S&amp;S Projects is boosting its investment at Rainbow Bay to more than $1 billion after the prolific Gold Coast developer acquired a new site for $20.25 million and immediately laid plans for a new luxury apartment project in the sought-after precinct.

The site, which is the company’s fifth acquisition at Rainbow Bay in the past four years, will be home to the company’s largest project to date after delivering 3 sold-out projects and construction progresses on Radia worth a combined $215m. 
S&amp;S Projects is currently finalising plans for its latest strategic acquisition, a 1,518 sqm site located 209-213 Boundary Street in Coolangatta, with a development application expected to be lodged within weeks.

The luxury residential development will build on the company’s highly successful projects at Rainbow Bay, comprising Flow, Awaken, Esprit and Radia, with Radia currently under construction by Hutchinson Builders.

“We have been unflinching in our commitment to Rainbow Bay and the transformation we have helped drive in this incredible part of the Gold Coast, which is among the city’s most desirable residential locations,” said S&amp;S Projects founder and director Paul Gedoun.

“Our fifth project will reflect the best of what we have done so far to create a lifestyle precinct that is second to none.”

The latest development, which has yet to be named, is proposed to accommodate 88 luxury apartments in a design that will immerse residents in a unique wellness lifestyle that expands on the legacy of S&amp;S Project’s earlier developments at Rainbow Bay.

The development will feature an expansive rooftop garden and wellness centre with a resort- style pool, among a host of lifestyle amenities planned for residents.

“Rainbow Bay, with its beautiful, protected beach and alongside one of the world’s best surf breaks at Snapper Rocks, is the natural wellness heartland of the Gold Coast,” said Gedoun.

“We are taking every advantage to create a truly unique rooftop wellness experience with a natural feel for residents, offering stone features throughout and an underlying theme that emulates a botanical garden.”

The latest acquisition comes as S&amp;S Projects is at the completion of Esprit and construction continues on Radia, which are part of their significant portfolio undertaken by the company at Rainbow Bay since 2022.

The $215 million Radia, which comprises 38 apartments, is currently the flagship development by S&amp;S Projects at Rainbow Bay which is expected to be completed in 2027.

Jayde Pezet, of Pezet Matheson, which has managed sales and marketing for S&amp;S Projects across their Gold Coast portfolio, emphasised the developer’s commitment to continuous improvement and excellence.

“S&amp;S Projects continue to elevate the benchmark of luxury with each development," Pezet said.

“We have worked with S&amp;amp;S on their 4 other projects in Rainbow Bay and their approach reflects a team that is constantly learning, refining, and pushing the standard higher.

“Their hyper-local knowledge and deep expertise within the luxury property sector are what truly set them apart, allowing them to deliver projects that feel both globally sophisticated and authentically connected to their coastal environment”

S&amp;S Projects plans to officially launch its latest project at Rainbow Bay in the second half of this year.

“As we embark on our largest project yet, we have pulled out all stops to create another landmark development that truly reflects the relaxed southern Gold Coast lifestyle,” Gedoun added.

Joel Robinson

S&S buys $20m Rainbow Bay site for fifth beachside apartment project

Japandi, an emerging design trend that combines Scandinavian functionality with Japanese rustic minimalism, remains relatively untested in Australia’s residential development market.

As developers look to differentiate their projects and offer something distinct to buyers, Brisbane-based developer Lantona has embraced the hybrid style for its recently launched Toowong apartment project, <a href="https://www.apartments.com.au/new-apartments/koya-residences-6-josling-street-toowong-qld-4066">Koya Residences</a>, with early response to the design proving positive.

Lantona entrusted Red Door Architecture and interiors practice Luma Design Co with delivering the Japandi brief. The approach blends Japanese minimalism with Scandinavian functionality, emphasising warm, restrained interiors, natural materials and clean lines. Drawing on the Japanese concept of wabi-sabi (beauty in imperfection) and the Scandinavian principle of hygge (comfort and cosiness), it creates serene, uncluttered and sustainable living environments.

These design principles are expressed throughout the Josling Street development, both in its exterior form and across the 40 one-, two- and three-bedroom residences within.

[smartcode_project:default project_id=150787 project_image_fid=366229]

Koya reflects a deliberately scaled approach, with the five-storey form designed to align with the surrounding residential streetscape rather than dominate it.

“Koya is conceived as a building that sits comfortably within its surroundings. Every decision, from material selection to spatial planning, has been guided by long-term liveability and enduring relevance,” the developer said.

[smartcode_project:default project_id=150787 project_image_fid=366243]

Positioned within an established inner-west neighbourhood, the development sits near riverfront parklands and the Bicentennial Bikeway, while remaining within walking distance of Toowong Village and multiple public transport options connecting to the CBD, St Lucia and West End.

Lantona said the location was central to the project’s conception, pointing to Toowong’s balance of green space, transport access and proximity to major education institutions.

“<a href="https://www.apartments.com.au/developments/toowong-qld-4066">Toowong</a> combines river access, walkability, immediate CBD connection and a strong educational presence. That balance made it the obvious setting for Koya.”

[smartcode_project:default project_id=150787 project_image_fid=366230]

Communal amenity is concentrated on the rooftop, where a shared retreat will include a pool, dining areas and outdoor spaces oriented towards neighbourhood and city views. The design allows for both private use and small gatherings, extending the living environment beyond individual apartments.

