The federal government’s proposed changes to negative gearing and capital gains tax concessions are expected to reshape where investors direct their attention over the coming years.

Under the policy settings, established properties would lose access to both incentives, while new and off-the-plan apartments would retain them, creating a clear advantage for buyers willing to purchase into the development market instead.

That shift comes at a time when the supply of traditional investor-grade apartments has already become increasingly limited.

For years, one-bedroom apartments formed the backbone of investor demand. Compact, lower-priced and typically positioned in high-demand locations, they were the type of stock developers actively brought to market.

Today, the development pipeline across New South Wales looks very different.

Projects are increasingly geared towards owner-occupiers, with larger three and four-bedroom apartments dominating many new developments. While there are still some one-bedroom and smaller two-bedroom configurations available, genuine investor-focused stock is no longer as common as it once was.

With investors now expected to look more closely at the new apartment market, we analysed the projects currently on offer across New South Wales for buyers reconsidering the established market.

We focused on developments priced around $1 million, a realistic ceiling for many investors in the current lending environment. In precincts closer to the CBD, that budget will typically secure a one-bedroom apartment, while in a number of growing middle-ring and outer suburbs, it can still stretch to a two-bedroom unit.

<h3>Danks St District, Waterloo</h3>

Price: From $985,000

One of the largest mixed-use developments currently underway in Sydney's inner south, DASCO Australia's Danks St District will transform a 1.7-hectare site on Bourke Street into a six-building residential precinct with more than half of the site dedicated to open space.

[smartcode_project:default project_id=111820 project_image_fid=344699]

The project offers one, two and three-bedroom apartments, terraces and penthouses within walking distance of Surry Hills, Centennial Park and the future Waterloo Metro Station. For investors seeking a blue-chip inner-city location, it is one of the few opportunities to secure a new apartment under $1 million this close to the CBD.

Danks St District also has the sought-after 10-year Latent Defects Insurance by Resilience Insurance, covering an investor for any major structural or waterproofing issues that may arise within the first 10 years of the building completing.

<h3>Senso, Epping</h3>

Price: From $835,000

Epping continues to attract strong buyer demand thanks to its connectivity, schooling options and growing town centre. Senso, a five-building development by DASCO, will deliver 479 apartments adjacent to the future Epping Town Centre masterplan.

[smartcode_project:default project_id=134954 project_image_fid=4396]

The project is just a short walk from Epping Metro Station, providing direct access to Macquarie Park, Chatswood and the Sydney CBD. One-bedroom apartments start from $835,000.

DASCO has also taken out Resilience LDI on Senso.

<h3>Willow, Wentworth Point</h3>

Price: From $735,000

Wentworth Point has emerged as one of Sydney's fastest-growing apartment markets, underpinned by major infrastructure investment and improving transport links.

[smartcode_project:default project_id=6969 project_image_fid=228633]

Willow forms the latest stage of Sekisui House Australia's $2 billion Sanctuary masterplan and will deliver 309 apartments across a mix of low-rise buildings and a 28-storey tower. One-bedroom apartments start from $735,000, offering one of the more accessible entry points into Sydney's waterfront apartment market.

<h3>Mason &amp; Main, Merrylands</h3>

Price: From $498,000

For investors focused on affordability and immediate rental returns, Mason &amp; Main stands out as one of the few completed projects on this list.

[smartcode_project:default project_id=31751 project_image_fid=359818]

The Coronation Property development comprises 415 apartments in the heart of Merrylands, directly opposite Stockland Merrylands and just 350 metres from the train station. Studios start from $498,000, while one-bedroom apartments are available from $635,000.

<h3>Zeste, Norwest</h3>

Price: From $755,000

The final apartment release within Sekisui House Australia's $1 billion Orchards masterplan, Zeste marks the completion of a community more than a decade in the making.

[smartcode_project:default project_id=150510 project_image_fid=351885]

Positioned 600 metres from Norwest Metro Station, the project offers one to four-bedroom apartments and access to extensive communal amenities and established parklands. One-bedroom apartments start from $755,000.

<h3>The Residences at Wahroonga Estate, Wahroonga</h3>

Price: From $895,000

New apartment supply in Wahroonga is exceptionally rare, particularly at scale.

[smartcode_project:default project_id=135247 project_image_fid=284378]

The first stage of the 64-hectare Wahroonga Estate masterplan will deliver 133 apartments surrounded by bushland and established Upper North Shore amenity.

For investors seeking exposure to one of Sydney's most tightly held markets, one-bedroom apartments start from $895,000.

<h3>Aeris, Melrose Park</h3>

Price: From $724,000

Melrose Park is set to become one of Sydney's largest urban renewal precincts over the next decade, with thousands of new homes planned alongside significant transport and retail infrastructure.

