Oceania: Real Estate and Construction

Thoughts on operation of Qld's "new" Property Law Act – in particular the new concept of the Seller Disclosure regime.

A clear, well-documented disclosure process on behalf of the real estate agent preserves the integrity of the sales process.

Purchasers in NSW have no s66S cooling off period rights where a contract for sale of residential property is formed pursuant to a call option or a put option.

Major reforms to the Building and Construction Industry Security of Payment Act 2002 (Vic) came into effect on 15 April 2026. The reforms overhaul key aspects of the security of payment regime and represent the most significant changes to the legislation in nearly 20 years.

Contested claims are determined by an adjudicator within that period, with power to determine the value of the claim on an interim basis. There is very little scope for appeal and an underlying philosophy of ‘pay now, argue later’, with the solvency risk sitting up the chain.

From 15 April 2026, far-reaching changes to construction contracts and payment claim processes in the Victorian building and construction industry will take effect. These will have a significant, immediate and retroactive impact on the rights and obligations of parties to construction contracts in Victoria.

Case highlights the role that land use characterisation plays in accommodating modern land use practices.

With multi-generation farming roots, Stephen grew up on a dairy farm in northern Victoria.

his new class of lease was intended to address the limited scope of permitted land use under pastoral leases and to facilitate additional uses of Crown land.

A New South Wales Court of Appeal decision examines whether an unpainted speed hump in a carpark constitutes an obvious risk when all other tripping hazards were marked with yellow paint. The case explores the duty to warn under section 5H of the Civil Liability Act 2002 (NSW) and establishes important principles for occupiers regarding consistency in hazard marking.

The strata reform is broadly intended to give owners in strata schemes across NSW greater trust and confidence in how strata is regulated.

Amendments to the SSM Act extend the time limit to claim for losses from an owners corporation's failure to maintain common property from 2 to 6 years.