ACCC blocks Coles’ proposed Kalgoorlie supermarket: Implications for shopping centre developers, owners and managers
The ACCC has determined that Coles must not put into effect its proposed acquisition of a leasehold interest for a new supermarket site in Kalgoorlie-Boulder, Western Australia. The decision is significant for shopping centre owners, developers and managers because it shows that supermarket anchor tenant arrangements, including proposed leases over greenfield sites, may attract detailed […]
ReadmoreThe Building (Approvals and Practitioners) Bill 2026: A new framework for building approvals and oversight of building work in NSW
The NSW Government introduced the Building (Approvals and Practitioners) Bill 2026 (NSW) (Building Approvals Bill) that proposes a fundamental restructuring of the building approvals and certification regime while building on the quality and enforcement regime developed in prior legislation. For developers, builders, certifiers and manufacturers, the reforms will change how projects move from design through […]
ReadmoreNot 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) 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 scheme, […]
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 […]
ReadmoreImportant update for landlords: New tobacco licensing laws in NSW and lease termination rights
The NSW Government has recently passed major changes to tobacco laws that directly affect landlords leasing premises to retailers and wholesalers of tobacco and non-tobacco smoking products. What’s changed? As of 1 July 2025, the NSW Tobacco Licensing Scheme is officially in effect. This means: All retailers and wholesalers of tobacco and non-tobacco smoking products […]
ReadmoreMinister for Planning approves the Beveridge North West Precinct Structure Plan
The Beveridge North West Precinct Structure Plan (PSP) was approved by the Minister for Planning and officially gazetted on 5 August 2025, as part of Amendment C158mith to the Mitchell Planning Scheme. The PSP outlines a comprehensive framework for developing approximately 1,279 hectares of land situated south of Wallan and northwest of Beveridge in Victoria. […]
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 […]
ReadmoreOwners Corporation update: Recent VCAT decision highlights the need for further legislative change
Owners Corporation PS738539K v Ka-Po was heard by the Victorian Civil and Administrative Tribunal (VCAT or the Tribunal) where the applicant, Owners Corporation PS738539K (the OC), sought orders pursuant to section 34D of the Subdivision Act 1988 (Vic) (the Act) to alter title boundaries in Plan of Subdivision PS738539K (Ka-Po case). The outcome of the […]
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 […]
ReadmoreDevelopers don’t look away now…the week that was
Last year the Victorian State Government announced ambitious housing targets, committing to delivering 800,000 dwellings in greater Melbourne over the next 10 years, plus 425,600 new homes for regional Victoria by 2051. Under increasing pressure to meet these targets, the Government has had a bumper week of housing-related announcements. The Gadens Real Estate & Construction […]
ReadmoreIs the finality of arbitrations now a myth for apportionable claims?
Proportionate liability now applies to the substantive law of arbitrations in Australia The finality of arbitrations is now a myth – at least in respect of disputes involving apportionable claims where parties have not contracted out of the proportionate liability regime. When parties to a commercial contract select arbitration as a forum for resolution of […]
ReadmoreStrata developers in NSW spared increase in bond payments until November 2024
Amendments to the Strata Schemes Management Regulation 2016 – bond increase to 3% delayed until 2 November 2024 Under section 207 of the Strata Schemes Management Act 2015 (NSW) (Act), prior to applying for an Occupation Certificate, the developer of a strata scheme is required to provide security (called a ‘building bond’) equal to 2% […]
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