Developers or property owners often need to make changes to a development approval in response to changing market conditions or operational needs. In Queensland, under the Planning Act 2016 (Qld) (PA) a person may apply to change a development approval for either a ‘minor change’ or a change ‘other than for a minor change’ (other […]
ReadmoreProportionate 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 […]
ReadmoreLast year the State Government expanded Victoria’s Development Facilitation Program (DFP) – making the Minister for Planning the decision maker for significant residential developments ($50 Million or more in Melbourne, or $15 Million or more in regional Victoria) that include affordable housing. As a result of these changes to the DFP, many developers have (or are in the process […]
ReadmoreAmendments 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% […]
ReadmoreThe Gadens Doing business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, as well as practical advice on how to go about setting up and doing business in Australia. Australia is an ideal investment location for foreign companies looking to grow internationally, benefitting from well-developed infrastructure, […]
ReadmoreLast week, the Victorian Government released their draft statewide housing targets. In an ambitious target, 2,001,000 additional dwellings are proposed to be constructed between now and 2051 across Metropolitan Melbourne – being almost double the number of existing dwellings currently constructed in Metropolitan Melbourne. The Government wants local councils to ‘unlock space for more homes […]
ReadmoreAmendments to the DBP Act – further 12 month reprieve for DBP Act insurance requirements for Builders Under the Design and Building Practitioners Act 2020 (NSW) (DBP Act), it is a condition of registration for design and building practitioners that they are ‘adequately insured’ against liabilities arising under the DBP Act including as a result […]
ReadmoreThe Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 (the Amendment Act) has now commenced, which introduces into NSW the strongest environmental laws in Australia. The overhaul has occurred at the same time as the NSW Environment Protection Authority (EPA) has carried out criminal investigations into the asbestos-contaminated mulch, which emphasised the need […]
ReadmoreOn Thursday 21 March 2024, the Victorian Government released its responses to the inquiries in relation to land transfer duty fees and apartment design standards. Key takeaways are provided below. Commercial and Industrial Property Tax The government in its response confirmed its commitment to abolish and replace stamp duty with the Commercial and Industrial Property […]
ReadmoreThe Department of Transport and Planning (DTP) has released the draft Montague Precinct Infrastructure Plan (PIP) and draft Development Contributions Plan (DCP) for Fishermans Bend. These documents are on public exhibition until 23 February 2024 and will have a substantial impact on landholdings across the Fishermans Bend urban renewal area. The Fishermans Bend urban renewal […]
ReadmoreThe City of Melbourne (Council) has proposed the Future Streets Framework (Framework). The Framework seeks to implement the strategic directions of the Transport Strategy 2030, which seeks to reallocate more space to people walking and cycling in the Melbourne CBD, reduce central city through-traffic and transform precincts around major transport interchanges into pedestrian thoroughfares. New […]
ReadmoreLast week the Minister for Planning approved Amendment C162, which applies the Design and Development Overlay Schedule 14 (DDO14) on an interim basis (until 27 October 2023), to land bordered by Nepean Highway, Kananook Creek Boulevard, Beach Street and Wells Street, Frankston (the Amendment). The Amendment amends Planning Scheme Map No. 4DDO and inserts a […]
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