We are a Brisbane based property valuation and real estate advisory service providing personalised property assistance and specialised valuation services throughout Queensland, Australia.
We offer independence second to none. We have no allegiances with nor contractual obligations to resuming authorities, government agencies, banks or financial institutions and we do not engage in agency sales, leasing, or management = no conflict of interest.
Specialist Services
property disputes, litigation & expert evidence lease negotiations, market rent reviews & determinations
property resumption & compensation govt land valuations, council rates & land tax audits
Market Valuations – residential, retail, commercial, industrial, rural
family law asset settlement trust compliance & restructuring
stamp duty & capital gains tax purchase due diligence retirement village units
BAYSIDE ‘CHARACTER’ HOUSE DEMOLITION ALLOWED
Market Valuation of historic or character homes potentially subject to heritage type restrictions can be challenging. A successful Appeal against a Brisbane City Council refusal to permit demolition, provides some further clarity. The central issue was whether the... read more
RETAIL SHOP LEASES LEGISLATION PREVAILS
An Appeal Court has confirmed that a ‘retail premises lease’ cannot cease to be a retail lease even if the initial criteria that qualified it as falling under the legislation, may change during the term of the lease. Key issues included the annual occupancy cost... read more
COURT REJECTS ‘EXPERTS’ REPORT
A Supreme Court has again highlighted the requirements for experts (including Valuers) when providing evidence. This case involved a comprehensive report prepared by a team of environmental consultants considering damage arising from potential metal toxification of... read more
LEASE TERMINATION DEMOLITION CLAUSES
A NSW Appeal has overturned an earlier ruling about whether the Landlord had a genuine proposal to terminate a lease for demolition purposes. Whilst Retail Leases legislation varies from State to State, there are similar provisions concerning lease termination for... read more
ANOTHER LEASE INCENTIVE RECOVERY FAILURE
A lease dispute involving Melbourne’s famous Hopetoun Tea Rooms in the iconic Block Arcade is yet another reminder of perils associated with lease incentives. Whilst this was a complicated involving other matters, the VCAT Tribunal essentially followed the 2014 Qld... read more
NO RESUMPTION COMPENSATION FOR BUSINESS LESSEE (again)
A Court of Appeal has overturned the $2M loss of profits resumption compensation previously awarded to the Lessee of a small long-established highway roadhouse largely because of an oral arrangement that included an expectation of renewal based on the relationship... read more
VALUE OF LEASE INCENTIVES SCUTTLES $81.2M DEAL
An argument over how the value of lease incentives should be treated in the settlement documents ultimately torpedoed the contract of a commercial office complex opposite the Royal Brisbane Hospital. It highlights how lease incentives can potentially have unforeseen... read more
NO RESUMPTION COMPENSATION FOR DECIMATED LESSEE
A neighbourhood supermarket business at Murrumba Downs was decimated by resumption roadworks and claimed for compensation. After lower courts ruled YES-NO-YES, the High Court finally said NO. The courts considered the applicable provisions of the Land Title Act 1994... read more
FLOUR MILL DEAL DUSTED
The issues of (1) properly disclosed site contamination and (2) a subsequent value fall 30% below the purchase price, were pivotal in the high-profile dispute over an iconic Brisbane development site sale. Queensland’s Court of Appeal confirmed the initial... read more
BODY CORPORATE UNPAID LEVY TIME LIMIT
Qld Body Corporates breathed a collective sigh of relief when an Appeal overturned a ruling concerning time limitations for commencing proceedings to recover levies and penalties under body corporate legislation i.e. Section 145 of the Body Corporate and Community... read more
DUE DILIGENCE DEBACLE
A damages award of $1.127m has been set aside on a principle of law concerning duty of care after a purchaser relied on a Council issued defective town planning certificate that contained wrong zoning and real property description. The circumstances and initial... read more
RETAIL LEASE PERSONAL GUARANTEE DISASTER
The potential catastrophic consequences of Lessees providing personal Directors guarantees has again been highlighted in an instance where the owners of a failed fresh fruit and vegetables retail shop were ordered to pay $3.5m. The shopping centre Lessor agreed to... read more
INVESTMENT PROPERTY LEASE W.A.L.E.
