Australia: Construction & Planning

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Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.

Integrated development – "opt-in" or a matter of fact?

Where integrated development may be engaged, ensure the correct deemed-refusal period (40 vs 60 days) is applied, and verify before filing that appeal rights have actually accrued and have not expired.

Australia Real Estate

MF

Matthews Folbigg Lawyers

NSW Housing Pattern Book: fast-track pathway now live for low-rise

The initiative provides a ten-day approval pathway for eligible sites, using selected residential housing designs.

Australia Real Estate

MF

Matthews Folbigg Lawyers

Data centre construction challenges and the rise of modular solutions

The increasing use of modular construction with data centre development is having a material impact on the overall energy strategy and usage around the world.

Australia Real Estate

HR

Holding Redlich

Residential Focus: What's new for regulation in the NSW Fair Trading and Building Legislation Amendment Bill 2026

Bill introduced to Parliament proposing a range of miscellaneous reforms relating to licensing and the powers of NSW Fair Trading and the Building Commission.

Australia Real Estate

HR

Holding Redlich

A Blow To The Reputation Of Unconditional Bank Guarantees?

Australia Real Estate

KL

Herbert Smith Freehills Kramer LLP

Geocon and Division 142 - the Full Court clarifies when overpaid GST is "passed on"

Australia Real Estate

BP

Bartier Perry

Construction Contract Damages

Australia Real Estate

CO

Carroll & O'Dea

Are Builders Personally Liable in Queensland

Australia Real Estate

SL

Stonegate Legal

Common property rights by-laws - what lot owners and Owners Corporations need to know

Australia Real Estate

BP

Bartier Perry

Mind the gap: When developing non-contiguous parcels of land may classify you a developer under the Home Building Act

Australia Real Estate

BN

Barry Nilsson

Productivity is paramount – lessons from the Queensland Productivity Commission's Construction inquiry

Australia Real Estate

HR

Holding Redlich

Deemed Refusal After 40 Business Days: When To Pull The Merits Appeal Trigger?

Australia Real Estate

P

PCL Lawyers

Improving construction industry productivity – land use regulation reforms

Australia Real Estate

HR

Holding Redlich

NSW Supreme Court decision provides new cladding compliance and ACL misleading conduct guidance

Australia Real Estate

GC

Gilchrist Connell

Employment Relations Podcast #46 – Safety In The Workplace: Drug And Alcohol Testing And Policies

Australia Employment

PA

Piper Alderman

Michael Byrnes discusses the Westpac WFH case on 2SM with Tim Webster

Australia Employment

S

Swaab

Employment Relations Podcast #45 – Employment Law For The Time Poor… Live!

Australia Employment

PA

Piper Alderman

Cross Examining Cyber EP23: Cross Examining Professor Ciaran Martin – Part 2 (Podcast)

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

New English Requirements For Visas

Australia Immigration

IL

Interstaff Immigration Agency

Contractual compliance and variations: Why shared assumptions don't guarantee payment

The Privy Council's decision is a clear endorsement of contractual certainty in construction projects. Whilst not a precedent, this will be persuasive in Australia.

Australia Real Estate

HR

Holding Redlich

Public hearings for the Queensland Commission of Inquiry into the CFMEU to continue

The Qld CFMEU construction industry inquiry is conducting public hearings through June 2026 under broad evidence-gathering powers.

Australia Real Estate

HR

Holding Redlich

Construction site accidents and injured workers

Falling from a height is the leading cause of traumatic injuries & fatalities in the NSW construction industry.

Australia Employment

S

Stacks Law Firm

Integral to agriculture - how are protected cropping structures characterised under NSW planning law?

Case highlights the role that land use characterisation plays in accommodating modern land use practices.

Australia Real Estate

HR

Holding Redlich

Building contract reviews – complete guide

Australia Real Estate

SL

Stonegate Legal

NSWCA Confirms In The Absence Of Appropriate Evidence, Owners Can Refuse Builder Rectification

Australia Real Estate

BN

Barry Nilsson

Residential Focus: Onus Of Proof And Failure To Mitigate (In The Media, In Practice and Courts, Publications and Cases)

Australia Real Estate

HR

Holding Redlich

One development, two towers and two occupation certificates (one interim and one final): when does the Home Building Act statutory warranty period commence?

