A landmark former orphanage site in Surrey Hills could be transformed into a new residential community under plans lodged by <a href="https://www.apartments.com.au/developers/antipodean-land-developments">Antipodean Land Developments</a> that would deliver 76 apartments and townhouses while restoring some of the suburb's most significant heritage buildings.

The burgeoninng Melbourne-based developer has submitted plans for the 9,158 sqm site at 1 Kent Road and 24 Durham Road, home to the former St Joseph's Home for Destitute Children, a historic institutional complex dating back to the late 19th century. The proposal seeks to adaptively reuse several heritage buildings while introducing two new four-storey residential buildings set within extensive landscaped grounds.

Designed by <a href="https://www.apartments.com.au/architects/woods-bagot">Woods Bagot</a> and Kerstin Thompson Architects, the project has been conceived as a contemporary residential village embedded within a restored heritage precinct. The development team describes the design approach as "The Village in the Garden," with new buildings positioned among mature landscaping by OCULUS and significant heritage structures.

<img alt="First look: Antipodean Land Developments plans heritage-led apartment community in Surrey Hills" data-entity-type="file" data-entity-uuid="44ec8c1b-c0b6-44ae-859e-5811b3e6a023" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Untitled%20design%20%281%29.png?VersionId=p.p1_KFh4iQoV4nisdnPfQBAsWNi7m79" />

The proposal would deliver 76 dwellings comprising a mix of apartments and duplex-style residences, significantly increasing housing supply on one of the largest privately held residential landholdings in Surrey Hills. The development includes 127 car spaces, 24 bicycle spaces and more than 1,000 sqm of communal amenity, with the existing chapel building earmarked for conversion into resident facilities.

According to the planning submission, the project centres on the restoration and adaptive reuse of the site's most significant heritage assets, including the original c.1889 St Joseph's building, the chapel designed by architect Augustus Andrew Fritsch, and the historic brick perimeter walls and entry gates. The proposal also incorporates the retention of other contributory buildings including the former infirmary and school building.

Tract Consultants, in the planning report accompanying the application, said the scheme had been shaped through extensive heritage analysis and design development.

"The shared vision for the Site by the project team has culminated in a scheme which successfully breathes life back into a historic site while delivering upon the objectives of Victoria's Housing Statement in a carefully curated and contextually responsive manner."

<img alt="First look: Antipodean Land Developments plans heritage-led apartment community in Surrey Hills" data-entity-type="file" data-entity-uuid="7263b7d8-95ea-400f-9531-6ca7d22c3c33" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Untitled%20design%20%282%29.png?VersionId=4cR1tiWOsDpgxEOwZi5vVFcyvvOsYkIE" />

The proposal is being assessed under Victoria's Significant Residential Development with Affordable Housing pathway. As part of the application, three per cent of the project's residential development cost would be contributed to the Social Housing Growth Fund. The development would also provide a diverse mix of one, two and three-bedroom residences targeting a broader range of buyers than typically found in Surrey Hills' detached housing market.

Sustainability initiatives include an anticipated 66 per cent BESS score, natural cross-ventilation to 80 per cent of apartments, 28 per cent deep soil landscaping and a canopy cover outcome exceeding local planning requirements. The proposal also sets aside more than 1,083 sqm for communal indoor and outdoor resident amenity spaces.

<img alt="First look: Antipodean Land Developments plans heritage-led apartment community in Surrey Hills" data-entity-type="file" data-entity-uuid="33fad46f-fe26-4d0a-acfd-6b776e1c6a3d" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Untitled%20design.png?VersionId=D9F6WVSyYCtGvSUmith35LRp6R7PQkw_" />

Planning documents describe the property as one of the largest underutilised residential sites in Surrey Hills, arguing it presents a rare opportunity to introduce "missing middle" housing in an established inner-eastern suburb while preserving and revitalising a significant heritage precinct.

Antipodean Land Developments has built a reputation for design-focused residential projects across Melbourne, particularly in the medium-density sector. Previous developments include Neighbourhood in Brunswick East, delivered with Breathe Architecture, and Balfe Park Lane, designed by Kerstin Thompson Architects.

They've been very active in site acquisition as they build out their future development pipeline. They recently launched Thornubury House, 45 apartments above a mix of commercial, retail, and food and beverage tenancies, and have plans for a boutique project in Fitzroy and another <a href="https://www.apartments.com.au/news/vic/antipodean-plan-apartments-for-deepdenes-missing-middle-on-whitehorse-road">"missing middle" project</a> on Deepdene's Whitehorse Road.

Joel Robinson

First look: Antipodean Land Developments plans heritage-led apartment community in Surrey Hills

Developer <a href="https://www.apartments.com.au/developers/auyin-property-development">Auyin</a> is the latest to turn to the Victorian Government's Development Facilitation Program in an effort to secure approval for its long-planned, mixed-use project in Elsternwick.

In 2018, Auyin lodged plans with Glen Eira City Council for a 14-storey building, however Council approved a reduced eight-storey scheme. A subsequent VCAT appeal in 2019 upheld the eight-storey height limit.

The project was later amended to nine storeys, but Auyin is now seeking to revive something closer to its original vision. The developer argues that the planning context has evolved significantly over the past decade, particularly within the Elsternwick Activity Centre, where higher-density development has increasingly been encouraged along Glen Huntly Road.

