Skip to main content
Monthly Archives

September 2023

22 September, 2023

Overview On Incentive Clawbacks

The effectiveness of incentive clawback provisions, whilst common in commercial leasing transactions, continues to be uncertain. Perhaps it is time to consider alternatives. See details below. Some recent cases In brief summary: Courts are open to interpreting an incentive clawback clause as potentially not being a penalty where it gives…
14 September, 2023

Landmark Legislation Passed: Housing Australia Future Fund (HAFF) to Transform Affordable Housing Landscape

In a significant development for the property development sector, the Federal Parliament has today successfully passed the bill establishing the $10 billion Housing Australia Future Fund (HAFF), marking a significant milestone in addressing the nation's housing crisis. This ground-breaking initiative is poised to unlock unprecedented opportunities for property developers and…
7 September, 2023

Always Presume Design Liability

New trends increasing a contractor’s liability – AS4902 Last year we published an article explaining a recent trend concerning the imposition of design liability on contractors through buildability clauses in construct only contracts. In this article we examine another trend concerning increased design liability exposure to contractors’ in design &…