Rockdale has long been characterized as a suburb on the cusp. Well-located, well-connected, but historically underserved by modern apartment offerings.

It has everything going for it: outstanding connectivity to the Sydney CBD, just four train stops to Central Station, strong local amenity anchored by Roc​kdale Plaza and a growing main-street dining scene, and enviable proximity to Brighton-Le-Sands. The six-kilometre beachfront is lined with bayside restaurants, cafés, and walking paths, giving residents a lifestyle typically associated with much more expensive coastal suburbs.

What Rock​dale has lacked is high-quality contemporary apartments. Most existing developments date back several decades, with floorplans that no longer support modern living needs, and buildings constructed long before today’s standards in engineering, efficiency, and sustainability.

Lender, fund manager and apartment developer Princeton identified the gap early. Seeing all the right ingredients in Rockd​ale, transport, lifestyle, retail, and affordability, they set out to deliver what the suburb was missing. Their answer is <a href="https://www.apartments.com.au/new-apartments/marque-rockdale-602-608-princes-highway-rockdale-nsw-2216">Marque Rockdale</a>, a collection of 58 one-, two-, and three-bedroom apartments now nearing completion just a short walk from Ro​ckdale Plaza, home to over 50 specialist retailers and anchored by&nbsp;Woolworths, Big W and Aldi.

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Understanding they would be resetting the benchmark for the area, Princeton focused on ensuring buyers received best-in-class quality, longevity, and protection.

A major step was securing the sought-after Latent Defects Insurance policy from Resilience Insurance. This policy protects apartment buyers from structural or waterproofing defects for the first 10 years of the building’s lifecycle. Crucially, it is first-response insurance, meaning that if an issue arises, the insurer pays immediately for remediation—rather than waiting for lengthy investigations to determine fault before work can begin. For purchasers, it offers an unprecedented layer of security rarely seen in Sydney apartment projects.

During construction, independent building inspection firm SDSS has been providing Technical Inspection Services, bringing highly specialised construction experts on-site at key stages to ensure workmanship meets the highest standards. The project is being built by Coplex, an iCIRT-rated construction company, and throughout the build SDSS has frequently referred to <a href="https://www.apartments.com.au/new-apartments/marque-rockdale-602-608-princes-highway-rockdale-nsw-2216">Marque Rockdale</a> as one of the best projects currently on their books.

Princeton also doubled down on comfort, acoustics, and livability.&nbsp;As well as being the only building along Princes Highway with a landscaped buffer between the building and the road, Princeton has purposefully included double-glazed windows in all apartments to reduce noise.

Apartments feature double-glazed, noise-reducing windows and ducted air conditioning in every residence.&nbsp;In addition to the project’s transport convenience, Princeton has partnered with GoGet Car Share to provide a dedicated GoGet vehicle housed permanently within the building. Residents will receive a free annual GoGet membership, paying only usage fees, offering a flexible alternative to owning a second car and enhancing the project’s sustainability credentials.

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Residents will enjoy an exclusive rooftop oasis, purpose-designed as an extension of their living space. The communal rooftop includes BBQ facilities and outdoor entertaining areas, a&nbsp;pergola-shaded dining zone, a dedicated children’s play space, and a landscaped herb garden.

Princeton and Coplex is approaching completion of <a href="https://www.apartments.com.au/new-apartments/marque-rockdale-602-608-princes-highway-rockdale-nsw-2216">Marque Rockdale</a>, and are expecting residents to move in early in the new year. The mix of apartment configurations and price points have been a hit with young professionals, those who need to commute to the CBD, and families who appreciate doorstep amenity.

“Marque is a place where residents will be proud to call it home," Princeton Head of Development George Young says.

"We’ve worked really hard with Coplex and our design team to deliver an incredible building for the future home owners to make their own. The homes are all designed to allow the residents to make it their own, a place to belong and live a stylish urban life."

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Joel Robinson

Marque Rockdale sets a new standard of apartment living in Sydney's south

Plans to revitalize the&nbsp;long-established Benowa Gardens Shopping Centre into a mixed-use community combining living, shopping, dining, health and wellbeing facilities, have been proposed to the Gold Coast City Council.

The Benowa Gardens Urban Village proposal by Benowa Gardens Holdings seeks to transform the 17,660 sqm site at <a href="https://www.apartments.com.au/new-apartments/203-ashmore-road-benowa-qld-4217">203 Ashmore Road</a> into a contemporary, sustainable destination that reflects global trends in modern community design while retaining the familiar local character residents value.

The site is bordered by Ashmore and Benowa Roads and Carrara, with ready access to Pindara private hospital, four schools, TAFE, sports fields and the nearby Botanic Gardens.

Benowa Gardens Holdings is seeking a preliminary Council approval only for its proposed masterplan and variations to the site’s Neighbourhood Centre zoning.&nbsp; 
Formal Public Exhibition commenced Friday and also marks the start of comprehensive community consultation with surroundings residents, schools, P&amp;Cs, existing retailers, nearby sporting clubs, arts groups and Botanic Gardens volunteers.