The proposal would transform the 1,239 sqm site at <a href="https://www.apartments.com.au/new-apartments/7-12-horne-street-elsternwick-vic-3185">7-15 Horne Street</a>, opposite Elsternwick Railway Station, into a 13-storey residential and retail development designed by CBG Architects, with 40 apartments

The site currently comprises three commercial properties.

<img alt="First look: 13-storey mixed-use tower planned for Elsternwick activity centre" data-entity-type="file" data-entity-uuid="5f465dd4-509b-4082-a669-0253b313914b" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/elsternwick%20podium.png?VersionId=72frWi0SmQ5AVJ3ARRhX5ILUYObhTm7x" />

The proposed apartment mix comprises 25 two-bedroom and 15 three-bedroom residences above 200 sqm of retail space at ground level. Residents would have access to a 90 sqm wellness facility, a 351 sqm communal indoor and outdoor terrace on the third level, and extensive landscaped areas throughout the development. A publicly accessible 135 sqm plaza would be created on the north-east corner of the site, providing seating, landscaping, and a new gathering space adjoining Horne Street.

The design adopts a four-storey podium that references the finer-grain character of the surrounding streetscape, with the upper tower recessed behind generous setbacks on all boundaries.

<img alt="First look: 13-storey mixed-use tower planned for Elsternwick activity centre" data-entity-type="file" data-entity-uuid="e637e763-2abc-4c34-a0aa-5c7ad36fae18" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/elsternwick%20open.png?VersionId=J1AoOpZgTyaF.KeeFSX6lMjEScX8KKRi" />

A key element of the proposal is the reconfiguration and widening of the surrounding laneways. Vehicle access would be retained from Lois Lane, with upgraded pedestrian connections linking Ross Street and Horne Street. The development would provide 58 residential car spaces, two retail car spaces, and 52 bicycle spaces across two basement levels and ground-floor facilities.

Architecturally, the building draws inspiration from the established character of Elsternwick Village. The façade combines dark charcoal brickwork, textured concrete, bronze-toned metal detailing, and extensive planting integrated into podium and tower levels. The design also incorporates a chamfered corner treatment and publicly accessible plaza intended to strengthen pedestrian activity around the station precinct.

Elsternwick's last new development completion was&nbsp;EVA Elsternwick by Pitard late last year. <a href="https://www.apartments.com.au/developers/milieu-property">Milieu</a> is working away on its nature-led neighbourhood, <a href="https://www.apartments.com.au/new-apartments/elsternwick-gardens-by-milieu-8-gordon-street-elsternwick-vic-3185">Elsternwick Gardens</a>, on Gordon Street, with its first stage expected to complete next year.

First look: Auyin seeks mixed-use apartment project in growing Elsternwick Activity Centre

<a href="https://www.apartments.com.au/new-apartments/otium-parkdale-123-125-como-parade-east-parkdale-vic-3195">Otium Parkdale</a>, the 13-residence boutique development by&nbsp;<a href="https://www.apartments.com.au/developers/huxtable-property">Huxtable Property</a>, has entered its final stages of delivery, with completion expected within the coming month and more than half of the residences sold.

The Como Parade East project is nearing the finish line at a time when opportunities to purchase new apartments in <a href="https://www.apartments.com.au/developments/parkdale-vic-3195">Parkdale</a> remain exceptionally limited. Fewer than 10 per cent of dwellings in the bayside suburb are apartments, making developments like Otium a relatively rare addition to a market traditionally dominated by detached housing.

[smartcode_project:default project_id=134974 project_image_fid=5427]

The three-level development comprises 13 residences, including ten two-bedroom apartments and three larger three-bedroom homes, all positioned above a secure basement car park.

Designed by <a href="https://www.apartments.com.au/architects/almeida-architects">Almeida Architects</a> with a strong connection to its coastal surroundings, Otium combines red brick, exposed concrete and dark metal detailing with integrated landscaping and greenery. Expansive glazing, generous balconies and terraces have been incorporated throughout the design to maximise natural light and reinforce indoor-outdoor living.

Inside, the residences feature engineered European oak flooring, natural and reconstituted stone benchtops, Bosch kitchen appliances, ducted heating and cooling, lift access and secure entry systems. The larger three-bedroom residences on the upper level have been designed with house-like proportions, while the two-bedroom apartments prioritise functionality, flexibility and low-maintenance living.

[smartcode_project:default project_id=134974 project_image_fid=5421]

The project is now in its final stages, with <a href="https://www.apartments.com.au/builders/labco">Labco</a> completing the remaining landscaping and external finishing works following the completion of the residences' interiors.

Otium's location within the heart of Parkdale continues to underpin its appeal. Residents will be just steps from local cafés, restaurants, shops and the newly elevated Parkdale Station, while the beach is less than a kilometre away.

With the project tracking ahead of schedule, buyers can currently secure a residence with a five per cent deposit and benefit from settlement terms of up to eight months. The advanced stage of construction also provides buyers with the opportunity to walk through the near-complete residences and experience the quality and finishes firsthand ahead of completion.

