Australia: Inside track: Property & Real Estate - In the media, in practice and courts, cases and legislation

Last Updated: 5 September 2019
Most Read Contributor in Australia, September 2019

In the media


Commercial real estate prices stumble in global capitals
Commercial property prices in major cities around the world tumbled in the second quarter, amid signs of slower global growth and heightened trade tension between China and the U.S. In Australia, where the economic growth has slowed sharply since mid-2018, property prices were down more than 2 per cent in Melbourne and Central Sydney (14 August 2019). More...

CEFC drives $1 billion in smaller-scale clean energy projects as Bank of Queensland comes on board
The CEFC has marked a major milestone in Australia's clean energy transition, helping drive more than $1 billion in new investment in smaller-scale clean energy projects Australia-wide (13 August 2019). More...

Infrastructure report highlights need for extra investment and planning
Australia is sleepwalking its way towards becoming a nation of three megacities with regions which struggle with social and economic equity issues, the Planning Institute of Australia warns (13 August 2019). More...

Infrastructure critical to city transformation: Audit
The Property Council of Australia welcomed the release of Infrastructure Australia's 2019 Australian Infrastructure Audit and its recognition of the critical infrastructure needs of our growing cities, especially the big four of Sydney, Melbourne, Brisbane and Perth (13 August 2019). More...

Significant building reform 'needed to restore insurers' confidence
Insurers won't consider offering unrestricted products in the building industry professional indemnity market until confidence in the sector is restored, Insurance Council of Australia says (12 August 2019). More...

Commercial property rebounds as office, industrial outperform
Growing confidence in the commercial property market, led by gains in the office and industrial sectors in the eastern states, has brought a major indicator of sentiment back into the black. Capital growth and rental returns on industrial properties are also tipped to grow over the next year, if at a more modest rate of 1.0 per cent and 1.1 per cent, respectively (09 August 2019). More...

Why commercial property future could be a growth market for agents
The market sentiment for commercial property has seen "a strong lift in confidence" in the second quarter of 2019, despite retail and CBD hotels showcasing less than stellar performances. The swing has apparently been led by strong optimism across NSW and Victoria, with the report noting that by sector, positive sentiment has increased the most for commercial office spaces (12 August 2019). More...

CEFC backs QSCF Climate Bonds Initiative certified green bond to support sustainable investment market
The CEFC has made a cornerstone investment of $30 million in the QIC Shopping Centre Fund green bond, the first Climate Bonds Initiative certified green bond issued by a retail property landlord globally, and an exciting milestone in the development of Australia's green bond market (09 August 2019). More...

REIA: Housing finance figures show green shoots
The June 2019 Lending to Households and Business Figures released by the Australian Bureau of Statistics show rises in new lending commitments for both owner occupier and investor dwellings (07 August 2019). More...

Unlocking more sustainable finance with GRESB, NABERS and Green Star
The property sector is fast cottoning on to the power of green bonds and other sustainable financing mechanisms to create a more sustainable built environment, including the residential market (06 August 2019). More...


Hotel Windsor's controversial revamp all but killed off as permit extension knocked back
Controversial plans for a $330 million redevelopment of Melbourne's historic Hotel Windsor are quashed, after Victorian planning minister Richard Wynne refused the owning Halim family's request for a fourth extension on the 26-storey tower project (09 August 2019). More...

"A sorry tale indeed": Ombudsman calls for end to saga affecting owners of Ninety Mile Beach land
Owners of land that cannot be built on along Gippsland's Ninety Mile Beach should be refunded rates and waste charges, Victorian Ombudsman Deborah Glass has recommended, ending a 65-year-long saga, where a developer lured people, mostly migrants from Europe, to buy land promoted as a 'slice of paradise on Victoria's Gold Coast'. (07 August 2019). More...

Melbourne developer aims to curb Epping congestion
The delivery of new infrastructure could solve congestion issues in Melbourne's growing northern region, with Melbourne-based developer MAB Corporation pledging to deliver an "essential piece of road" in Epping (07 August 2019). More...

Tiny homes unveiled during homelessness prevention week
People experiencing homelessness now have more housing options with the opening of the first six of a planned 57 tiny homes on vacant government-owned land. In an Australian-first project these units will be situated on nine parcels of land owned by VicRoads that have been leased to the Department of Health and Human Services (05 August 2019). More...


