Southbank</a>, a mixed-use tower with 353 apartments and a hotel. They are currently selling Park Modern, 246 apartments near the famous Botanic Gardens in South Melbourne.

The developer has approval for The Burke, a mixed-use project in&nbsp;<a href="https://www.apartments.com.au/new-apartments/glen-iris-vic-3146">Glen Iris</a>&nbsp;being delivered in partnership with Woolworths. The 60 apartments, positioned above a new Woolworths supermarket, are expected to launch in the coming months. Time &amp; Place is also progressing plans for the redevelopment of&nbsp;<a href="https://www.apartments.com.au/developments/northcote-vic-3070">Northcote</a>&nbsp;Plaza, and have recently submitted plans for a <a href="https://www.apartments.com.au/news/vic/time-place-unveils-plans-22-storey-south-melbourne-tower">22-storey tower</a>, another in South Melbourne.

In&nbsp;<a href="https://www.apartments.com.au/developments/sydney-nsw">Sydney</a>, the developer has two projects in Manly: Two Tides, which is currently under construction, and an ultra high-end building on&nbsp;<a href="https://www.apartments.com.au/buildings/shoreline-manly-beach-89-90-north-steyne-manly">North Steyne</a>, fronting the beach. It is also continuing to work through the redevelopment of The Chimes building on Macleay Street in&nbsp;<a href="https://www.apartments.com.au/developments/potts-point-nsw-2011">Potts Point</a>, as well as Marlborough House, the redevelopment of the original David Jones warehouse building in&nbsp;<a href="https://www.apartments.com.au/developments/surry-hills-nsw-2010">Surry Hills</a>.

First look: Time & Place settles on design for The Chimes, Potts Point redevelopment

<a href="https://www.apartments.com.au/developers/develotek">Develotek</a> is joining the likes of TOGA, Deicorp, and One Global Capital, betting on a boom in Five Dock ahead of the 2032 mooted opening of the Five Dock Metro Station.

Develotek, which is currently developing Bianca on the Drummoyne waterfront and has plans approved for a tower in Chatswood, has filed a State Significant Development Application for a <a href="https://www.apartments.com.au/new-apartments/79-81-queens-road-five-dock-nsw-2046">two-building project in the evolving Kings Bay precinct</a>.

The buildings, one more boutique just five storeys and the other 26 storeys, will rise from an 3,158 sqm site across&nbsp;79–81 Queens Road and 2–8 Spencer Street, will home 134 one-, two-, and three-bedroom apartments, above ground-floor retail and five basement levels of parking.

A key component of the proposal is the inclusion of 15 per cent of residential floor space as in-fill affordable housing, unlocking additional height and density under the Housing SEPP.

<img alt="First Look: Develotek lodges State Significant shop top housing project in Five Dock precinct" data-entity-type="file" data-entity-uuid="3ee31bf7-75ba-4bc5-b190-49885193219f" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/podium_2.png?VersionId=730UbrduuwK3C1sO28RHjiLPUPqXqjkh" />

Designed by <a href="https://www.apartments.com.au/architects/plus-studio">Plus Studio</a>, the scheme adopts a podium-and-tower configuration, with a five-storey street wall along Queens Road transitioning to a 26-storey tower set deeper into the site. The ground plane prioritises activation and permeability, with retail frontages and a new through-site link connecting Queens Road to Spencer Street.

At the upper levels, the tower façade has been conceived using a modular system to support prefabrication and reduce construction waste, while improving build efficiency. The splayed form draws on the geometry of surrounding industrial rooftops, reinterpreting the area’s heritage in a contemporary expression while also helping to reduce solar heat gain to east and west-facing apartments.

“This project aspires to transform a former industrial site into a connected, resilient and people-focused urban community, grounded in Country, shaped by history, and designed to enrich everyday life within the evolving Kings Bay Precinct,” said John Walsh, Principal at Plus Studio.

