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Overview of Australia's foreign investment approval (FIRB) regime
Insight

Significant changes to Australia's foreign investment approval (FIRB) regime came into effect last year. This guide provides up-to-date information you need to know about how the new FIRB regime operates. ...

'Rate my builder' – next step in NSW Government rating regime
Insight 24 Jun 2022

Marking a further step in the New South Wales Government's 'Construct NSW' building and construction industry reforms, the Independent Construction Industry Ratings Tool (iCIRT) – which assesses construction professionals against a series of criteria2 – has released the first 19 developers and builders to have a public rating. In this Insight, we explain iCIRT's potential impact, and what action construction professionals and businesses can be taking now. ...

'Fiendishly difficult' – duty of care to impact more NSW building projects
Insight 03 Jun 2022

The recent Goodwin Street Developments decision provides much-needed guidance on the application of the statutory duty of care owed by builders (and certain building professionals) to property owners under section 37 of the Design and Building Practitioners Act 2020 . ...

Beware the stamp duty pitfalls of nominee clauses and resulting trust exemptions – discussion of the Victorian case of Hartman
Insight 11 Mar 2022

The recent Victorian case of Hartman1 demonstrates the potential stamp duty dangers of relying on nominee clauses in transactions involving land (or other dutiable property). The VCAT decision highlights the importance of settling, if possible, on the identity of the ultimate transferee prior to execution of a contract and, above all, the need for developers and other purchasers of land to seek advice before relying on a nominee clause or otherwise seeking to transfer title to a third party. ...

Are diversification leases the answer?
Insight 14 Dec 2021

The WA Government has proposed to introduce a new form of non-exclusive land tenure. These proposed diversification leases would be suitable for hydrogen and other renewable energy projects. ...

New changes aim to improve cash flow for suppliers to government post COVID-19
Insight 11 Oct 2021

Businesses supplying goods or services to the Federal Government need to be aware that they may need to modify their procurement processes to support shorter subcontractor payment time periods, under recent changes to federal procurement policies. ...

Key changes to COVID-19 commercial tenancy protections: what do landlords need to know?
Insight 27 Aug 2021

NSW's retail and commercial leasing regulations have been amended, now requiring (in addition to the protections under the original regulations) landlords not to increase rent, and to renegotiate rent and other lease terms, before taking enforcement action against eligible impacted tenants ...

Commissioner victorious in taxing cross-border trust distributions of capital gains
Insight 04 Aug 2021

The Full Federal Court has confirmed a controversial view held by the Commissioner of Taxation (the Commissioner) on the taxation of capital gains from non-taxable Australian property made by Australian resident discretionary trusts that are distributed to foreign resident beneficiaries. ...

Dumped: When a tenant walks out, who is responsible for abandoned waste?
Insight 22 Jul 2021

The New South Wales Environment Protection Authority (EPA) has issued a prevention notice requiring a landlord to clean up hundreds of tonnes of hazardous e-waste abandoned by its tenant. ...

Commercial landlords during the NSW COVID-19 lockdown: how can you take lease enforcement action and against which tenants?
Insight 20 Jul 2021

NSW's new retail and commercial leasing regulations are now in force, requiring landlords to use mediation before taking enforcement action against eligible impacted tenants during the current COVID-19 lockdown. ...

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