Big off-the-plan reform push launched by REINSW
In response to government proposals for off-the-plan contracts, the REINSW has called for protective financial risk provisions to be extended to all parties involved in these contracts, not just purchasers (14 August 2019). More...


The show will go on: Old Burleigh Theatre Arcade given extra protection
The Palaszczuk Government has granted extra planning protection for iconic Gold Coast seaside theatre, the Old Burleigh Theatre Arcade (16 August 2019). More...

Brisbane's narrowest commercial tower approved
A development application has been approved for an ultra-skinny mixed use tower located in Brisbane's CBD. Hames Sharley principal Jason Preston said the building's narrowness meant the design needed to be innovative in dealing with the challenges of structural tension, compression and stability and honoured the heritage status of the existing building (15 August 2019). More...

Gold Coast enters luxury market hit list
The Gold Coast is the newest entry on to a list of international high-end property markets, with a strengthening pipeline of new projects attracting affluent local and interstate buyers (14 August 2019). More...

Koala habitat cleared for housing development against Environment Department's offset policy
The Federal Environment Department approved the clearing of more than 75 hectares of critical koala habitat west of Brisbane in breach of its own policy (13 August 2019). More...

Planning for Oxley sees childcare relocate following three-year consultation period
A new planning framework, designed to guide future development within the Oxley Priority Development Area (PDA), came into effect after three years of research, planning and public consultation. The controversy centered on the nature of PDAs, which remove an application from local government assessment, making applications instead assessed by the state government (13 August 2019). More...

More apartments approved in Sunshine Coast's new CBD
New changes to the state government's priority development scheme will see the delivery of up to 4000 new apartments in the new $2.1 billion Maroochydore CBD (09 August 2019). More...

Yeerongpilly Green masterplan maps out transformative Southside project
The masterplan model for the $850 million Yeerongpilly Green urban renewal project was unveiled, with the development set to generate around 7600 jobs over the next decade (09 August 2019). More...

Maroochydore City Centre Development Scheme approved
Greater housing diversity and a new Maroochydore CBD will be accommodated in the Maroochydore City Centre Priority Development Area after the state government approved changes to the PDA's development scheme (09 August 2019). More...

Development scheme creates planning certainty for Oxley PDA
A new planning framework to guide future development within the Oxley Priority Development Area (PDA) has come into effect, following three years of research, planning and public consultation (09 August 2019). More...

Yeronga PDA development scheme given the green light
A new and permanent home for Yeronga Community Centre is a step closer with the development scheme approved for the Yeronga Priority Development Area (PDA) (09 August 2019). More...

PCA: Brisbane office markets bounce back
The Property Council of Australia's latest Office Market Report shows that vacancy across the CBD has dropped from 12.9 per cent to 11.9 per cent over the last six months. Vacancy in the Brisbane Fringe fell from 15.7 per cent to 13.8 per cent over the same period. The Gold Coast saw a reduction in demand for office space with an increase from 11.6 per cent to 12.9 per cent across the city in the first half of 2019 (08 August 2019). More...

'Enough is enough': Minister, council oppose clearing for Brisbane aged-care centre
The Queensland government is under extreme pressure from one of its own ministers to cancel 15-year-old plans to clear six hectares of "regionally significant" bushland at Stafford Heights (07 August 2019). More...

Silverstone inks deal on Brisbane redevelopment of 458 Wickham Street
Silverstone Developments has entered into an agreement with the Queensland government for the redevelopment of the PCYC and a 12-storey commercial development in Brisbane's Fortitude Valley (07 August 2019). More...

International uni, 30-Storey tower next Step in Fortitude Valley renewal
A new $180 million international university campus and 30-storey tower comprising student accommodation, co-living and co-working space is planned for Brisbane's inner suburb of Fortitude Valley. A 12-year lease agreement has been signed with the international NASDAQ-listed Torrens university for its new Fortitude Valley based campus (06 August 2019). More...

