Home

Real Estate Valuers and Property Dispute Specialists

We are a Brisbane based property valuation and real estate advisory service that networks with other property disciplines to provide personalised property assistance and specialised valuation services throughout Queensland and northern NSW, Australia. We are a boutique, cost-effective practice established 2002AD.

We offer independence second to none. We have no allegiances with nor contractual obligations to resuming authorities, government agencies, banks or financial institutions. We do not engage in agency sales, leasing, or management. This allows us to deliver unbiased advice that is completely free from conflict of interest. That’s genuine professional autonomy.

MARKET VALUATIONS

  • sale / purchase / due diligence
  • family law / asset settlement / financial restructuring
  • stamp duty / capital gains tax / asset testing

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 Surfer 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 warning... 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

MARKET VALUE -v- FORCED SALE

A high profile Sydney court battle highlights the inherent conflict between the industry adopted meaning of “Market Value” and a Mortgagee’s duty under Section 420A of the Corporations Act when undertaking a “Forced Sale”. The Act requires in exercising a power of... read more

LIQUIDATOR CAN INVALIDATE LEASE

The High Court has just confirmed that a Liquidator of an insolvent Lessor company has the ability to disclaim a lease agreement thus extinguishing Lessee rights. Tenants in this scenario may have their tenure reduced akin to an unsecured creditor. Implications are... read more

UNIT BUYERS BEWARE

From today 01 August 2013, amendments to the Body Corporate and Community Management Act 1997 (BCCM Act) take effect. Buyers will now need to conduct more thorough due diligence because sellers are no longer required to provide: • a copy of the Community Management... read more

PROPERTY INVESTMENT SPRUIKER SCAMS

Despite repeated ‘in your face’ warnings to seek independent valuation, investment & legal advice, there seems a ready supply of ‘suckers’ available for plucking by shoddy spruikers selling overpriced units/ townhouses promising returns that are usually not... read more

LAND VALUE CONCESSIONS BENEFIT SELECT FEW

The next time you are passing a house on a large block in a built up location or a small farm in the suburbs, chances are that you’re subsidising their Council rates and State land tax … enjoy. Here’s why …. A 2012 token review of the Land Valuation Act... read more

LESSEE WINS RESUMPTION COMPENSATION

A benchmark Appeal Court decision has awarded lease relocation costs after it was refused because the tenant remained in occupation after resumption. Interpretation of Sec 18(3) Acquisition of Land Act was the key issue. The Department of Transport and Main Roads... read more

DIFFERENTIAL RATING – LEGALISED ROBBERY??

The willingness of QLD Local Councils to indiscriminately pillage the very industries that are the lifeblood of their local economies though the discriminatory differential rating regime has achieved to new heights (or lows) in the latest round of 2012-13 Council... read more

WHALE BOAT BREACHES QUIET ENJOYMENT

A dispossessed tenant has been awarded $100K in damages primarily from the obstruction of panoramic waterfront views over the Hervey Bay marina. The restaurant business declined significantly, the rent fell into arrears, and the landlord took possession. The decision... read more

MANAGEMENT RIGHTS (& WRONGS) REVIEW

QLD has an obsession for a “paper tenure” that can turn as toxic as GFC derivatives.  A body corporate investment can mutate into a living hell when disputes between managers and unit owners arise. These property rights emerged in the 1970s as a fledgling cottage... read more

LESSEE ASSIGNOR RELEASED OF OBLIGATION

Surrender or Extension were the key arguments when a large Surfers Paradise centre owner was unsuccessful in pursing a former Lessee owner of a newsagency premises that were assigned to a subsequent purchaser of the business. This matter involved complex legal issues... read more

COURT AWARDS BOUNDARY WALL ACCESS

The outcome of a dispute between two canal property owners is a reminder of the “statutory right of user” powers available to acquire tenure over adjoining property. It also sets a nominal compensation precedent potentially applicable to similar scenarios. The... read more

RETAIL SHOP LEASE CHANGES 2011

The year starts with significant changes impacting all leases falling under the Retail Shop Leases Act, 1) new lessor disclosure requirements and, 2) ratchet clauses to be outlawed again. Lessor Disclosure Requirements QLD, NSW & VIC have got together to... read more

NEW “SITE” VALUE FOR RATES & LAND TAX

The new Land Valuation Act (LVA) 2010 is a momentous departure from the previous system. The 66 year old dogma of unimproved land value is now replaced by site value as a basis of calculating Council General Rates and State land Tax for “non-rural” lands in... read more

LEASE BREACHED WHEN MAIL NOT POST

The Qld Supreme Court of Appeal unanimously overturned a lower decision, ruling a Lessee (Aust Post) was in breach of lease conditions concerning sub-letting and works without approval. The matter covers a range of connecting issues including permitted use, related... read more

GOVT OVERRIDES COURTS, CHANGES RULES

Our warning last year about rising property taxes grossly underestimated the now apparent Stalinist determination of the current state government to ride rough shod over 70yrs of established case law and valuation principles. Just before midnight 11 February 2010,... read more

OPTION DEAL DONE DIRT CHEAP

The painful consequences of getting an option renewal procedure wrong have again been highlighted recently where a tenant secured a 10 year option at around 50% the claimed market rental. The case also highlights the potential benefits of regular market rent review... read more

RESUMPTION BY STEALTH & DECEPTION

There seems a growing ‘new breed’ within in some Govt circles that callously disregard the trauma and loss caused by compulsory acquisition, particularly the threat of it. Two major issues are (1) the stand-over tactics used to force owners to settle compensation... read more

ROCKETING RATES & LAND TAX

A toxic mix of black-hole State and Council budgets, new legislation, aggressive valuation policy, & Land Tax ‘sleeper’ provisions, is producing a property tax explosion … and it’s only the tip of the iceberg. Both State and Local governments have business and... read more

RATCHET RENT RULING BLOW FOR TENANTS

In a split 2-1 decision, a Court of Appeal has ruled that rent “ratchet” clauses are valid in leases falling under the Retail Shop Leases Act. Such clauses artificially prevent rental from falling even though this may be indicated by a market review or CPI index.... read more