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Property & Projects

To market, to market: Calculation of market value compensation in the compulsory land acquisition process in NSW Property & Projects
28 April, 2023

To market, to market: Calculation of market value compensation in the compulsory land acquisition process in NSW

During the compulsory process of land acquisition, disputes can arise regarding whether the compensation offered is on just terms for the owners of land. The recent case of G&J Drivas Pty Ltd v Sydney Metro NSWLEC 20 provides further guidance on how the Court assesses compensation of land. Process Land…
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Application of Limitation Periods to the Statutory Duty of Care under the Design and Building Practitioners Act ConstructionProperty & Projects
12 April, 2023

Application of Limitation Periods to the Statutory Duty of Care under the Design and Building Practitioners Act

The introduction of the Design and Building Practitioners Act (DBPA) represents a tremendous reform for the construction industry. The duty of care imposed by section 37 has the potential to impact both businesses and individuals significantly. Industry stakeholders should be aware of the limitation periods applying to this duty. Relevant…
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Double Trouble: Increase to Foreign Investment financial penalties DevelopmentProperty & Projects
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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What is the evidentiary threshold for combustible cladding? ConstructionProperty & Projects
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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New NSW Government Commercial Principles ConstructionProperty & 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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The doctrine of frustration in land contracts Property & Projects
4 November, 2022

The doctrine of frustration in land contracts

The Doctrine of Frustration Frustration operates to bring a contract to an end in circumstances where an intervening, post-contract event has occurred through no fault of the parties, which makes a contractual obligation impossible to perform or transforms a contractual obligation into a fundamentally different obligation. Frustration in contract generally and…
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How did the NSW and UK Governments react to combustible cladding following the Grenfell fire? ConstructionProperty & Projects
14 October, 2022

How did the NSW and UK Governments react to combustible cladding following the Grenfell fire?

Combustible Cladding: London to Sydney The Lacrosse Apartment fire in Melbourne (2014) and the death of 72 people in the Grenfell Tower fire in London (2017) exposed the use of combustible cladding and the regulations in place. Five years after the Grenfell Tower fire, it is important to revisit the…
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