Emerging 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 […]
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 […]
ReadmoreKey developments in Victorian Security of Payment legislation – 10 reforms to watch
The Victorian Government recently issued a response confirming its support for all 28 of the recommended reforms to the Building and Construction Industry Security of Payment Act 2002 (Vic) (SOP Act) following a parliamentary inquiry in 2023. Security of Payment legislation regulates payment processes and payment disputes within the construction industry. It aims to ensure […]
ReadmoreBuild-to-Rent short series | Subdivisional solutions
The Gadens Build-to-Rent short series will focus on emerging property and development issues that affect Build-to-rent (BTR) projects – covering planning, subdivision structuring, fund through models and management issues. Click through the following links to read each instalment. Build-to-Rent short series | Has the planning scheme caught up? Subdivisional solutions BTR Projects often seek to […]
ReadmoreBuild-to-Rent short series | Has the planning scheme caught up?
The Gadens Build-to-Rent short series will focus on emerging property and development issues that affect Build-to-rent (BTR) projects – covering planning, subdivision structuring, fund-through models and management issues. Click through the following links to read each instalment. Build-to-Rent short series | Subdivisional solutions Has the planning scheme caught up? As BTR projects are increasing in popularity […]
ReadmoreManaging supply shortages and rising construction costs
As countries around the world counter the economic effects of COVID-19 by undertaking infrastructure projects and stimulating domestic construction, this has impacted global construction markets by creating: a shortage of some building materials; unpredictability in whether materials will be readily available when required; and upward pressure on labour and materials costs. To tackle these issues […]
ReadmoreCladding Safety Victoria Act receives Royal Assent
The Cladding Safety Victoria Bill 2020 (Vic) (CSV Bill) introduced 3 September 2020 has now received royal assent on 4 November 2020. The Cladding Safety Victoria Act 2020 (CSV Act) will come into operation on a day yet to be proclaimed, and at the very latest 1 July 2021. Key Features One of the main purposes […]
ReadmoreCOVID-19 | Construction hibernation? The impact of Stage 4 restrictions on construction projects
On 16 August 2020, the Public Health Commander issued the Workplace (Additional Industry Obligations) Directions (No 4), Workplace Directions (No 3) and Area Directions (No 7) (collectively, Directions), which provide much needed guidance on the potential impact of Stage 4 restrictions on construction projects in Victoria. Although the various government websites and daily press conferences […]
ReadmoreNSW Parliament Introduces a Statutory Duty of Care for Residential Building Work
In Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 (2014) 313 ALR 408, the High Court found that a builder did not owe a common law duty of care to the developer of residential apartment buildings or its successors in title (including an owners corporation) for economic loss caused by defective work. The High […]
ReadmoreThe Residential Apartment Buildings Act: 5 Things You Need to Know
Recent reports of structural defects in high-rise apartments including the Opal tower and Mascot tower have undermined public confidence in the quality of construction work carried out in New South Wales. It has also raised questions as to avenues open to property owners to seek redress for defective work and the enforcement powers available to […]
ReadmoreCOVID-19 | Executing Documents Electronically and Serving under the Security of Payment Act
The Australian construction and property industry is experiencing unprecedented uncertainty in respect of COVID-19. Practical challenges arise in relation to executing, lodging and serving documents by traditional means. Executing and lodging formal documents electronically The Australian states and territories have dealt with electronic signature and electronic lodgement differently. A summary of the electronic signing of […]
Readmore
