Construction: Part 4 - Residential construction

Developers need to be aware of changes to notification requirements for off-the-plan contracts.

This monthly roundup examines key NSW Supreme Court and District Court decisions interpreting the Building and Construction Industry Security of Payment Act 1999, analyzing how courts are applying the legislation's 'pay now, argue later' philosophy in disputes over adjudication determinations, payment claims, and enforcement stays. The decisions address critical issues including interlocutory injunctions, payment schedule validity, and the interplay between interim adjudications and final dispute resolution

The collapse of the Bathla Group has sent ripples through Australia's construction sector, raising critical questions about financial distress management in major projects. With Queensland delivering an unprecedented infrastructure pipeline amid margin pressures and market uncertainty, are project participants adequately prepared to identify and respond to insolvency warning signs before external administrators arrive?

Prescribed threshold for annual rent under the Retail and Commercial Leases Act 1995 (SA) (Act) has been increased.

If building owners miss the deadline for Part 1 of the checklist, there is a fine of 20 penalty units for non-compliance.

The Revenue and Other Legislation Amendment Act 2009 comes into effect on 30 June 2009.

In a recent Queensland Supreme Court case, the key issue for the Court to decide was whether the 'ratchet' rent review clauses in the lease were permitted by the Retail Shop Leases Act 1994 ("the Act"). Ratchet rent review clauses do not allow CPI or market rent reviews to decrease the rent.

Building works or disputes that cause homes to be unoccupied for extended periods could result in a Land Tax liability.

Resource companies are failing to adequately compensate for the disruption to the business activities of the landowner.

The Commission will have a role in both strategic planning and development assessment within the Greater Sydney Region.