Australia: Real Estate and Construction

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Article
Stra­ta Plan 92183 v Sam­do­ra Pty Ltd [2026] NSWSC 406 'Substantive Control' Over Works & S37 Of The DB&P Act
A recent NSW court case examines when developers and builders can be held liable under section 37 of the Design & Building Practitioner's Act 2020 for defective building work. The decision clarifies what constitutes 'substantive control' over construction work and establishes the evidentiary threshold required to prove breach of the statutory duty of care.
Australia Real Estate
S
Swaab
Article
Proposed Amendments To The Road Transport Contractual Chain Order – Implications For Construction And Infrastructure Projects
The Fair Work Commission has published proposed variations to the Road Transport Contractual Chain Order following a review hearing in May 2026. These amendments aim to refine compliance mechanisms and clarify obligations, but key challenges for construction and infrastructure supply chains remain unresolved, including forensic difficulties with identifying transport costs and determining which parties fall within scope.
Australia Real Estate
HR
Holding Redlich
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Article
Queensland Productivity Commission Puts EPBC Act Reforms Under The Microscope
The Queensland Productivity Commission has launched a public inquiry into the 2025 EPBC Act reforms, examining their impact on Queensland businesses and industries. With an interim report due later this year and final recommendations by April 2027, stakeholders now have a critical opportunity to submit evidence on regulatory burdens, compliance costs, and operational impacts.
Australia Environment
HR
Holding Redlich
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Article
New Definition Of “real Property” In Australia Applies Retrospectively
Australia's proposed capital gains tax reforms will dramatically expand what constitutes taxable Australian real property for foreign investors, capturing previously exempt assets like solar farms and infrastructure. The most controversial aspect is the retrospective application dating back to 2006, potentially exposing foreign investors to unexpected tax liabilities on historical transactions they believed were compliant.
Australia Tax
GGI Global Alliance
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