Koya enters the market at a time when smaller-scale developments are becoming less common in established suburbs, with many recent projects in the suburb shooting for the sky.

In a nod of confidence,&nbsp;<a href="https://www.apartments.com.au/builders/brisbane-builders">Brisbane Builders</a>&nbsp;has already commenced construction on the building, which is slated for completion in early 2027. Keenan &amp; Byrne is marketing Koya.

[smartcode_project_cta:default project_id=150787]

Japandi-inspired Koya Residences launch in Toowong

<section data-scroll-anchor="false" data-testid="conversation-turn-6" data-turn="assistant" data-turn-id="request-WEB:ca872054-bfe3-4cc5-a2c8-b373d4dfeafb-2" dir="auto">
A completed Castle Hill apartment development is returning to market with an uncommon level of financial backing, positioning it as one of the more secure options for buyers in Sydney’s north-west.

Skyview in Castle Hill, originally developed by Top Place and now overseen by capital partner <a href="https://www.apartments.com.au/developers/equitifund-group">Equitifund</a>, is being relaunched following a full remediation process. Central to its repositioning is a substantial financial reserve designed to provide ongoing protection and reduce uncertainty for incoming purchasers.

At the core of this offering is an $11 million bond secured during the project’s remediation phase, negotiated by former NSW Building Commissioner David Chandler. With less than $4 million required to complete the works, approximately $7.2 million remains in reserve, with around 15 years left on the term.

[smartcode_project:default project_id=147685 project_image_fid=359134]

Rather than a typical insurance-backed structure, the remaining funds are held as cash, creating a readily accessible financial buffer should any future building issues arise. The structure is intended to provide buyers with an added layer of certainty, differentiating the development from more conventional apartment offerings.

Equitifund Executive Chairman Greg Huxley said the structure provides a level of security not typically seen in apartment developments.

“The $11 million bond established for the Skyview Castle Hill development represents exceptional value, providing genuine financial security for purchasers,” Huxley said.

“Unlike a standard insurance policy, this bond consists of real funds held in trust for the Owners Corporation, offering a tangible layer of protection and added peace of mind.”

[smartcode_project:default project_id=147685 project_image_fid=359135]

The remediation process has now been completed in full, with no active rectification orders or outstanding directives linked to the project on NSW Government registers. This outcome reflects the broader tightening of building oversight across the state, while also highlighting the project’s transition into a completed, compliant asset.

In a market where many buyers remain cautious about apartment quality, initiatives like this are designed to restore confidence, giving purchasers greater certainty and a stronger sense of security in their investment.

Equitifund has since acquired the remaining apartments and is managing their reintroduction to the market. With the works finalised and a significant financial reserve in place, the project now presents with a markedly different risk profile compared to its initial release.

[smartcode_project:default project_id=147685 project_image_fid=359137]

Beyond the added security, the development is positioned in one of Castle Hill’s more established pockets. The Gay Street address places it within close proximity to Castle Towers, one of the country’s largest retail centres, as well as Castle Hill Metro Station, which now connects directly to the broader Sydney Metro network.

Equitifund National Sales Director Ben Hamblett said buyer demand in the area continues to be driven by access to transport and amenity.

“Interest from both owner-occupiers and investors in Castle Hill remains exceptionally strong, with buyers consistently prioritising developments in close proximity to the Metro station and Castle Towers Shopping Centre,” Hamblett said.

“There is a clear trend in the market, with purchasers seeking convenient access to transport and lifestyle amenities that support a seamless, low-maintenance way of living.”

[smartcode_project:default project_id=147685 project_image_fid=359145]

The apartments also enter the market at a relatively accessible price point for the area, with two-bedroom configurations starting from $995,000 and rental demand for similar stock reaching around $900 per week. This combination of pricing, connectivity, and completed status is expected to appeal to both owner-occupiers and investors seeking lower-risk entry into the Hills District apartment market.

For eligible buyers, a limited 3.50 per cent p.a. two-year fixed interest rate is currently available through Equitifund’s lending partners, providing an additional layer of affordability.

EquitiCredit Pty Ltd ACN 676 363 769 holds ACL 559289 and provides credit assistance. Finance is arranged through EquitiCredit and funded by its lending partners. Interest rates are subject to change and eligibility criteria apply. Terms, conditions, fees and charges may apply. This is not financial advice and should not be relied upon as such. Prospective buyers should seek independent financial advice.

[smartcode_project_cta:default project_id=147685]
</section>

Castle Hill apartments offering unmatched buyer protection through dedicated fund

A State-Assessed Rezoning Proposal for the Kurnell Peninsula is now on public exhibition, setting out a plan to deliver up to 4,300 homes alongside new retail, tourism and public open space on a 210-hectare coastal site.

The proposal, backed by the Minns Labor Government, would transform a former sand mining area along Captain Cook Drive into a mixed-use precinct delivered over approximately 20 years.

In addition to housing, the plan includes more than 7,000 sqm of retail and commercial space, new community facilities and approximately 116 hectares of open space, equating to more than half the site.

