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
LRBAs Are Not Dead: What Are Some Options To Use LRBAs Moving Forward?
Recent legislative changes have restricted how self-managed superannuation funds can use limited recourse borrowing arrangements, particularly for residential property acquisitions. Business owners and primary producers may still leverage these arrangements to acquire commercial premises and farming land through their SMSFs. Understanding the new definition of business real property and available investment options is crucial for SMSF trustees navigating these regulatory changes.
Australia Wealth Mgt
BP
Bennett & Philp Lawyers
Article
Decen­ni­al Insur­ance For New Apart­ment buildings
The New South Wales Government has introduced Decennial Liability Insurance (DLI), a groundbreaking 10-year no-fault insurance policy for new apartment buildings that guarantees protection against serious defects even if developers or builders become insolvent. This legislative reform, passed through the Fair Trading and Building Legislation Amendment Bill 2026, fundamentally changes how apartment owners are protected from structural failures and serious defects.
Australia Real Estate
S
Swaab
Article
Land Valuation For Renewables Projects – Important Case Update
The Queensland Court of Appeal has delivered a landmark decision on land valuation methodology for renewable energy projects, examining whether a 500MW solar farm and battery storage facility should be valued as rural or non-rural land. The case centered on a dispute involving nearly six million dollars in valuation differences and raises critical questions about how development approvals for renewable energy infrastructure impact statutory land valuations under Queensland's Land Valuation Act 2010.
Australia Energy
CG
Cooper Grace Ward
Article
NSW Government Bulletin: Easements And The Hidden Liability In Government Land Ownership
Government agencies routinely acquire land with easements, but who bears responsibility for maintaining the infrastructure? This bulletin examines the often-overlooked question of repair and maintenance obligations for easement-related infrastructure, exploring both express contractual terms and common law principles. Understanding these hidden liabilities is crucial for government land management and acquisition due diligence.
Australia Real Estate
HR
Holding Redlich
Podcast
Podcast: SMSFs With CGW – Ban On SMSFs Using Borrowing To Acquire Residential Real Estate From August 2026
Cooper Grace Ward's latest podcast episode examines the new restrictions on SMSF borrowing for real estate purchases, clarifying widespread misconceptions about what constitutes a 'residential real estate ban.' Partners Scott Hay-Bartlem and Clinton Jackson, alongside senior associate Keeghan Silcock, break down the business real property test requirements and explain the critical transitional rules taking effect from August 2026.
Australia Wealth Mgt
CG
Cooper Grace Ward
Article
Building (Approvals And Practitioners) Bill 2026 Insights – Part 3 Of 3: Duty Of Care
This comprehensive analysis examines the Building (Approvals and Practitioners) Bill 2026, focusing on its duty of care provisions that draw heavily from the Design and Building Practitioners Act 2020. The article explores key changes including the decoupling of construction work definitions, clarification of manufacturer and supplier obligations, and provisions for prefabricated buildings, while noting that many controversial aspects of the duty of care remain uncodified and subject to judicial interpretat
Australia Real Estate
HR
Holding Redlich
Article
The Low And Mid-Rise Housing Reforms - What Will It Take To Turn Planning Reform Into Housing Delivery?
NSW's Low and Mid-Rise Housing reforms aim to address the state's housing shortage by permitting diverse housing types near transport hubs, but a recent panel discussion revealed a critical question: will removing planning barriers alone actually deliver more housing? The debate highlights tensions between state intervention and local government authority, while examining whether planning reform can overcome feasibility challenges, infrastructure constraints, and affordability concerns that continue to impe
Australia Real Estate
BP
Bartier Perry
Article
Retail leasing law changes for NSW - key impacts for councils
Proposed reforms to NSW retail leasing law could significantly expand what qualifies as a retail lease, potentially capturing council arrangements like café kiosks, community centre shops, and ancillary areas such as car parks and signage rights. Understanding these changes is crucial for councils to avoid unintended compliance obligations and maintain flexibility in their property arrangements.
Australia Real Estate
BP
Bartier Perry
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