Australia: Real Estate

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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
LRBAs Are Not Dead: What Are Some Options To Use LRBAs Moving Forward?
Recent legislative changes have restricted how self-managed superannuation funds can use limited recourse borrowing arrangements, particularly for residential property acquisitions. Business owners and primary producers may still leverage these arrangements to acquire commercial premises and farming land through their SMSFs. Understanding the new definition of business real property and available investment options is crucial for SMSF trustees navigating these regulatory changes.
Australia Wealth Mgt
BP
Bennett & Philp Lawyers
Article
Decen­ni­al Insur­ance For New Apart­ment buildings
The New South Wales Government has introduced Decennial Liability Insurance (DLI), a groundbreaking 10-year no-fault insurance policy for new apartment buildings that guarantees protection against serious defects even if developers or builders become insolvent. This legislative reform, passed through the Fair Trading and Building Legislation Amendment Bill 2026, fundamentally changes how apartment owners are protected from structural failures and serious defects.
Australia Real Estate
S
Swaab
Article
Easements And Property Development – Practical Tips To Navigate The Minefield
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.
Australia Real Estate
CG
Cooper Grace Ward
Article
NSW Government Bulletin: Easements And The Hidden Liability In Government Land Ownership
Government agencies routinely acquire land with easements, but who bears responsibility for maintaining the infrastructure? This bulletin examines the often-overlooked question of repair and maintenance obligations for easement-related infrastructure, exploring both express contractual terms and common law principles. Understanding these hidden liabilities is crucial for government land management and acquisition due diligence.
Australia Real Estate
HR
Holding Redlich
Podcast
Podcast: SMSFs With CGW – Ban On SMSFs Using Borrowing To Acquire Residential Real Estate From August 2026
Cooper Grace Ward's latest podcast episode examines the new restrictions on SMSF borrowing for real estate purchases, clarifying widespread misconceptions about what constitutes a 'residential real estate ban.' Partners Scott Hay-Bartlem and Clinton Jackson, alongside senior associate Keeghan Silcock, break down the business real property test requirements and explain the critical transitional rules taking effect from August 2026.
Australia Wealth Mgt
CG
Cooper Grace Ward
Article
The Low And Mid-Rise Housing Reforms - What Will It Take To Turn Planning Reform Into Housing Delivery?
NSW's Low and Mid-Rise Housing reforms aim to address the state's housing shortage by permitting diverse housing types near transport hubs, but a recent panel discussion revealed a critical question: will removing planning barriers alone actually deliver more housing? The debate highlights tensions between state intervention and local government authority, while examining whether planning reform can overcome feasibility challenges, infrastructure constraints, and affordability concerns that continue to impe
Australia Real Estate
BP
Bartier Perry
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
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