This policy sets how Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust ABN 26 727 035 703 and its related companies and trusts (we, us, our) collects, uses, discloses and manages your personal information and how we comply with the Privacy Act 1988 (Cth) (“Privacy Act”, “The Act”).
We are required to comply with the Australian Privacy Principles (APPs) in the Privacy Act. The APPs regulate the manner in which personal information is handled throughout its life cycle, from collection to use and disclosure, security, accessibility and disposal.
Sensitive information is a subset of personal information that is generally afforded a higher level of privacy protection, such as health information. We only collect sensitive information where it is reasonably necessary for our functions or activities and either:
We may collect your personal information in the following ways:
We may also collect personal information from third parties including but not limited to, marketing agencies, mortgage brokers, credit reporting agencies, law enforcement agencies and other government entities.
Parties to whom we may disclose relevant personal information include:
We may be required to disclose personal information to third parties located overseas for some of the purposes listed above.
We take reasonable steps to ensure that all information we collect, use or disclose about you is accurate, complete and relevant. If you believe that we hold incorrect, incomplete or irrelevant information about you, please notify us and we will try to update the information as soon as possible. You may access your information held by us (subject to some exceptions allowed by law) without charge. If you would like to know what information we hold about you, please contact our office by post at GPO Box 2030 Brisbane Qld 4001.
No employee is able to access information they do not require for their duties. There are passwords in place to restrict access to confidential and personal information to those who need it to perform their duties.
Providing a great customer experience is important to us. If you have any concerns or believe that we have breached your privacy rights, please contact our office by telephone on 0438 809 705 or by email at firstname.lastname@example.org. If we do not answer your concerns in a satisfactory manner, you have the right to make a complaint to the Australian Information Commissioner, at www.privacy.gov.au or on 1300 363 992.
Welcome to www.aviarytoowong.com.au (Site).
By using or accessing any part of the Website or the Content, you agree to be bound by the Terms in effect at that time, and it is your responsibility to regularly check for any updates to these Terms. The Website and the Content are also subject to change at any time without notice.
While we have endeavoured to ensure that the Content, including information in relation to apartments, commercial spaces such as dimensions, sizes, inclusions, facilities, specifications, amenities, infrastructure, the configuration of these, drawings, plans and images and other information contained in this Website are correct, it is based on a range of variable factors including information provided by external architects and consultants. This information may change depending on a number of factors, including but not limited to; council building approvals and planning consents, market conditions, finance and government and municipal requirements. As a result, the Content is subject to change without notice.
Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust also does not provide you with legal, financial or other advice by means of the Website or the Content. We recommend that you
(a) independently confirm that the apartment you wish to purchase, and/or office space you wish to lease meets all your needs and expectations;
(b) familiarise yourself independently with the purchase and /or lease process, and the associated legalities; and
(c) seek appropriate and independent legal and financial advice.
Terms & Conditions
2.2 We reserve the right to modify or terminate the Site or your access to the Site for any reason, without notice, at any time and without any liability to you.
2.4 You acknowledge and agree that;
2.5 You agree that we may include any advertising and promotions on Site at our sole discretion. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
2.6 Your Conduct
While using the Site, you will not:
2.6.1 upload any viruses or other malicious code;
2.6.2 use or access the Site if you are unable to form legally binding contracts or are under the age of 18;
2.6.3 post, distribute, upload, publish or disseminate any illegal, discriminatory, threatening, defamatory or offensive content;
2.6.4 post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
2.6.5 harvest or otherwise collect information about other users, including email addresses, without their consent;
2.6.7 solicit other users’ login information or attempt to access an account belonging to someone else;
2.6.8 use the Site in any manner which might damage, disable, overburden, or impair the Site or interfere with any user’s use and enjoyment of the Site, such as a denial of service attack;
2.6.9 defame, bully abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of our staff or other users;
2.6.10 fail to comply with all applicable laws, rules and regulations during your use of the Site, including without limitation, laws related to copyright;
2.6.12 infringe any third party’s rights including intellectual property rights.