[smartcode_project:default project_id=426 project_image_fid=355197]

Aeris is the sixth stage of Sekisui House Australia's $5 billion masterplan and will deliver 468 apartments across three towers. One-bedroom apartments start from $724,000.

<h3>Dawn, Melrose Park</h3>

Price: From $704,000

Also within the Melrose Park masterplan, Dawn offers one of the lowest entry points on this list.

[smartcode_project:default project_id=145496 project_image_fid=334164]

Developed by Sekisui House Australia and Hankyu Hanshin Properties, the project comprises 368 apartments across four buildings, with one-bedroom apartments starting from $704,000.

<h3>The Rothschild, Rosebery</h3>

Price: From $799,000

Completed projects are becoming increasingly difficult to find in Sydney's inner south, making The Rothschild a notable opportunity for investors wanting immediate rental income.

[smartcode_project:default project_id=106843 project_image_fid=256816]

The Deicorp development sits within walking distance of The Cannery, Green Square and Gunyama Park, with one-bedroom apartments available from $799,000.

<h3>Larool Crescent, Castle Hill</h3>

Price: From $730,000

Castle Hill remains one of Sydney's strongest-performing metro-connected suburban markets, supported by major retail amenity and direct rail access to the city.

[smartcode_project:default project_id=135330 project_image_fid=289121]

CPDM's Larool Crescent development will deliver 113 apartments and townhouses just 600 metres from Castle Hill Metro Station. One-bedroom apartments are priced from $730,000.

<h3>The Avenues, Zetland</h3>

Price: From $803,000

Directly opposite Gunyama Park and Aquatic Centre, The Avenues forms part of Deicorp's broader $874 million East Zetland precinct.

[smartcode_project:default project_id=146262 project_image_fid=357151]

The development combines park-front living with proximity to Green Square Station and the CBD, while one-bedroom apartments remain available from $803,000.

<h3>The Kensington, Kensington</h3>

Price: From $1.03 million

While sitting slightly above the $1 million threshold, The Kensington remains one of the few opportunities to secure a brand-new apartment in Sydney's tightly held eastern suburbs.

[smartcode_project:default project_id=110959 project_image_fid=371479]

Located just four kilometres from the CBD, the TOGA development benefits from direct light rail access and proximity to UNSW, Prince of Wales Hospital and the broader K2K precinct.

The building has recently completed, and will welcome residents soon.

<h3>Lillian, Erskineville</h3>

Price: From $1,075,000

Erskineville rarely sees significant new apartment supply, particularly in locations adjacent to major parkland.

[smartcode_project:default project_id=135149 project_image_fid=368154]

Coronation Property's Lillian overlooks the new McPherson Park and sits just 3.5 kilometres from the CBD. While one-bedroom apartments are priced slightly above $1 million, the combination of location and limited competing supply places it among Sydney's most compelling inner-city apartment opportunities.

<h3>La Vera, Macquarie Park</h3>

Price: From $700,000

Macquarie Park continues to evolve from a commercial hub into one of Sydney's most significant mixed-use centres.

[smartcode_project:default project_id=134951 project_image_fid=358802]

Urban Property Group's La Vera offers one-bedroom apartments from $700,000, placing it among the most affordable new apartment opportunities in a precinct supported by metro rail, employment and education infrastructure. La Vera is another project with the sought-after 10-year Latent Defects Insurance.

Joel Robinson

Investors to turn to new and off the plan apartments after federal government changes spark hunt for Sydney’s best sub-$1 million projects

Fitzroy is set for another apartment development in keeping with its cool, urban heritage.

The busy&nbsp;<a href="https://www.apartments.com.au/developers/antipodean-land-developments">Antipodean Land Developments</a>, which is also progressing projects in Thornbury and Surrey Hills, has plans for <a href="https://www.apartments.com.au/new-apartments/11-13-spring-street-fitzroy-vic-3065">14 new apartments at&nbsp;11–13 Spring Street</a>, near Johnston Street and the tram route along Nicholson Street.&nbsp;

The proposal has been submitted through Victoria's Great Design Fast Track pathway and would see the retention and integration of two contributory heritage buildings on the corner of Spring and Argyle Streets, combined with a contemporary apartment development rising up to eight storeys.

Designed by award-winning Melbourne architecture practice <a href="https://www.apartments.com.au/architects/edition-office">Edition Office</a>, the project would deliver 14 apartments across three distinct building forms. Rather than adopting a conventional tiered apartment form, Edition Office has broken the development into three separate volumes connected by a central void inspired by Fitzroy's network of laneways.

"Celebrating the fine grain of Fitzroy with simple, abstracted forms, three distinct built elements are proposed rather than a single monolithic 'wedding cake' tiered arrangement," the design report states.

