Australia: Real Estate

Subscribe
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
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
Article
Ober­to Pty Ltd v The Own­ers Stra­ta Plan No 2004 No 2 [2026] NSW­CATCD 24 & Costs In Stra­ta Dis­putes – Rule 38 Of Civ­il And Admin­is­tra­tive Rules 2014
A lot owner successfully claimed damages against an owners corporation for breach of statutory duty, with the Tribunal awarding costs under rule 38 despite the final award being under $30,000. The owners corporation's attempts to reduce the claim amount through pre-payments and Calderbank offers were rejected by the Tribunal.
Australia Litigation
S
Swaab
Article
Residential Focus: Reinventing The Wheel – Building (Approvals And Practitioners) Bill 2026
The NSW Parliament has introduced the Building (Approvals and Practitioners) Bill 2026, proposing sweeping changes to the state's building approval system and certifier responsibilities. While the Bill aims to streamline approvals and reduce red tape to meet housing targets, it controversially repeals the unpopular Design and Building Practitioners Act 2020 only to reinstate many of its key requirements, potentially facing significant industry opposition particularly from private certifiers whose liability
Australia Real Estate
HR
Holding Redlich
Article
The Expanding Scope Of Developer And Builder Liability: Owners Strata Plan No 66375 v King [2018] NSWCA 170
The New South Wales Court of Appeal's decision in The Owners Strata Plan No 66375 v King clarified critical aspects of statutory warranties under the Home Building Act 1989 (NSW), particularly regarding design defects and developer liability. The case examined whether developers could be held liable for defects originating in architectural design rather than construction workmanship, and whether statutory warranties extend beyond the express terms of building contracts.
Australia Real Estate
S
Swaab
Article
Victoria’s Amended Security Of Payment Act: Recourse And Return Of Performance Security
Victoria's amended Security of Payment Act introduces significant changes to how contractors can claim the return of performance security and limits principals' rights to call on that security. The new statutory framework creates a formal process for security claims and imposes notice requirements that fundamentally alter the commercial risk allocation between parties in construction contracts.
Australia Real Estate
HR
Holding Redlich
Article
NSW Supreme Court Confirms That A Prior Acquisition In A Public Landholder Is Not To Be Disregarded Where A Subsequent Acquisition Occurs
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.
Australia Real Estate
KL
Herbert Smith Freehills Kramer LLP
See more

Latest Videos

See more