The proposal reflects the broader transformation of the Kings Bay Precinct under the Parramatta Road Corridor Urban Transformation Strategy, marking a shift from its industrial past to a higher-density, mixed-use urban neighbourhood.

<img alt="First Look: Develotek lodges State Significant shop top housing project in Five Dock precinct" data-entity-type="file" data-entity-uuid="abde734c-1e31-4a97-a1d2-fa9bcf31c380" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/building%20podium.png?VersionId=fNUupP6u146yEytQT31kKVRxwtACgPpP" />

Develotek is emerging as an active participant in the state’s affordable housing-led uplift pathway. The developer recently secured approval for a 34-storey mixed-use tower in Chatswood, where it similarly leveraged the in-fill affordable housing provisions to increase scale and deliver a 101-unit scheme with dedicated affordable apartments.

Their entry into Five Dock places them alongside a growing list of developers targeting the suburb ahead of its anticipated transport uplift, with Sydney Metro set to extend into the area. Major players including TOGA, Deicorp, and One Global Capital are all progressing large-scale precinct-style developments nearby, collectively reshaping the low-rise industrial fabric into a higher-density mixed-use corridor.

The Five Dock site sits within the Kings Bay Precinct, a key renewal area under the Parramatta Road Corridor Urban Transformation Strategy, where planning controls support significant uplift tied to affordable housing delivery. The consolidated 3,158 sqm site is currently occupied by low-rise industrial uses, including warehouses and vehicle workshops, earmarked for transition.

First Look: Develotek joins in Five Dock apartment boom

Ascot’s Racecourse Road continues to be a hive of activity for Brisbane developers.

Following Fortis and GRAYA, which are both preparing new projects along the key strip connecting Kingsford Smith Drive and Eagle Farm Racecourse, local developer <a href="https://www.apartments.com.au/developers/skyhold">Skyhold</a> is the latest to lodge plans for its own development.

The group is proposing One One Two Residences, a boutique project comprising just seven apartments, named after its address at 112 Racecourse Road.

The proposal outlines a five-storey building on an 810 sqm site. The built form slightly exceeds the four-storey expectation under the neighbourhood plan, aligning instead with the emerging character of the strip. As the planning report notes, “the locality is characterised by a transition toward medium-rise residential development, with a number of recent developments… above the stipulated height limits.”

<img alt="First Look: Skyhold lodges plans for boutique Ascot apartments as Racecourse Road revival gathers pace" data-entity-type="file" data-entity-uuid="ec577631-8c51-4163-960e-e7b3a77d655b" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Ascot.png?VersionId=iAzQ46D4Uu1UqiS0mVnlcy9jeFKBpJIj" />

Designed by 111 with landscape architecture by <a href="https://www.apartments.com.au/landscape-architect/paul-bangay-garden-design">Paul Bangay Studio</a>, the scheme adopts a layered architectural approach with strong articulation and a subtropical response. Deep balconies, integrated planters, and a mix of masonry and textured finishes define the façade, while upper-level setbacks reduce perceived bulk. The architectural statement describes “a series of horizontally expressed layers, defined by deep balconies and a consistent robust material palette,” aimed at delivering a refined streetscape presence.

Apartments are configured as large-format residences, including multiple three-bedroom layouts and a full-floor penthouse, supported by ground-level parking. A rooftop terrace will provide communal amenities including a pool and landscaped recreation areas. The design prioritises privacy, natural ventilation, and greenery, with planting integrated across all levels to soften the building form and contribute to the public realm.

<img alt="First Look: Skyhold lodges plans for boutique Ascot apartments as Racecourse Road revival gathers pace" data-entity-type="file" data-entity-uuid="1e1219bd-b45a-4d7f-bbc7-7207d7b2fc94" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Ascot%20entry.png?VersionId=JIoUOLMgQ5xWpEF0etEI3ffIoIVjD7gO" />

The proposal sits within the Racecourse Road precinct, a key mixed-use spine in Ascot that continues to attract renewed development interest.