AVJennings lodges plans for 8,700 homes in Caboolture
ASX-listed developer AVJennings has lodged plans for a new masterplanned community spanning 410 hectares north of Brisbane. The greenfield development in Caboolture West has been earmarked for more than a decade, with Australia's population growth continuing to drive demand in "next growth areas (05 August 2019). More...

Published – articles, papers, reports

An assessment of Australia's future infrastructure needs
Infrastructure Australia: 13 August 2019
The 2019 audit covers transport, energy, water, telecommunications and – for the first time – social infrastructure, and looks at the major challenges and opportunities facing Australia's infrastructure over the next 15 years and beyond. More...

Regional population growth – are we ready?
Jack Archer, Kim Houghton, Ben Vonthethoff; Regional Australia Institute: 07 August 2019
The RAI is calling for a new national awareness campaign to promote the opportunities of living in regional Australia, and help drive a population shift in coming decades. More...

Older Australians and the housing aspirations gap
Amity James, Steven Rowley, Wendy Stone, Sharon Parkinson, Angela Spinney, Margaret Reynolds
Australian Housing and Urban Research Institute: 07 August 2019
This research examined the housing aspirations of older Australians (i.e. aged 55 years and over), including home owners and renters in the private market and in social housing, to provide the evidence-base for policies needed to deliver their required housing and housing assistance. More...

In practice and courts


API Alert: Retail Leases Act 2003 (Victoria) – Definition of 'Retail Premises'
The VCAT recently handed down the decision of Phillips v Abel [2019], further clarifying 'retail premises' under the Retail Leases Act 2003. Significantly, the 'purpose of occupation' and the 'ultimate consumer' test apply when determining whether property is 'retail premises' under the Act. This governs whether a landlord is entitled to recover land tax from a tenant (13 August 2019). More...

RICS draft guidance note - Measurement of Land for Development and Planning Purposes (1st edition)
Once adopted, the guidance will have far-reaching implications for development surveyors, planners, architects and government administrators around the world as the new standards become global best practice for the consistent calculation of land measurement and associated metrics. Consultations close on 17 September 2019 (06 August 2019). More...

ABCB: Energy efficiency scoping study
The ABCB has released an energy efficiency scoping study for public comment. The study outlines an approach and scope for investigating possible changes to the NCC's energy efficiency provisions, with a focus on NCC 2022. This work will consider the COAG Energy Council's Trajectory for Low Energy Buildings.
Consultation closes 8 September 2019. More...

Announcements, Draft Policies and Plans released 2019


Parliament: Online tabled papers – 06 August 2019
1084: Professional Standards Act 2004: Instrument amending the Australian Property Institute Valuers Limited Professional Standards Scheme (Refer to Professional Standards (Australian Property Institute Valuers Limited Scheme) Amendment Notice 2019, No. 145 of 2019). More...
Associated Papers
Professional Standards Act 2004: Professional Standards (Australian Property Institute Valuers Limited Scheme) Amendment Notice 2019, No. 145
Professional Standards Act 2004: Professional Standards (Australian Property Institute Valuers Limited Scheme) Amendment Notice 2019, No. 145, explanatory notes

Titles Registry Alert No 154: Important changes to the witnessing requirements for Titles Registry instruments and revised Land Title Practice Manual to commence later this year
New and revised practice requirements have been developed to reflect the upcoming changes and provide additional guidance for witnesses. A new standalone part of the Land Title Practice Manual, Part 61, has been created for this purpose. To give witnesses time to understand the practical effect of the amendments and review their processes the draft Part 61 – Witnessing and Execution of Instruments or Documents with these updated witnessing practice requirements has been made available (06 August 2019).

BCC: Draft design guide - low-to-medium density housing
The draft New World City design guide - Subtropical homes for a Brisbane lifestyle will provide advice and support to encourage quality design of townhouses and apartments up to five storeys. Consultation has now commenced and will close on 13 September 2019. More...

BCC: Design strategy for Brisbane
Design-led City - a design strategy for Brisbane intends to outline a vision for design quality across Brisbane's built environment. The consultation document sets out the draft priorities and design values to guide design outcomes for all development and infrastructure projects, and identifies potential actions to support, regulate, reward and implement quality design in Brisbane. Consultation will close on 13 September 2019. More...

