Australia: Real Estate

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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
Article
Victoria’s Amended Security Of Payment Act: Recourse And Return Of Performance Security
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.
Australia Real Estate
HR
Holding Redlich
Article
NSW Supreme Court Confirms That A Prior Acquisition In A Public Landholder Is Not To Be Disregarded Where A Subsequent Acquisition Occurs
The NSW Supreme Court's decision in ISPT Pty Ltd v Chief Commissioner of State Revenue addresses whether a taxpayer's acquisition of a 19.46% interest in a private landholding unit trust must be aggregated with a previously acquired 75.8% interest obtained when the trust was still a public landholder.
Australia Real Estate
KL
Herbert Smith Freehills Kramer LLP
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