Australia: Real Estate and Construction

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Article
Email Service Under SOPA - What You Need To Know
A recent New South Wales District Court decision is a timely reminder that, under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA), the validity of service may turn on how the parties have actually conducted themselves during a project. In Reform Projects Pty Ltd v Burge St Developments Pty Ltd [2026] NSWDC 96, the Court held that an email address may be specified for service of a payment claim by implication, even where the contract does not expressly nominate an email address for that purpose.
Australia Real Estate
BP
Bartier Perry
Article
Key NSW Security Of Payment Decisions: Monthly Roundup For June 2026
This monthly roundup examines key NSW Supreme Court and District Court decisions interpreting the Building and Construction Industry Security of Payment Act 1999, analyzing how courts are applying the legislation's 'pay now, argue later' philosophy in disputes over adjudication determinations, payment claims, and enforcement stays. The decisions address critical issues including interlocutory injunctions, payment schedule validity, and the interplay between interim adjudications and final dispute resolution
Australia Real Estate
HR
Holding Redlich
Article
Decision Alert: Supreme Court Of Victoria Clarifies That A Prior Acquisition In A Public Landholder Is Not To Be Disregarded Where A Subsequent Acquisition Occurs
On 29 July 2026, the Supreme Court of Victoria handed down its judgment in ISPT Pty Ltd as trustee for ISPT Retail Australia Property Trust v Commissioner of State Revenue [2026] VSC 480, dismissing the taxpayer’s appeal against the Commissioner of State Revenue’s determination in relation to the acquisition of a “significant interest” in a landholder under the Duties Act 2000 (Vic) (Duties Act).
Australia Real Estate
KL
Herbert Smith Freehills Kramer LLP
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Article
Email Service Under SOPA - What You Need To Know
A recent New South Wales District Court decision is a timely reminder that, under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA), the validity of service may turn on how the parties have actually conducted themselves during a project. In Reform Projects Pty Ltd v Burge St Developments Pty Ltd [2026] NSWDC 96, the Court held that an email address may be specified for service of a payment claim by implication, even where the contract does not expressly nominate an email address for that purpose.
Australia Real Estate
BP
Bartier Perry
Article
Key NSW Security Of Payment Decisions: Monthly Roundup For June 2026
This monthly roundup examines key NSW Supreme Court and District Court decisions interpreting the Building and Construction Industry Security of Payment Act 1999, analyzing how courts are applying the legislation's 'pay now, argue later' philosophy in disputes over adjudication determinations, payment claims, and enforcement stays. The decisions address critical issues including interlocutory injunctions, payment schedule validity, and the interplay between interim adjudications and final dispute resolution
Australia Real Estate
HR
Holding Redlich
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Conveyancing

Article
Decision Alert: Supreme Court Of New South Wales Clarifies When Liability For Duty Arises In Context Of Electronic Transactions
On 30 June 2026 the Supreme Court of New South Wales handed down its judgment in Forever Grateful Holdings Pty Ltd v Chief Commissioner of State Revenue [2026] NSWSC 761, which clarified the point in time at which the relevant facts are to be considered when determining a duty liability arising under the Duties Act 1997 (NSW) (Duties Act).
Australia Tax
KL
Herbert Smith Freehills Kramer LLP
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Estate Management

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Real Estate

Article
Decision Alert: Supreme Court Of Victoria Clarifies That A Prior Acquisition In A Public Landholder Is Not To Be Disregarded Where A Subsequent Acquisition Occurs
On 29 July 2026, the Supreme Court of Victoria handed down its judgment in ISPT Pty Ltd as trustee for ISPT Retail Australia Property Trust v Commissioner of State Revenue [2026] VSC 480, dismissing the taxpayer’s appeal against the Commissioner of State Revenue’s determination in relation to the acquisition of a “significant interest” in a landholder under the Duties Act 2000 (Vic) (Duties Act).
Australia Real Estate
KL
Herbert Smith Freehills Kramer LLP
Article
Building Defects, Big Consequences - Lessons From NCAT
Bartier Perry recently acted for homeowners in two separate cases in the NSW Civil and Administrative Tribunal (Tribunal). In both matters the homeowners were successful, demonstrating that builders who perform residential building works and fail to comply with the statutory warranties pursuant to section 18B of the Home Building Act 1989 (NSW) (the HBA) could face significant financial liability.
Australia Real Estate
BP
Bartier Perry
Article
Thinking Of Renovating Your Apartment? Understanding Strata Approval Requirements
Renovating within a strata scheme is rarely just a matter between a lot owner and their builder or contractor. Even works carried out entirely within a lot can affect common property – sometimes in ways that are not immediately apparent. For this reason, the Strata Schemes Management Act 2015 (NSW) (SSMA) establishes a structured approval regime designed to balance a lot owner’s right to renovate with the Owners Corporation’s responsibility to protect other lots, the common property, and the scheme as a whole.
Australia Real Estate
BP
Bartier Perry
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