Developers play a key role in the development of housing for Australian communities. However, composing a site is a complex and intricate process because owners 'hold out' to achieve maximum possible prices. This paper proposes that legislative reform is necessary to aid in housing renewal. Housing renewal may counteract problems of land scarcity, population growth, ageing buildings and urban sprawl. Compulsory acquisition case law in Australia and the United States is compared to identify a viable option for legislative reform. Two proposals are suggested that may assist housing renewal, drawing upon advantages and learning from the mistakes of American experience.
Complex laws regulate the development and management of Queensland community titles schemes. Different legislative regimes co-exist, including the Body Corporate and Community Management Act 1997 (Qld) (‘BCCM Act’) and its predecessor, the Building Units and Group Titles Act 1980 (Qld) (‘BUGT Act’). This article considers by-laws under the BUGT Act regulating short-term holiday letting post the decisions in Fairway Island GTP v Redman [2019] QMC 13 and Redman v The Proprietors – Fairway Island GTP 107328 [2020] QDC 68. It compares the BCCM Act and BUGT Act requirements and argues that similarities in by-law making powers under the two may appear to blur the divisions between them. However, the positions under each Act are in stark contrast, rendering the cases distinguishable for BCCM Act schemes, a desirable outcome. The article also explores arguments in favour of self-regulation, and the governmental response in New South Wales, Victoria and Western Australia.
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