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Real Estate Development Australia

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Victoria's New Developer Bond Scheme: Implications for Developers

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Introduction - In a significant move aimed to enhance consumer protections in the housing sector, the Victorian Government has enacted the Building Legislation Amendment (Buyer Protections) Act 2025 (Vic) (Act). A key feature...more

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Significant Reforms on the Horizon for Security of Payment in Victoria’s Construction Industry

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Like similar regimes in other States, the Building and Construction Industry Security of Payment Act 2002 (VIC) (“Victorian SOPA”) was intended to reduce insolvency in the construction industry and enhance cash flow for...more

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Welcome News for Developers: Temporary Expansion of the Victorian Off-the-Plan Duty Concession

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The Victorian State Government (the Government) has announced a temporary expansion of the off-the-plan duty concession for purchasers of residential apartments and certain townhouses. The measure is a part of the...more

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BTR Series Part 9—Navigating the Need for Foreign Investment Approval

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In Part 9 of this series, we take a closer look at the foreign investment considerations for build-to-rent (BTR) projects. In particular, we consider the circumstances where a foreign developer or financier would likely need...more

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BTR Series Part 8: BTR and Sustainability—An Opportunity to Drive Decarbonisation in the Built Environment

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In Part 8 of our build to rent (BTR) series, we highlight the significant opportunity for new build residential developments to adopt sustainability and energy efficiency initiatives in the BTR market in Australia and help...more

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BTR Series Part 7: Residential Sector—Impacts on the Home Ownership Market and Other Sectors Such as Retirement Living

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In Part 7 of our build to rent (BTR) Series, we take a look at the current BTR market in Australia and the potential impacts of BTR developments on the residential sector....more

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BTR Series Part 5: Debt Funds Options—NHFIC and Alternatives

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Investment in build to rent (BTR) residential developments is being driven by community and government demand, tax and other government incentives, longer term returns and lower maintenance costs and incentives compared to...more

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BTR Series Part 1: The Housing Crisis–A Big Problem in Search of a Solution

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The housing crisis in Australia has been brewing for more than a generation.  The symptoms are painful and obvious and include: The gap between supply (with supply-side problems) and increasing demand...more

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Construction Lockdown: Potential Impact of COVID-19 on Construction Projects in Greater Sydney

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Under the latest New South Wales Public Health Order, all non-urgent work at construction sites in Greater Sydney has been paused from 12:01 a.m. on Monday 19 July until 11:59 p.m. on Friday 30 July....more

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Security of Payment Legislation in Australia

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Australia-wide, companies are navigating the uncertainties arising from COVID-19. Our previous White Papers identified the risks arising for construction projects and observed that the fallout is likely to give rise to...more

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NSW: Duty & Land Tax Incentives for Build-to-Rent Properties

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OVERVIEW - The New South Wales government today introduced a bill which, if enacted, will provide new duty and land tax incentives for certain build-to-rent projects....more

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Owners Beware: Consequences for Non-Compliance With Court- Ordered Strata Renewal Plans

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We have written previously about the first-of-its-kind decision delivered by the NSW Land & Environment Court (Court) making an order to give effect to a strata renewal plan (SRP) for the collective sale of a strata scheme...more

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Court Gives Effect to Strata Renewal Plan

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WHAT HAS HAPPENED? The NSW Land & Environment Court (Court) has handed down the first decision to give effect to a strata renewal plan (SRP) for the collective sale of a strata scheme under the strata renewal provisions...more

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Victorian Duty Reforms for Economic Entitlements – They are not Limited to Property Development Agreements

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The State Taxation Acts Amendment Act 2019 (Amendment Act) amends the Duties Act 2000 (Duties Act) so as to broaden the types of transactions involving economic entitlements that will be subject to duty. ...more

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Foreign Investment in Australian Residential and Agricultural Real Estate – New Fee Regime for Developers and Investors

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Under Australia's current regime for foreign ownership of Australian real estate, certain foreign investors must obtain permission from the Foreign Investment Review Board (FIRB) before acquiring certain forms of real estate...more

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Tamawood v Habitare: A Recent Australian Decision on Copyright Infringement in Building Designs

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Early last week, the Full Court of the Federal Court of Australia (Full Court) delivered its judgment in the case of Tamawood v Habitare Developments, a copyright infringement case in respect of project home designs. Habitare...more

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