Real Estate Law and Construction Law

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.

Local governments in Western Australia increasingly use artificial intelligence to streamline procurement assessments for expressions of interest and requests for tender.

From 15 April 2026, far-reaching changes to construction contracts and payment claim processes in the Victorian building and construction industry will take effect. These will have a significant, immediate and retroactive impact on the rights and obligations of parties to construction contracts in Victoria.

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.

This case note is particularly relevant for builders, developers, homeowners and purchasers of residential property. The decision effects when insurance will respond to defective building work any may significantly impact your ability to recover rectification costs, especially if you are buying or selling a property some years after construction.

Major reforms to the Building and Construction Industry Security of Payment Act 2002 (Vic) came into effect on 15 April 2026. The reforms overhaul key aspects of the security of payment regime and represent the most significant changes to the legislation in nearly 20 years.

Thoughts on operation of Qld's "new" Property Law Act – in particular the new concept of the Seller Disclosure regime.

A clear, well-documented disclosure process on behalf of the real estate agent preserves the integrity of the sales process.

Purchasers in NSW have no s66S cooling off period rights where a contract for sale of residential property is formed pursuant to a call option or a put option.

Ambiguous make good provisions are a leading source of commercial lease disputes, as courts interpret undefined terms from context rather than the parties’ intent, often producing outcomes neither party anticipated and litigation costs that exceed the cost of careful drafting.

'Quiet enjoyment' might constitute your plans for the weekend after a busy week, but it is also an express covenant that appears in most retail, commercial, industrial or residential leases to protect a tenant’s right to use the property without unreasonable landlord interference. Even if a lease is silent on this matter, it is still commonly implied unless the lease expressly excludes it.

It is not uncommon for a lease to quietly expire without the landlord and tenant having discussed what happens next. Sometimes the tenant simply continues operating from the premises as if nothing has changed.