Applying 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 […]
ReadmoreChanging development approvals for developers and property owners in Queensland
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 […]
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 […]
ReadmoreLife in the (planning) fast lane… what’s the cost?
Last 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 […]
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% […]
ReadmoreDoing business in Australia
The 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, […]
ReadmoreDraft statewide housing targets for Victoria – More than 2 million new homes by 2051
Last 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 […]
ReadmoreThe new DBP Act amendments – insurance requirements for Builders remain exempt until 1 July 2025
Amendments 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 […]
ReadmoreAustralia’s strongest environmental laws have commenced in NSW with significant changes to EPA powers and penalties for environmental offences
The 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 […]
ReadmoreBusy day in Parliament – Victorian Government responds to stamp duty and apartment design standards
On 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 Montague Precinct and Fishermans Bend – Have your say on Victoria’s largest urban renewal project
The 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 […]
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