Asia: Real Estate and Construction

The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (‘Amendment Act’), which amends the Insolvency and Bankruptcy Code, 2016 (‘Code’), received Presidential assent on April 6, 2026. Most amendments took effect on May 26, 2026. However, three significant mechanisms the accelerated admission deadline, creditor-initiated resolution, and group insolvency have been enacted but have not yet come into force and will take effect only upon the issuance of a commencement notification by the Central Government under the applicable provisions of the Code.

The collapse of the Bathla Group has sent ripples through Australia's construction sector, raising critical questions about financial distress management in major projects. With Queensland delivering an unprecedented infrastructure pipeline amid margin pressures and market uncertainty, are project participants adequately prepared to identify and respond to insolvency warning signs before external administrators arrive?

This monthly roundup examines five significant NSW Supreme Court and Court of Appeal decisions from August 2026 that clarify critical aspects of the Building and Construction Industry Security of Payment Act 1999, including payment claim validity, procedural fairness in adjudications, and enforcement of judgment debts. The cases address contentious issues such as the 12-month limitation period for payment claims, the relevance of unpaid judgment debts in security for costs applications, and the scope of sec

Home Affairs Minister Tony Burke yesterday announced migration reforms that will expand skilled visa priority processing to the agriculture, resources, and fisheries sectors. The minister also indicated that the construction and teaching sectors will be added for priority processing. Eligible onshore skilled visa applicants in construction and teaching already receive high-priority processing under Ministerial Direction 119, behind defence and law enforcement.

Government agencies routinely acquire land with easements, but who bears responsibility for maintaining the infrastructure? This bulletin examines the often-overlooked question of repair and maintenance obligations for easement-related infrastructure, exploring both express contractual terms and common law principles. Understanding these hidden liabilities is crucial for government land management and acquisition due diligence.

Defective land titles in India create significant challenges for property buyers, often making ownership far more complicated than official documentation suggests. Understanding the complexities of property due diligence becomes essential when navigating India's intricate land ownership system and protecting yourself from potential legal disputes.

The Queensland Government has launched a review of the Retail Shop Leases Act 1994, examining how the legislation governs rights, obligations and dispute resolution for retail tenancies. This review comes amid significant growth in retail turnover, constrained floorspace, rising rental prices, and a dramatic increase in mediation applications—from 24 in 2021-22 to 305 in 2024-25.

Directors who sign retail leases on behalf of company tenants often provide personal guarantees without fully understanding the scope of their liability. This liability can extend far beyond unpaid rent to include outgoings, interest, make-good costs, and enforcement expenses, persisting even after resignation or business sale. Understanding the distinction between guarantees and indemnities, and knowing when statutory protections may apply, is essential for directors seeking to limit their personal exposur

When can a commercial landlord in Queensland legally terminate a lease, and what procedural requirements must be followed? Understanding the distinction between a tenant's breach and the landlord's right to re-enter is critical, as non-compliance with the Property Law Act 2023 can invalidate termination attempts and expose landlords to legal risk.

Selling property with tenants in place requires careful navigation of vacant possession requirements, termination notice periods, and GST implications. Understanding the legal framework for residential and commercial tenancies, including minimum notice periods under NSW legislation and lease registration requirements, DUPE

Defective land titles in India create significant challenges for property buyers, often making ownership far more complicated than official documentation suggests. Understanding the complexities of property due diligence becomes essential when navigating India's intricate land ownership system and protecting yourself from potential legal disputes.

The Bombay High Court recently delivered a significant judgment in Flagship Infrastructure Limited addressing the applicability of Maharashtra Ownership of Flats Act (MOFA) provisions to deemed conveyance proceedings in township projects. This ruling examines whether traditional flat ownership regulations extend to large-scale residential developments and what implications this holds for property rights in integrated townships.