[smartcode_project_cta:default project_id=134974]

Otium Parkdale enters final month before completion as rare apartment opportunity nears sellout

A new boutique apartment development is entering the market in <a href="https://www.apartments.com.au/developments/chermside-qld-4032">Chermside</a>, with Brisbane-based developer <a href="https://www.apartments.com.au/developers/ausdev">Ausdev</a> bringing 33 residences to a well-connected pocket of Brisbane's north.

<a href="https://www.apartments.com.au/new-apartments/parkdrive-apartments-chermside-25-sammells-drive-chermside-qld-4032">Parkdrive Apartments</a>, at 25 Sammells Drive, will comprise a mix of one- and two-bedroom residences positioned within walking distance of Westfield Chermside, The Prince Charles Hospital, and Bradbury Park.

Established in 1989, Ausdev has a long-standing presence across both development and construction, with Parkdrive Apartments representing its latest residential project in Brisbane's northern suburbs.

[smartcode_project:default project_id=152125 project_image_fid=363778]

The development has been designed around open-plan living and natural light, with residences featuring stone benchtops, timber cabinetry, BOSCH appliances, and private balconies that extend the living areas outdoors.

Kitchens are positioned as the centrepiece of the homes, incorporating natural material palettes and integrated appliances, while bathrooms have been designed with a focus on functionality and understated finishes.

Residents will have access to a communal barbecue and entertaining area on Level 3, providing shared outdoor space within the development. Secure parking and lift access are also incorporated into the building.

The project will deliver a limited collection of 33 apartments, with one-bedroom residences priced from $749,000.

[smartcode_project:default project_id=152125 project_image_fid=363782]

Beyond the building itself, the location places residents within easy reach of several of Chermside's key amenities. Bradbury Park is around 350 metres away, while Westfield Chermside is approximately 1.3 kilometres from the site. The Prince Charles Hospital is located within 750 metres, and the Chermside Bus Interchange is around 1.5 kilometres away, providing connections across Brisbane.

Parkdrive Apartments adds to the growing residential pipeline in Chermside, a suburb that continues to evolve as a major retail, healthcare, and transport hub for Brisbane's north.

[smartcode_project_cta:default project_id=152125]

Ausdev introduces boutique Parkdrive Apartments to Chermside's growing centre

<a href="https://www.apartments.com.au/developers/skymark-group">Skymark</a>'s boutique Cronulla development Solis has secured a 10-year Latent Defects Insurance policy through Resilience Insurance, providing buyers of the 16-residence building on Ewos Parade with structural and waterproofing protection that extends a decade beyond the building's completion.

Currently under construction and due for completion in late 2027, <a href="https://www.apartments.com.au/new-apartments/solis-cronulla-8-ewos-parade-cronulla-nsw-2230">Solis</a> is one of a small number of new developments in the Sutherland Shire to carry Resilience LDI coverage, a distinction that carries increasing weight as buyer confidence in the off-the-plan sector continues to be shaped by how developers stand behind their product.

Latent Defects Insurance, which entered the Australian market in 2022 when Resilience Insurance was approved to offer the cover, protects buyers against major structural or waterproofing defects for ten years post-completion. Unlike traditional statutory warranties, it operates as a first-resort policy, if a covered defect arises, the insurer responds directly, without the buyer needing to pursue the builder or developer through a lengthy claims process.

Resilience Insurance CEO Corey Nugent has noted that the product addresses something fundamental to the new apartment market.

"The overarching feedback from prospective buyers in the new development space is that they want more confidence and assurances around the quality of the build," Nugent says.

"Resilience Insurance Latent Defects Insurance not only gives them complete peace of mind for 10 years, but it shows the developer they are buying from is standing by their product."

[smartcode_project:default project_id=150499 project_image_fid=370898]

For Solis, the Resilience LDI policy adds a meaningful layer of accountability to an already considered project. The development comprises nine two-bedroom and seven three-bedroom residences, including one dual-level three-bedroom apartment, across a five-storey building on Ewos Parade, positioned between Shelly Beach and South Cronulla.

Garden apartments connect directly to private landscaped courtyards, while upper-level homes capture beach views to the east from level four and above.&nbsp;

All 16 residences include at least one balcony or courtyard, and select apartments on the upper floors feature bar areas and secondary flexible living spaces.

Hiba Sander, Managing Director of Skymark, says Solis offers a rare balance, nestled between the quiet beauty of secluded beaches and the lively charm of South Cronulla's esplanade.

"It's a place to choose your pace and live gracefully, seaside'," Sander says.

[smartcode_project:default project_id=150499 project_image_fid=370900]

The architecture, designed by <a href="https://www.apartments.com.au/architects/ida-design-group">IDA Design Group</a>'s Michael Trinh, draws from the natural erosion patterns of <a href="https://www.apartments.com.au/developments/cronulla-nsw-2230">Cronulla</a>'s sandstone headlands, translating the organic forms of the coastline into soft curves, pavilion-style massing, and a material palette chosen for longevity in a salt-tinged environment.&nbsp;

Textured natural stone, soft renders, and timber-look battens reference the tones of the surrounding cliffs, while the building has been oriented to maximise natural light and passive ventilation, with primary living spaces facing north and east to capture morning sun and sea breezes.

