Australia: Construction & Planning

The second tranche of NSW planning law reforms commenced on 21 March 2026 and are already changing how councils manage development assessment. This second tranche of reforms place emphasis on councils and consent authorities to provide timely determinations, identify issues with applications and to provide clear communication with applicants.

In most strata schemes, disputes rarely begin with a question of law. They usually start with a practical issue: a part of the common property in the building is no longer working as it should, concerns are raised and a decision needs to be made about what to do next. Very quickly, however, that practical problem can turn into a legal one.

Chris Bergin from Cathro & Partners speaks with Julian Heatherich, Director of Commercial Sales at Savills, about Victoria's commercial property market challenges and opportunities. With over 25 years of real estate experience, Julian examines how rising construction costs, tighter funding conditions, and reduced transaction volumes are reshaping the landscape for developers, investors, and lenders.

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).

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.

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.

The construction sector continues to face one of the tightest labour markets in Australia. Demand for housing and major infrastructure has surged, yet the supply of skilled workers has not kept pace. Jobs and Skills Australia data consistently highlights construction trades, such as bricklayers, carpenters, plasterers, and electricians, in persistent deficit.

Construction contracts require careful attention to annexures—the attached documents that contain critical project details like scope, commercial terms, and compliance requirements. While parties often focus heavily on negotiating terms and conditions, overlooking inconsistencies or gaps in annexures can lead to disputes and operational challenges that undermine the entire agreement.

On 4 March 2026, the Supreme Court of NSW handed down a decision which discussed the distinction between works defects and incomplete works, explored whether mere dissatisfaction of works is deemed defective, and provided a reminder of the importance of an expert witness’ independence when preparing a report (lest their opinion be given less weight as a consequence).