Skip to main content
Category

Property & Projects

Proposed cap on foreign ownership in New Dwelling Exemption Certificates aimed at reducing pressure on housing affordability. Property & Projects
17 May, 2017

Proposed cap on foreign ownership in New Dwelling Exemption Certificates aimed at reducing pressure on housing affordability.

In the 2017-2018 Federal Budget the Government announced several changes aimed at reducing pressure on housing affordability, some of which affect foreign ownership of Australian residential property. The biggest change is the introduction of a cap on foreign ownership in new developments, through a condition on New Dwelling Exemption Certificates…
bluesix
Buyer’s Beware: Is the selling agent an agent for all purposes? – Tan v Russell [2016] VSC 93 Property & Projects
20 February, 2017

Buyer’s Beware: Is the selling agent an agent for all purposes? – Tan v Russell [2016] VSC 93

Legal IssueA recent decision in the Victorian Supreme Court examined whether the Plaintiffs, Tan and Lo, validly exercised their cooling off rights to terminate a contract for sale in circumstances where the notice was served on the vendor’s selling agent.Practical Effect of DecisionThe case illustrates the importance of knowing, prior…
bluesix
Developers to be allowed to resell off-the-plan dwellings after failed sales DevelopmentProperty & Projects
21 December, 2016

Developers to be allowed to resell off-the-plan dwellings after failed sales

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purchase an off-the-plan dwelling when another foreign buyer has failed to reach settlement and the contract has been rescinded or terminated.The main legislative issue for developers is what currently constitutes…
bluesix
Construction, Property & Projects Insights Issue 5 – November 2016 ConstructionProperty & Projects
1 December, 2016

Construction, Property & Projects Insights Issue 5 – November 2016

In this issue, we look at the following key developments in construction, property & projects law:Security of Payments Goes to the High CourtUnfair Contract Terms in the Construction Industry – You Need to Take ActionNew Strata Laws and Building Bond Regime Set to CommenceLoose Lips Sink Ships – Representations During…
bluesix
Proposed changes to retail leasing legislation – what you need to know Property & Projects
16 November, 2016

Proposed changes to retail leasing legislation – what you need to know

On 8 November 2016, the NSW government introduced the Retail Leases Amendment (Review) Bill 2016 (Bill), which seeks to amend the Retail Leases Act 1994 (Act).The Bill provides further protection to a lessee consistent with the general legal environment of increased ‘consumer’ and small business protection.This article examines some of…
bluesix
New Strata Renewal Process Soon To Take Effect Under Part 10 Strata Schemes Development Act 2015 Property & Projects
7 November, 2016

New Strata Renewal Process Soon To Take Effect Under Part 10 Strata Schemes Development Act 2015

Part 10 of the Strata Schemes Development Act 2015 (Act) prescribes a process for strata renewal. Part 10 commenced on 30 November 2016. The Part 10 process enables the owners in a strata scheme to seek a Court order for one of 2 options: the “collective sale” of all apartments…
bluesix
Loose Lips Sink Ships – Representations During Negotiations CommercialConstructionProperty & Projects
27 September, 2016

Loose Lips Sink Ships – Representations During Negotiations

Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd HCA 26This Victorian case illustrates the problem with talking loosely during negotiations.The case worked its way from the Victorian Civil & Administrative Tribunal (VCAT), through the Victorian Court of Appeal and finally to the full bench of the High Court.The FactsThe…
bluesix
New strata building bond scheme is set to commence 1 July 2017 ConstructionProperty & Projects
11 July, 2016

New strata building bond scheme is set to commence 1 July 2017

 What is the Building Bond Scheme? The building bond scheme is a regime whereby developers of residential strata schemes have to: lodge a bond with the Department of Finance, Services and Innovation (DFSI); and arrange for defects inspections within the strata scheme after completion of the building work. Does the…
bluesix