Australia: Construction & Planning

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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
A Step Closer To Decennial Liability Insurance
The NSW Fair Trading and Building Legislation Amendment Bill 2026 has passed both houses and received assent, introducing significant reforms to building regulation and insurance requirements. Key changes include expanded coverage for Decennial Liability Insurance, enhanced powers for NSW Fair Trading and the Building Commission, and modifications to professional indemnity insurance exemptions for building practitioners. While some provisions take immediate effect, major reforms including the DLI expansion
Australia Real Estate
HR
Holding Redlich
Article
Victoria’s New Planning Enforcement Regime: Increased Penalties, Civil Proceedings And Court Powers
Victoria's planning enforcement regime has undergone significant transformation following the 2016 Corkman Irish Pub demolition scandal. The new legislative framework introduces unprecedented powers for courts and authorities, including commercial benefit orders, industry exclusion provisions, and civil penalties with lower burdens of proof. These reforms fundamentally reshape how planning violations are prosecuted and penalized across the state.
Australia Real Estate
HR
Holding Redlich
Article
Key NSW Security Of Payment Decisions: Monthly Roundup For July 2026
This monthly roundup examines three significant NSW court decisions from July 2026 that demonstrate how courts are increasingly scrutinizing the enforcement of Security of Payment Act judgments, particularly when builders face financial difficulties or disputes involve residential construction. The cases reveal evolving judicial approaches to freezing orders, stays of enforcement, and the strict compliance requirements that can make or break a SOP Act claim.
Australia Real Estate
HR
Holding Redlich
Article
Key NSW Security Of Payment Decisions: Monthly Roundup For June 2026
This monthly roundup examines key NSW Supreme Court and District Court decisions interpreting the Building and Construction Industry Security of Payment Act 1999, analyzing how courts are applying the legislation's 'pay now, argue later' philosophy in disputes over adjudication determinations, payment claims, and enforcement stays. The decisions address critical issues including interlocutory injunctions, payment schedule validity, and the interplay between interim adjudications and final dispute resolution
Australia Real Estate
HR
Holding Redlich
Article
Fire Safety In Leases - When Compliance Determines Who Pays
Most fire safety disputes don’t start with a fire. They start with an invoice no one wants to pay. Although the legal obligation for fire safety compliance usually sits with the building owner, commercial and retail leases often reallocate the cost and practical responsibility of compliance to tenants - particularly where works are said to arise from a tenant’s use, fitout or configuration of the premises.
Australia Real Estate
BP
Bartier Perry
Article
NSW’s Building Bill 2026 – The Construction Law Perspective: Approvals, Prefabricated Buildings, Penalties, Duty Of Care
New South Wales' Building (Approvals and Practitioners) Bill 2026 introduces sweeping reforms to building regulation, consolidating approvals and certification into a unified regime. The legislation establishes stricter penalties for certifiers, recognizes prefabricated construction for the first time, and fundamentally changes how building approvals and completion certificates are obtained and managed.
Australia Real Estate
PA
Piper Alderman
Article
A High­er Evi­den­tiary Bur­den For Work Orders: The Prac­ti­cal Impli­ca­tions Of The Own­ers – Stra­ta Plan No 102171 V Ceerose Pty Ltd [2025] NSW­CATCD 137
A recent NSW Civil and Administrative Tribunal decision establishes that owners corporations seeking work orders for building defects must now provide complete regulated designs as part of their evidence, not merely prove that defects exist. This ruling significantly raises the evidentiary bar and upfront costs for strata schemes pursuing rectification orders under the Home Building Act.
Australia Litigation
S
Swaab
Article
RTCCO Review Hearing: What The 25 May Proceedings Mean For EPC Principals And Contractors
The Fair Work Commission's Expert Panel has conducted its first formal review of the Road Transport Contractual Chain Order's fuel cost recovery provisions, leaving critical questions about scope and compliance obligations unresolved. For EPC and D&C principals and head contractors, the hearing clarified some practical compliance mechanisms while reserving judgment on whether construction principals at the apex of contractual chains are captured as "primary parties" with upstream payment obligations. The Pa
Australia Real Estate
PA
Piper Alderman
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