Property & Projects Archives

Property & Projects

30 May, 2025

Limited Protection For Tenants Facing Relocation Notices

Cheng v Sydney Markets Ltd; Gao v Sydney Markets Ltd; Weng v Sydney Markets Ltd NSWSC 755 A recent court case has highlighted the limited protection available to tenants who receive relocation notices under NSW retail leasing laws. Part of Paddy’s Market was recently redeveloped into the new Hay St…

Victoria Caldwell

Property & Projects

21 March, 2025

Clawback of Lease Incentives – An Interesting Turn in Tasmanian Ports Corporation Pty Ltd v Resources Australasia Pty Ltd [2024] TASSC 60

Lease incentive clawback provisions are common but usually difficult to enforce. This has been the case in most circumstances until Tasmanian Ports Corporation Pty Ltd v Resources Australasia Pty Ltd TASSC 60 (Tas Ports). Tas Ports is an unusual case with unique circumstances but worthy to note particularly when acting…

Victoria Caldwell

Property & Projects

21 February, 2025

Zombie development consents – can they be revived from the ‘dead’?

The answer is yes but it depends on circumstances – see our case summary on 2 Phillip Rise Pty Ltd v Kempsey Shire Council NSWLEC 28 (Case) below for more details. What is a zombie development consent? A zombie consent is not a legal term. It is generally used to…

Victoria Caldwell

Property & Projects

31 January, 2025

Split or deferred deposits – still a problem?

Short answer, yes, although there is some inconsistency in the cases. It is an area where lawyers must carefully advise their clients and the safest position is: not to split or if split then don’t make the balance due on default and potentially not on completion. Split or deferred outstanding…

Victoria Caldwell

Property & Projects

17 December, 2024

Changes to the Foreign Resident Capital Gains Withholding Regime

Changes to the foreign resident capital gains withholding (FRCGW) regime are effective on and from 1 January 2025. All parties to a real property transaction in Australia must ensure timely compliance with the changes. Application The changes apply to all acquisitions occurring on or after 1 January 2025. An acquisition…

Victoria Caldwell

Development Property & Projects

18 November, 2024

The newly introduced Property Developers Act 2024 (ACT)

Introduction The recent introduction of the Property Developers Act 2024 (ACT) (the Act) will change the landscape of residential property development in the Australian Capital Territory. This article provides an overview of the most pertinent provisions and legislative effect. Commencement of the Act The Act has a staggered commencement. Provisions…

Victoria Caldwell

Construction Property & Projects

4 November, 2024

Strata Building Bond Increase Delayed to 1 July 2025

Strata Schemes Management Amendment (Strata Bond) Regulation 2024 (NSW) The increase to the strata building bond from 2% to 3% has been delayed for the fourth time. This article recaps what is a strata building bond, explains when it will not take force and why the delay has occurred. Recap…

nicole

Property & Projects

24 October, 2024

Upcoming mandatory disclosure regime in Queensland land contracts

From 1 August 2025, a seller of land in Queensland must comply with the pre-contract disclosure regime, unless an exemption applies. This is a significant change arising out of the Property Law Act 2023 (Qld) (Act) which received royal assent on 2 November 2023 but was only proclaimed to commence…

nicole

Property & Projects

26 September, 2024

Change To Duties Lodgement Rules Affecting Transaction Timeframes

Summary of change From 8 October 2024 (Effective Date), an agreement or contract for sale of land with a dutiable value of $20 million or more must be submitted directly to Revenue NSW via the eDuties portal for assessment. This change applies to both residential and non-residential property transactions lodged…

Victoria Caldwell

Development Property & Projects

13 September, 2024

Will TOD Make it on its Own?

Introduction The Transported Oriented Development (TOD) Program and the Low and Mid-Rise Housing (LMR) Program (Programs) and the concept of a focus on accelerated precincts arose from a consideration of not just trying to increase housing, but an endeavour to increase housing where opportunities exist and where they don’t exist…

Victoria Caldwell

Property & Projects

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