Attorney General: Free state-wide seminars explain body corporate laws
Queensland's Office of Body Corporate and Community Management will host free seminars across the State to help inform community members about body corporate laws. The seminars will be held in late August and September at the Gold Coast, Logan, Brisbane, Sunshine Coast, Hervey Bay, Gladstone, Mackay, Townsville and Cairns. (07 August 2019). More...

PCA: Queensland planning policy update
A number of local and state government related planning decisions impacting the property sector have been released.
New Model Code for Neighbourhood Design
Queensland Government has released a new model code for neighbourhood design, and is proposing to make parts of the code mandatory. The Queensland Government is seeking feedback on what parts of the code to make mandatory with consultation closing on 1 September 2019. More...

Sunshine Coast incentives
Sunshine Coast Council has announced a three-year extension to its Infill Development Incentives Policy which offers incentives for infill development on the Sunshine Coast. All applications for an incentive must be submitted to Council between 1 July 2019 and 30 June 2022. More...

Have your say: Energy from Waste Policy discussion paper
The Queensland Government has released a discussion paper outlining the proposed role for energy from waste, how it could support the implementation of the Waste Management and Resource Recovery Strategy and support the State's transition to the principles underpinning the circular economy. Energy from waste involves converting waste materials into fuels, or energy in the form of electricity, heat, or cooling. Queenslanders can have their say on the Energy from Waste Policy Discussion Paper. Submissions close on 26 August 2019. More...

Note: Safer Buildings: Parts 2 and 3a deadlines extended
Bodies corporate and building owners across Queensland have been given additional time to complete Parts 2 and 3a of the Safer Buildings combustible cladding checklist. The new deadlines will be as follows:
Part 2: extended from 29 May 2019 to 31 July 2019
Part 3a: extended from 27 August 2019 to 31 October 2019. More...


Provans Timber Pty Ltd v Secretary to the Dept of Transport (Costs Judgment) [2019] VSC 537
COSTS – proceedings brought under Land Acquisition and Compensation Act 1986 ('LAC Act') – owner of acquired land claimed for balance of compensation for market value of land – claim successful – Calderbank offer – offer not accepted by Authority – whether Authority's failure to accept Calderbank offer unreasonable – authority to pay indemnity costs after the date the period for acceptance of the Calderbank offer expired – LAC Act, s 91 – Hazeldenes Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) (2005) 13 VR 435 applied.

Key Infrastructure Australia Pty Ltd v Bensons Property Group Pty Ltd [2019] VSC 522
CONTRACT – development management agreement – term that planning permit be issued by a certain date – whether defendant elected to appeal to VCAT pursuant to term of agreement – holding that defendant did not elect to appeal – whether decision by VCAT that permit should be granted satisfied the term – holding that decision by VCAT granting permit did not satisfy term.
CONTRACT – whether terms of development management agreement included implied terms of good faith and co-operation – Duty of co-operation implied – duty of good faith not implied – holding that defendant had breached duty of co-operation – plaintiff entitled to nominal damages.
EQUITY – whether defendant estopped from relying on strict wording of term of development management agreement – Conventional estoppel – equitable estoppel – holding that estoppel not established.

Hawker v Powercor Australia Ltd [2019] VSC 521
PRACTICE AND PROCEDURE – group proceedings – approval of Settlement Application under Supreme Court Act 1986 (Vic), s 33V – in the interests of group members as a whole – whether terms of settlement "fair and reasonable" – settlement Approved.
Mr Hawker commenced a proceeding against Powercor as provided for in Part 4A of the Supreme Court Act 1986 on behalf of himself and other persons who had suffered loss and damage as a result of the Gnotuk bushfire.

Waterfront Place Pty Ltd v Minister for Planning & Ors [No 2] [2019] VSCA 166
PRACTICE AND PROCEDURE – costs – application for leave to appeal – leave to appeal refused – whether applicant should pay costs of two respondents – respondents acting at arm's length during litigation – applicant ordered to pay costs of both respondents on standard basis – Local Democracy Matters Incorporated v Infrastructure New South Wales [No 2] [2019] NSWCA 118 and Statham v Shephard (No 2) [1974] 23 FLR 244, applied.

