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.

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

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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

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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

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Barry Nilsson

Proving Major Building Defects Under the Home Building Act

Australia Real Estate

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Swaab

How Does Statutory Interpretation Impact Building Disputes In NSW?

Australia Real Estate

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Swaab

Court Of Appeal Clarifies Contractual Obligations - Lessons From XJS World V Central West Civil

Australia Real Estate

BP

Bartier Perry

Cracks In The Duty: When Engineers Miss The Foundations

Australia Real Estate

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Barry Nilsson

Victoria's Security Of Payment Reforms: Unfair Time Bars In Construction Contracts

Australia Real Estate

HR

Holding Redlich

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

Australia Real Estate

HR

Holding Redlich

Compensating For Town Planner Negligence

Australia Real Estate

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Barry Nilsson

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

Australia Real Estate

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Swaab

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

Australia Real Estate

KG

K&L Gates LLP

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

Australia Real Estate

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LegalVision

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

Australia Employment

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Swaab

Can an employer refuse your resignation?

Australia Employment

HP

Hall Payne Lawyers

A Divorce, A Debt And A Duty: Shao v Crown Global Capital Pty Ltd

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Podcast: SMSFs With CGW – What Is Happening With Division 296 Tax? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

Clarifying misconceptions of abandonment of employment

Australia Employment

BP

Bartier Perry

Building The Future: Construction And The Energy Transition

Building the Future: Construction and the Energy Transition 2025 (UK & EMEA) addresses the evolving legal landscape in the UK and EMEA, as the regions' construction industries continue to adapt...

Australia Energy

KL

Herbert Smith Freehills Kramer LLP

Strata Wars - Why Common Property Is The New Legal Battleground

This article explores two significant legal decisions that clarify the scope of an OC's duty under section 106 of the SSMA.

Australia Real Estate

BP

Bartier Perry

Future cities: leveraging regulatory change to drive innovation and growth

As Australia's cities continue to evolve, it's essential that regulatory frameworks adapt to meet emerging social and economic needs.

Australia Real Estate

CC

Corrs Chambers Westgarth

Insights Into Property And Debt Market

The construction industry is under immense financial pressure, with insolvencies hitting record levels-yet capital is readily available if feasibility and labor align.

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

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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

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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

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

This decision provides practical guidance on when a ‘payment claim' is taken to have been made (and the date from which the maximum period for providing a payment schedule is to be counted)...

Australia Real Estate

KL

Herbert Smith Freehills Kramer LLP

NSW Supreme Court finds slab defects do not guarantee full replacement

Recent case shows courts favour reasonable, proportionate remedies & warns plaintiffs against claiming only costly fixes without evidence of alternatives.

Australia Real Estate

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Barry Nilsson

Qld Govt Seeking Feedback On Sunset Clauses

The Queensland Government has released online surveys to evaluate the effectiveness of 2023 reforms.

Australia Real Estate

CG

Clifford Gouldson Lawyers

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

Updates to the property market.

Australia Real Estate

HR

Holding Redlich

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

Australia Real Estate

HR

Holding Redlich

Understanding Australia's Construction Industry Collapse Crisis

Over the past few years, Australia's construction sector has been facing unprecedented pressure, and by mid-2025, the effects have become painfully clear.

Australia Real Estate

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IR Global

Using Your Construction Contract To Manage And Mitigate Contractor Insolvency risk

Nine essential clauses to consider for inclusion in the construction contract.

Australia Real Estate

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Swaab

AS4000:2025 – What is all the fuss about?

The new AS4000:2025 modernises terms & updates laws but keeps risk allocation largely unchanged, so contracts still need careful review & amendment.

Australia Real Estate

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Swaab

Amendments to Victorian planning schemes streamline single dwelling and small second dwelling applications

The Amendment will streamline the planning process for these dwellings in a similar way to the changes made by Amendment VC267.

Australia Real Estate

HR

Holding Redlich

Liquidated damages in construction contracts: Enforceability and common disputes

Australia Real Estate

HR

Holding Redlich

The New Building & Plumbing Commission ("BPC") And What It Means For Consumers

Australia Real Estate

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PCL Lawyers

Residential Focus: HBCF eligibility decisions – too challenging to challenge?

Australia Real Estate

HR

Holding Redlich

It's Plan-demonium Without Consent: Court Considers Consent Requirements In Commercial Leases

Australia Real Estate

KL

Herbert Smith Freehills Kramer LLP

Understanding intellectual property in the construction industry

Australia Real Estate

HR

Holding Redlich

Strictly served: Unread emails and premature service

Australia Real Estate

PA

Piper Alderman

The 2% Rule - What The New Developer Bond Regime Means For Developers

Australia Real Estate

KL

Herbert Smith Freehills Kramer LLP

Water pollution: The crime that's hard to avoid

Australia Real Estate

CG

Coleman Greig Lawyers

Limitation to the letter – clarifying the 10 year long-stop under the HBA

Australia Real Estate

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Kennedys

Principal contractor not liable for injuries to sub-contractor on construction site

Australia Real Estate

HP

Hall Payne Lawyers

What is a sunset clause and why does it matter?

Australia Real Estate

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PCL Lawyers

Statutory demands in construction - Complete guide

Australia Real Estate

SL

Stonegate Legal

NSW case review: Electrician's contractor licence denied but granted on appeal

Australia Real Estate

HP

Hall Payne Lawyers

Defective Building Work – Know Your Rights as a New Homeowner in Queensland

Australia Real Estate

MD

McCarthy Durie Lawyers

Victoria's New Developer Bond Scheme: Implications For Developers

Australia Real Estate

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K&L Gates LLP

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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 37 – Cladding Safety Victoria (CSV): the Victorian Government $600m defective cladding solution

CC

Corrs Chambers Westgarth

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