Designed by Neylan Architecture, the masterplan envisions around 413 new apartments, complemented by upgraded retail, dining, and wellness amenities as part of 10,000 sqm of retail, and 9,630 sqm of office space/medical suites.

The development will feature green open spaces, shaded promenades, landscaped terraces, pedestrian walkways, and expanded healthcare and lifestyle services in synergy with the neighbouring Pindara Private Hospital and local schools.

<img alt="Benowa" data-entity-type="file" data-entity-uuid="244f4d54-2e67-4141-92b8-78d5735f47c2" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202025-11-26%20at%2012.47.34%E2%80%AFPM.png?VersionId=FmF5lzhpwVZc7POsdB770TJ_Bf2c0od8" />

“This concept embraces the way people increasingly want to live - safely, conveniently, and within strong local communities,” said Patrick Lu, Director of Benowa Gardens Holding.

“Benowa Gardens will set a new benchmark for integrated living on the Gold Coast. It’s a thoughtful, community-minded evolution that brings global best practice in urban design to one of the city’s most established areas.”

Lu said this isn’t just a redevelopment, it’s a renewal with purpose.

“Benowa Gardens has served the community for decades. Our goal is to ensure it continues to do so for generations to come, as a lively, connected Urban Village where people can truly live, work and thrive. We’re already talking to school leaders and the community to seek their feedback on our proposal, and have taken on board their ideas to improve student safety with additional “traffic calming” measures on Carrara Street. We’re conducting meaningful and sincere consultations and want to play our role in preserving and enhancing the local community."

The proposed redevelopment aims to deliver tangible benefits across the Benowa and wider Gold Coast community, including:

<ul>
	<li>Improvement of retail amenity, to capture the under-served local market demand and keep the local business at their local shopping centre.</li>
	<li>Housing diversity; offering a range of apartment types for key workers, downsizers, and local families who wish to remain in the area.</li>
	<li>Enhanced shopping and dining; revitalised retail spaces designed to support local businesses and attract more visitors.</li>
	<li>Health and wellbeing access; additional medical and wellness amenities to complement existing local facilities.</li>
	<li>Improved traffic flow and access; two new access points, upgraded intersections, upgrade pedestrian pathway’s signal and proposed upgrade of pedestrian and cycle connections/space to improve safety and convenience, especially for school children.</li>
	<li>Environmental sustainability; energy-efficient design, green rooftops, and water-sensitive landscaping to reduce emissions and enhance comfort.</li>
	<li>Local jobs and investment; supporting hundreds of construction and long-term roles while stimulating local economic growth.</li>
</ul>

The group behind the project boasts extensive experience in the property development industry, both in Australia and international markets. Over the past 23 years, the group has been involved in the development and management of a diverse portfolio of assets including residential dwellings, shopping centres, bulky-goods stores, community and medical facilities, childcare centres, offices, hotels, and taverns, across Brisbane, Ipswich, and the Gold Coast.

Benowa Gardens to become new mixed-use urban village

Demand for townhouses in Melbourne’s inner west has surged as buyers seek the elusive combination of space, affordability, and location.&nbsp;

With family-first apartments increasingly rare and standalone homes often out of reach, townhouses have emerged as the new sweet spot, delivering generous living areas with lower maintenance needs within close proximity to the Melbourne CBD.&nbsp;

<a href="https://www.apartments.com.au/new-townhouses/kings-lane-south-kingsville-50-58-new-street-south-kingsville-vic-3015">Kings Lane</a>, the new under-construction townhouse development by the family-owned developer&nbsp;<a href="https://www.apartments.com.au/developers/blue-run">Blue Run</a>&nbsp;in South Kingsville, responds directly to this trend. Comprising just 25 residences designed by <a href="https://www.apartments.com.au/architects/rothelowman">Rothelowman</a>, the project offers a compelling alternative to both apartment downsizers and family upsizers. With three-bedroom homes priced under $1 million, it presents one of the area’s rare attainable pathways to townhouse living less than eight kilometres from the CBD.

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<a href="https://www.apartments.com.au/developments/south-kingsville-vic-3015">South Kingsville</a> itself is quietly becoming one of Melbourne’s most dynamic pockets of urban renewal. Flanked by the established appeal of Yarraville, Newport and Williamstown, the suburb balances quiet, village-like streetscapes with major infrastructure upgrades and a growing slate of retail, dining and lifestyle amenity.&nbsp;

Kings Lane occupies a well-connected site at 50–58 New Street, just off Blackshaws Road and within walking distance of the emerging Union Quarter precinct, a major retail destination anchored by Woolworths, specialty food outlets and wellness services.

A 400-metre stroll brings residents to the Vernon Street shops, a local favourite known for its mix of independent grocers, cafes and family-run eateries. For broader shopping options, Altona Gate Shopping Centre and Yarraville Square are both within a short drive. Spotswood IGA and the Williamstown retail strip further broaden the convenience of daily essentials.