<img alt="Kurnell" data-entity-type="file" data-entity-uuid="ce1c6567-1df0-4de0-9fe5-a76be0367834" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-13%20at%209.11.51%E2%80%AFAM_0.png?VersionId=dbbTmYaJvROA5fkQbgaxis8cmFwtpB5_" />

<hr data-end="849" data-start="846" />
<h2 data-end="902" data-section-id="ony3l3" data-start="851">Rezoning framework enables mixed-use development</h2>

The rezoning application seeks to amend planning controls under the State Environmental Planning Policy (Precincts—Central River City) and the Sutherland Shire Local Environmental Plan 2015.

Its primary objective is to enable a broader range of land uses across the site, including residential, employment, tourism and community uses, while also formalising environmental protections and land management outcomes .

The proposal has progressed through the state-led rezoning pathway after being identified as a project of regional significance, supported by several years of technical studies and agency consultation .

Development would occur in stages, aligned with the progressive closure and remediation of the existing sand mine.

<hr data-end="1718" data-start="1715" />
<h2 data-end="1768" data-section-id="krwii9" data-start="1720">Master plan structured around three precincts</h2>

The accompanying urban design report outlines an indicative master plan that divides the site into three primary precincts, anchored by a town centre in the western portion of the site.

The town centre is planned as the first stage of development, located on land that has already been remediated. It is intended to accommodate higher-density housing, retail, and community uses.

<img alt="Kurnell" data-entity-type="file" data-entity-uuid="4bfd5873-4847-4105-b220-0a30c96f5573" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-13%20at%209.20.09%E2%80%AFAM.png?VersionId=7aVaSsZLAc6mElSH4g6Ct5bGsNxZcnPL" />

Additional precincts extend toward Bate Bay and Boat Harbour, with built form responding to environmental conditions and proximity to the coastline.

The design framework identifies distinct local character areas, with the master plan structured to reflect “unique natural qualities” across the site.

<hr data-end="2495" data-start="2492" />
<h2 data-end="2544" data-section-id="1vitwqn" data-start="2497">Open space forms core of the design approach</h2>

A key component of the proposal is the allocation of approximately 116 hectares to open space and ecological land.

This includes:

<ul data-end="2846" data-start="2678">
	<li data-end="2702" data-section-id="d96caj" data-start="2678">Three district parks</li>
	<li data-end="2723" data-section-id="17y6uz6" data-start="2703">Nine local parks</li>
	<li data-end="2741" data-section-id="14hui00" data-start="2724">Sports fields</li>
	<li data-end="2778" data-section-id="ts7psx" data-start="2742">Coastal and ecological corridors</li>
	<li data-end="2846" data-section-id="agduax" data-start="2779">Two kilometres of publicly accessible beachfront along Bate Bay</li>
</ul>

The urban design report positions this open space network as central to the structure of the development, rather than ancillary to it.

It is intended to support ecological regeneration, provide recreational amenity and create a connected network across the peninsula.

The plan includes north–south ecological corridors, expanded wetland systems and pedestrian and cycling links designed to connect residential areas to the coastline and open space areas .

<hr data-end="3347" data-start="3344" />
<h2 data-end="3381" data-section-id="ql66rt" data-start="3349">Housing mix and affordability</h2>

The proposal includes approximately 4,300 dwellings across a range of housing types.

This includes high-density apartments, medium-density housing, townhouses and seniors housing.

Affordable housing provision is identified at approximately 240 dwellings, alongside a smaller component of social housing.

The master plan emphasises housing diversity, with the intent of accommodating a range of household types and age groups within the development.

<img alt="Kurnell" data-entity-type="file" data-entity-uuid="d4baba4d-b5b0-4a86-bcad-5d319b036184" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-13%20at%209.11.59%E2%80%AFAM.png?VersionId=udYFz0q8tjEPR3pmKLHRSFRJN4dKakPO" />

<hr data-end="3877" data-start="3874" />
<h2 data-end="3919" data-section-id="rgckdv" data-start="3879">Built form controls and height limits</h2>

Proposed building heights across the site range from three to 12 storeys.

These controls are set out within the rezoning application and are intended to manage visual impact, maintain view corridors and ensure compatibility with the coastal landscape.

Floor space ratios and height limits are applied across different parts of the site to reflect varying environmental conditions and proximity to open space and the coastline .

Higher density is generally concentrated within the town centre, with lower-scale development toward the coastal edge and environmentally sensitive areas.

<hr data-end="4548" data-start="4545" />
<h2 data-end="4588" data-section-id="1minlda" data-start="4550">Retail, tourism and employment uses</h2>

In addition to residential development, the proposal includes retail, commercial and tourism uses.

This includes:

<ul data-end="4896" data-start="4706">
	<li data-end="4775" data-section-id="1jrun76" data-start="4706">Approximately 7,000–9,800sqm of retail and commercial floor space</li>
	<li data-end="4803" data-section-id="10kyifw" data-start="4776">A full-line supermarket</li>
	<li data-end="4830" data-section-id="fz1hdg" data-start="4804">Food and beverage uses</li>
	<li data-end="4896" data-section-id="1aqg2fj" data-start="4831">Tourism accommodation, including hotel and short-stay options</li>
</ul>

The proposal also identifies employment outcomes, with the development expected to support jobs both during construction and in ongoing operations.

These uses are concentrated within the town centre and key activity areas across the site.

<hr data-end="5142" data-start="5139" />
<h2 data-end="5172" data-section-id="162x2kt" data-start="5144">Infrastructure and access</h2>

The proposal includes upgrades to Captain Cook Drive, which provides the primary access to the peninsula.