"At Solis, our aim was to create architecture that feels quietly confident, grounded in natural materials like stone and timber, and elevated by light and landscape," Trinh says.&nbsp;

"The buildings are designed to sit gently within their coastal surrounds, with expansive glazing and abundant greenery creating a seamless dialogue between inside and out."

[smartcode_project:default project_id=150499 project_image_fid=370897]

Interiors by <a href="https://www.apartments.com.au/architects/hot-black">Hot Black</a> carry the same material language through to every room. Kitchens feature integrated Gaggenau appliances, sculpted stone benchtops, and Lo &amp; Co joinery, while bathrooms feature natural stone, timber, and brushed metal finishes.&nbsp;

Hot Black Founder and Design Director Sophie Safrin describes the intent as one of considered restraint: "At Solis, every detail has been thoughtfully considered to create a timeless coastal retreat, calm, refined, and effortlessly liveable. From natural finishes to seamless indoor-outdoor flow, Solis offers a quiet elegance that's deeply connected to its surroundings.

The landscape, designed by Julian Brady of <a href="https://www.apartments.com.au/landscape-architect/sitedesignstudios">Site Design Studios</a>, treats green space as an integral part of the resident experience rather than an afterthought.&nbsp;

"Gentle curves and layered native plantings mirror the ebb and flow of the ocean," Julian Brady says, "creating a serene connection between architecture and place."&nbsp;

Coco Republic has provided bespoke furniture packages tailored to the project's coastal palette.

[smartcode_project:default project_id=150499 project_image_fid=370899]

Skymark has an established track record in the Sutherland Shire, with a portfolio spanning Cronulla, Woolooware and Burraneer that includes Isla, Sylva, Bask, Shells, Sula and Mist. Securing LDI on Solis reflects a broader shift in how the developer is positioning its buildings to buyers, at a time when Resilience Insurance expects the policy to become mandatory in New South Wales by 2028.

Sales at Solis are launching soon through Ray White Projects, with an official event scheduled for 11 June. Enquire for more information.

[smartcode_project_cta:default project_id=150499]

Skymark takes out 10-year Resilience Insurance LDI at Solis Cronulla

Reiv

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<div>Ray White Group’s Brett Diston has been announced as Commercial Salesperson of the Year 2018 for the fifth time at the Real Estate Institute of Victoria (REIV) Awards for Excellence.</div>
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<div>The awards showcase the best of the property industry as well as leading real estate agency practices and professionals.</div>
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<div>As Director of the Ray White Commercial Nunawading office in Victoria, Mr Diston (pictured) oversaw 79 transactions in the 2017/18 financial year.</div>
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<div>Ray White Commercial’s Head of Agency Operations Michael McCullagh said Mr Diston is an inspiration and he was delighted his hard work had been recognised again.</div>
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<div>“To be named Salesperson of the Year once is a real achievement, but the fact this is the fifth time for Brett, it’s a true testament to how much effort he puts in on a daily basis,” Mr McCullagh said.</div>
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<div>Mr Diston said it was an honour to take home the prestigious award for the fifth time in the last six years.</div>
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<div>“I’m proud to be named REIV’s Commercial Sales Person of the Year for a fifth time, but I can’t take all of the credit, I’m humbled to have such a great Ray White Commercial team around me,” he said.</div>
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<div>REIV President Robyn Waters congratulated Mr Diston for winning the award.</div>
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<div>“The Real Estate Institute of Victoria has a strong focus on excellence and we believe that these high standards, which make the difference in our real estate industry, should be acknowledged and celebrated,” Ms Waters said.</div>
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<div>“Brett took out the Commercial Salesperson of the Year Award which is a remarkable achievement in this competitive environment. Brett should be extremely proud of winning this coveted category.''</div>
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Ray White director wins REIV Commercial Salesperson of the Year

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The Real Estate Institute of Victoria (REIV) has elected Robyn Waters as President for 2018-19.
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Waters was the first Australian woman to be appointed World President of the International Real Estate Federation in 2014. 
She is the third female president at the REIV after Di Baker, who took over for two years in 1987, and Valda Walsh, who held the position from 2000 to 200.
Waters served on the REIV Board as Senior Vice President in 2017-18 and Director from 2001 to 2006 as well as being a ministerial appointment to the Estate Agents Council from 2015 to 2018. 
She is a licensed estate agent who operates as a sole trader providing real estate services to a select portfolio of clients. 
She is a fellow of the REIA and Royal Institution of Chartered Surveyors.
“I am delighted to be appointed as the third female REIV President since 1936 at this crucial time for Victoria’s real estate industry,” Waters said. 
“I was born and raised in a real estate family in the northern suburbs of Melbourne and witnessed the industry’s evolution since the early 1980s. 
“Through my work with the International Real Estate Federation, I have learnt that the real estate industry is intrinsically linked to the livability and prosperity of our community and has a major role to play in shaping our future.” 
“I look forward to working with our members, legislators, interest groups and stakeholders to elevate the role of the REIV to provide further insight and perspective on policy and issues that will mold our communities and enhance the way we live."
 