W.A.L.E. is a relatively new benchmark adopted by the Australian property investment industry. Obviously, it’s not a mammal, so what does it mean? Simply put, it is yet another benchmark by which to compare investment property value. The Property Council of... read more
DEFECTIVE TOWN PLANNING CERTIFICATE DAMAGES
The loss in value arising from a central QLD Council issuing an incorrect planning development certificate AND the loss in value caused by a falling market were some of issues arising from a buyer believing the property had industrial zoning when in fact it was rural... read more
NEW RULES FOR RETAIL SHOP LEASES
The Retail Shop Leases Act 1994 (Qld) legislation was overhauled 25 November 2016, ten years since the last revision, with numerous amendments that will have significant impact on lessors, lessees, legal advisers, leasing /managing agents and specialist retail... read more
AirBnB SUB-LETTING BREACHES LEASE
This case generated widespread interest in the media and property community. The Court’s decision clearly established a general principle that a short-term AirBnB stay CAN be a lease in breach of the Residential Tenancies Act without the written authorisation from... read more
NEW BUILDING ENERGY EFFICIENCY PROPOSALS
The June 2016 decision by the Federal Government to expand the Commercial Building Disclosure (CBD) scheme and the Equipment Energy Efficiency (E3) will lower the requirement for most sellers and lessors of commercial office space from 2,000 to 1,000 square metres.... read more
A DEAL’S A DEAL – do your homework
The lack of pre-purchase due diligence was no defense in an off-the-plan purchase of a Surfers Paradise $16.85m penthouse, again highlighting the need for buyers to seek professional valuation and legal advice before signing the dotted line. It also serves as a... read more
LESSEE FITOUT IN MARKET RENTAL VALUATION
Lessee’s fitout is usually not included or contested in an assessment of premises rental value. This matter included an obligation on the Lessee to spend a minimum of $1 million on fitting out the leased premises which comprised an iconic commercial building in the... read more
BEWARE ACCESS CONSENT Statutory Right Of User
Property owners should be wary of allowing others to access their property. The often-forgotten statutory right of user powers to acquire formal rights over adjoining land were awarded in two recent cases. Land owners are often shocked to learn that neighbours can... read more
LEASE BREACH VOIDS OPTION
A lessee was refused exercise of option after it was deemed to have breached lease terms and conditions. An Appeal Court overturned an earlier decision after considering issues of unauthorized underletting, failure to keep the premises clear of termites, CPI rent... read more
RENTAL DETERMINATION VOID
This rental dispute highlights that tenants and landlords cannot contract outside the law (Retail Shop Leases Act Qld), even with agreement between the parties to a particular procedure. The parties to a Surfers Paradise restaurant shop lease were unable to agree on... read more
NEW RESIDENTIAL CONTRACT LAWS – BUYER BEWARE
PAMDA is dead, long live four new Acts … including the Property Occupations Act 2014, where the new rules have substantial impacts on most residential sale contracts including: The vendor or their agents no longer have to provide a purchaser with a Form 30c, which... read more
LEASE INCENTIVE CLAWBACK VOID
The dangers of Incentive Deeds separate from a Lease have been highlighted by a recent $1.2M claim against Lease guarantors. A legal firm leased office premises November 2010 at a rental just under $800K pa, but by mid 2013 the premises were abandoned and the firm in... read more
BETTERMENT v DISTURBANCE – RESUMPTION COMPENSATION
A pioneering Appeal Court decision has confirmed that resumption compensation for “Disturbance” cannot be reduced even when the resumption increases the value of the remaining property through “Betterment”. Disturbance refers to consequential costs considered... read more
DIFFERENTIAL RATES WIN FOR PROPERTY INVESTORS
The rampant pillaging by Qld Councils of non-voting ratepayers has been partially checked following a milestone Supreme Court ruling last week. Unlike other States, Qld Councils have few limitations to plunder at will in a blatant political vote-buying strategy of... read more