These upgrades are intended to improve traffic flow and support emergency access.

The transport strategy also incorporates:

<ul data-end="5529" data-start="5407">
	<li data-end="5433" data-section-id="fanquy" data-start="5407">Internal road networks</li>
	<li data-end="5469" data-section-id="o6y80y" data-start="5434">Walking and cycling connections</li>
	<li data-end="5529" data-section-id="jgraft" data-start="5470">Proposed public transport routes and bus stop locations</li>
</ul>

The rezoning report includes detailed analysis of transport, flooding, and infrastructure requirements to support the staged development of the site .

<hr data-end="5723" data-start="5720" />
<h2 data-end="5769" data-section-id="14urh3" data-start="5725">Environmental and cultural considerations</h2>

The site is identified as having environmental and cultural significance, including areas of ecological value and Aboriginal archaeological sensitivity.

The proposal includes measures to protect and enhance these areas, including:

<ul data-end="6230" data-start="6004">
	<li data-end="6056" data-section-id="1pzyouo" data-start="6004">Retention and regeneration of coastal vegetation</li>
	<li data-end="6100" data-section-id="bjn2vz" data-start="6057">Strengthening of biodiversity corridors</li>
	<li data-end="6148" data-section-id="1bpeyoj" data-start="6101">Protection of riparian systems and wetlands</li>
	<li data-end="6230" data-section-id="lg0cka" data-start="6149">Integration of cultural interpretation and recognition of Indigenous heritage</li>
</ul>

The urban design report also outlines opportunities for incorporating Indigenous cultural elements into public spaces and landscape design.

<hr data-end="6893" data-start="6890" />
<h2 data-end="6908" data-section-id="w7rk5f" data-start="6895">Next steps</h2>

The proposal is currently on public exhibition, with submissions open to the community. Feedback received during this period will inform the Department of Planning’s assessment of the rezoning.

If approved, the rezoning would establish the planning framework for future development applications across the site.

<hr data-end="6893" data-start="6890" />
<h2 data-end="6908" data-section-id="w7rk5f" data-start="6895">What the NSW Government says</h2>

Minister for Planning and Public Spaces Paul Scully said the planned closure of the sand mine and remediation of the Kurnell Peninsula presents an exciting opportunity to transform the area.

“This proposal envisions a vibrant new beachfront community with thousands of new homes, jobs and great open space in the Sutherland Shire. I encourage the community to have their say during the public exhibition period. Feedback from the community will play an important role in the assessment of the proposal.”

Sydney's newest beachfront city: NSW Gov to unlock 4,300 new homes on Kurnell peninsula

A long-awaited transformation of a former industrial site in Holroyd has been given the green light, with the NSW Government approving the $1.2 billion Crescent Parklands masterplan that will deliver more than 1,200 new homes just south of Parramatta.

The State Significant Development approval clears the way for a large-scale mixed-use precinct at <a href="https://www.apartments.com.au/new-apartments/1-crescent-street-holroyd-nsw-2142">1 Crescent Street</a>, replacing an underutilised site with a coordinated residential community anchored by new open space, retail, and commercial uses.

Designed by <a href="https://www.apartments.com.au/architects/woods-bagot">Woods Bagot</a> for WA-based developer Tiberius, the approved scheme comprises seven buildings arranged across two precincts. In total, the development will deliver 1,227 apartments, including 201 allocated as affordable housing, alongside approximately 2,500 sqm of retail and 5,000 sqm of commercial space within a mixed-use podium.

<img alt="Tiberius’ Crescent Parklands to deliver 1,200+ homes in major Holroyd transformation" data-entity-type="file" data-entity-uuid="1cc82dd2-8184-4b86-8665-90653147820d" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Crescent%20buildings.png?VersionId=2ZmVDc_Rfc4AzQ6ShzZJlvdZnACLerVM" />

The project is structured as a masterplanned precinct rather than a standalone tower. Buildings 1 to 4 will rise from a shared podium with shop-top housing, while Buildings 5 to 7 are positioned closer to the northern park interface as residential flat buildings. The built form has been carefully modulated to balance density with amenity, with the design resolving building separation, solar access, and wind impacts at a precinct scale.

A significant focus of the design is the activation of Crescent Street and the integration of public domain. The submission notes that “individual townhouses [were] removed for community based functions to Crescent Street to increase activation and surveillance,” reinforcing a more urban and publicly engaged street edge. Retail, commercial tenancies, and resident amenity spaces are concentrated along this frontage and within the podium to support day-to-day activity.

The landscape strategy underpins the project’s identity, with a network of pedestrian connections, landscaped corridors, and open spaces linking the site internally and to its surroundings. The design prioritises permeability, delivering “increased uninterrupted flow between spaces for pedestrian access” and improved connections through to the adjoining parklands.

<img alt="Tiberius’ Crescent Parklands to deliver 1,200+ homes in major Holroyd transformation" data-entity-type="file" data-entity-uuid="19282454-ab2f-4e2c-866f-4b35cf4283d4" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Crescent%20masterplan.png?VersionId=JQdWGYI5B5R1lzmK4omYOp_8KLPkT4Bv" />

Buildings within the western precinct are oriented toward the park, shaping a residential offering defined by proximity to open space. The design describes this approach as creating apartments “immersed in nature with apartments facing the park,” positioning the landscape as a central organising element of the masterplan.