<img alt="First look: Antipodean Land Developments plans heritage-led Fitzroy apartment project" data-entity-type="file" data-entity-uuid="cdcb1ced-fca6-41a6-adf5-901603e6310d" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Article%20Feature%20Image%20%28Grid%29_6.png?VersionId=CAYRBBvysDCvrjmcRhjkIJDS6QnTph0_" />

The project is proposed on a 554 sqm corner site within the South Fitzroy Heritage Precinct. Existing buildings include a former two-storey warehouse fronting Spring Street and a former terrace house on Argyle Street, both identified as contributory heritage places. The proposal retains the heritage facades and visible return walls, integrating them into the new built form while introducing additional residential density on the site.

The development would comprise 12 three-bedroom apartments, one two-bedroom apartment and one one-bedroom apartment, reflecting a focus on larger inner-city residences suited to owner-occupiers and families seeking proximity to Melbourne's CBD.

Ground level would accommodate communal indoor and outdoor spaces designed to foster interaction between residents and the surrounding neighbourhood. Vehicle parking would be concealed behind the retained heritage buildings, while resident bicycle parking and rooftop communal landscaping are also proposed.

Edition Office said the design was heavily influenced by the area's industrial and residential heritage fabric.

"The proposal seeks to provide a new addition to this existing fabric emerging from the historic values and syntax of Fitzroy's architectural motifs, utilising contemporary design and construction techniques," the architects noted.

The design draws on the character of South Fitzroy's red-brick warehouses and Victorian terraces, with the architects seeking to create a contemporary building that responds sensitively to its heritage context through materiality, scale and façade articulation.

Antipodean Land Developments has established a reputation for design-focused residential projects across Melbourne's inner north. The family-owned developer's previous projects include Neighbourhood in Brunswick East with Breathe Architecture and Balfe Park Lane in Brunswick East with Kerstin Thompson Architects.

They are currently advancing plans for <a href="https://www.apartments.com.au/news/vic/first-look-antipodean-land-developments-plans-heritage-led-apartment-community-in-surrey-hills">76 apartments and townhouses in Surrey Hills</a>, on the site of the former St Joseph's Home for Destitute Children, a historic institutional complex dating back to the late 19th century. The proposal seeks to adaptively reuse several heritage buildings while introducing two new four-storey residential buildings set within extensive landscaped grounds.

First look: Antipodean Land Developments plans heritage-led Fitzroy apartment project

Burwood's expanding high-rise skyline could soon push further west, with <a href="https://www.apartments.com.au/developers/nascon-group">Nascon</a> lodging plans for a new apartment tower that would deliver more than 100 homes on the edge of the town centre.

The developer has filed a State Significant Development application over 17-19 Conder Street and 21 Conder Street, seeking approval for a <a href="https://www.apartments.com.au/new-apartments/17-21-conder-street-burwood-nsw-2134">16-storey building with around 112 apartments</a>, including around 11 affordable housing dwellings.

The proposal would replace the existing buildings on the 1,387 sqm site, located about 500 metres from Burwood Station and positioned between the established high-density core of Burwood Town Centre and surrounding lower-scale residential neighbourhoods.

<img alt="First look: Nascon targets Burwood growth corridor with 112-unit apartment tower" data-entity-type="file" data-entity-uuid="42661fa8-5d3c-4a81-9b72-458dbaa8c3bd" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/site_14.png?VersionId=CMvGvlno3zjvU7_.JL8ChjWPIactF9bV" />

Designed by <a href="https://www.apartments.com.au/architects/kennedy-associates-architects">Kennedy Associates Architects</a>, the project has been conceived as part of Burwood's ongoing transition toward higher-density housing around major transport infrastructure.

"The building employs massing, articulation, and materiality to create a balanced, restrained, and contemporary residential tower that can both stand alone and contribute to the evolving urban character of Burwood," the architect said in the Design Report.

Plans currently on exhibition include a mix of market and affordable housing apartments, communal open space, landscaping, bicycle parking, and basement parking. The affordable housing component would account for around 10 per cent of the total apartments proposed.

Kennedy Associates Architects said the design responds directly to the site's role as a transition point between Burwood's high-rise town centre and surrounding residential areas.

"The Conder Street façade, as the public face of the building, responds to its role as an 'end' building by resolving the street wall and delivering public space to the street," the Design Report states.

<img alt="First look: Nascon targets Burwood growth corridor with 112-unit apartment tower" data-entity-type="file" data-entity-uuid="089306ae-62d3-4321-94bc-4be5351794a8" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/burwood%20da.png?VersionId=S_NRQJwmUJtybLwgV2mXA7iUEqjk0.5R" />

The architects also noted the building's location less than 200 metres from significantly taller developments already approved or under construction within Burwood Town Centre, reflecting the area's changing urban character.