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Dining options in the area lean toward eclectic and community-driven, with standouts like Rocco’s Deli, Dad and Dave’s, and Pizza d’ASPORTO offering a range of casual and elevated menus. Cafés such as Hudson Road Wine &amp; Beer and Blacksheep Coffee add to the lively yet local feel of the neighbourhood.

Green space is another hallmark of life at Kings Lane. Edwards Reserve is close enough for morning walks or casual sport, while larger parks like Newport Lakes, Yarraville Gardens, and Cruickshank Park are all a few minutes’ drive away. More than half of the nine-hectares of new green space or parkland being created as part of the West Gate tunnel works is located just at the end of New Street, the same street as Kings Lane.

&nbsp;

For those with school-age children, South Kingsville is home to a range of quality childcare centres and schools, including Kingsville Primary, Spotswood Primary, and Williamstown North Primary. Community Children’s childcare and South Kingsville Preschool are nearby, making the suburb particularly attractive to young families.

Transport links continue to improve, with Spotswood Station and the West Gate Freeway both within a five-minute radius. Future upgrades, including the proposed sky rail for Newport and Spotswood, and the delivery of the West Gate Tunnel project, promise even better access to the CBD and Melbourne Airport in the years to come.

Kings Lane's 25 all-electric townhouses are currently under construction, and will complete in late 2026.

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Staff Writer

Kings Lane townhouses offers rare value in Melbourne's thriving inner west

Developer-builder <a href="https://www.apartments.com.au/developers/billbergia">Billbergia</a> has set a new apartment price record for <a href="https://www.apartments.com.au/developments/rhodes-nsw-2138">Rhodes</a>, a suburb the company has been instrumental in transforming over the past two decades.

The milestone follows the delivery of thousands of apartments across the harbourside peninsula, culminating in the $4.5 million sale of a 220 sqm penthouse in the <a href="https://www.apartments.com.au/buildings/rhodes-central-oasis-39-marquet-street-rhodes-nsw-2138">Rhodes Central Oasis</a> building, which Billbergia completed earlier this year. It is the first apartment in Rhodes to surpass not only the $4 million mark for settled sales, but also the $3 million mark, eclipsing the previous $2.75 million record set in 2021.

The purchaser had originally secured several apartments in the 40-storey tower off the plan as investments. During settlement, she spent more time in the Rhodes area and was so impressed with the building that she decided to downsize from her Northbridge home into the four-bedroom plus MPR penthouse.

The sale underscores the long-term work Billbergia has undertaken in Rhodes since the early 2000s. The company, rated 4.5 Gold Stars under the NSW iCIRT system, identifying it as one of the state’s most trustworthy and financially secure developers, was a pioneer of the area’s urban renewal. What was once a heavily industrial waterfront has become one of Sydney’s most successful examples of transit-oriented development.

<img alt="Billbergia" data-entity-type="file" data-entity-uuid="56093d7f-db18-42f4-bf9b-115bdf76f5f3" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202025-11-26%20at%2011.10.06%E2%80%AFAM.png?VersionId=pca77Mr.H83nwXbJexmaLUAqBewtQ7d9" />

Billbergia is now driving the peninsula’s next major evolution: the most ambitious project in its nearly four-decade history. They are planning the Rhodes Bay Masterplan, an eight-tower, mixed-use precinct on Leeds Street. Currently with the NSW Government’s Housing Delivery Authority which is now championing large-scale projects across the state, the Rhodes Bay Masterplan lays the groundwork for a generational reshaping of this important pocket of Sydney’s Inner West.

The masterplan spans more than 31,000 sqm of amalgamated industrial land along the foreshore, land that has been privately held and inaccessible to the community for more than a century. According to Billbergia’s Development Director, Saul Moran, reclaiming this land for public use is central to the company’s vision. 
 
“What’s so exciting is that we have over 300 metres of privately-held industrialised waterfront, land that’s been locked away for more than 100 years, which we’re bringing back to the community,” he says. “It’s taken many years to assemble sites like these, and the goal now is to transform them into meaningful public space where new homes can be built in an integrated, amenity-rich setting.”

At full completion, the Rhodes Bay Masterplan is expected to deliver over 2000 apartments, with the first 1000 to be completed by 2029. Billbergia’s design focused on nine slender towers, so they could give back more to the ground plane. There will be more than 16,000sq m of new parkland and recreation space, including sports fields, a foreshore play area and waterfront green links. Around 14,600 sqm of retail is also proposed, extending the precinct’s role as a true mixed-use hub.

<img alt="Rhodes Bay" data-entity-type="file" data-entity-uuid="240ffc41-4f26-421a-9606-5c56f6fc2d93" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202025-11-26%20at%2011.05.48%E2%80%AFAM.png?VersionId=BkBxZr7S8CAt1vgNa8AF3zjdc3YuVh0L" />

“Density only works when it’s paired with amenity, transport and open space, and that’s what’s made Rhodes such an amazing success story,” Moran says, adding that the demographic shift Billbergia has seen over the last two decades has informed their future development pipeline in the suburb.