The broader architectural response addresses both infrastructure and context, with taller elements capturing long-range views toward Parramatta while setbacks and separation distances mitigate impacts on surrounding residential areas. Sustainability initiatives, including solar optimisation, cross-ventilation, and integrated landscape systems, are embedded across the scheme.

Located approximately one kilometre south of Parramatta CBD, the 3.6-hectare site is bounded by Crescent Street, Woodville Road, and Holroyd Sportsground. It benefits from strong access to public transport, including nearby bus routes and train stations, and sits within a rapidly evolving corridor earmarked for increased residential density. The design also strengthens connections between surrounding green spaces, including Holroyd Sportsground and Parramatta Parklands.

The approval follows several years of planning, including a rezoning process that enabled significant uplift in height and density across the site. With determination now secured, Crescent Parklands is positioned to play a major role in delivering new housing supply within Greater Parramatta’s growth area.

Tiberius’ Crescent Parklands to deliver over 1,200 homes in major Holroyd transformation

Tribunal

<html><body>
Gayla Currie, who worked for Century 21 Max Comben real estate agency in Perth, has been caught presenting more than 20 fake contracts for fake property sales.
The real estate agent has been banned from working in the industry for life after being found guilty of fabricating purchase offers on numerous properties.
The forged contracts pretended to be prospective buyers.
The punishment was imposed by the State Administrative Tribunal on Currie, who worked as a sales representative in 2015 and 2016.
Ms Currie began working for the agency as a sales representative in February 2015 and was supervised by Mr Comben. Ms Currie held a sales representative certificate from October 2012 to October 2015 but failed to renew her certificate of registration until February 2016. She continued her sales activities with the agency between October 2015 and February 2016, despite not holding a certificate of registration.
Currie’s employer and sales supervisor Maxwell Comben were also fined by the SAT for breaching the Real Estate and Business Agents Act.
The SAT found as supervisor, Comben had failed to notice that signatures on the offers were in Currie’s handwriting, finance letters from banks were forged, phone numbers were made up and none of the sales ever settled.
Consumer Protection commissioner David Hillyard said there had been a serious lack of proper supervision on Comben’s part.
"Property owners who put their trust in the agency have endured great inconvenience and financial disadvantage,” he said.
Max has been selling in the Real Estate industry for over 41 years and all of these 41 years have been in the local area.  Max Comden commenced selling in 1975.  Max has been inducted into the prestigious Century 21 Hall Of Fame which is the highest individual award offered by Century 21. He is a "Centurion" level salesperson putting him in the top 2% if sales people in the largest real estate system world wide.
Currie’s employer Sakar Pty Ltd, trading as Century 21 Max Comben, was fined $2,000 and sales supervisor Maxwell Comben was fined $3,000 by the SAT for breaching the Real Estate and Business Agents Act by failing to exercise due care, skill and diligence and continuing to employ a sales representative in the time period that the sales representative’s certificate of registration had expired and was therefore no longer valid. The agency and Mr Comben were reprimanded and ordered to also pay costs of $1,200.
The SAT findings:
<ul data-reactid="103">
<li data-reactid="104">Sixteen fake contracts of offer and acceptance to the owner of a Westminster property between May 2015 and February 2016;</li>
<li data-reactid="106">Two fake contracts of offer and acceptance to the owner of a Balcatta property in October 2015 and January 2016;</li>
<li data-reactid="108">Three fake contracts of offer and acceptance to the owner of a Morley property between December 2015 and March 2016; and</li>
<li data-reactid="110">One fake contract of offer and acceptance to the owners of a Stirling property in February 2016.</li>
</ul>
</body></html>

j.ballantyne1990-6AQqhLzZaK

Century 21 agent banned after fake sale contracts on Perth homes

<html><body>
Former Provident Capital director Michael O’Sullivan has lost his appeal against his disqualification, with the Administrative Appeals Tribunal (AAT) saying that he showed no “genuine contrition for his conduct or genuine insight into his corporate failures”.
The AAT upheld ASIC's decision that O’Sullivan be disqualified from managing corporations for five years and from providing financial services for seven years.
The AAT qualified the five-year disqualification decision by permitting O'Sullivan to remain as a director of three private companies, provided that those companies only involve activities relating to his immediate family.
The AAT said: “The behaviour of Mr O'Sullivan has fallen below the standard that is expected and required of a public company director.” 
The AAT found his behaviour “involved either a subconscious or at times an attempt to camouflage or massage critical information and to even completely prevent that information from being disclosed on a timely basis”.
The AAT highlighted that “deficient disclosure [of information] was designed to obfuscate the real position” and that this behaviour “put at risk the funds of certain third party investors who were largely being kept in the dark about the precarious nature” of one of Provident's largest loans.
ASIC's commissioner John Price welcomed the AAT finding, saying: “ASIC is committed to taking action against directors who fail to exercise care and diligence in the management of company assets. 
“ASIC's powers to disqualify directors of failed companies and to ban individuals from providing financial services are important preventative measures to safeguard the public interest.”
O'Sullivan had previously been granted a stay of the disqualification order, pending the AAT's review of ASIC's decision.
He has 28 days to appeal this decision to the Federal Court.
</body></html>

jonathanchancellor-7SQnKwU6yx

Michael O'Sullivan loses appeal against ASIC ban following Provident Capital collapse

