Australia: Constitutional & Administrative Law

Easements present significant challenges in property development, from securing third-party consent for infrastructure connections to navigating strict statutory requirements under Queensland's Planning and Building Acts. Understanding when easement holder consent is mandatory, what legal remedies exist when landowners refuse cooperation, and how approval conditions requiring new easements can create project uncertainty is essential for developers navigating these complex property rights.

New South Wales has passed comprehensive building legislation that consolidates existing approval and practitioner frameworks while introducing groundbreaking provisions for prefabricated and modular construction. The Building (Approvals and Practitioners) Bill 2026 awaits Governor assent, with its practical implications dependent on forthcoming regulations that will determine operational details and affected parties.

A Bill before the Queensland Parliament signals a major shift aimed at expanding the circumstances in which Queensland institutions may be held vicariously liable for child abuse perpetrated by individuals in relationships ‘akin to employment’.

Australia's Department of Home Affairs has registered enhanced Critical Infrastructure Risk Management Program (CIRMP) rules that significantly strengthen security obligations for high-risk critical infrastructure assets. The new framework introduces stricter requirements for cyber security, personnel vetting, supply chain management, and physical security across sectors including energy, telecommunications, water, and transport.

Two recent NSW Civil and Administrative Tribunal decisions examine the limits of public access to government documents under the GIPA Act in the context of the controversial Bowdens Silver Project near Mudgee. The rulings address whether community groups can obtain cabinet materials, legal advice, and commercial-in-confidence briefings related to major development projects, establishing important precedents for balancing transparency against government and commercial protections.

The NSW Government has introduced significant amendments to the Environmental Planning and Assessment Act 1979, establishing new authorities and streamlined pathways to accelerate development approvals. These reforms aim to address system complexity by creating targeted assessment processes, standardizing consent conditions, and implementing proportionate risk-based evaluations for the 90% of development applications valued under $1 million.

In the month since the commencement of the Iran war, the initial impacts on fuel prices have spread to materials and labour affected by either the rise in transport costs or the rise in the cost of oil as an input in the manufacturing process.

Joint Committee of Public Accounts and Audit published a report regarding its inquiry into the use and governance of artificial intelligence systems by public sector entities.

Sydney Building Group demonstrates how the provision of detailed expert evidence and strategic design overcame Council concerns of tree removal and vegetation impacts.