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jrobinson-rf4aSBido9

REIV elect Robyn Waters as third female president in 82 years

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GUEST OBSERVER
The Victorian Parliament’s Legislative Council will consider the Residential Tenancies Amendment Bill (RTA Bill) this week, the second last sitting week before the caretaker period ahead of the Victorian Election in November. 
The REIV has worked closely with all political parties to help shape the best possible legislative outcome. 
The Residential Tenancies Act was enacted in 1997: no one is questioning the need for an update to rental laws.
When the Premier announced the RTA Bill, he said it’s purpose was to ‘fix the system and make renting fair for all Victorians’ but the legislation, in its current form, is certainly not fair for investors, property owners and landlords. 
The RTA will deliver an unfair, unworkable and impractical system which would rob landlords of their right to consent to what goes on in their properties, burden them with unrealistic expenses to upgrade appliances and could mean they are not paid their rental on time for four out of every 12 months without any recourse.
The REIV requires the following amendments to the Bill: 
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Retaining the current system around rental arrears enabling VCAT to make a call in the manner they do now based on evidence and circumstances;
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Landlords must be able to consent to pets and there must be provision for pet bonds; 
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Property owners must be allowed to consent to property modifications and urgent repairs;
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<li>Retention of the 120 day ‘No Reason’ notice to vacate; and 
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<li>A realistic staggered upgrade (five years) of appliances and an incentive scheme.</li>
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The REIV has written to its members this week, asking them to contact Members of Parliament to explain how the RTA is simply unworkable.
It is in everyone’s interests – renters, investors, agents and government – that we have a system that is fair, balanced and practical.
These proposed changes could have a significant impact on an already constricted rental market: vacancy rates are at record lows, there is declining levels of rental stock coming on to the market and interest rates are rising for the first time in two years.
If the Government makes it too hard then landlords will consider removing properties from the rental market, rents are likely to rise and property owners will be forced to minimse their risk by offering shorter tenancies.
The REIV has advocated strongly against the ‘Rent Fair’ legislation, on behalf of its 5000 members and their landlord clients. The online ‘Rent Fair is Unfair’ petition has 27,000 signatures.
Richard Simpson is the President of the REIV.
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REIV calls for a fair go on rental laws before Parliament this week

<html><body>New REIV data reveals that price growth continued in regional Victoria, but not in Melbourne during the three months ended 30 June 2018. While median house prices in the state’s regions rose four per cent to $419,500, they dipped by 0.6 per cent to $840,000 in the Melbourne metro area. The result in Melbourne was due to a fall of 0.8 per cent in median prices achieved at auction, according to the REIV, defying the median lift of 2.3 per cent in private sales of houses. The correction was apparent in Inner Melbourne, where the overall median house price dropped 4.9 per cent to $1,459,000 and in Middle Melbourne, which fell 5.4 per cent to $974,500. The Outer Melbourne house median edged up by 0.5 per cent to $681,000. Unit and apartment median price in regional Victoria increased by 3.7 per cent to $304,500, while the metro median was up by 0.5 per cent to $604,000, indicating a continued interest in smaller properties. REIV President Richard Simpson said that despite lower auction clearance rates and fewer overall sales, there were some sectors of the market that were still performing well. “2017 was a bumper year and while the trendline has flattened, despite the fall in median house prices in the June quarter, median prices are still up this calendar year for both houses and units, in Melbourne and in the regions,” Mr Simpson said. “There was continued growth last quarter outside Melbourne, and not just in, or near, our major regional centres of Geelong, Ballarat and Bendigo. “The best performing regional suburbs over the past three months were Wonthaggi, on the Bass Coast, where the median house price jumped 14.9 per cent to $309,000; Kyneton, in the Macedon Ranges, with a 10.7 per cent rise to $570,000; and Wallan, in Mitchell Shire, where the median increased by 10.5 per cent in the quarter to $484,000. “The first-home buyers’ concession has been a boon for regional areas. A new entrant to the property market buying a house at the regional median will pay no stamp duty, while a first home buyer of an apartment in Melbourne at the median price would pay stamp duty of nearly $25,000. “Whether for reasons of housing price or a change in lifestyle, more prospective buyers are willing to look to regional Victoria to purchase. The possibilities of better transport connections with Melbourne make that option even more palatable. “Melbourne's outer perimeter continues to grow. Small increases in the June quarter mean that the median prices for both houses and units have risen over 10.5 per cent from a year ago. “Auctions continue to be popular all over Melbourne, but clearance rates have fallen from the lofty highs of early 2017,” Mr Simpson said. </body></html>