“Rhodes has moved from being largely an investor market to a strong owner-occupier community,” Moran says. “There’s real demand for three-bedroom homes, flexible intergenerational layouts, and apartments people can grow into.”

&nbsp;“We’re designing taller, more slender towers to free up the ground level for sport, recreation and green space. High-density communities thrive when people have the best backyards in Australia, and that’s what we want to create here.”

Demand remains robust, evidenced by Billbergia’s recent results. “We achieved a record sale across the entirety of Rhodes Central just last week,” Moran says. “It shows the depth of confidence buyers have in what’s being built here.”

Billbergia’s vertically integrated model allows them to overcome the recent cost escalation and challenges in the build environment. “Having an in-house construction team lets us control feasibility, value management and quality from day one,” Moran says. “It’s critical in the current market, where construction escalation is at the forefront of every project’s viability.”

The company is also leveraging the NSW Government’s new Housing Delivery Authority process, which Moran describes as a more efficient pathway without compromising design standards. 
 
“We’re really applauding the NSW Government for its efforts to increase housing supply. There’s been a remarkable improvement in how they’re helping deliver more homes, more quickly.”

Billbergia has already commenced construction of Stage One of the Rhodes Bay masterplan. They will be lodging the State Significant Development Application before Christmas.

“We’re moving quickly, but with due care,” Moran says. “This is a generational precinct, and it needs to be done right.”

Billbergia smashes suburb record as Rhodes transformation continues

The sheer scale of the two skyscrapers at <a href="https://www.apartments.com.au/new-apartments/victoria-albert-broadbeach-20-albert-avenue-broadbeach-qld-4218">Victoria &amp; Albert</a>, soaring 40 and 64 storeys above the heart of Broadbeach, was always destined to deliver some of the highest and most luxurious apartments ever built in the suburb.

Now, builder-developer <a href="https://www.apartments.com.au/developers/iris-capital">Iris Capital</a> has unveiled the Horizon Collection, a selection of residences with the largest floorplans and most commanding views in the towers. The three-bedroom apartments, starting from $4.64 million, include butler’s pantries, multi-purpose rooms, and, in some layouts, master retreats with private sitting areas.

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The most prestigious apartments in the Horizon Collection are the sub-penthouses and penthouses. The two sub-penthouses on the 38th level of the Albert Tower are priced at $8.85 million.

Each features three bedrooms, a study, and a flexible multi-purpose room with a sliding partition that allows half the space to function as a games room.

The open-plan kitchen, living, and dining area, complete with a butler’s kitchen and private wine cellar, flows onto a full-width balcony framing panoramic coastal views.

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There is now just one sub-penthouse for sale on the 62nd level of the Victoria Tower, with one already secured by an expat owner-occupier. The remaining sub-penthouse, priced at $8.95 million, offers four bedrooms and a wraparound balcony that captures panoramic views up and down the Coast. vistas from every angle.

Crowning each tower is a full-floor penthouse offering multiple expansive indoor and outdoor living and entertaining spaces. Atop the Victoria building is Oceania, which measures over 735 sqm of living space, and Kurrara atop the Albert Tower, which is almost 800 sqm. They each have four bedrooms, including a master and guest suites, a full 360-degree panorama of the Gold Coast, and all the bells and whistles expected of a luxury penthouse. They are priced from a little over $18 million.

“Every detail, every finish has been thoughtfully considered to imbue the penthouses with the ultimate sense of luxury,” says Susan Rossi, Director of Interior Design at <a href="https://www.apartments.com.au/architects/dbi">DBI</a>, who led both the architecture and interiors for V&amp;A. “We shaped these skyhomes to embody the spirit of Gold Coast luxury.”

[smartcode_project:default project_id=107928 project_image_fid=234091]

Victoria &amp; Albert, colloquially known as V&amp;A, is the flagship Gold Coast development by the Sydney-based Iris Capital. Led by developer and hotelier Sam Arnaout, Iris Capital acquired the landmark Niecon Plaza site in 2021. At the time, Arnaout described the company’s expansion into Queensland as a strategic move to capitalise on one of Australia’s strongest growth markets.

“We were initially looking to expand into Victoria, but the massive migration to the regions that followed the pandemic created a new dynamic across the Australian market,” Arnaout said.

“From a strategic point of view, Queensland — and the Gold Coast in particular — is the perfect fit for our business. The fundamentals here are strong: genuine employment growth, high net migration, and an undersupply of apartments driven by strong demand. The Gold Coast has matured into a thriving, progressive regional city with a fantastic future.”

[smartcode_project:default project_id=107928 project_image_fid=234097]

Across its two towers, V&amp;A will deliver 425 luxury apartments, supported by a suite of resort-style resident amenities. These include a subtropical podium featuring a 25-metre lap pool, gym, yoga deck, residents’ lounge, kids’ play area, zen garden, and barbecue terraces with outdoor dining spaces.