Australia Real Estate

S

Swaab

Know your construction contract — a cautionary "time bar" tale from the WestConnex M5 motorway tunnel project, Sydney

Australia Real Estate

S

Swaab

Aqualand North Sydney Lavender Development Pty Ltd v The Owners — Strata Plan No 102091 [2025] NSWCA 143

Australia Real Estate

S

Swaab

How to Choose the Right Construction Contract: AS4122 Conditions vs Commercial Terms of Business

Australia Real Estate

S

Swaab

Restraint Of Trade Provisions In The Building And Construction Industry

Australia Real Estate

BP

Bartier Perry

Reform To The Victorian Security Of Payment Act

Australia Real Estate

P

PCL Lawyers

Understanding Contractual Obligations: Insights For Builders From Wang V Moutidis

Australia Real Estate

BN

Barry Nilsson

How to Choose the Right Construction Contract: AS4122 Conditions vs Commercial Terms of Business

In this article, we break down the key differences, explain when each option is most suitable, and share practical tips to help you achieve compliance and protect your business interests.

Australia Real Estate

S

Swaab

Restraint Of Trade Provisions In The Building And Construction Industry

Restraint of trade clauses are contractual provisions designed to limit a party's activities beyond the scope of their agreement.

Australia Real Estate

BP

Bartier Perry

Reform To The Victorian Security Of Payment Act

The purpose of the inquiry was to highlight the gaps in the current legislation and determine amendments to be made that promotes better compliance with the rest of Australia.

Australia Real Estate

P

PCL Lawyers

Understanding Contractual Obligations: Insights For Builders From Wang V Moutidis

The decision serves as a timely reminder that builders will be liable for defective work where it can be established those works formed part of the builder's scope of work.

Australia Real Estate

BN

Barry Nilsson

Proving Major Building Defects Under the Home Building Act

Australia Real Estate

S

Swaab

Victoria's new Unlocking Strategic Sites pathway opens door for landowners and developers

This initiative presents landowners who meet the eligibility criteria with a unique fast-track opportunity to re-zone underutilised land for future subdivision and development.

Australia Real Estate

HR

Holding Redlich

Compensating For Town Planner Negligence

The decision highlights how courts assess 'loss of chance' claims based on the likelihood of hypothetical outcomes.

Australia Real Estate

BN

Barry Nilsson

The risk of builder insolvency mid way through a construction project is real (and will probably be expensive)

Good planning and a collaborative approach can go a long way to mitigating these risks.

Australia Real Estate

S

Swaab

Interpretation Of Charging Clauses: Edwards Industrial Products Pty Ltd v Thwin And Zaw

Charging clauses are found in a raft of commercial documents including guarantees, construction contracts, agreements for lease, leases and deeds between a landowner and a local authority.

Australia Real Estate

KG

K&L Gates LLP

How do the changes to the BCI Act affect my construction company?

Australia Real Estate

L

LegalVision

Building The Future: Construction And The Energy Transition

Australia Energy

KL

Herbert Smith Freehills Kramer LLP

Strata Wars - Why Common Property Is The New Legal Battleground

Australia Real Estate

BP

Bartier Perry

Future cities: leveraging regulatory change to drive innovation and growth

Australia Real Estate

CC

Corrs Chambers Westgarth

Insights Into Property And Debt Market

Australia Real Estate

CP

Cathro & Partners

Should lenders have a builder's side deed?

Australia Real Estate

CG

Cooper Grace Ward

Reliance on AI and housing delivery; the perks and pitfalls

Australia Real Estate

PA

Piper Alderman

Security of Payment: How to protect your trade business and get paid faster

Australia Real Estate

SL

Sajen Legal

Paving The Way: Five Things You Need To Know About The NSW EP&A Act Amendments

Australia Environment

KL

Herbert Smith Freehills Kramer LLP

Victorian Security Of Payment Act Reforms Have Landed With A Retrospective Bite

Australia Real Estate

CC

Corrs Chambers Westgarth

The new Building & Plumbing Commission ("BPC") and what it means for Builders, Developers and Contractors

Australia Real Estate

P

PCL Lawyers

Statute Is King: Supreme Court Of WA Finds That The Strict Timeframes Provided Under WA's New Security For Payment Legislation Prevail Over Contractual Deeming Provisions

Australia Real Estate

KL

Herbert Smith Freehills Kramer LLP

NSW Supreme Court finds slab defects do not guarantee full replacement

Australia Real Estate

BN

Barry Nilsson

Qld Govt Seeking Feedback On Sunset Clauses

Australia Real Estate

CG

Clifford Gouldson Lawyers

In the Media: Residential Focus: More development projects given the green flag to proceed

Australia Real Estate

HR

Holding Redlich

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Latest Videos

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Insights Into Property And Debt Market

CP

Cathro & Partners

It Depends – Can my SMSF engage a related party builder?

CG

Cooper Grace Ward

What Queensland construction subcontractors should do when they are not getting paid - but usually do not

BP

Bennett & Philp Lawyers

Changes to the NSW Security of Payment Act

CG

Coleman Greig Lawyers

Corrs High Vis: episode 39 – Corrs projects update

CC

Corrs Chambers Westgarth

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