Our experienced Real Estate legal team regularly publishes articles and updates - the full list of publications appears below. These publications provide a snapshot of the latest legislation, court cases, policy changes and contentious issues affecting the property and real estate industries. If you'd like to be notified when we add new real estate publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
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- 27 January 2012
Focus: Changes to bulky goods retailing in VictoriaRecent amendments to Victorian Planning Schemes expand opportunities for those involved in the retailing of bulky goodsand create potential for greater retail competition. Special Counsel Meg Lee and Lawyer Katherine Kirby report
- 25 January 2012
Focus: The issue of foreign investment in Australian agricultureThe Australian Government has used the release ofa report on foreign investment and Australian agriculture as an opportunity to reaffirm its support for foreign investment in the agricultural sector and articulate the issues that it considers when applying the national interest test to proposals for foreign investment in the sector. Partner Marcus Clark and Consultant Alan Millhouse report on this and other recent events relevant to foreign investment in Australian agriculture
- 16 December 2011
Focus: Holding buyers to off-the-plan contractsIn brief: Two recent Supreme Court of Queensland decisions are likely to provide a great deal of confidence for property developers and financiers wanting to enforce contracts for off-the-plan residential developments. Partner Tracey Harrip, Senior Associate Belinda Boulton and Law Graduate Christopher Pintegne report on the decisions that should also discourage speculative buyer litigation
- 09 December 2011
Focus: The way ahead for planning in NSW?Developers, decision-makers and the public, who could be affected by an overhaul of the NSW planning system, have the chance to help shape the new regime, through the release of an issues paper that invites feedback. Partner Paul Lalich and Lawyer Andrew McGovern report
- 09 December 2011
Audio: Oracle holds buyers to contractThe Supreme Court of Queensland handed down two significant decisions last week regarding off-the-plan contracts. Partner Tracey Harrip spoke to Boardroom Radio about the decisions and the implications for the residential property industry
- 29 November 2011
Focus: The Queensland floodplain: fertile ground for land use planning reformIn response to the Queensland floods last summer, scrutiny has fallen on the existing regulatory regime for development in floodplains and its shortcomings. Before the Queensland Floods Commission of Inquiry delivers its findings in the new year, an interim planning response has been implemented. Partner Bill McCredie and Lawyer Michael Zissis describe the implications of the interim policy and predict further reform of land use planning controls in Queensland's floodplains
- 28 November 2011
Client Update: Queensland retail shop leases legislation up for commentPublic comment is being invited on the legislation governing Queensland retail shop leases, as part of a regular review to determine its suitability for the state's retail leasing environment. Partner Paul Newman and Senior Associate Jaelle Berkovits report
- 25 November 2011
Focus: Landlords' enforcement of possession during company administrationLandlords need to be aware of moratorium provisions under the corporations legislation that may prevent them from enforcing their rights to possession of premises where the tenant is under administration. Senior Associate Amy Hoban and Law Graduate Ashleigh Dixon report on a recent Victorian Supreme Court decision
- 11 November 2011
Audio: Australian Construction Law - the year in review - 28 October 2011
Client Update: Queensland reforms reduce 'green tape' burdenIn a bid to reduce the 'green tape' burden on business, major reforms of the Queensland environmental assessment and approvals regime have been introduced, and will impact on businesses including the manufacturing, waste management, mining and resources sectors. Partner Bill McCredie and Senior Associate Eve Lynch report on the significant changes that are proposed
- 20 October 2011
Client Update: Subtenant granted relief against termination of headleaseIn brief: Landlords should be aware of a recent decision of the Supreme Court of Queensland where a subtenant gained relief against the automatic forfeiture of their sublease after the termination of the headlease. Special Counsel Christine Adamson and Lawyer Mark Steele examine the decision
- 17 October 2011
Client Update: Developers gain time in QueenslandDevelopers will be able to extend a statutory sunset period for off-the-plan strata contracts without recourse to the current regulatory process under new amending legislation recently introduced into the Queensland Parliament. Senior Associate Annabelle Aland and Lawyer Mark Steele explain
- 12 October 2011
Client Update: Landlord bound by unsigned leaseA recent NSW Supreme Court case where a landlord was found to be liable under a lease that he had not yet signed is a useful reminder for both landlords and tenants. Special Counsel Christine Adamson and Lawyer Mark Steele report
- 10 October 2011
Focus: Suspending restrictive covenants - developers beware!A recent decision of the High Court of Australia is a good reminder of the importance of complying with all the procedural requirements of the relevant planning instruments when councils attempt to override private restrictive covenants registered on land titles in New South Wales. Partner Nicholas Cowie and Lawyer Judith Hammerschlag explain.