<a href="https://www.apartments.com.au/project-marketer/colliers">Colliers</a> Queensland Director David Higgins, who has managed sales at V&amp;A since its 2021 launch, says the project has set a new benchmark for Broadbeach’s luxury apartment market. Colliers Queensland Director David Higgins, who has managed sales at V&amp;A since its 2021 launch, says the project has set a new benchmark for Broadbeach’s luxury apartment market.

“The premium market has definitely spoken, with V&amp;A having now reached over half a billion dollars in presales since our launch,” Higgins says, adding that over 65 per cent of V&amp;A is now sold.

“Our buyers continue to validate the success of the Victoria &amp; Albert development vision and the luxury amenity that comes along with their apartment purchase. Of course, Broadbeach’s most walkable location, just 100m from the Broadbeach surfing beach, makes this luxury apartment a compelling addition to your real estate portfolio.”

Last year, Iris Capital brought construction in-house through its new arm, Iris Built. Completion of the 40-level Albert Tower is scheduled for late 2027, with the 64-level Victoria Tower, the taller of the two, expected to follow in mid-2028.

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Victoria & Albert’s Horizon Collection takes Broadbeach living to new heights

Real Estate Fraud

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The founder of the estate agency Unique Estates, Nicolette Van Wijngaarden made 16 last-ditch unsuccessful attempts to secure funding to keep her business afloat, District Court documents have revealed.
The estate agent was jailed midweek for more than three years with a one-year-and-nine-months non-parole period, after pleading guilty to a $3.6 million trust fund fraud.
After the largest real estate fraud in NSW history, Judge Pickering noted that the court could not endorse stealing to ensure that the business did not fail.
Van Wijngaarden had told her pre-sentence hearing an unnamed Byron Bay billionaire had pulled out of his $4 million proposed bailout just days before its February 2018 collapse after speaking to his solicitor.
The documents reveal the billionaire to be Tom Misner, the international music producer.
Brad Garnham, Michael Guo and Michael Kollosche were also approached, without success. Even Prospa declined to offer finance.
It was solicitor Nicholas Eddy, acting for Collette Dinnigan, who prompted the NSW Fair Trading investigation after a deposit went missing following the sale of one of Dinnigan’s Milton farms.
This article first appeared in the Sunday Telegraph. 
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No white knight for jailed Unique Estates founder Nicolette van Wijngaarden

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The former property developer and model Simone Semmens has been jailed for 34 months after not paying GST or tax on three of her Melbourne properties.
She will be released after she serves 14 months. 
The former TV presenter failed to pay GST on a $7.8 million mansion at Caulfield North, a $7.5 million property at Portsea and a Toorak property said to be valued at more than $1 million.
In June Semmens <a href="/news/simone-semmens-faces-county-court-over-gst-withholding-allegations-after-prestige-melbourne-property-sales">denied she withheld the GST payments</a>.
During her sentencing, the judge said her fall from grace had been "dramatic."
“You remained stubborn and steadfast that you did not owe GST or tax at crucial times,” the judge said. 
<div class="w650 h487 image media">
“The tragedy of your current situation, it needn’t have come to this,” he added, suggesting there were multiple times the issue could have been resolved before trial.
Semmens was found guilty of 10 charges of dishonestly withholding tax payments owed after a two-week trial in the Victorian County Court.
The Australian Taxation Office has said Semmens flipped 10 luxury properties, bringing in more than $20 million and a total profit of $4.4 million between 2005 to 2011.
<div class="_1FVA8dr2">Semmens was a beauty queen, including being crowned Miss Victoria Grocery Industry in the 1980s, and was also the one-time corporate spokeswoman for Telstra.</div>
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Simone Semmens jailed over $1.7 million property tax fraud