Later this year national developer Fortis will launch its own boutique development, which, pending council approvals, will be 16 apartments designed by Koichi Takada Architects, just down the street.

“Racecourse Road is going through a massive revitalisation and we’re proud to be a part of that transformation,” said Fortis's QLD General Manager, Dan Boman.

Nearby, GRAYA is advancing its larger-scale The Gallery, a mixed-use shop-top housing project designed to act as a “catalytic project for Racecourse Road.”

First Look: Racecourse Road, Hamilton revitalization to continue as Skyhold joins the party

Federal Court

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Fractional property investment company DomaCom has announced the conclusion to the legal proceedings which the company has been supporting in the Federal Court of Australia.
The proceedings centred on superannuation legislation permitting investment in the DomaCom Fund by an SMSF where a related party was the tenant in the underlying property.
The ATO had (unless an extension of time is granted by the High Court) until 7 September 2018 to file with the High Court an application for special leave if it was to appeal the decision of the Federal Court of Appeal. 
DomaCom's lawyers have advised no such appeal or application for an extension of time has been filed.
Orders were issued last week by the Federal Court as follows:
<ul>
<li>There be a declaration that the leasing of the Burwood property by the DomaCom Fund would not cause Aussiegolfa Pty Ltd as trustee of the Benson Fund (Aussiegolfa) to breach the sole purpose test set out in section 62 of the Superannuation Industry (Supervision) Act 1993 (Cth);  </li>
<li>Aussiegolfa pay 40% of the ATO’s costs of the first instance proceeding (as agreed or otherwise assessed); and/</li>
<li>Aussiegolfa pay 40% of the ATO’s costs of the appeal (as agreed or otherwise assessed).</li>
</ul>
In relation to the Administrative Appeals Tribunal Appeal, the Court orders that the ATO pay 100% of Aussiegolfa’s cost of the appeal.
DomaCom CEO Arthur Naoumidis said DomaCom will now focus on addressing the related trust matter and is reviewing its constitution and disclosure documents to address this issue with respect to future sub-funds.
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jonathanchancellor-7SQnKwU6yx

Investments loom after DomaCom's Federal Court win on SMSF investment 

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<div>
The Federal Court has imposed record penalties totalling $18 million against We Buy Houses Pty Ltd (We Buy Houses) and its sole director, Rick Otton, for making false or misleading representations about how people could create wealth through buying and selling real estate, following ACCC action.
The penalties of $12 million imposed against We Buy Houses, and $6 million imposed against Mr Otton personally, are the highest ever imposed for contraventions of the Australian Consumer Law by a corporation and an individual, respectively.  
The Federal Court also banned Mr Otton from managing corporations for 10 years in Australia and permanently restrained Mr Otton and We Buy Houses from further involvement in the supply or promotion of services or advice concerning real property transactions or investment.
“We Buy Houses and Mr Otton peddled false hope to people simply looking to get a foothold in the housing market or invest money in real estate for their future,” said ACCC Chair, Rod Sims.
"The record penalties imposed against both We Buy Houses and Mr Otton reflect their egregious conduct.”
“They have also effectively been permanently banned from any further involvement in real estate in order to protect consumers,” Mr Sims said.
“These record penalties demonstrate the determination of the ACCC to take strong and effective enforcement action against businesses and individuals who prey on consumers using the false hope of creating financial success. The judgement signals the Court’s condemnation of false and misleading property spruiking and get rich quick schemes.”
“This outcome also reflects a recent trend of higher penalties for Australian Consumer Law breaches. We can expect this to continue following recent law changes to increase maximum financial penalties under consumer law,” Mr Sims said.
We Buy Houses and Mr Otton taught real estate investment strategies via free seminars, and paid ‘boot camps’ and mentoring programs that claimed people could:
<ul>
<li>buy a house for $1, without needing a deposit, bank loan or real estate experience, or using little or none of their own money</li>
<li>create passive income streams through property and quit their jobs</li>
<li>build a property portfolio without their own money invested, new bank loans or any real estate experience, and</li>
<li>start making profits immediately and create or generate wealth.</li>
</ul>
In August 2017 the <a href="/news/court-rules-property-spruiker-rick-otton-has-broken-consumer-law-with-his-strategies-an-expensive-waste-of-time">Federal Court found these claims were false or misleading</a>, in contravention of the Australian Consumer Law.
“In her judgement on liability, Justice Gleeson said the free seminars were a waste of time, and that the boot camps and the mentoring programs were an expensive waste of time," Mr Sims said.
The Court also found that Mr Otton had made false or misleading representations that he had successfully implemented the wealth creation strategies he taught. In addition, a book authored by Mr Otton, and websites operated by We Buy Houses and Mr Otton, included testimonials from ‘students’ claiming they were able to buy a house for $1, which the court found were false or misleading.
We Buy Houses had been conducting training programs including free seminars, boot camps and mentoring programs throughout Australia since around 2000. Between 2011 and 2014, We Buy Houses generated the majority of its $20 million revenue from conducting these training programs.
Otton is also renowned in the UK as the creator of ‘How to Buy a House for a Pound’.
</div>
<div class="field field-name-field-accc-mr-release-number field-type-text field-label-above">
The ACCC instituted proceedings against We Buy Houses and Mr Otton in March 2015 following a coordinated investigation with New South Wales Fair Trading. On 11 August 2017, the Federal Court delivered judgment on liability, finding that Mr Otton and/or We Buy Houses had engaged in multiple contraventions of sections 18, 29(1)(f), 29(1)(g), 34 and 37 of the Australian Consumer Law.
 
 </div>
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j.ballantyne1990-6AQqhLzZaK

$18 million fine after Rick Otton's property mentoring bootcamps ruled an expensive waste of money: Federal Court

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ASIC has commenced proceedings in the Federal Court of Australia against Linchpin Capital Group Ltd (Linchpin) and Endeavour Securities (Australia) Ltd (Endeavour).
Linchpin and Endeavour operate two managed investment schemes. Both schemes are called “Investport Income Opportunity Fund”.
Following an investigation, ASIC alleges that:
<ul>
<li>Linchpin is operating the scheme without holding an Australian Financial Services Licence as required by the Corporations Act;</li>
<li>Linchpin has used investor funds for its own purposes without disclosing this use to investors;</li>
<li>Endeavour has entered into related party transactions in contravention of the Corporations Act;</li>
<li>Endeavour has failed to properly disclose those related party transactions to investors; and</li>
<li>monies invested in the schemes managed by Linchpin and Endeavour have been misapplied or misappropriated by Linchpin and Endeavour.</li>
</ul>
ASIC is seeking orders to:
<ul>
<li>restrain Linchpin and Endeavour from operating the schemes and providing financial services;</li>
<li>prevent Linchpin and Endeavour from dealing with assets or investor funds;</li>
<li>appoint receivers over the assets of Linchpin and Endeavour to identify and secure scheme assets;</li>
<li>wind-up Linchpin and Endeavour and the schemes; and</li>
<li>obtain declarations that Linchpin and Endeavour have acted in contravention of the Corporations Act.</li>
</ul>
The matter will be heard in the Federal Court in Brisbane on 24 July 2018.
ASIC's investigation is continuing.
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jrobinson-rf4aSBido9