<html><body>
<div class="author">GUEST OBSERVER </div>
<div class="author"> </div>
<div class="author">In a recent matter, the partition of land before it was subdivided, and the timing of registering strata lots, resulted in a decision where the owner of the land was not considered to be a developer under the Home Building Act (the Act).</div>
<div class="author"> </div>
<div class="author">As such, the owner bears no liabilities regarding statutory warranties in the Act. So what happened, and what are the lessons to be learnt?</div>
What are statutory warranties?
Statutory warranties are warranties that a person is entitled to under the contract with a builder/tradesperson. Even if the warranties aren’t written into the contract, under the law they still apply to the work being done on a home. Statutory warranties are in effect for six years for major defects and two years for all other defects, commencing from the date of completion.
The Act states that anyone who is the immediate successor in title to an owner-builder, a holder of a contractor licence, a former holder or a developer who has done residential building work on land is entitled to the benefit of the statutory warranties as if these parties were required to hold a contractor licence and had done the work under contract with that successor in title.
What happened in this instance?
In 2007, Trilogy Capital (Cremorne Developments) Pty Ltd (TD) and Trilogy Capital Services Pty Ltd (TC) bought land in Cremorne as tenants in common.
Development consent was obtained to build a mix of commercial and residential buildings. TD contracted with a building and construction company, Southern Cross Constructions, to undertake the work.
After the Occupation Certificate for the residential work was issued in October, TD and TC applied to North Sydney Council for two strata subdivisions, dividing Lot 1 into 7 commercial lots and Lot 2 into 17 residential lots. Around the same time TD and TC transferred their respective holdings to each other at the bargain basement price of $1.00 so TC became the full owner of Lot 1 and TD owned all of Lot 2. The strata subdivision was registered at the end of November.
In December strata plans were registered - 79706 for TC’s commercial lots, and 79707 for the residential lots owned by TD.
Work proceeded but things went pear-shaped in 2013 and the Owners Corporation of the residential lots commenced proceedings in the NSW Civil and Administrative Tribunal against the builder. Southern Cross was placed into liquidation so the Owners Corporation pursued TD as the developer. Unfortunately for the Owners Corporation, TD was also in trouble and it too went into liquidation. With only one horse left in the race, the Owners Corporation went after TC in an attempt to rectify the defective works.
So who is a “developer”?
According to the Act; an individual, partnership or corporation is a developer if residential work is undertaken on land they own – even if they haven’t physically been involved in the development. They are also classified as a developer if the work is done on behalf of another person - for example, on behalf of a party to a joint venture agreement with the owner for the development of the land. The person on whose behalf the work is actually done is also a developer.
It’s important to note that the work undertaken must be done in connection with an existing or proposed dwelling in a building or residential development where at least four of the dwellings are or will be owned by the individual, partnership or corporation.
In this matter, the tribunal had to determine whether TC was a 'developer' within the meaning of the Act and as such liable for a breach of the statutory warranties. It also has to establish whether the Owners Corporation was the 'immediate successor" in title.
The outcome
The Owners Corporation argued that the residential dwellings existed by 29 November, 2007 – at which point in time, TC was still a 25% owner of both lots as tenant in common and as such, owned four or more of the residential lots.
TC didn’t dispute the previous ownership however, said that by the time the Owners Corporation became successor in title to whomever owned the residential lots in December, TD was the only owner.
The tribunal member agreed with TC, ruling that statutory warranties weren’t applicable. The Owners Corporation was unsuccessful in appealing the decision to the Appeal Panel which reaffirmed the opinion of the tribunal that TC was in fact, not a developer. The Appeal Panel cited the fact that the strata home units couldn’t be owned until after the strata plan had been registered and TC was never intended to have any ownership after this registration had taken place. 
Whilst the decision is in no way definitive it may allow 'developers' to argue that they are not bound by the statutory warranties where there has been a partition of land or a transfer prior to the registration of the strata plan.
Nick Kallipolitis is principal, Coleman Greig Lawyers and can be contacted <a href="https://www.colemangreig.com.au" target="_blank">here</a>.
 
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jchancellor-FAypfDUnLy

Property 101: Tribunal finds Cremorne landowner not liable for building defects

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A Brisbane real estate agent has been ordered to pay $12,687 in fines and compensation by the Queensland Civil and Administrative Tribunal for operating without a real estate agent licence and the improper use of a trust account.
Damien Grimsey was fined $5,000 for trading unlicensed. He was disqualified from holding any form of real estate licence or certificate for seven years.
Grimsey was also ordered to pay $7,687 compensation to a client for failing to pass on an insurance claim payment.
The tribunal heard Grimsey stepped in to take over his father’s real estate business, State Invest Property Services, while his father was hospitalised.
Grimsey operated without a licence from July 2008 to November 2008 and May 2011 to January 2012.
After a receiver was placed in charge of State Invest Property Services, Grimsey opened another trust account under a similar name and sent notices to clients falsely stating that normal trading would shortly resume under the new trust account.
Fair Trading executive director Brian Bauer said that even in unfortunate circumstances, family members could not simply take over a licensed business.
“The property industry is licenced and regulated to protect the public and maintain a high level of professionalism,” Bauer said.
“Consumers have the right to expect their real estate agent is appropriately licensed, and has the training and knowledge to be able to carry out the job properly."
The law does allow a principal licensee to appoint a substitute licensee for a period of not more than 30 days providing certain conditions are satisfied under the Property Occupations Act 2014.
 