Mizzii & Anor v Ballin & Anor [2019] QCAT 216
LANDLORD AND TENANT – RETAIL AND COMMERCIAL TENANCIES LEGISLATION – where tenant in default of essential terms under Lease – where rent arrears – where rates owing – where cleaning and make-good owing – where amount owing for furniture and equipment sold under Chattels Agreement – whether interest payable – where Tribunal does not have statutory discretion to award interest – where enabling provision did provide for interest.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – where strong indicator against awarding of costs – where nothing to displace usual position that each party must pay own costs.
Queensland Civil and Administrative Tribunal Act 2009 Qld s 100, s 102, s 103
Retail Shop Leases Act 1994 Qld s 103

Sunshine Coast Regional Council v Dwyer & Ors [2019] QPEC 36
It is further ordered that pending a decision in proceedings for the enforcement order, interim enforcement orders are made pursuant to section 180(5) of the Planning Act 2016 (Qld) that: 4. The First, Second, Third and Fourth Respondents by themselves, servants or agents stop carrying out all works associated with the Rooftop Work and the Rooftop Area until a development permit for building work is in effect for the development.

Burnett Street Nominees Pty Ltd v Sunshine Coast Regional Council [2019] QPEC 35
ENVIRONMENT AND PLANNING – APPLICATION – where the applicant seeks an order pursuant to s 78 Planning Act 2016 to change a development approval by allowing the development to be in stages – whether the proposed change is a "minor change" – whether the proposed change would not result in a substantially different development.
Planning Act 2016 Qld ss 68, 78(1), 78A, 80, 81(2), 85, 86; Planning Regulation 2017 Qld s 44; Planning and Environment Court Act 2016 Qld s 46(3); Sustainable Planning Act 2009 Qld ss 350, 369

Toula Holdings Pty Ltd & Ors v Morgo's Leisure Pty Ltd & Ors [2019] QSC 196
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – JUDGMENTS AND ORDERS –where the applicants were successful on appeal in an action brought by the respondent plaintiffs concerning the lease of a hotel – where the applicants seek leave to proceed pursuant to r 389 of the Uniform Civil Procedure Rules in an application for compensation for damages pursuant to r 264(3) or r 900(3) of the Uniform Civil Procedure Rules – where the trial judge made orders setting timetables for the action on the respondents' undertaking in the usual form as to damages and the applicants' undertaking not to sell the hotel – where the trial judge subsequently made freezing orders against the applicants on the respondents' undertaking as to damages – whether the respondents breached their undertakings for the purposes of r 264(3) or r 900(3) – whether r 264(4) has any application.


High Court (2020 Sittings) Rules 2019
08/08/2019 – These Rules of Court appoint the High Court days of sitting for 2020.

Competition and Consumer (Price Inquiry—Water Markets in the Murray-Darling Basin) Direction 2019
08/08/2019 – This instrument requires the Australian Competition and Consumer Commission to hold a price inquiry into markets for tradeable water rights relating to water in the Murray-Darling Basin.


Subordinate legislation as made – 16 August 2019
No 153 Environmental Protection (Air) Policy 2019
The purpose of this policy is to achieve the object of the Act in relation to the air environment. This regulation commences on 1 September 2019.
No 154 Environmental Protection (Noise) Policy 2019
The purpose of this policy is to achieve the object of the Act in relation to the acoustic environment. This regulation commences on 1 September 2019.
No 155 Environmental Protection Regulation 2019
This regulation commences on 1 September 2019.
No 156 Environmental Protection (Water and Wetland Biodiversity) Policy 2019

Subordinate legislation as made – 09 August 2019
No 151 Nature Conservation (Wildlife Management) (Infrastructure) Amendment Regulation 2019
No 152 Building and Other Legislation Amendment Regulation 2019
This Regulation is made under the Building Act 1975 and the State Penalties Enforcement Act 1999. This Regulation permits private building certifiers to continue to perform their function, improves the administrative and regulatory functions of the QBCC in administering the combustible cladding checklist process, imposes penalties against registered owners for not taking required actions, and requires that fire engineers notify building owners and the QBCC when they reasonably believe a private building will require risk mitigation measures. This Regulation was notified on 9 August 2019.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions