VCAT returns to in-person planning and valuation hearings
After more than 2 years of online hearings, this week VCAT reintroduced in-person planning and valuation hearings where appropriate. This Gadens planning update provides an overview of what hearings will now be held in person, what we can except in the hearing rooms and the COVID-19 safety measures that have been implemented. What hearings and […]
ReadmoreMajor reform of NSW construction legislation on the horizon
The New South Wales Government has recently introduced three new bills and one accompanying regulation which aims to improve the standards and accountability of participants in the construction industry within the state. The bills, which are currently in the consultation phase until 25 November of this year, are the: Building Bill 2022; Building Compliance and […]
ReadmoreUnions seeking to expand into the real estate industry
There has been a recent push in NSW by the United Services Union (USU) and the Shop, Distributive and Allied Employees Association (SDA) to expand into the real estate industry – an industry that has traditionally seen low levels of union activities. Spokespersons from both unions have raised concerns about harassment and unsafe practices within […]
ReadmoreThe 2022 NCC – Mandating energy efficient homes
The National Construction Code (NCC) 2022 will be available from 1 October 2022, with a raft of new performance requirements designed to improve liveability and reduce energy consumption and carbon emissions. This update focuses on the new energy efficiency requirements in the NCC 2022. The proposed changes to NCC 2022 to address energy wastage are […]
ReadmoreChanges to Victorian planning law to support environmentally sustainable developments
The Minister for Planning has approved Amendment VC216 (Amendment), with the changes to the Victorian Planning Provisions taking effect from 10 June 2022. What does the Amendment do? The Amendment makes changes to the Victoria Planning Provisions and all local Planning Schemes to support environmentally sustainable development (ESD) outcomes. For the first time, all local […]
ReadmoreVCAT Fast Track List for post-permit applications
From 1 July 2022, VCAT will establish a Fast Track List to expedite a number of post-permit applications. These changes are designed to improve the efficiency of VCAT’s procedures and to provide certainty to applicants and developers – particularly after a permit has been secured for a development site. The following applications under the Planning and […]
ReadmoreThe duty of care under the DBP Act can extend to owner developers who have ‘substantial control’ over the carrying out of building work
In The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659, the plaintiff (Owners Corporation) commenced proceedings against Pafburn Pty Limited (First Defendant) (Builder) and Madarina Pty Limited (Second Defendant) (Developer) in relation to alleged defective construction work in respect of a strata development in North Sydney. The Developer was the owner […]
ReadmoreGreen loan financing – taking root in fertile soil
Green finance is financing where the proceeds are used by a borrower in financing projects that make a contribution to an environmental objective. This is an important way in which finance markets are contributing to the objectives of the 2015 Paris Climate Agreement, seeking to align finance with low greenhouse gas emissions and climate-resilient development. […]
ReadmoreQueensland’s Project Trust Account phased rollout delayed
Project Trust Accounts (PTAs) are currently required for eligible contracts for: State Government and Hospital and Health Services valued at $1 million or more (ex. GST); and since 1 January 2022, the requirement to have a PTA has been extended to the private sector and local government building contracts valued at $10 million or more […]
ReadmoreCOVID-19 | Victorian Commercial Tenancy Relief 3.0 – Victoria introduces extended rent relief for small business
In response to the ongoing impact of COVID-19, the Victorian Government has now released the Commercial Tenancy Relief Scheme Regulations 2022 (Vic) (2022 Regulations) which extends the entitlement to rent relief and related protections for certain small businesses. What has changed? Our previous publication on the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations) can be found […]
ReadmoreLand Use Framework Plans – A new level in Melbourne’s strategic planning framework
The Department of Environment, Land, Water and Planning (DELWP) is currently seeking public feedback for newly released draft Land Use Framework Plans. Feedback for the Land Use Framework Plans is open until 24 October 2021 and be done using the following methods by visiting this link. What are Land Use Framework Plans? The Land Use […]
ReadmoreOwners Corporation Update: Obtaining an order for unanimous consent just got harder
The Owners Corporations and Other Acts Amendment Act 2021 (Vic) (the Amending Act) which is due to commence on 1 December 2021 will significantly alter the circumstances in which a member of an owners corporation, or an owners corporation itself, have standing to apply to VCAT for orders under sections 32 or 33 of the […]
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