 
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Queensland 'agent' fined for taking over sick dad's estate agency

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Heading to tribunal, or VCAT in Victoria, can unsurprisingly fill tenants, property managers and landlords with dread.

VCAT deputy president, head of review and regulation Heather Lambrick said that the best way, truly, to win at VCAT is not to come in the first place.

"Every case that comes before VCAT has a losing party. Everybody comes in the door thinking that they're going to win the case, that they're going to walk out victorious [and] that they're going to be really happy with the outcome ... Sadly, that's not the case," said Lambrick at a recent Taking it to VCAT information session at the William Cooper Justice Centre.

In fact, settlements are the best way to sort out an issue. Talk to the other side, don't keep secrets and try to resolve the issues prior to taking it to tribunal. Hear are <a href="/expert-insights/buying/four-investor-tips-to-keep-you-out-of-tribunal">four tips for keeping you out of tribunal in the first place</a>.

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If, however, you do end up at tribunal, then she notes there's one thing that lets people down: a lack of preparation.

You might not need legal representation, in fact she notes that many have represented themselves and have won at tribunal, however you must prepare adequately. If the concept of some of the preparation explains below fills you with dread, then it might be time to seek some preliminary assistance.

While some are well-placed to handle their own case, due to their intimate knowledge with it, of course some can't see the woods for the trees. Best to identify which camp you are in early.

"If you haven't prepared your case don't expect to win," she explained.

"You may not be a lawyer, but you're expected to prepare. They can only judge based on what is presented."

So how do you effectively prepare for VCAT?

Here are some fundamental tips.

Understand what it is that you are going to VCAT for.

Answer to yourself the following questions:

<ul>
<li>Why am I coming? 
	 </li>
	<li>Why am I making the application in the first place? 
	 </li>
	<li>What am I hoping to achieve?</li>
</ul>
If you don't really know what it is your hoping to achieve "you're not going to be able to persuade me that I should give you what you're hoping to achieve," she explains.

You need to have the idea clear in your mind and then prepare to get from A, where you are now, to B, what you want to achieve.

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<hr class="system-pagebreak">
Know the relevant law

Lambrick notes that while some believe the tribunal members "make it up as they go along", the truth is that VCAT is a creature of statute. Meaning, for every action they take there is a piece of legislation behind it.

You aren't expected to be a lawyer, or "know every case in the history of the universe". However, you are certainly expected to know the legislation that covers you dispute and, preferably, which section of the legislation specifically.

If there isn't a piece of legislation to cover your dispute, then it's not an issue VCAT can assist with.

Isolate the issues

The majority of parties, surprisingly, agree on the majority of things about the case. For instance, the nature of the relationship, when a lease began, and similar details are often not in dispute.

Find out what it is you're really arguing.

"Don't spend a lot of time preparing what everyone agrees on - that's just background information," she explains.

Get the documents to prove your issues

You now have the issues on hand, about which you believe you are correct. The next step is proving it, perhaps with tools, photogrpahs, documents or a person who needs to give evidence. Decide which documents you need, and start to collect them.

Anticipate the other side of the argument

You've now decided on what your issues are and how you will prove your case.

However, she warns, "Cases aren't won on their strengths, they're lost on their weaknesses". Be aware of these weaknesses by preparing for the counter argument.

One way to get this done is to write yourself some lists.

Grab a piece of paper and put a line down the middle. She then recommends putting the 'pros' for your case and the 'cons' on the other side.

On the other piece of paper, you need to write down the evidence you have on your side. Consider the evidence they might also have, and see how it stacks up.

Everything you're planning to say at tribunal needs to be prepared for.

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Ensure you have everything with you

Bring your documents, and all your information in order.

Don't forget a pen and paper - it sounds silly, but it's crucial to bring these with you for noting down important points as they arise.

As this isn't an American TV show court, she laughs, there isn't the opportunity to say 'objection' at every turn. If the counter argument brings up a point you disagree with - write it down and wait your turn.

Ask for help if you need it

"If you're self-represented, we're here to help. We want the best possible case from each side," she explains.

If you don't know when you're supposed to talk, don't hesitate to ask and clarify.

Watch other cases

Sit in on a couple of tribunal cases - you'll find that it may help steady your nerves, she said, noting that it's not uncommon for first timers to be nervous coming to tribunal.

You'll quick learn some of the common customs.

For instance, she notes that the vast majority of hearings are held in rooms that are not as formal as you might expect. However, when the tribunal member comes into the room, the common courtesy is for everyone to stand.

The usual way to address the tribunal member is also "Sir" or "Madam".

You will also learn some lessons for future reference. Here's a<a href="/news/landlords-must-be-aware-of-the-implied-tenancy-agreement-lessons-from-tribunal"> lesson from a previous Tribunal case</a>.

Stay calm and be polite

Throughout the process you may be encouraged to negotiate with the other side, and if you've been rude due to being nervous then you may limit your chances of a more favourable outcome.

