Australia: Real Estate

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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.
Article
First ACCC Rejection Under Australia’s New Merger Regime: What It Means For Supermarkets And Their Landlords
The Australian Competition and Consumer Commission has issued its first formal rejection under the country's new mandatory merger regime, blocking Coles' proposed acquisition of a leasehold interest for a supermarket development in Kalgoorlie. This landmark decision signals a significant shift in how regulators will scrutinize supermarket expansion projects, particularly in regional markets, and raises critical questions about the competitive implications of greenfield developments that don't involve acquir
Australia Anti-trust
HR
Holding Redlich
Article
Decision Alert: Supreme Court Of New South Wales Clarifies When Liability For Duty Arises In Context Of Electronic Transactions
On 30 June 2026 the Supreme Court of New South Wales handed down its judgment in Forever Grateful Holdings Pty Ltd v Chief Commissioner of State Revenue [2026] NSWSC 761, which clarified the point in time at which the relevant facts are to be considered when determining a duty liability arising under the Duties Act 1997 (NSW) (Duties Act).
Australia Tax
KL
Herbert Smith Freehills Kramer LLP
Article
What Is Considered ‘Defective Works’ And The Importance Of Expert Witness Independence
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).
Australia Real Estate
BN
Barry Nilsson
Article
AML/CTF Countdown: Does The Travel Rule Apply To Property Developers?
From 1 July 2026, Australia's Anti-Money Laundering and Counter-Terrorism Financing reforms will bring parts of the real estate sector into sharper regulatory focus. For property developers, one question is already emerging – could the 'travel rule' apply to how project funds, deposits or digital value move through a transaction? This article examines when the travel rule applies to property developers and what practical steps may be required.
Australia Commercial
HR
Holding Redlich
Article
Ober­to Pty Ltd v The Own­ers Stra­ta Plan No 2004 No 2 [2026] NSW­CATCD 24 & Costs In Stra­ta Dis­putes – Rule 38 Of Civ­il And Admin­is­tra­tive Rules 2014
A lot owner successfully claimed damages against an owners corporation for breach of statutory duty, with the Tribunal awarding costs under rule 38 despite the final award being under $30,000. The owners corporation's attempts to reduce the claim amount through pre-payments and Calderbank offers were rejected by the Tribunal.
Australia Litigation
S
Swaab
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