- 27 September 2011
Audio: Proportionate liability reform on the horizonThe Standing Committee of Attorneys-General has released a proposal to make the proportionate liability regime uniform across Australia. Partner Nick Rudge spoke to Boardroom Radio about what these proposals would mean for the construction industry
- 05 September 2011
Client Update: Parting with possession in Victorian retail leasingThe Victorian Supreme Court recently considered whether a tenant had parted with possession of premises, enabling the landlord to re-enter them. Special Counsel Christine Adamson and Lawyer Sara Ironside report.
- 26 August 2011
Client Update: Brisbane floods - the silver lining for unit purchaserA recent Queensland Court of Appeal judgment is a timely reminder of some legislation's unintended consequences. Partner Tony Davies and Lawyer Mark Steele report
- 04 July 2011
Client Update: Greater protection for property buyers in VictoriaBuyers who enter into land sale contracts in Victoria will receive further protection, particularly in relation to 'off-the-plan' contracts and cooling-off periods, under new legislative amendments to come into force from September this year. Partner David McLeish and Senior Associate Stephanie Zemanski explain
- 16 June 2011
Audio: Landholder duty changes apply from 1 July in QueenslandThe Queensland Government this week confirmed changes to landholder duty to begin on 1 July 2011. Partner Katrina Parkyn speaks to Boardroom Radio about the changes, including how they will impact listed companies and listed unit trusts
- 02 June 2011
Client Update: Beware of Qld, SA and NT stamp duty changesQueensland, South Australia and the Northern Territory are to make important changes to their stamp duties legislation, with effect from 1 July 2011. The changes will broaden the reach of landholder duty and impose greater duty on a larger range of transactions, particularly affecting ones involving real property, mining tenements and listed entities. Partner Adrian Chek summarises the changes and considers the importance of the timing of any upcoming transactions
- 11 May 2011
Client Update: NSW to abolish ad valorem land transfer taxThe New South Wales Government has confirmed its pre-election promise to abolish the Torrens assurance levy. Partner Victoria Holthouse and Lawyer Vanessa Kingston look at the amending legislation that will abolish the ad valorem levy with effect from 1 July 2011
- 12 April 2011
Client Update: Queensland strata law changes require developer actionChanges to Queensland's Body Corporate and Community Management Act 1997 relating to lot entitlement methods of calculation and the disclosure of those to buyers will have an immediate impact on disclosure documents. The changes affect the sale of both off-the-plan lots and registered lots in a community titles scheme. Partner Tony Davies and Lawyer Mark Steele look at how these legislative changes will affect developers
- 07 April 2011
Client Update: Amending ratchet provisions in retail leasesThose individuals or businesses in Queensland who may be affected by sections of the Retail Shop Leases Act that deal with ratchet provisions in retail lease rent reviews and compensation for assignees in the event of misrepresentation should be aware of amending legislation recently passed by the Queensland Parliament. Special Counsel Christine Adamson and Lawyer Mark Steele explain
- 17 February 2011
Focus: Vendors beware!Vendors about to enter into contracts for the sale of land in New South Wales should be aware of potential risks posed by recent legislative changes and their effect on the compulsory content of planning certificates. Partner Nicholas Cowie and Senior Associate Andrew Selim report on the changes
- 03 February 2011
Audio: QLD land-rich duty amendmentsQueensland's land-rich duty regime will be replaced by new landholder rules from 1 July 2011. Partner Katrina Parkyn speaks to Boardroom Radio about how the new rules have the potential to impact significantly on transactions involving entities that own or have an indirect interest in any land in Queensland, including listed companies and listed unit trusts
- 17 January 2011
Client Update: Changes to NSW retail leases legislationLandlords and tenants of retail premises in NSW should be aware of the impact of possible changes to the current retail leases legislation. Partner Victoria Holthouse and Senior Associate Jayne Fullerton report on draft amending legislation which, at this stage, is open for discussion and may be affected by the impending state election