ASIC takes action against Linchpin Capital Group and Endeavour Securities

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The Director of Consumer Affairs Victoria has begun civil proceedings against estate agency Hoskins (Maroondah) Pty Ltd (ACN: 095 367 712), in the Federal Court of Australia, for alleged contraventions of the Australian Consumer Law (ACL) in relation to property sales on Melbourne's north east outskirts.
Consumer Affairs Victoria will allege that during 2015 and 2016, Hoskins advertised properties for sale at prices much lower than it believed they would actually sell for.
The alleged conduct relates to 26 residential properties located in Croydon, Croydon Hills, Croydon North, Mooroolbark, Park Orchards, Ringwood, Ringwood North, Warranwood and Wonga Park.
Consumer Affairs Victoria will also allege Hoskins misled two vendors it was acting for, by telling them their properties would sell for much less than it believed they would sell for, in order to claim ‘incentive commissions’ from the vendors when the properties sold at a much higher price. Such conduct, it is alleged, was also unconscionable.
The department will allege that, at various times throughout 2015-16, the company:
<ul>
<li>engaged in misleading or deceptive conduct towards potential property purchasers and two vendors who were clients of Hoskins</li>
<li>made false or misleading representations to potential property purchasers and two vendors who were clients of Hoskins</li>
<li>engaged in unconscionable conduct towards two vendors who were clients of Hoskins.</li>
</ul>
CAV will allege that Hoskins (Maroondah):
<ul>
<li>advertised 26 properties for sale at prices lower than the company believed they would actually sell for</li>
<li>misled two vendors it was acting for, by telling them their properties would sell for much less than the company believed they would - in order to claim ‘incentive commissions’ when the properties sold at a much higher price.</li>
</ul>
CAV will also allege that the company’s director, Brent Robert Peters, 43, of Croydon Hills, aided and abetted the company’s conduct. With over a decade in real estate, Brent Peters achieved Top 10 salesperson in his first year in real estate in 2001 and was recently named No. 1 salesperson out of the Hoskins network of 55 offices.
With 12 sales, Brent Peters won Croydon Hills Agent of the Year, in the RateMyAgent Agent of the Year Awards 2017. RateMyAgent is the largest independent review site in Australia and claims to be "trusted by agents and customers."
CAV is seeking orders that the company:
<ul>
<li>pays a financial penalty, plus legal costs</li>
<li>be restrained from repeating this conduct in the future</li>
<li>implements a compliance program to educate its staff about their ACL obligations to ensure no further contraventions of the relevant provisions occur</li>
<li>refund two vendors a total of around $25,000</li>
<li>publish details of any court orders on its website and display it in its office.</li>
</ul>
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Victorian Consumer Affairs accusing Hoskins agency of unconscionable incentive commission scheme

<html><body>
The Doncaster office of the real estate agency Hocking Stuart has been fined $160,000 by the Federal Court for underquoting on property listings.
Hockingstuart Doncaster was ordered to pay the penalty, following an action brought by the Victorian Director of Consumer Affairs.
<div class="in-content-ad">The misleading prices occurred in advertisements published between June 2014 and December 2015 on nine offerings.</div>
<div class="in-content-ad"> </div>
<div class="in-content-ad">Justice Bernard Murphy it as “serious” and “plainly deliberate."</div>
<div class="in-content-ad">
The judge found their underquoting was widespread and a significant part of its sales strategy at the time.
It was intended to create the illusion of a bargain, Justice Murphy said.
“It involved the deliberate creation of an enticing, but illusory and misleading, marketing web for the sale of nine homes.
“The purpose of doing so was to attempt to generate a higher level of buyer interest in the property, in the expectation it would translate into a higher sales price.”
Hocking Stuart Doncaster’s defence that such practices were widespread in the industry.
Domain reported the franchise agreed it made the false representations and that it breached state and federal consumer laws.
The judge estimated the small business derived over $34,000 from the contravening conduct.
A Doncaster property advertised for more than $790,000 sold at auction for $1.01 million.
A Templestowe property, advertised at above $1.7 million after the owner signalled they wanted $1.8 million to $1.9 million.
<a href="https://www.realestate.com.au/sold/property-house-vic-templestowe-120292541" target="_blank">The home </a>sold for $2.04 million at auction.
The court ordered the agency keep records of price estimates for three years, publish a public notice advising consumers of their misleading and deceptive conduct, and review its compliance program.
It follows a fine of $300,000 imposed on Hocking Stuart Richmond for underquoting last year.
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Underquoting fine on nine Hockingstuart Doncaster listings