House price growth continued in regional Victoria, but not in Melbourne: REIV

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The Victorian government has stepped in to protect real estate agent commission payments after agents were using non-compliant contracts sold by the Real Estate Institute of Victoria (REIV) that had been approved by Consumer Affairs Victoria.
The faulty contracts were Exclusive Sales Agreement (ESA), legally binding documents that give an agent the right to sell a vendor's home and be paid for their services. 
The Victorian government said it would amend the Estate Agents Act 1980 to "protect agent commissions after contracts with incomplete rebate statements were used".
Amendments will be introduced into the Victorian Parliament after <a href="http://www.afr.com/real-estate/residential/vic/estate-agents-commissions-under-threat-after-real-estate-institute-of-victoria-blunder-20180511-h0zyb6">a Ray White St Albans agent was ruled ineligible for commission</a> on a land sale because the County Court ruled the ESA form was non-compliant.
In April, Victoria's Court of Appeal upheld the initial 2017 County Court ruling that denied the Ray White agent his commission.
There has been another case yet to be heard where a vendor, Marika Sutherland, seeks a ruling preventing agents Globe Real Estate from collecting an $82,000 commission on the 2017 sale of her Beaumaris home.
Despite speculation of a likely flood of claims against both the REIV and CAV, the situation has not escalated but no agent who used these forms will be penalised because of an error in the paperwork, said Minister for Consumer Affairs Marlene Kairouz.
"We're fixing this problem, giving agents who acted in good faith reassurance their commissions will be protected by law," she added.
The changes would not apply to disputes over commissions already dealt with by the court.
The property law expert Robert Hay, QC, warned there was no legal defence for those agents who are challenged over commissions.
"As it stands, there's not much they can do. There could be lots of innocent agents, who could be disgorged of their commissions,'' he told Fairfax Media.
Lawyers acting for Sutherland will seek $138,500 – the 10% deposit paid on the $1,385,000 sale of her home at 37 Oak Street, Beaumaris, in February 2017 – from Globe Real Estate, plus interest and legal costs.
The deposit, of which $81,616 is due to be paid out in commission, remains held in the trust account of Globe Real Estate's lawyers Marsh &amp; Maher following a dispute over payment. The property settled in April last year.
In August, Sutherland's solicitor Bill Gioutlou filed a motion in the Supreme Court seeking a declaration that the ESA form used by Globe Real Estate did not comply with section 49A of the Estate Agents Act of 1980 and because of this, Globe Real Estate is "not entitled to retain any commission or money ... in respect of the sale of the property". 
Bentleigh-based Globe Real Estate, which is owned by Yufang "Kiki" Jiang, opposes the motion.
In October last year, Globe Real Estate joined the REIV as a third party to the proceedings alleging the REIV was ultimately responsible for any non-compliance.
This would entitle Globe Real Estate to claim from the REIV relief, including any costs, losses or damages that arise out of the legal proceedings.
It is understood the REIV, which in its filed defence denies any negligence in providing the ESA form and notes it was approved by Consumer Affairs Victoria, lobbied the state government to retrospectively amend real estate laws.
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Victorian government steps in to protect agent commissions from non-compliant contracts

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Craigieburn is the busiest Melbourne suburb on the Queens Birthday long weekend.
A clearance rate of 62 per cent was recorded this week compared to 63 per cent last week and 77 per cent this week last year. There were 975 auctions reported to the REIV, with 606 selling and 369 being passed in, 191 of those on a vendor bid.
 
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/6/8/REIV%202.jpg" alt="">
 
The REIV collected 95% of auction results last week with a total of 1052 results including 48 withdrawn and 29 postponed.
 <img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/6/8/REIV%201.jpg" alt="">
One upcoming auction in Cragieburn on Saturday is a three bedroom house with an indicative selling price ranging between $470,000 to $510,000 (pictured below).
<a href="https://www.realestate.com.au/property-house-vic-craigieburn-128408738" target="_blank">Located at 25 Yarcombe Crescent</a>, it comes with three bedrooms, separate lounge, kitchen with adjoining meals area and double garage.
The house situated on a 600 sqm land is within walking distance to local bus stops, train station, schools and shops.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/6/8/craigieburn%201.jpg" alt="">
Another Waterview Boulevard four bedroom house also has been scheduled for auction on June 9 with the indicative selling price ranging between $780,000 to $840,000 (pictured below).
<a href="https://www.realestate.com.au/property-house-vic-craigieburn-128345446" target="_blank">The 113 Waterview Boulevard</a> home features ducted heating, garden shed evaporative cooling, video intercom, and double garage.
The ground level consist of a master bedroom with WIR, study, and a kitchen with family size bench spaces.
Upstairs offers a kids retreat area with three good sized bedrooms, and a central bathroom.
It is just minutes from schools, parks, transport and Craigieburn Central.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/6/8/craigiburn%202.jpg" alt="">
 
 
 
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Craigieburn ranks as busiest long weekend auction locality in Victoria: REIV

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Lawyers acting for Victorian vendors have successfully argued in the County Court that an estate agent was not entitled to the commission payment because the Exclusive Sales Authority (ESA) form used "did not comply" with the Estate Agents Act.
In August 2017 the County Court of Victoria found that a Consumer Affairs approved rebate statement did not comply with the Act as it did not contain each and every word of the prescribed warning.  Last month, a year later, the Supreme Court of Victoria – Court of Appeal upheld the decision of the County Court of Victoria.
<div>
The case involved a Ray White St Albans agent who had unsuccessfully sued the vendors for a $385,000 commission payment following the $8.8 million sale in 2016 of a six-hectare industrial site at 382 Greens Road in Keysborough.
<div>
The ruling opens the possibility of claims by unhappy vendors against estate agents who used a non-compliant ESA form which were supplied by the Real Estate Institute of Victoria (REIV) where the commission has yet to be paid.
<div>
The industry body, which represents around 5000 estate agents in Victoria, sold the ESA forms as a legally binding vendor contract giving the agent the authority to sell a vendor's home and be paid commission and any other outgoings including marketing and advertising costs.
Two versions of the contract were available for agents to buy from the REIV. The longer version with the full wording of the rebate statement as stated in section 49A of the act, whereas the shorter version did not.
The REIV's ESA form included an altered statement on rebates that was approved by state's consumer watchdog, but it was different from the exact wording of the Estate Agents Act
The form, which was amended around six years ago, did not comply with section 49A of the Act.
The issue erupted last week on the Lexology website where lawyers at <a href="https://www.lexology.com/library/detail.aspx?g=cd8c102a-e9eb-4b79-8cf7-f787a5084ed9" target="_blank">Logie-Smith Lanyon</a> noted it was "now incumbent upon the Victorian Parliament to immediately provide a legislative solution to rectify an obvious administrative error in the Consumer Affairs forms."
They noted while a legislative solution had been mooted, it is yet to be put before the Victorian Parliament.
</div>
<div>
The REIV chief executive Gil King said in a statement provided to Fairfax Media that "upon being made aware of the issue late last year, the REIV took immediate steps to ensure all authorities were compliant."
"At this stage, the extent of the issue is not clear," Mr King noted. 
</div>
It has emerged there is one case where Amy Sheggerud-Woods, a partner at Marsh &amp; Maher Lawyers, is acting for an estate agent in proceedings involving the agent's entitlement to commission.
"Not only will the Supreme Court decision have far-reaching consequences for real estate agents who have used the Exclusive Sales Authority forms, but also for vendors, for the REIV (which has supplied the forms to real estate agents), and perhaps for Consumer Affairs Victoria (which approved the short form rebate statement)," <a href="https://www.linkedin.com/pulse/real-estate-agents-commission-risk-victoria-amy-sheggerud-woods/" target="_blank">Ms Sheggerud-Woods wrote on LinkedIn last month.</a>
In the Keysborough case Augustin Pty Ltd (the Respondent) owned the property at 382 Greens Road, Keysborough and in signing an exclusive sale authority, engaged Advisory Services Pty Ltd (trading as Ray White St Albans) (Applicant) for the sale of the property.
The Respondent sold the property however the purchaser defaulted under the contract.
The Respondent then engaged another agency to assist in selling the property once more, which the applicant claimed was during the period of the exclusive sale authority.
A dispute arose and the applicant sued the respondent for commission on both sales, totalling $385,000.
Lawyers ML&amp; K Legal facebooked in early May that <a href="https://www.propertyobserver.com.au/http://classic.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSCA/2018/95?stem=0&amp;synonyms=0&amp;query=st%20albans" target="_blank">the judgement</a> was "a must read for real estate agents!"
The Ray White estate agency was represented by R Hay QC briefed by Alderuccio Solicitors while the property owner engaged I W Upjohn briefed by Webb Korfiatis.
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Commissions at risk after REIV estate agent commission form bungle 

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A record number of sales under the hammer has delivered Melbourne’s strongest property market in seven years, despite modest growth in median prices in the last three months of 2017.  
New REIV data shows house prices in metropolitan Melbourne rose for the seventh consecutive quarter in December, up 1.1 per cent to a median of $821,000. This increase boosted the city’s annual price growth to 13.2 per cent for 2017 – the highest since 2010.  
REIV President Richard Simpson said price growth in 2017 was undoubtedly bolstered by a buoyant auction market with more than 25 auction records broken.
“While price growth slowed in the December quarter due to increased supply and reduced investor activity, 2017 was a record-breaking year for Melbourne’s property market,” he said. 
“High levels of interstate and overseas migration, new Government initiatives for first homebuyers and record low interest rates have contributed to significant double-digit price growth last year.” 
TOP GROWTH SUBURBS – DECEMBER QUARTER
<table class="t1" cellspacing="0" cellpadding="0"><tbody>
<tr>
<td class="td1" valign="bottom">
 