2.7.1 The Site and the information, content, illustration, images, statements, figures, calculations and representations including any blog posts or podcasts contained within it are for presentation purposes only and are subject to change without notice as a result of a range of variable factors, including changes in governmental policy or global economic climate. We recommend that you confirm the most current information at the time and consult an independent advisor when necessary.
2.7.2 Whilst the Site has been prepared with all reasonable care and thought, no warranty is given as to the accuracy, currency or completeness of the information contained within it and it is not intended to be relied upon in any way.
Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust, its related companies and their consultants and agents accept no responsibility for any of the information contained in this Site or for any action or omission taken in reliance upon it by any party including any user, client or potential client.
If you have been introduced to the Site or the services offered by Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust by a third party, that third party may have received a commission for the introduction.
Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust makes no, and expressly disclaims any, representation or warranty that the Site will be available or secure for use by you at all times or at any particular time.
We are not responsible in circumstances where the Site or any part of it is unavailable at any time due to a power outage or server outage. We have no control over, and no responsibility for, the functioning network you use to access the Site.
Without limiting our other remedies, we may limit, suspend or prohibit access to the Site or any part of it, delay or remove content, and take technical and legal steps to keep you off the Site for any reason.
3.1 Our liability
3.1.1 To the fullest extent permitted by any applicable law,
3.1.2 To the fullest extent permitted by any applicable law,
3.1.3 To the extent
(a) the supply of services again; or
(b) payment of the cost of having the services supplied again.
3.2.2 You are responsible for ensuring that your activities on the Site are lawful (including by ensuring you have obtained all necessary consents, permits and authorisations).
5.2 At the time of collecting your personal information, we will take reasonable steps to bring our privacy collection statement to your attention.
6.3 Waiver and Exercise of Rights
6.3.2 No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
6.4 No Relationship
6.6 No Merger
6.7 Rule of Construction
6.8 Links to Third Party Sites
The Site may contain links to other web sites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by use of the Linked Site or any association with its operators.
We make no representation that the Site is accessible, appropriate or legally permissible for use in locations outside of Queensland, Australia and accessing and using the Site is prohibited from jurisdictions where doing so would be illegal.
You can download and print additional copies of the Due diligence checklist (Word, 58KB).
Before you buy a home or vacant residential land, you should be aware of a range of issues that may affect that property and impose restrictions or obligations on you, if you buy it. This checklist aims to help you identify whether any of these issues will affect you. The questions are a starting point only and you may need to seek professional advice to answer some of them. For more information about professional advice, view Seek expert advice on property.
All sellers or estate agents must make this checklist available to potential buyers of homes or residential property.
Sellers or estate agents must:
This page contains additional links to organisations and web pages that can help you learn more.
High density areas are attractive for their entertainment and service areas, but these activities create increased traffic as well as noise and odours from businesses and people. Familiarising yourself with the character of the area will give you a balanced understanding of what to expect.
For more information, visit:
If the property is part of a subdivision with common property such as driveways or grounds, it may be subject to an owners corporation. You may be required to pay fees and follow rules that restrict what you can do on your property, such as a ban on pet ownership.
For more information, view Owners corporations and read the Statement of advice and information for prospective purchasers and lot owners (Word, 53KB).
You should investigate whether you will be required to pay a growth areas infrastructure contribution.
For more information, visit Growth areas infrastructure contribution – Department of Environment, Land, Water and Planning (DELWP).
To find out if a property is within the Melbourne Strategic Assessment area, which has special requirements for biodiversity conservation, use the Obligations in the Biodiversity Conservation Strategy Area tool at Native Vegetation Information Management – DELWP.
Properties are sometimes subject to the risk of fire and flooding due to their location. You should properly investigate these risks and consider their implications for land management, buildings and insurance premiums.
