January 2023

Contracts Development Property

31 January, 2023

Double Trouble: Increase to Foreign Investment financial penalties

Starting 1 January 2023, penalties for breaching Foreign Investment Review Board (FIRB) regulations related to foreign acquisitions of residential land will be doubled, per the Foreign Acquisitions and Takeovers Act 1975 (Cth). This measure, further to the 2022 changes, has been introduced as part of the Labor Government’s 2022…

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Building Construction

30 January, 2023

“You’ve Been Served” – Or Have You? Electronic Service Under SOPA

The increasing integration of technology into the construction industry has brought on a range of new methods of delivery of information which have substantially replaced traditional post. The legal process of ‘service’ is no exception and has been the subject of dramatic change to account for technologies such as…

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Building Construction Defects

26 January, 2023

Contractors Beware – NCAT Decision on Work Orders and The Application of Margins

Case Note: Patel v Southern Cross Joinery Pty Limited NSWCATCD 162 The NSW Civil and Administrative Tribunal (NCAT), unlike any other Court, can make costs orders and work orders. Contractors must behave professionally when carrying out construction works. Otherwise, Contractors may have costs ordered against them, rather than a…

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Building Construction Defects Strata

23 January, 2023

What is the evidentiary threshold for combustible cladding?

In our previous article published this October titled, “Governments react to combustible cladding following the Grenfell fire?”, we discussed NSW and UK government reactions to combustible cladding post-Grenfell. Here, we ask what evidence is required to determine whether the builder or developer is liable to replace retrospectively-banned cladding. Biowood…

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Property Stamp duty

11 January, 2023

The First Home Buyer Dilemma – Stamp Duty or Property Tax?

From 16 January 2023, eligible first home buyers will have a choice between paying stamp duty on the transfer of the land or an ongoing property tax. It is estimated that it takes the median NSW household around 10 years to save for a 20 per cent deposit and…

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Building Construction Development Law

9 January, 2023

New Licensing Regime for NSW and the Commercial Construction Sector

If you are carrying out commercial construction work or considering moving into the commercial construction sector on the basis of its (currently) relaxed licensing requirements, we recommend that you read this article. NSW is the only jurisdiction in Australia that does not require a building licence to carry out…

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Building Construction Contracts Projects

3 January, 2023

New NSW Government Commercial Principles

On 1 September 2022, the NSW Government published its “Commercial principles on escalation risk for infrastructure projects” (Commercial Principles) to guide contractors and government agencies through the current inflationary environment. The Commercial Principles recognise cost escalation as a foreseeable risk that can be managed. These are intended as a…

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Double Trouble: Increase to Foreign Investment financial penalties

“You’ve Been Served” – Or Have You? Electronic Service Under SOPA

Contractors Beware – NCAT Decision on Work Orders and The Application of Margins

What is the evidentiary threshold for combustible cladding?

The First Home Buyer Dilemma – Stamp Duty or Property Tax?

New Licensing Regime for NSW and the Commercial Construction Sector

New NSW Government Commercial Principles

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