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A Federal Court Judge has found the property spruiker Rick Otton has broken Australian consumer laws. 
Justice Jacqueline Gleeson concluded there was no evidence that the strategies spruiked by Otton could actually enable a consumer to buy a house for $1.
The judgement advised that the We Buy Houses seminars that students attended were an "expensive waste of time".
The claim by Otton's that his clients could "buy a house for $1" was misleading and and contravened the Australian Consumer Law.
Rick Otton's company We Buy Houses (WBH) had a turnover of more than $20 million.
Between January 2011 and June 2014, 3,400 people attended free seminars, 2,000 paid to attend a boot camp to learn more information, and 700 did another expensive course with mentors.
Would-be investors were given some information at the initial free session, then more if they paid $3,000 to attend the boot camp and the $26,000 mentoring workshops.
"For ordinary consumers seeking how to achieve the outcomes stated ... the free seminars were a waste of time," Justice Gleeson said.
"I formed the view that Mr Otton was a very unreliable witness who was prepared to maintain or defend statements that were obviously untrue or misleading and who is habitually careless with the truth."
"The headline 'how to buy a house for $1' indicates that [WBH and Otton] were directing their efforts principally towards people who were not property rich, but who would be attracted to the idea that they could make money from property without having to pay a significant amount for it," Justice Gleeson said.
"The message is sensational. It is designed to attract the attention of consumers who do not have sufficient financial resources to buy a house using mainstream bank finance."
The Australian Competition and Consumer Commission [ACCC] had alleged that WBH's further claims that a consumer could buy a house without needing a deposit, bank loan or experience, start making profits immediately, and create wealth were also misleading and deceptive.
Justice Gleeson's judgement said consumers enticed by WBH were given a variety of strategies and tips to achieve property ownership — some of which included "rent-to-buy", a "sandwich lease option" involving a middleman, and "sweat equity" option, where the buyer carries out renovations in lieu of paying a deposit.
Justice Gleeson accepted that some of the WBH strategies were theoretically possible, but added there was no evidence they had been used by its students successfully.
None of WBH's most successful students, known as "big kahunas", provided evidence to the court to show what they had claimed to have achieved, and while a number of testimonials were shown to the court, the judge said there was no evidence of the claims in them.
The ACCC called nine consumers as witnesses to describe how they had never achieved success by implementing what they learned.
One consumer and his partner attempted to buy properties in Bass Hill, Quakers Hill, Homebush West, North Bondi, Eastlakes and Lake Haven.
"Despite claiming that Mr Otton had been successful financially "in following these ideas and strategies", there was almost no evidence that [Mr Otton and WBH] had used the strategies, let alone used them to make money," Justice Gleeson said.
"I conclude that, in reality, the respondents' strategies do not and cannot enable a consumer to buy a house without needing a deposit, bank loan or real estate experience."
The ACCC instituted proceedings against We Buy Houses and Otton in March 2015 following an investigation with New South Wales Fair Trading.
"Today's judgment sends a strong message to 'property spruikers' that they must not make false or misleading representations about the success and profitability of their 'wealth creation strategies' to induce consumers to pay significant sums to learn about them," <a href="https://www.accc.gov.au/media-release/property-spruiker-made-false-or-misleading-representations" target="_blank">ACCC Deputy Chair Delia Rickard said.</a>
In a statement, Otton said he was pleased that the court accepted it was inconceivable that an ordinary or reasonable person would take the phrase "How to Buy a House for a $1" at face value.
"As I so often explained, the technique was designed to help homeowners who can no longer pay home loan repayments and with the help of a turnaround specialist, ensures that they do not become mortgagee sale roadkill," Otton said.
"We accept Her Honour's findings that insufficient proof was presented to prove how this vendor finance technique can work in practice."
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