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<div class="storysegment2 segmentContentFull">
Estate agent Nicolette van Wijngaarden told her pre-sentence hearing last Friday that an unnamed Byron Bay billionaire had pulled out of his proposed bailout of her boutique agency just days before its February 2018 collapse.
Van Wijngaarden has pleaded guilty to trust account fraud, with the Crown saying she misused $3.69 million of client funds from May 2016 to February 2018.
“I stupidly thought I could pay it back,” she told the court. She will be sentenced in Sydney’s Downing Centre District Court in late November, when she faces up to 10 years in jail.
Thinking the cash flow issues were short-term and seasonal, she claimed any lavish expenses, including the cars, flowers and travel were tied to the business.
“I’m completely devastated that I’m sitting here today, horrified that people have been let down,” she said.
Fashion designer Collette Dinnigan was one of van Wijngaarden’s clients who was caught up in the agency’s collapse, with the deposit on the sale of her South Coast property not in the trust fund when the NSW Fair Trading Department stepped in.
Van Wijngaarden told the court she only paid herself $12,000 in commissions in the nine years after founded Unique Estates in 2009.
She was entitled to commission from 94 of the company’s 115 sales over the following years, she told her barrister Frank Coyne.
He said van Wijngaarden had made every effort to address the shortfalls; forgoing commission – she estimates she kept only $12,000 commission over almost nine years – seeking bank loans and equity from investors.
When she could not fix the problem she reported herself to NSW Fair Trading and assisted the authorities. The court also heard the ordeal had ruined her marriage and any lavish expenses were tied to the business.
She told the court the billionaire had backed out of the $4 million bailout after speaking to his solicitor.
The global businessman, who had been a client of the estate agent and then a friend, had also been hesitant as he had been subject to his own issues with the ATO.
The estate agency had a $5 million turnover in its final year, the court was told.
Van Wijngaarden’s is the largest case of real estate trust fraud in NSW history, with victims including property sellers and rental property landlords — who have since received their entitlements from the NSW taxpayer-funded compensation fund.
Her trust account fraud - being an real estate agent - was not as serious breach of trust as that committed by lawyers and accountants, the court heard from her barrister.
</div>
Her barrister made a submission to his honour that it was not as "clear cut" as other frauds.
Coyle argued the case “was one of those rare occasions where greed was never the motivation.”
“Greed takes all forms,” Judge John Pickering responded quickly.
"A motivating factor was a continuation of her business … it wasn’t as if there was no benefit to her,” his honour said.
“It’s not the worst form of greed you see in some of these fraud matter but there is still an aspect of self-gratification to it all,” he said, noting there was a certain level of "ego" being the head of a boutique high-end real estate agency.
"It's a complex matter and I do agree it has some unusual features to it as she [Ms van Wijngaarden] isn't the classic single-minded fraudster," said Judge John Pickering in the Sydney district court.
"But when you sell or buy Sydney homes, an extraordinary amount of money is put in the trust of real estate agents and for most people never in their lives would they trust that much money to anyone ... so I wonder why a breach of trust by a solicitor is more serious than a breach of trust by a real estate agent?"
Judge Pickering noted the NSW taxpayers had to pay for the lost funds.
The prosecution noted that every dollar van Wijngaarden took from the trust funds was “a dollar she needn’t have considered spending from her own pocket”.
Ms van Wijngaarden's lawyer said she used trust deposits between 2016 and 2018 to "save" her cash-strapped business and had every intention of repaying the money by raising funds through investors.
Ms van Wijngaarden said she turned herself in, then assisted with investigations and tried to sell the business' assets, including a $1.2 million luxury holiday home rent roll, an act that should reduce her sentence, her lawyer said.
She alleged the administrators scuppered attempt to sell the rent roll, and the sales business, which she through had a $2 million value.
The Crown solicitor said Ms van Wijngaarden had turned herself in only to save herself from being sued by angry buyers whose deposits had disappeared.
She gave evidence that her actions were a desperate attempt not to let staff and clients down.
“I made the very stupid mistake of taking money from the trust but I genuinely felt I was going to be able to put that back,” she told the court. “It was out of pure desperation to not let anyone down,” she later said.
“Everything I’ve ever done I’ve done for other people,” she said.
After she turned to the trust fund in May 2016, she avoided having the business audited.
“When I first did it I knew it wasn’t the right thing to do, but I thought I’d be able to put it back,” she said.
But “it snowballed”.
The prosecution emphasised that the agent knew what was the right thing to do having seen her first business endeavour, a marketing company collapse after her main client failed to pay its account.
 
 
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Estate agent Nicolette van Wijngaarden explains her trust fund fraud

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A Maroubra real estate agent has been jailed for two years for fraud after admitting to stealing deposits from trust accounts.
Zacharis Gregory Imisides was sentenced earlier this month to two years imprisonment.
It will be served through an intensive correction order, which will see him perform 400 hours of community service work and participate in a rehabilitation psychology program.
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<div id="google_ads_iframe_/31694718/domain.com.au/news/nsw_3__container__">The 37-year-old estate agent was charged with eight counts of fraudulently converting money, totalling more than $425,000. </div>
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The offences occurred between May 2014 and December 2014 in Marourbra, Pagewood and Kingsford.
Zac Imisides was a real estate agent at Century 21.
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<div class="__domain_group_fe_co_wp_listing_recommendation_experiments___2_0_0" data-renderizr-id="fe-co-wp-listing-recommendation-experiments_1">Minister for Better Regulation Matt Kean said this was another example of a real estate agent “abusing their position and accessing money isn’t theirs”.</div>
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“Imisides made transfers after selling seven properties in 2014 but the trust account withdrawals had no connection to the sale of the properties, and he was not authorised to release the sales deposits prior to settlement,” said Mr Kean.
Imisides was disqualified in 2016 from holding a licence or certificate of registration for eight years.
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Maroubra estate agent intensive correctional order for two years

