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The sun sets on developers using Sunset Clauses

Developers are in the firing line again as the Victorian Government seeks to restrict the ability of developers to terminate an “off the plan” contract of sale. The Sale of Land Amendment Bill 2018 (Vic) (Bill) was introduced to the Parliament by the Minister for Consumer Affairs on 21 August 2018. The Bill seeks to […]

Lease or Licence?

It is common in developments where the developer does not own the land that a developer will enter into a development agreement with the land owner coupled with a construction lease or licence to occupy and construct on the land. The ability to occupy the land is crucial to undertaking the development and if the […]

How will the new GST withholding regime impact your development?

The ATO has released a draft of the legislation which will give effect to the proposed new GST withholding requirements for buyers in new developments announced by the Treasurer in this year’s budget speech. Partner Matthew Raven has produced this brief summary. Who is affected? The proposal will affect all developers of apartments and […]

Housing affordability policy initiatives create concerns and uncertainty for Victorian property investors and developers

Significant housing affordability policy initiatives were unveiled by the Victorian government over the weekend. Whilst the announcements have focused on the impact of these initiatives on first home buyers and the efforts to tackle housing affordability for these buyers, the proposals contain cause for concern for Victorian property investors and developers. A proposed stamp duty relief for […]

Copying Building Plans – Cost Savings…or Costly Mistake?

A recent Federal Court decision1 serves as a reminder that copying building plans can be an infringement of copyright, which may attract significant financial imposts on both the landowner and the builder. Background Mr and Mrs Mistry (Mistrys) and building designer, Henley Arch Pty Ltd (Henley) were in discussions to design and build the “Amalfi […]