</td>
<td class="td2" valign="middle">
Suburb
</td>
<td class="td3" valign="middle">
Dec-17 Median
</td>
<td class="td4" valign="middle">
Sep-17 Median
</td>
<td class="td5" valign="middle">
Quarterly Change
</td>
</tr>
<tr>
<td class="td6" valign="bottom">
1
</td>
<td class="td7" valign="bottom">
TOORAK
</td>
<td class="td8" valign="middle">
$4,600,000
</td>
<td class="td9" valign="middle">
$3,210,000
</td>
<td class="td10" valign="middle">
43.3%
</td>
</tr>
<tr>
<td class="td11" valign="bottom">
2
</td>
<td class="td12" valign="bottom">
SOUTH YARRA
</td>
<td class="td13" valign="middle">
$2,280,500
</td>
<td class="td14" valign="middle">
$1,799,500
</td>
<td class="td15" valign="middle">
26.7%
</td>
</tr>
<tr>
<td class="td11" valign="bottom">
3
</td>
<td class="td12" valign="bottom">
MENTONE
</td>
<td class="td13" valign="middle">
$1,200,000
</td>
<td class="td14" valign="middle">
$1,002,500
</td>
<td class="td15" valign="middle">
19.7%
</td>
</tr>
<tr>
<td class="td6" valign="bottom">
4
</td>
<td class="td7" valign="bottom">
SURREY HILLS
</td>
<td class="td8" valign="middle">
$2,285,000
</td>
<td class="td9" valign="middle">
$1,930,000
</td>
<td class="td10" valign="middle">
18.4%
</td>
</tr>
<tr>
<td class="td11" valign="bottom">
5
</td>
<td class="td12" valign="bottom">
ESSENDON
</td>
<td class="td13" valign="middle">
$1,715,000
</td>
<td class="td14" valign="middle">
$1,450,000
</td>
<td class="td15" valign="middle">
18.3%
</td>
</tr>
<tr>
<td class="td11" valign="bottom">
6
</td>
<td class="td12" valign="bottom">
HAWTHORN
</td>
<td class="td13" valign="middle">
$2,718,000
</td>
<td class="td14" valign="middle">
$2,300,000
</td>
<td class="td15" valign="middle">
18.2%
</td>
</tr>
<tr>
<td class="td6" valign="bottom">
7
</td>
<td class="td7" valign="bottom">
MALVERN
</td>
<td class="td8" valign="middle">
$2,370,000
</td>
<td class="td9" valign="middle">
$2,014,000
</td>
<td class="td10" valign="middle">
17.7%
</td>
</tr>
<tr>
<td class="td11" valign="bottom">
8
</td>
<td class="td12" valign="bottom">
KEYSBOROUGH
</td>
<td class="td13" valign="middle">
$885,000
</td>
<td class="td14" valign="middle">
$760,500
</td>
<td class="td15" valign="middle">
16.4%
</td>
</tr>
<tr>
<td class="td11" valign="bottom">
9
</td>
<td class="td12" valign="bottom">
CANTERBURY
</td>
<td class="td13" valign="middle">
$3,300,000
</td>
<td class="td14" valign="middle">
$2,875,000
</td>
<td class="td15" valign="middle">
14.8%
</td>
</tr>
<tr>
<td class="td6" valign="bottom">
10
</td>
<td class="td7" valign="bottom">
 ROSEBUD
</td>
<td class="td8" valign="middle">
$624,000
</td>
<td class="td9" valign="middle">
$552,000
</td>
<td class="td10" valign="middle">
13.0%
</td>
</tr>
</tbody></table>
Top performing suburbs in the December quarter were almost exclusively located at the premium end of the market and included Toorak, South Yarra, Surrey Hills and Canterbury.  
“Demand for houses in the city’s most exclusive suburbs continues to outstrip supply, with increased competition delivering exceptional results for vendors in these areas.”    
The affordable end of the market also performed well in December with the median house price in the outer suburbs increasing 2.4 per cent over the quarter to $666,500.
“Increased participation from owner-occupiers is driving values in the city’s outer suburbs, with these areas offering buyers the ideal combination of affordability and space.”
“Strong price growth over the past year has meant that houses within 20km of the CBD are almost out of reach for many first homebuyers. These buyers are now looking for new entry points to the market, especially in established suburbs with infrastructure, amenities and services.”
Melbourne’s apartment market rebounded in December with the citywide median price increasing 1.2 per cent to $594,500.
Simpson added that regional Victoria had also experienced its strongest property market in recent years with house prices up 2.6 per cent in the December quarter to a record high $396,500 – an annual increase of 10 per cent on the same period last year. 
“Regional cities and towns within commuting distance of the CBD have certainly benefitted from strong price growth in Melbourne with a number of these areas now recording median house prices higher than those in the outer ring.” 
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Melbourne market records highest annual growth in seven years: REIV

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Just 220 auctions are scheduled for this weekend in Melbourne, according to the REIV.
Craigieburn is the busiest location with seven auctions.
Its offering include a <a href="https://www.realestate.com.au/property-house-vic-craigieburn-126608662" target="_blank">four bedroom house</a> (above) with $500,000 to $550,000 hopes.
A clearance rate of 73 per cent was recorded last weekend compared to 74 per cent prior weekend and 78 per cent this weekend last year. 
There were 1,788 auctions reported to the REIV, with 1,300 selling and 488 being passed in, 226 of those on a vendor bid.
The REIV collected 95% of auction results last week with a total of 1,860 results including 43 withdrawn and 29 postponed.
 
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Craigieburn tops subdued Melbourne auction weekend

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The Real Estate Institute of Victoria has announced that Richard Simpson has been elected president for 2017-18.
Simpson, a partner in the family business W.B Simpson &amp; Son in North Melbourne, has been heavily involved with the REIV over many years, serving as Senior Vice President on the previous Board.
He has also provided extensive input to a number of Institute committees, serving as Commercial &amp; Industrial Chapter Chair for three years and Members Council Chair for two years.
Both his father and grandfather are former presidents of the REIV.
Prior to entering real estate, Simpson was a Chartered Accountant with KPMG where he specialised in the banking, finance and property development sectors.
He holds a Bachelor of Commerce from Melbourne University as well as a Bachelor of Business (Property) from RMIT, where he majored in property valuations.
He said it was an honor to lead the Institute through what is an undoubtedly challenging period for the industry.
“Victoria is currently in the midst of the largest review of property legislation in the state’s history, with significant reform of the Residential Tenancies Act currently proposed.”
“It has never been more important for the views of our members to be heard at the highest levels of Government.”
His predecessor was Joseph Walton and before him Geoff White.
 
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