Buying Property in NSW – 5 Things to Check Before You Exchange
CML LAWYERS A practical guide from CML Lawyers | Sydney CBD & Cowra NSW Exchanging contracts is the moment you become legally committed to buying a property. Once you exchange — with very limited exceptions — you are bound. There is no undoing it without financial consequence. Yet property buyers routinely exchange without fully […]
Pre-exchange Purchaser Property Checklist
PRE-EXCHANGE PROPERTY CHECKLIST Print and work through this checklist before exchanging contracts on any NSW property 1. THE CONTRACT ☐ Obtained a copy of the Contract for Sale before making an offer ☐ Solicitor has reviewed the full contract including all annexures ☐ Settlement period confirmed and is realistic for my lender ☐ Special […]
When “Exclusive Remedy” Clauses Are Not So Exclusive: Lessons from DeMarco v Macey [2026] NSWSC 57
Supreme Court of New South Wales | February 2026 Overview A recent Supreme Court of New South Wales decision has reinforced an important principle for builders and property owners alike: a contractual clause that purports to limit remedies for breach of a building contract will not necessarily operate as an exclusive remedy, and may not […]
No Positive Obligation: NSW Court of Appeal Clarifies Builder Rectification Rights in Building Defects Cases
Ceerose Pty Ltd v Owners — Strata Plan No 89074 [2025] NSWCA 235 November 2025 Executive Summary In a significant decision for the building and construction industry, the NSW Court of Appeal has definitively ruled that owners corporations and property owners have no positive obligation to provide builders with opportunities to rectify building defects. The […]
Equitable Accounting and Co-Ownership Rights
Parkas v Shankar [2025] NSWSC 1140 (BC202515437) Abstract The New South Wales Supreme Court decision in Parkas v Shankar represents a significant contribution to the jurisprudence surrounding co-ownership of real property and the equitable principles governing contribution claims. This case provides important clarification on the rights of co-owners to recover expenditures for improvements and repairs, […]
NSW Supreme Court Strikes Down $63.4M Disruption Claim in Major Infrastructure Case
Key Takeaway: No Room for Creative Contract Interpretation When Language is Clear In a decisive judgment delivered on 4 September 2025, the NSW Supreme Court’s CPB Contractors Pty Ltd v Transport for NSW [2025] NSWSC 1005 serves as a crucial reminder for construction professionals about the limits of contract interpretation. Hammerschlag CJ struck out CPB’s […]
Special Purpose Vehicle out in the Cold after the Supreme Court Freezes Developer’s Assets
The Supreme Court of NSW has ordered a special purpose development company to not dispose of the proceeds of sale of its remaining units in a strata development until a defects claim is resolved.
Conditional Certificates of Practical Completion
Is your Certificate of Practical Completion what you think it is? We have seen instances where Superintendents have purported to issue ‘conditional certificates of practical completion’. Such that while the majority of the criteria of practical completion as defined in the contract has been achieved but for whatever reason not all the criteria has been […]
What is a scope of Works
The Scope of Work Definition in Construction The scope of work might be the most important part of a construction agreement – even more important than the price. The scope of work in construction is the list of construction obligations, as well as work activities that all contractors, subcontractors, and suppliers are obligated […]
Paid when Paid provisions
What are paid when paid provisions and how are they relevant in the construction industry? The Problem Delays in payments are endemic in the construction industry all over the world. With global reports concluding that the construction industry is most affected by delays with 65% of stakeholders having experienced delayed payments. Extensive research […]