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A former Strathfield real estate agent who fraudulently used more than $380,000 of clients’ money held in trust has been sentenced to a 20-month Intensive Correction Order. 
Minister for Innovation and Better Regulation Matt Kean said 31-year-old Min Paul Pak was also ordered to pay more than $87,000 to the NSW Property Services Compensation Fund.
“This was a breach of trust from someone who was meant to be helping people through the biggest transaction of their life,” Kean said.
“Let it be a reminder: This government won’t put up with people who want to rip off consumers or small business. You will pay the price.” 
Kean said the former director of Haus Real Estate Pty Ltd was convicted in the Parramatta Local Court for misappropriating trust funds three times.
“On one occasion, after he helped in the sale of a house for more than $1 million, Pak authorised the transfer of withdrawals totalling more than $111,000 from a trust account to external accounts,” Kean said.
“Those withdrawals had no connection to the sale of the house and Pak had no authorisation to disburse the funds.
“Selling property is extremely stressful and owners don’t need the added burden of worrying that something dubious may happen to their money.”
Pak has been disqualified from being involved in the direction, management or conduct of a real estate agency for 10 years.
The Property, Stock and Business Agents Act requires agents to hold money in a trust account for the vendors until settlement of the property. Agents found to be using trust money for their personal use or the use of another person can be prosecuted and face penalties of up to 10 years imprisonment, even if the money is returned in full.
Pak has the right to lodge an appeal.
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Former Strathfield real estate agent in $380k fraud charge

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Former MasterChef contestant Dani Venn and her husband Chris Burgess had fears some $250,000 from the proceeds of their home sale had been lost, through their conveyancing which was utilising PEXA, Australia's new online property transfer system. 

Property Exchange Australia (PEXA) has come out and advised the PEXA system wasn't hacked. 

However the company, whose platform allows financial settlements to be completed electronically, has announced however that they have "begun work developing additional alerts and processes to further enhance security in the system."

The money was stolen from their conveyancer's PEXA account with a cyber criminal setting up a false user.

The conveyancer was transferring the funds to their bank account to complete the settlement for the new property, however the money was taken by a hacker who hacked into the conveyancer’s email account, pressing the ‘forgot password’ button, intercepting the email to create a new password, logging in and unbeknown to the conveyancer created a new user.

The hacker changed the bank details to their bank account. 

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PEXA initially claimed that they were not liable for a hacker compromising the workspace of a user’s account and that they have a two-step verification process.

The Venn's had just sold their Melbourne home, with a move to the Mornington Peninsula on the horizon.

Venn said it was always their dream to live near the sea.

They moved out of their old house on June 22 and a day later Venn posted to Facebook to say they had 12 days to come up with around $120,000 or lose $80,000 house deposit for their new home and more.

"We are living every family's worst nightmare", Venn told Fairfax Media which featured her plight on the front page of The Age.

Dani and the kids moved in with her mother, while Chris slept in a caravan. 

"We were told that our money had been stolen and redirected to a CBA account, the CBA were informed by PEXA and froze that money.

"We were told that the ‘funds had been frozen’ but the CBA would not put in writing that this was the case.

"We were made to believe our money was recoverable. It was not until the CBA made our conveyancer sign an indemnity form, wiping their hands of all responsibility, that they told us a few minutes before our new property was due to be settled on Wednesday that approx $107,000 was missing and was unrecoverable.

"We’ve never experienced anything like this feeling, total utter heartbreak and disgust in the system we have trusted in all our lives and a government that is supposed to protect us from ever being in a situation like this."

Venn started a GoFundMe page in an ambitious attempt to recoup $120,000 before they defaulted on their new purchase.

Titled Hacked out of home, the page raised over $15,000 in one day of posting.

Donations have slowed and the page has seen $16,981 given by 72 people.

<a href="https://www.2gb.com/masterchef-stars-dream-a-complete-nightmare-as-hackers-steal-thousands/" target="_blank">Tonight speaking with 2GB's Ross Greenwood</a>, Dani said PEXA had last Friday attempted to “blackmail” her and her husband into accepting a loan after she indicated she'd be taking the story to further media.

Since Dani’s story aired on A Current Affair, PEXA has agreed to pay her and her family the full amount that was stolen.

She told Greenwood it was a terrifying experience, adding that over the past week funds has been progressively recovered amounts including $59,000 this afternoon so that not as much was missing.

“You can’t ever describe it.

“It’s just this sick pit in your stomach, you feel angry and frustrated, disappointed in the system you’ve only put faith in your whole life.

“Most people have worked so hard to get a house deposit in the first place and you just feel your whole life savings ripped from underneath you through no fault of your own.

“What was worrying was that there was no alert to notify our conveyancer there was a new user on his system.”

Richard Smith, founder of specialist insurtech Edmund Cyber Insurance, said real estate agents underestimate the threat of cyber crime.

“The threat to real estate agents is the same as it is for larger businesses, but unfortunately, many of them under-estimate it”, Smith said.

“The concern is that criminals are now directly targeting real estate agents and there are a number of reasons why, including the perception that they are easier to attack, because their security policies are not robust or sophisticated.”

The big four banks, state governments and Macquarie Group are all shareholders in PEXA.

There had been plans for a $1.1 billion sharemarket listing but The Australian Data Room column has suggested the prospect of listing has faded. 