For more tips on winning at VCAT, you can <a href="/news/vic/property-management-tips-for-winning-at-vcat">read a property management perspective here</a>.
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jduke-EHk3XBmHkn

How to win your case at tribunal: VCAT deputy president

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A man who took out home renovation work without a licence, as well as breached home building legislation, has been ordered to pay $40,000 in fines and costs, after facing the Parramatta Local Court this month.
Buddy Charbel Challita, a 42 year old from Greenacre, was convicted ex-parte on 2 May, fined $6,000 for unlicensed contracting of specialist work, $18,000 for thrice demanding/receiving payment before the work had commenced and $18,000 for thrice contracting residential work without an insurance certificate.
Challita also had to pay professional and court costs, totalling $2,095, costing him $44,095 in overall.
He had applied to Fair Trading for a contractor licence in 2009. This was refused as he had a bankrupt status.
Despite this, in April 2013 he contracted with an East Hills home owner to create two new bathrooms, a laundry and a kitchen. The amount of the work would be $33,420. Under New South Wales requirements, this would need a licence. No home warranty insurance was in place.
He also received a $4,000 deposit from that property owner – this is above the 5% maximum allowed under the Home Building Act. After paying these sums, three months passed with little work undertaken. The property owner was then required to pay for other contractors to complete the work.
Acting Fair Trading Commissioner, Rob Vellar, said that the whole idea of the Home Building Act is to protect consumers from these situations.
“Unlicensed building and commencing work without Home Warranty Insurance in place can not only have a potentially adverse impact upon the future re-sale value of a property,” said Vellar.
“It can also been downright dangerous. Always check your builder is appropriately licensed before entering into any contract for home renovations.”
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Unlicensed home renovator and builder ordered to pay more than $40,000

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Only a few days ago <a href="/news/western-australia-building-company-to-pay-10-000-penalty-after-misleading-city-of-geraldton">Property Observer reported about a builder misleading the City of Geraldton</a>, copping a total of $10,000 in fines. This time, it's the City of Stirling who claim to have been misled.
The West Perth builder John Joseph Dryka will pay $10,000 in fines and $2,000 of costs for misleading conduct under the Building Services (Registration) Act 2011, according to the State Administrative Tribunal.
The proceedings, initiated by the Building Services Board, were finalised at the end of March. Essentially, the builder was found to have misled the council, as well as an insurer, as to the estimated value of a Scarborough property's building work, that would involve constructing a three-storey dwelling.
The building licence and home indemnity insurance, that he applied for in December 2007 and November 2007 respectively, were to the value of $850,000. The contract he entered into, however, was $1,799,996.
He then failed to update the local government and insurers of the true value.
Building Commissioner Peter Gow said that being a registered builder is a statement that you have qualifications and experience enough to provide an acceptable service. It also means that the builder is accountable for compliance with building laws and standards.
“Providing building services is an important job – if it’s not done correctly it can put public safety, consumers’ wellbeing and the reputation of the building industry at risk," said Gow.
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Another WA builder fined for misleading council

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The Real Estate Institute of New South Wales, after a two year absence and intense lobbying, has welcomed the recommencement of tenancy cases being heard in Parramatta.
Announced on Friday, Attorney General Greg Smith said that the area would once again host regular sittings, this time of the new super tribunal - the New South Wales Civil and Administrative Tribunal, more commonly referred to as NCAT.
This will happen from 30 June 2014, and will see NCAT sit in Parramatta three days each week as a service for tenants and landlords.
This has been welcomed by the president of the REINSW, Malcolm Gunning, who said that it was needed for Sydney's west. Estimations are currently that up to 40 issues would be heard per day in Parramatta.
“We were very concerned when old Consumer, Trader and Tenancy Tribunal (CTTT) stopped operating in Parramatta in early 2012," said Gunning.
“Resolving disputes in Parramatta is a win for everyone in the property industry, especially landlords and tenants who will no longer face the costs and time restraints of having to travel to the Sydney or Penrith Register to have their case heard."
“Our efforts over the last two years to highlight the importance of tribunal hearings in Parramatta have been vindicated by this decision,” he said.
NCAT is the replacement to the CTTT system, that is said to simplify the "complex and bewildering" system, according to Smith.
“The NSW Civil and Administrative Tribunal (NCAT) will be a one-stop shop for almost all state tribunals, ranging from relatively small bodies such as the Chinese Medicine Tribunal through to the much larger Consumer, Trader &amp; Tenancy Tribunal,” said Smith.
It deals with tenancy disputes, customer complaints, applications for guardianship and a number of other issues.
After operating from 2 January 2014, NCAT conducted 28,000 hearings in 100 days.
Parramatta hearings will be held in a room at the Commonwealth Law Courts building.
“This is great news for Western Sydney and consolidates Parramatta’s position as the state’s largest legal hub outside of Sydney’s CBD," said Smith.
“It follows confirmation that the Court of Criminal Appeal will sit in Parramatta for two weeks in July and August, with the Chief Justice of NSW Tom Bathurst to be among the judges presiding over the hearings.”
Regular Supreme Court sittings may also be a possibility, with Chief Justice Bathurst examining this in the future.
“While the old Consumer, Trader and Tenancy Tribunal sat in Parramatta until early 2012, many of the tribunals that have joined NCAT have never conducted regular hearings in Sydney’s west,” said Smith.
“NCAT will provide the people of Western Sydney with quick and cost effective access to justice.
“Tribunal proceedings are typically less formal than a traditional court hearing and often achieve earlier resolutions.”
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