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.

Residential Focus: Price Rises 2.0: From Covid To Conflict

In the month since the commencement of the Iran war, the initial impacts on fuel prices have spread to materials and labour affected by either the rise in transport costs or the rise in the cost of oil as an input in the manufacturing process.

Australia Real Estate

HR

Holding Redlich

Crowley v Latitude: Can Contractors Recover Bank Guarantees Through Adjudication?

This decision reinforces two important themes in construction disputes.

Australia Real Estate

P

PCL Lawyers

Insights Into The Impact Of Insolvency Events In The Construction Industry (Podcast)

Construction insolvencies now represent one of the largest shares of corporate failures in Australia. While the triggers vary, the underlying pattern is often remarkably consistent...

Australia Real Estate

CP

Cathro & Partners

Integrated development – "opt-in" or a matter of fact?

Where integrated development may be engaged, ensure the correct deemed-refusal period (40 vs 60 days) is applied, and verify before filing that appeal rights have actually accrued and have not expired.

Australia Real Estate

MF

Matthews Folbigg Lawyers

NSW Housing Pattern Book: fast-track pathway now live for low-rise

Australia Real Estate

MF

Matthews Folbigg Lawyers

Data centre construction challenges and the rise of modular solutions

Australia Real Estate

HR

Holding Redlich

Residential Focus: What's new for regulation in the NSW Fair Trading and Building Legislation Amendment Bill 2026

Australia Real Estate

HR

Holding Redlich

A Blow To The Reputation Of Unconditional Bank Guarantees?

Australia Real Estate

KL

Herbert Smith Freehills Kramer LLP

Geocon and Division 142 - the Full Court clarifies when overpaid GST is "passed on"

Australia Real Estate

BP

Bartier Perry

Construction Contract Damages

Australia Real Estate

CO

Carroll & O'Dea

Are Builders Personally Liable in Queensland

Australia Real Estate

SL

Stonegate Legal

Common property rights by-laws - what lot owners and Owners Corporations need to know

Australia Real Estate

BP

Bartier Perry

Mind the gap: When developing non-contiguous parcels of land may classify you a developer under the Home Building Act

Australia Real Estate

BN

Barry Nilsson

Productivity is paramount – lessons from the Queensland Productivity Commission's Construction inquiry

Australia Real Estate

HR

Holding Redlich

Michael Byrnes discusses the Westpac WFH case on 2SM with Tim Webster

Australia Employment

S

Swaab

Inside IR Podcast Series - Episode 30 Psychosocial Health In Times Of Workplace Change (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

What Changed For The Subclass 485 Visa In 2026?

Australia Immigration

RM

Roam Migration Law

Cyber Security: A Month In Retrospect And Our Latest Podcast (Australia - January 2026)

Worldwide Technology

KL

Herbert Smith Freehills Kramer LLP

And the record greenwashing penalty goes to…

Australia Finance

HN

Holley Nethercote

Deemed Refusal After 40 Business Days: When To Pull The Merits Appeal Trigger?

Where a consent authority (Local Council) fails to determine a DA within the statutory assessment period in NSW, the DA may be treated as a deemed refusal.

Australia Real Estate

P

PCL Lawyers

Improving construction industry productivity – land use regulation reforms

The QPC acknowledges that good planning with a focus on public interest is essential for good development.

Australia Real Estate

HR

Holding Redlich

NSW Supreme Court decision provides new cladding compliance and ACL misleading conduct guidance

Court's approach to assessment demonstrates how outcomes in cladding litigation are heavily on the parties contractual relationships.

Australia Real Estate

GC

Gilchrist Connell

Contractual compliance and variations: Why shared assumptions don't guarantee payment

The Privy Council's decision is a clear endorsement of contractual certainty in construction projects. Whilst not a precedent, this will be persuasive in Australia.

Australia Real Estate

HR

Holding Redlich

Public hearings for the Queensland Commission of Inquiry into the CFMEU to continue

Australia Real Estate

HR

Holding Redlich

Construction site accidents and injured workers

Australia Employment

S

Stacks Law Firm

Integral to agriculture - how are protected cropping structures characterised under NSW planning law?

Australia Real Estate

HR

Holding Redlich

Building contract reviews – complete guide

Australia Real Estate

SL

Stonegate Legal

NSWCA Confirms In The Absence Of Appropriate Evidence, Owners Can Refuse Builder Rectification

Australia Real Estate

BN

Barry Nilsson

Residential Focus: Onus Of Proof And Failure To Mitigate (In The Media, In Practice and Courts, Publications and Cases)

Australia Real Estate

HR

Holding Redlich

One development, two towers and two occupation certificates (one interim and one final): when does the Home Building Act statutory warranty period commence?

