On 28 April 2020, in a bid by the NSW Government to stimulate and lift the economy out of the COVID-19 pandemic, it announced the first tranche of construction projects to undergo the Planning System Acceleration Program (Program). The first tranche of projects The first tranche of projects to undergo…
22 April, 2020
COVID-19 UPDATE: Construction sites permitted to operate on weekends + public holidays
Two Ministerial Orders have been released in relation to the operation of construction sites under the Environmental Planning and Assessment (COVID-19 Development – Construction Work Days) Order 2020 and the Environmental Planning and Assessment (COVID-19 Development – Infrastructure Construction Work Days) Order 2020 (collectively, Orders). Under both Orders, construction sites…
Temporary changes to Australia’s foreign investment review framework were effective as at 10.30pm, by legal time in the ACT, on 29 March 2020 (Effective Time). The changes were made in response to the economic impact caused by the COVID-19 pandemic. Key changes and implications Key changes to the foreign investment…
8 April, 2020
COVID-19 Update: SME Commercial Leasing Code of Conduct
The National Cabinet agreed to implement a mandatory Code of Conduct on commercial leasing (Code), details of which were revealed on 7 April 2020. The Code imposes a list of good faith leasing principles to existing leasing arrangements across Australia, in response to the economic impacts caused by the COVID-19…
In the wake of two well-publicised damaged apartment blocks, the NSW Government has released an update on their plan for legal reform within the building and construction landscape. In short, the NSW Government proposes further regulation and a statutory duty of care. In June 2019, the NSW Government released the…
30 November, 2018
A developer’s liability arising from an unsigned contract
On Appeal (3 August 2018), it was found that builders and persons that are considered to be developers can be equally held liable for defects, under the New South Wales Home Building Act 1989 (HBA) in breach of the statutory warranties. FACTS AT FIRST INSTANCE Mr and Mrs…
The Federal Government has announced its intention to pass legislation under the foreign investment framework to allow foreign buyers to purchase an off-the-plan dwelling when another foreign buyer has failed to reach settlement and the contract has been rescinded or terminated.The main legislative issue for developers is what currently constitutes…