- 20 December 2010
Client Update: Harmonised landlord disclosure statement introduced.The new national harmonised landlord disclosure statement has now been introduced in Queensland, Victoria and New South Wales. Special Counsel Christine Adamson, Lawyer Sara Ironside and Law Graduate Joshua Hill report
- 07 December 2010
Client Update: Ratchet provisions void againNew Queensland legislation seeks to prohibit the use of ratchet provisions in rent reviews for retail leases and ensure that assignees are entitled to compensation for misrepresentation. Partner Grant Higgins and Special Counsel Christine Adamson report
- 23 November 2010
Client Update: Queensland Court of Appeal endorses material prejudice testIn April 2010, we looked at Wilson v Mirvac Qld Pty Ltd where the court accepted a material prejudice test arising out of further statements under Queensland body corporate legislation. Partner Tony Davies reports on the decision of the Queensland Court of Appeal that has now approved that test
- 24 September 2010
Audio: New energy efficiency disclosure obligations are you ready?Legislation designed to improve the energy efficiency of large buildings is set to begin on 1 November 2010. Partner Chris Schulz speaks to Boardroom Radio about how the legislation will affect owners and tenants of large buildings
- 14 September 2010
Focus: Room with a view: avoiding alleged misrepresentation in developmentsTwo recent Queensland Supreme Court decisions have highlighted the need for developers to control the information their agents provide to prospective purchasers, after apartment buyers were unable to terminate contracts based on claims of misleading and deceptive conduct related to views from the apartments. Partners Tony Davies and Tracey Harrip and Lawyer Kris Byrne report
- 13 August 2010
Audio: DA laws to boost retail competition in NSWRetailers in New South Wales could find it easier to open new stores under a draft State Environment and Planning Policy. Partner Paul Lalich speaks to Boardroom Radio about the potential impact on NSW retailers and landowners under the policy
- 21 July 2010
Client Update: Developers and management rights schemes: meeting the AFS requirementsRecently, Allens Arthur Robinson obtained for a client an ASIC exemption from the need to hold an Australian financial services licence for management rights schemes at an apartment complex. Partner Tony Davies and Senior Associate Bill Burton report on the exemption, which is thought to be the first of its kind
- 06 May 2010
Client Update: Operators of retirement villages in NSW required to register their interestThe NSW Retirement Villages Act 1999 has been amended to include a requirement that operators of retirement villages in New South Wales must register their interest on title
- 13 April 2010
Focus: New building access standards updateDetailed requirements to enable property owners, tenants and developers to comply with the provisions of the Disability Discrimination Act 1992 (Cth) relating to access to premises have been provided in the form of new disability access standards, which will be adopted as an amendment to the Building Code of Australia. Partner Nicholas Cowie and Senior Associate Matti Bechler report
- 08 April 2010
Client Update: New material prejudice test for 'further statements'All Queensland developers should be focused on the impact of a recent Queensland Supreme Court decision that has established a new test for material prejudice when buyers receive a 'further statement' under body corporate legislation. Partner Tony Davies reports
- 25 March 2010
Focus: Queensland developers and PAMDA amendmentsQueensland developers will be pleased with the proposed Property Agents and Motor Dealers Act 2000 (Qld) amendments recently introduced into the Queensland Parliament. The amendments will create greater certainty for all parties involved in residential sales, in particular, 'off the plan' sales. Back-to-back amendments have also been made to the Body Corporate and Community Management Act 1997 (Qld). Partner Tony Davies and Senior Associate Liam Chambers report
- 17 November 2009
Client Update: Queensland developers and sustainability requirementsFurther to our Focus, the Building and Other Legislation Amendment Bill 2009 has been passed. The provisions we discussed will commence from 1 January 2010. Partner Tony Davies reports
