Australia: Real Estate and Construction

The NSW Supreme Court explored the application of a settlement agreement arising in prior NCAT proceedings to the performance of repair works, as well as considered the respective defendants’ liability under separate claims pursuant to the Design and Building Practitioners Act 2020 (NSW) and the Home Building Act 1989 (NSW).

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.

The NSW Fair Trading and Building Legislation Amendment Bill 2026 has passed both houses and received assent, introducing significant reforms to building regulation and insurance requirements. Key changes include expanded coverage for Decennial Liability Insurance, enhanced powers for NSW Fair Trading and the Building Commission, and modifications to professional indemnity insurance exemptions for building practitioners. While some provisions take immediate effect, major reforms including the DLI expansion