Australia Real Estate

S

Swaab

Know your construction contract — a cautionary "time bar" tale from the WestConnex M5 motorway tunnel project, Sydney

Australia Real Estate

S

Swaab

Aqualand North Sydney Lavender Development Pty Ltd v The Owners — Strata Plan No 102091 [2025] NSWCA 143

Australia Real Estate

S

Swaab

How to Choose the Right Construction Contract: AS4122 Conditions vs Commercial Terms of Business

Australia Real Estate

S

Swaab

One development, two towers and two occupation certificates (one interim and one final): when does the Home Building Act statutory warranty period commence?

Recent case confirms that in interdependent strata developments, statutory warranty periods run from completion of the whole building, not individual stages.

Australia Real Estate

S

Swaab

Know your construction contract — a cautionary "time bar" tale from the WestConnex M5 motorway tunnel project, Sydney

The Courts have upheld clearly drafted time bar clauses so that compliance is a pre-condition to any entitlement to the claim.

Australia Real Estate

S

Swaab

Aqualand North Sydney Lavender Development Pty Ltd v The Owners — Strata Plan No 102091 [2025] NSWCA 143

Recent decision gives owners corporations greater confidence that courts will prevent developers from asset-stripping to avoid recovery in defect litigation.

Australia Real Estate

S

Swaab

How to Choose the Right Construction Contract: AS4122 Conditions vs Commercial Terms of Business

In this article, we break down the key differences, explain when each option is most suitable, and share practical tips to help you achieve compliance and protect your business interests.

Australia Real Estate

S

Swaab

Restraint Of Trade Provisions In The Building And Construction Industry

Australia Real Estate

BP

Bartier Perry

Court Of Appeal Clarifies Contractual Obligations - Lessons From XJS World V Central West Civil

If you're involved in drafting or negotiating construction contracts, don't leave your obligations to chance.

Australia Real Estate

BP

Bartier Perry

Cracks In The Duty: When Engineers Miss The Foundations

Where the potential for harm is substantial, engineers have a duty to undertake appropriate investigations to verify the structural soundness of their work.

Australia Real Estate

BN

Barry Nilsson

Victoria's Security Of Payment Reforms: Unfair Time Bars In Construction Contracts

Victorian Government is introducing a new power for decision makers in disputes to declare time bars in construction contracts 'unfair' and of no effect for particular claims.

Australia Real Estate

HR

Holding Redlich

Victoria's new Unlocking Strategic Sites pathway opens door for landowners and developers

This initiative presents landowners who meet the eligibility criteria with a unique fast-track opportunity to re-zone underutilised land for future subdivision and development.

Australia Real Estate

HR

Holding Redlich

Compensating For Town Planner Negligence

Australia Real Estate

BN

Barry Nilsson

The risk of builder insolvency mid way through a construction project is real (and will probably be expensive)

Australia Real Estate

S

Swaab

Interpretation Of Charging Clauses: Edwards Industrial Products Pty Ltd v Thwin And Zaw

Australia Real Estate

KG

K&L Gates LLP

How do the changes to the BCI Act affect my construction company?

Australia Real Estate

L

LegalVision

Building The Future: Construction And The Energy Transition

Australia Energy

KL

Herbert Smith Freehills Kramer LLP

Strata Wars - Why Common Property Is The New Legal Battleground

Australia Real Estate

BP

Bartier Perry

Future cities: leveraging regulatory change to drive innovation and growth

Australia Real Estate

CC

Corrs Chambers Westgarth

Insights Into Property And Debt Market

Australia Real Estate

CP

Cathro & Partners

Should lenders have a builder's side deed?

Australia Real Estate

CG

Cooper Grace Ward

Reliance on AI and housing delivery; the perks and pitfalls

Australia Real Estate

PA

Piper Alderman

Security of Payment: How to protect your trade business and get paid faster

Australia Real Estate

SL

Sajen Legal

Paving The Way: Five Things You Need To Know About The NSW EP&A Act Amendments

Australia Environment

KL

Herbert Smith Freehills Kramer LLP

Victorian Security Of Payment Act Reforms Have Landed With A Retrospective Bite

Australia Real Estate

CC

Corrs Chambers Westgarth

The new Building & Plumbing Commission ("BPC") and what it means for Builders, Developers and Contractors

Australia Real Estate

P

PCL Lawyers

Statute Is King: Supreme Court Of WA Finds That The Strict Timeframes Provided Under WA's New Security For Payment Legislation Prevail Over Contractual Deeming Provisions

Australia Real Estate

KL

Herbert Smith Freehills Kramer LLP

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Latest Videos

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Insights Into Property And Debt Market

CP

Cathro & Partners

It Depends – Can my SMSF engage a related party builder?

CG

Cooper Grace Ward

Changes to the NSW Security of Payment Act

CG

Coleman Greig Lawyers

New provisions – Building Industry Fairness (Security Of Payment) Act

BP

Bennett & Philp Lawyers

Corrs High Vis: Episode 35 – Cladding after the Lacrosse decision – clarity or crisis?

CC

Corrs Chambers Westgarth

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