- 04 November 2009
Focus: Queensland developers and sustainability requirementsQueensland developers will need to prepare to disclose more information to buyers in order to comply with the Building and Other Legislation Amendment Bill 2009 when it becomes law. Partner Tony Davies outlines the changes
- 12 October 2009
Focus: Developer contracts and unfair termsDevelopers involved in large-scale projects with multiple sales should carefully review their contracts to ensure that they do not breach the terms of the Trade Practices Amendment (Australian Consumer Law) Bill 2009, which is specifically aimed at unfair terms in standard form contracts (including real estate contracts) and will apply Australia-wide. It is likely to become law on or about 1 January 2010. Partner Tony Davies reports
- 15 September 2009
Client Update: Queensland developers beware!Recent decisions of the Queensland Supreme and District Courts may have significant ramifications for contracting and settlement processes. Partner Tony Davies and Senior Associate Annabelle Aland report
- 08 July 2009
Focus: Rent review decision - dilemma for landlordsSpecial Counsel, Christine Adamson and Lawyer, Sarah Merrett examine a recent decision of the Queensland Court of Appeal dealing with ratchet clauses in retail shop leases in Queensland
- 23 June 2009
Audio: Major changes to NSW duty provisionsThe New South Wales Government announced in its state budget a range of new property concessions. Partner Adrian Chek speaks to Boardroom Radio about what the changes will mean for NSW property owners
- 04 June 2009
Focus: Developers, beware advertising material that misleads and deceivesA recent judgment of the Federal Court gives some very useful insights into how advertising material for the sale of residential product can be misleading and deceptive. Partner Tony Davies and Lawyer Donna Burnett report
- 20 April 2009
Focus: Retirement Villages & Aged CareIn our February Focus, we outlined recent key amendments to the Aged Care Act 1997 (Cth) and related legislation. Partner Tony Davies and Senior Associate Rebecca Barr present a case study on the legal implications of the amendments to link approved provider status to places, or 'bed licences', held.
- 07 April 2009
Client Update: How easy it is to be (legally) boundA recent decision of the Queensland Court of Appeal highlights how easily parties can bind themselves to an agreement for the sale of land, and the extent to which a court will read terms into the agreement to give effect to the parties' intentions. Partner Tony Davies looks at the decision that provides a timely reminder of why caution must be exercised when negotiating the commercial terms of a sale, particularly where it is intended that negotiations are non-binding or subject to legal documentation being finalised
- 01 April 2009
Client Update: FIRB real estate changesFollowing the Commonwealth Government's announcement in December 2008 that the FIRB regulations in regard to acquisition of real estate by foreigners was to be amended, the relevant legislation and policy documents have now been issued. Partner Tony Davies looks the changes that are generally effective from 18 December 2008
- 10 March 2009
Focus: Change to planning certificates in NSW - Vendors beware!There has been a change to the legislative regime governing planning certificates in New South Wales. Partner Victoria Holthouse and Lawyer Andrew Selim report on the new regulation and how it could pose a risk to vendors who have issued contracts for sale, by increasing the possibility of rescission by a purchaser
- 25 February 2009
Focus: Real estate spruiking has its limitsThe New South Wales Supreme Court has found that representations by real estate agents as to the future value of an off-the-plan property must have a reasonable basis. If those representations are relied on, even in 'an imprudent gamble', the purchaser may be entitled to an order for rescission. Partner Victoria Holthouse and Lawyer Usha Joyrama report on a recent NSW Supreme Court decision
- 17 February 2009
Focus: Retirement Villages & Aged CareWe look at legislative changes in NSW and at a federal level affecting the running of retirement villages and aged care facilities; exit fees under Queensland legislation; and the meaning of 'general services' in the Queensland context