For information about fire risk, visit Your property – DELWP.
For general information about flood risk, visit the Australian Flood Risk Information Portal – Geoscience Australia.
To find out who is responsible for floodplain management in your area, visit Catchment management framework – DELWP.
Catchment management authority websites:
If you are looking at property in a rural zone, consider:
You may wish to find out more about exploration, mining and quarrying activity on or near the property and consider the issue of petroleum, geothermal and greenhouse gas sequestration permits, leases and licences, extractive industry authorisations and mineral licences.
For more information, visit:
You should consider whether past activities, including the use of adjacent land, may have caused contamination at the site and whether this may prevent you from doing certain things to or on the land in the future.
For information on sites that have been audited for contamination, visit Land and groundwater pollution – EPA.
For guidance on how to identify if land is potentially contaminated, see the Potentially Contaminated Land General Practice Note June 2005 at Planning Practice Notes – DELWP.
You should compare the measurements shown on the title document with actual fences and buildings on the property, to make sure the boundaries match. If you have concerns about this, you can speak to your lawyer or conveyancer, or commission a site survey to establish property boundaries.
For more information, visit Land Use Victoria.
All land is subject to a planning scheme, run by the local council. How the property is zoned and any overlays that may apply, will determine how the land can be used. This may restrict such things as whether you can build on vacant land or how you can alter or develop the land and its buildings over time.
The local council can give you advice about the planning scheme, as well as details of any other restrictions that may apply, such as design guidelines or bushfire safety design. There may also be restrictions – known as encumbrances – on the property’s title, which prevent you from developing the property. You can find out about encumbrances by looking at the section 32 statement.
The local council can advise you if there are any proposed or issued planning permits for any properties close by. Significant developments in your area may change the local ‘character’ (predominant style of the area) and may increase noise or traffic near the property.
The local council can give you advice about planning schemes, as well as details of proposed or current planning permits. For more information, visit Browse planning schemes – DELWP.
A cultural heritage management plan or cultural heritage permit may be required prior to works being undertaken on the property. For help to determine whether a cultural heritage management plan is required for a proposed activity, visit Cultural heritage management plans, permits, agreements and tests – Aboriginal Victoria.
Building laws are in place to ensure building safety. Professional building inspections can help you assess the property for electrical safety, possible illegal building work, adequate pool or spa fencing and the presence of asbestos, termites or other potential hazards.
For more information, visit:
Owners of a pool or spa must:
For more information, visit Swimming pools and spas – VBA.
There are laws and regulations about how buildings and retaining walls are constructed, which you may wish to investigate to ensure any completed or proposed building work is approved. The local council may be able to give you information about any building permits issued for recent building works done to the property, and what you must do to plan new work. You can also commission a private building surveyor’s assessment.
For more information about building regulation, view Building and renovating.
For help to determine whether a cultural heritage management plan is required for a proposed activity, visit Cultural Heritage Management Plans – Aboriginal Victoria
Ask the vendor if there is any owner-builder insurance or builder’s warranty to cover defects in the work done to the property.
You can find out more about insurance coverage at:
Unconnected services may not be available, or may incur a fee to connect. You may also need to choose from a range of suppliers for these services. This may be particularly important in rural areas where some services are not available.
For help choosing an energy retailer, visit Victorian Energy Compare.
For information on possible impacts of easements, visit Land registration – Land Use Victoria.
For information on the National Broadband Network (NBN) visit NBN Co.
The contract of sale and section 32 statement contain important information about the property, so you should request to see these and read them thoroughly. Many people engage a lawyer or conveyancer to help them understand the contracts and ensure the sale goes through correctly. If you intend to hire a professional, you should consider speaking to them before you commit to the sale. There are also important rules about the way private sales and auctions are conducted. These may include a cooling-off period and specific rights associated with ‘off the plan’ sales. The important thing to remember is that, as the buyer, you have rights.
For more information, view Buying property.