Australia: Construction & Planning

Make good obligations in Queensland commercial and retail leases require tenants to return premises to a specified condition at the end of a lease, often involving removal of fitout, repair of damage, and reinstatement of alterations.

A builder can stop work for non-payment in Queensland, but only if they have a clear legal right to do so under either the construction contract or the Building Industry Fairness (Security of Payment) Act 2017 (Qld). Simply not being paid is not enough.

A recent NSW Supreme Court decision examines whether the 10-year statutory limitation period on building defect claims can be extended for contribution claims, and whether parties can amend pleadings on the final day before the limitation period expires.

The Building (Approvals and Practitioners) Bill 2026 represents a comprehensive overhaul of New South Wales' building approvals regime, introducing significant reforms to streamline processes and support housing targets.

In a recent decision of the Victorian Supreme Court, Justice Osborne considered the scope of s 52 of the Wrongs Act 1958 (Vic), which states that a plaintiff must prove causation.

The Queensland Productivity Commission has launched a public inquiry into the 2025 EPBC Act reforms, examining their impact on Queensland businesses and industries. With an interim report due later this year and final recommendations by April 2027, stakeholders now have a critical opportunity to submit evidence on regulatory burdens, compliance costs, and operational impacts.

Victoria's response to the combustible cladding crisis is entering its final phase with the introduction of the Cladding Safety Victoria Repeal Bill 2026. The Bill marks the conclusion of a world-first regulatory intervention that has overseen the rectification of more than 1,600 buildings since the wake of the 2017 Grenfell Tower fire.

Victoria's amended Security of Payment Act introduces significant changes to how contractors can claim the return of performance security and limits principals' rights to call on that security. The new statutory framework creates a formal process for security claims and imposes notice requirements that fundamentally alter the commercial risk allocation between parties in construction contracts.

While the facts of the decision in Leto v Secretary Department of Customer Service [2026] NSWCATOD 26 (Leto v Secretary) are obviously very specific, an insolvency in an applicant’s trading history is frequently...