Latest publications
Owners Corporations / Associations now subject to Unfair Contract Terms
Under the new strata law reforms commencing 1 July 2025 (the Strata Schemes Legislation Amendment Act 2025 (No. 14) NSW) a key change that will impact owners corporations and associations[1] are the unfair contract terms (UCT) provisions.In line with Australian Consumer Law, UCT will now be banned and will apply to:contracts for a supply of…
Unfair contract terms in outdated standard form contracts could cost you a fine of $50 million (Companies) or $2.5 million (Individuals)
If you have not reviewed your standard form construction contracts since 9 November 2023 (when the amended Competition and Consumer Act 2010 (Cth) – Schedule 2 (ACL) became effective), you could be at risk of any/all unfair contract terms being declared void and having to pay a penalty. This means that:Any standard form contract…
Important Workplace Relations Changes Effective 1 July 2025
Employers and employees alike should be aware of important changes in the workplace relations arena, effective 1 July 2025. From that date:the high income threshold for unfair dismissal claims will increase to $183,100 per annum (from the present $175,000 per annum) and the compensation limit will be $91,550 (equivalent to 6 months of the revised high income threshold amount) for dismissals…
Current state of the construction and infrastructure market
The building and construction industry is significant and complex, with a landscape which is constantly changing.It is currently characterised by: significant public investment in national infrastructure with a $213 billion pipeline over 5 years to financial years 2027 – 28planning approval delays particularly in NSWhigh costs of constructioncontinuing and increasing construction related insolvenciesa chronic shortage of housinga…
Q&A with Swaab's new building and construction partner, Mark Glynn
Why did you choose Swaab?When I first met with Mary Digiglio, Swaab’s managing partner and Helen Kowal, partner construction and strata and thereafter the broader Swaab leadership group, I felt an immediate alignment with their values and commitment to client service.Our moral compasses were aligned, and this was the most important factor in my…
Might a Receiver of a distressed development project owe a duty of care to subsequent owners of the lots when completed?
Upon taking possession and control of an incomplete distressed development asset, a secured financier will more often than not look to complete the project works itself in order to maximise its recovery.This may necessitate the financier assuming responsibility for the building contract in order to complete the project works or engaging a replacement…
No will, no direction: The estate of Liam Payne and understanding law of intestacy
When Liam Payne sang “nobody can drag me down” we didn’t think he was talking about his aversion to sitting down and drafting his estate planning documents. However, after leaving no valid will on his death, the distribution of the former One Direction star’s fortune is up to the rules…
Beware Retail Lease Disclose Statements
Before a retail lease is entered into, the Retail Leases Act 1994 (NSW) (the RL Act) requires a landlord to give a signed Lessor’s Disclosure Statement (Disclosure Statement) to the tenant. The Disclosure Statement contains important information about the premises and the commercial terms of the lease — such as the permitted use, the…
Developers beware the statutory ‘non delegable’ duty of care under the Design and Building Practitioners Act 2020
The Design and Building Practitioners Act 2020 (DBP Act) came into effect in NSW in June 2020. Since its introduction the courts have provided guidance on the interpretation and reach of this Act. This article looks at the recent High Court decision of Pafburn Pty Ltd v The Owners – Strata Plan No…
Which edition of Building Code of Australia applies to developments in NSW?
The Building Code of Australia (BCA) is part of the the National Construction Code (NCC). The NCC is updated every 3 years, based on required regulatory practices, industry research, public feedback and policy directions from governments between publishing cycles.Construction projects often span 2 versions of the BCA.There has historically been much debate in the New…