PEXA have said the hacking incident won't affect any mooted plans.

 

 

 

 

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Masterchef's Dani Venn gets funds back after accusing PEXA of blackmail after conveyancing scam

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Paul Wilsher, a Brisbane real estate agent has been disqualified from working in the industry for 10 years by the Brisbane Magistrates Court following an Office of Fair Trading (OFT) investigation.
Paul James Wilsher, director of Spot4Rent, was also fined $15,000 and ordered to pay court costs after he pleaded guilty to misappropriating trust money.
A conviction was recorded. He was ordered to pay the fine and court costs within three months, or will face imprisonment.
He ran the business for six years.
The court heard that between 1 January 2016 and 13 May 2016 Mr Wilsher transferred a total of $14,056.41 from Spot4Rent’s trust account to his personal account for personal expenses.
The OFT appointed receivers over the business in July 2016 and found an $18,375.41 shortfall in the trust account.
Affected consumers were repaid loses via a claim fund administered by the OFT, which Mr Wilsher will be pursued to reimburse.
The court further heard that Mr Wilsher knowingly failed to appoint an auditor and have his trust account properly audited for the financial period 1 October 2015 to 30 September 2016.
In sentencing, the court considered Mr Wilsher’s guilty plea, his personal circumstances and remorse, but said a strong message had to be sent to other real estate professionals.
Fair Trading Executive Director Brian Bauer said Mr Wilsher’s behaviour was disappointing and a stain on the real estate industry.
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Brisbane estate agent disqualified for decade after trust fund misappropriation

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An experienced real estate agent based out of East Melbourne has admitted to a $245,000 fraud, transferring trust money for personal use.
In the end $70,000 was outstanding.
Paul Pfeiffer, the sole director of Melbourne Deluxe Real Estate Pty Ltd, appeared before the Melbourne Magistrates Court on Wednesday, pleading guilty to nine charges, according to Domain news.
Pfeiffer, 46, used money held on behalf of his clients, pending settlement of houses in Balwyn and Camberwell, on eight occasions, the court heard.
The money was transferred into other accounts for his own use, without permission.
Earlier in May, Consumer Affairs Victoria said it had started criminal proceedings in the Magistrates’ Court of Victoria against Melbourne Deluxe Real Estate Pty Ltd  - trading as Melbourne Deluxe Property - and its director and officer in effective control, Paul Wayne Pfeiffer for alleged breaches of the Estate Agents Act 1980.  
“We are alleging that that in April and May 2016 the company misappropriated approximately $245,000 of trust money and fraudulently converted it for its own use, and Pfeiffer knowingly authorised or permitted the company to engage in this conduct,” it said.
Consumer Affairs investigators searched his Collins Street office after a complaint about non-payment of a deposit at settlement.
In a show-cause document tendered to the court, defending why his license should not be suspended, Pfeiffer said he had been going through stressful and life changing events, including the breakdown of his marriage and the loss of his driver’s licence.
But prosecutor Paul Stefanovic said there was blame shifting by Pfeiffer, who on one occasion said it was an “Australia Post issue”.
Stefanovic also read out to the court text messages sent by the agent to a vendor he owed money to.
The agent’s lawyer Zig Zayler said his client had “robbed Peter to pay Paul”, meaning he owed money to another client whose money he’d illegally accessed.
In the end some $70,000 was outstanding.
Zayler applied to have the case heard by a magistrate but the prosecution argued it should be heard in the County Court, which has stronger penalties.
Magistrate Simon Zebrowski referred it to the County Court in October.
"Every day thousands of people sell their houses and businesses and they go through these agents. It’s an enormous breach of trust when an agent does not conduct themselves in a way he or she should,” Magistrate Simon Zebrowski said.
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"Robbing Peter to pay Paul" - Melbourne real estate agent admits to $245,000 fraud

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NSW Fair Trading recently prosecuted a licensed real estate agent from the Northern Beaches for fraudulently accessing trust funds for his own use.
Daniel Nicholson was convicted of three offences under the Property Stock and Business Agents Act and sentenced to nine months imprisonment, to be served by way of an Intensive Correction Order. He was also ordered to pay over $92,000 in reparation costs to his victims.
Mr Nicholson was the sole director of Nicholson Property Group Pty Ltd, trading as Kings Northern Beaches.
NSW Fair Trading Commissioner, Rod Stowe, advised that trust account fraud is a serious offence and warns that Fair Trading will actively pursue any persons that fail to comply with trust account obligations. 
“For most people, real estate is the most significant investment they will ever make.
“Real estate agents should be trusted with considerable amounts of money and those who take advantage of this position will be held accountable,” said Mr Stowe.
Over a period of two years from 10 August 2012 to 14 August 2014, Mr Nicholson took over $92,000 from the Kings Northern Beaches Sales and Rental Trust Accounts.
During Fair Trading’s investigation, Mr Nicholson admitted to stealing the funds, which he used to support his gambling habit. 
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