dispute – realestatesource https://www.realestatesource.com.au Commercial and residential property news Wed, 22 Jun 2011 04:00:16 +0000 en-US hourly 1 https://wordpress.org/?v=7.0 https://www.realestatesource.com.au/wp-content/uploads/2024/03/rsfav-100x100.png dispute – realestatesource https://www.realestatesource.com.au 32 32 Body Corporate Take on Sunland on Q1 Tower Defects https://www.realestatesource.com.au/body-corporate-take-on-sunland-on-q1-tower-defects/ Wed, 22 Jun 2011 04:00:16 +0000 http://realestatesource.com.au/wordpress/body-corporate-take-on-sunland-on-q1-tower-defects.html THE developer of Queensland’s landmark Q1 apartment building, on the Gold Coast, is involved in a legal dispute with its tenants.

According to documents lodged with the Supreme Court, the body corporate of the building claims Sunland’s Q1 had “contained or developed defects in the coating system” since construction.

The body corporate claims defects and corrosion in the building would “compromise long term durability and appearance of Q1 and require repair.”
]]> Residents add “the cost of required repairs is not yet known but is likely to be millions of dollars.”

Sunland Group chief told the AFR he is confident there will be a resolution “which will include the body corporate accepting that it failed to maintain a proper maintenance regime for the building.”

He added “the body corporate has a due care to maintaining the building and in this instance a proper regime has not been upheld.”

“I think everyone is entitled to their own views but justice will prevail.”

Developed in 2005, and pipping Melbourne’s Eureka Tower as Australia’s tallest residential building, the 80-level tower includes 526 apartments.

In 2009, an owners corporation of a Pyrmont apartment block, in Sydney, won $3.1 million and set a precedent for what constitutes systemic default in buildings.

Walter Constructions was the building of that Harris Street property.

 

]]> ALP Backflips on Controversial Growth Areas Tax https://www.realestatesource.com.au/alp-backflips-on-controversial-growth-areas-tax/ Fri, 16 Oct 2009 13:13:02 +0000 http://realestatesource.com.au/wordpress/alp-backflips-on-controversial-growth-areas-tax.html Justin MaddenTHE LABOR Party has buckled to mounting voter and media pressure, related to a perceived unfair tax imposed on homeowners in Melbourne's growth areas.

Footballer turned Labor Party Planning Minister Justin Madden had previously expected land owners in some Melbourne areas to pay a $95,000 per hectare tax, which would pay for things such as infrastructure and roads, and attract more development (or developers).

It's been argued the government, or major developers which will benefit from from the investment, should flip the expected $11 billion bill - rather than profit from it.

]]> Plus there is the matter that many people who purchased and live in defined “growth areas”, including areas around Craigieburn, Werribee and Cranbourne, do not want their backyards developed into housing estates.

Under new draft legislation released yesterday, a tax will now be charged to developers, and not landowners.

The backflip comes as the Herald Sun reports the ALP is facing opposition by major voting groups, including farmers and community groups, unless it revisits the policy.

Mr Madden said in the Herald Sun “The onus has shifted from the seller to the buyer.”

 

]]> Melbourne City Council to Consider Shifting East Melbourne Suburb Border, to Appease Angry New Residents https://www.realestatesource.com.au/border-to-appease-angry-new-residents/ Mon, 28 Sep 2009 13:32:38 +0000 http://realestatesource.com.au/wordpress/border-to-appease-angry-new-residents.html THE Melbourne City Council will meet on October 6 to discuss shifting the suburb boundary of East Melbourne, to include a 19-level unique glass apartment building, built over train tracks, near Federation Square.

Residents have started moving into the prestigious project, which was marketed by developer Becton as "ONE EAST MELBOURNE" - but is in fact in an area defined as 'Melbourne', and arguably worth a lot less.

]]> A Becton spokeswoman told The Age the current suburb boundary runs through the middle of the residential and commercial village Becton has been developing since 1992, when it acquired the land from te State Government.

However the high rise apartment building on Wellington Parade South was developed on a piece of the site zoned as Melbourne.

The apartment tower, and a 6-level office building was the final piece of that development, and were both opened this year.

A report before council said the East Melbourne suburb name, evident in most of the Becton marketing material for the project, was a significant factor in the purchase of apartments, for many residents.

 

]]> Penalties For Breaches of BCII Act at Maryvale Pub Mill Total $105,000 https://www.realestatesource.com.au/penalties-for-breaches-of-bcii-act-at-maryvale-pub-mill-total-105000/ Mon, 31 Aug 2009 14:34:45 +0000 http://realestatesource.com.au/wordpress/penalties-for-breaches-of-bcii-act-at-maryvale-pub-mill-total-105000.html The Federal Court in Melbourne has ruled on penalties in the fifth and final ABCC proceeding relating to unlawful conduct at the Maryvale Pulp Mill expansion project in Victoria. The decision brings the total penalties imposed in the five proceedings, four of which were in the Federal Magistrates’ Court, to $105,000.

Penalties totalling $30,000 were imposed on the AMWU and organiser Steven Dodd for unlawfully threatening a building contractor. Mr Dodd admitted he threatened to organise industrial action with intent to pressure the contractor to make an AMWU industrial agreement in February 2008.

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ABC Commissioner John Lloyd says the penalties are a reminder that illegal conduct with regards to agreement making will not be tolerated:

‘It is unacceptable to unlawfully pressure another person when it comes to agreement making. The ABCC will remain vigilant about prosecuting those who are found to have broken the law.

It is unfortunate that a major project in regional Australia experienced so many costly incidents of unlawful conduct.

Penalties totalling $105,000 for unlawful conduct at this project emphasise the serious consequences of choosing to break the law.’

In all five proceedings a settlement between the ABCC and the respondents resulted in agreed penalty amounts being handed down. The terms of settlement also require that the three union representatives involved in the contraventions participate in an education program about workplace relations laws in the building and construction industry.

On 25 August the Federal Magistrates’ Court ruled on penalties totally $75,000 under the terms of a settlement between the ABCC and the AWU, CEPU, AMWU and their representatives for numerous unlawful strikes at the project between July 2007 and February 2008 [ABCC Media Statement: Disruptions at Maryvale Pulp Mill result in $75,000 penalties].

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