Not the ‘vibe’ – VCAT confirms operator identity is irrelevant to planning permit decisions
McDonald’s Australia Limited v Darebin CC [2026] VCAT 283 (24 April 2026) (a) Key takeaway In the recent Northcote McDonald’s case, VCAT has delivered a clear message: councils cannot refuse a permit amendment simply because the community objects to a particular brand or operator. Where a use is permitted as of right under the planning […]
ReadmoreFuel cost recovery: Key changes for road transport contracts
On 20 April 2026, the Fair Work Commission made the Road Transport Contractual Chain Order – Fuel Cost Recovery – 2026 (the ‘Order’), effective 21 April 2026, under Part 3B-2 of the Fair Work Act 2009 (Cth). The Order responds to fuel supply disruptions arising from reduced shipping through the Strait of Hormuz, and requires […]
ReadmoreLabour and materials prices on the rise: Understanding escalation risk in construction contracts
Price escalation for labour and materials is hitting Australian construction projects hard. Global supply chain disruption, fuel shortages, inflationary pressures and geopolitical instability continue to squeeze project pricing and delivery. This article explores how existing contracts likely deal with inflationary pressures and what options are available to best manage the risk. Part 1: Impact on […]
ReadmoreEmerging contracting trends in response to Victoria’s developer bond scheme
Victoria’s new mandatory developer bond scheme for multi-storey apartment developments is set to commence on 1 July 2026. Until recently, developers and contractors were operating in a period of uncertainty because the Building Legislation Amendment (Buyer Protections) Act 2025 (Vic) left several key aspects of the scheme unresolved. With the recent release of the exposure […]
ReadmoreBuilding certainty on Victoria’s Developer Bond scheme
The summer holiday season has not slowed down progress of the proposed domestic building reforms in Victoria. Draft regulations related to the Building Legislation Amendment (Buyer Protections) Act 2025 (Vic) (Act) were released for public consultation on 18 December 2025 and recently closed on 1 February 2026. In particular, the proposed Building (Developer Bonds) Regulations […]
ReadmoreVictoria’s planning shake up: What developers need to know
Victoria is on the cusp of its most transformative planning reform in decades. The Planning Amendment Better Decisions Made Faster Bill 2025 (Bill) aims to modernise the Planning and Environment Act 1987 (Act), streamlining approvals, reducing delays and accelerating housing delivery. These sweeping changes will directly affect landowners and developers, altering permit application processes, planning […]
ReadmoreHow are heritage properties in Victoria now assessed for land tax?
Landowners who own investments properties, commercial properties, holiday homes and vacant land are required to pay land tax. A landowner’s annual land tax is based on the “site value” of all the taxable land owned. The “site value” of land is set by the Valuer-General and reflects the unimproved value of the land, meaning the […]
ReadmoreFairer payments on jobsites: Bill to amend the Victorian Security of Payment Act introduced to the Parliament
The Victorian Government has introduced the Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Bill 2025 into Parliament, which proposes significant changes to the existing Building and Construction Industry Security of Payment Act 2002 (VIC) (Act). These changes aim to improve fairness, transparency, and efficiency in payment practices of the construction industry, broadly […]
ReadmoreSunset in the Sunshine State – A salutary lesson for developers
A recent decision of the Supreme Court of Queensland highlights the importance of developers exercising caution when relying on sunset date clauses in off the plan apartment contracts. In JYP Jiang Pty Ltd v CAV Gasworks Pty Ltd [2025] QSC 134, the court found that the developer had wrongfully terminated a contract using a sunset […]
ReadmoreCEG Direct Securities v Runtong: Full Federal Court overturns decision in a victory for secured creditors
The Full Federal Court has confirmed the validity of the longstanding practice deployed by credit providers of seeking cross-security from a borrower’s related entities (particularly in the context of the financing of commercial projects by that corporate group). In rejecting the liquidator’s characterisation of such a transaction as constituting an unreasonable director-related transaction, the Full […]
ReadmoreApplying the Rolls Royce treatment to limitation of liability clauses
The interplay between limitation of liability and set-off clauses When drafting limitation of liability clauses, it is important to consider what ‘liability’ is being limited and whether the limitation of liability (the ‘cap’) will apply to the total net liability after all set-offs are reconciled or whether the cap will apply separately to the liabilities […]
ReadmoreThe Victorian Building Authority to be reincarnated as the Building & Plumbing Commission
The Victorian Government has announced plans to bring together the Victorian Building Authority (VBA) with the Domestic Building Disputes Resolution Victoria, and the Domestic Building Insurance (DBI) function of the Victorian Managed Insurance Authority. The new regulator will be named the Building & Plumbing Commission. This announcement comes after Weir Legal and Consulting released their […]
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