The site sits within walking distance of Westfield Burwood, Burwood Park, Burwood Library, several schools, medical facilities, and a range of retail and dining offerings concentrated around Burwood Road and The Boulevarde. It is also near the planned Burwood Cultural House precinct, which is expected to introduce new public open space, cultural facilities, and community infrastructure to the area.

The proposal arrives as Burwood continues to emerge as one of Sydney's most active apartment development markets with numerous existing, approved and proposed projects across the town centre ranging from 20 to more than 40 storeys. Burwood North was <a href="https://www.apartments.com.au/news/nsw/nsw-government-to-rezone-burwood-north-and-trigger-15-000-new-homes-near-future-sydney-metro-station">rezoned last year</a>, which trigger around 15,000 new homes around the future Burwood North Metro Station.

First look: Nascon targets Burwood growth corridor with 112-unit apartment tower

Brisbane has emerged as one of the country's most compelling property markets over the past five years. It feels like a lifetime ago that Sydney and Melbourne dominated the conversation as Australia's benchmark housing markets. Fast forward to 2026, and Brisbane hasn't just joined that conversation, it's leading it.

One of the first questions I'm asked when speaking with developers, planners and industry leaders in Sydney and Melbourne is, "How's the market in South East Queensland?"

The region has become, and continues to be, the envy of the southern states. Developers from across the country have shifted their attention north, attracted by strong population growth, robust demand fundamentals and a planning environment that is often viewed as more supportive of new housing supply. Just as importantly, many are drawn by the lifestyle that South East Queensland offers.

While many locals have been surprised by the pace of growth in recent years, there has long been a belief that Brisbane was undervalued relative to Australia's other major capitals. The transformation of lifestyle destinations such as Howard Smith Wharves and Queen's Wharf, coupled with Brisbane's proximity to the Gold Coast and Sunshine Coast, has elevated the city's appeal and helped it realise the potential many believed was always there.

I recently caught up with several of the developers shaping Brisbane's next wave of apartment projects to understand what they're seeing on the ground, where demand is coming from, and how much further the city's property market can run.

<h2>Brook Monahan 
<a href="https://www.apartments.com.au/developers/mosaic-property-group">Mosaic Property Group</a></h2>

The fundamental drivers of Brisbane's housing dynamics in 2026 are straightforward: a generational transfer of wealth on a scale Australia has never seen, and migration numbers that continue to exceed expectations.

An enormous amount of wealth will move through the next decade. That wave isn't going anywhere. Simultaneously, you can't run migration at the numbers we're seeing, while also having a generational shift of wealth from boomers, and not expect demand to remain strong.

People move here, they bring money, they want to buy a home and create a future.

[smartcode_project:default project_id=134792 project_image_fid=328119]

While top-end product in some pockets has softened from the frenzy of 18 months ago, the wave will remain pretty strong, especially for developers with brand trust and a long-term track record.

The $4 million to $10 million segment remains fairly robust, but buyers are much more educated now than they've ever been. They have access to information and they're smart people. They're generally not willing to trust a new entrant asking $15 million with no track record.

This heightened consumer discernment is reshaping how developers evaluate premium projects.

<h2>Don O'Rorke 
<a href="https://www.apartments.com.au/developers/consolidated-properties">Consolidated Properties Group</a></h2>

Brisbane's property market is no longer defined by demand, but by delivery.

Strong population growth and the infrastructure pipeline linked to the 2032 Summer Olympics continue to drive long-term confidence, but the key question has shifted. No longer are we asking if enough demand exists, but how much new supply can realistically be delivered in time.

Construction times and costs are the defining constraints.

[smartcode_project:default project_id=150713 project_image_fid=359987]

Costs remain high and are increasingly unpredictable. Recent geopolitical tensions have driven sharp increases in diesel, petrol and key building inputs such as cement and PVC, adding between 3 and 5 per cent to project costs. That can add as much as $125,000 to the entry price of a new three-bedroom luxury apartment.

At the same time, the industry is heading into a period of heightened competition for labour. As Olympic and infrastructure projects ramp up, the availability of skilled trades will tighten further, placing additional pressure on both cost and program.

In this environment, development becomes more selective. There is less margin for error, which is why the focus is shifting decisively toward premium sites and high-quality product.

Only projects with strong fundamentals, considered design and a genuine point of difference will justify the cost of delivery.

<h2>Dan Boman 
<a href="https://www.apartments.com.au/developers/fortis">Fortis</a></h2>

Whether Brisbane can sustain its significant dwelling growth remains the million-dollar question.

However, we are seeing considerable depth in the local market, particularly in premium suburbs. Local buyers in these areas are largely not price-sensitive. Many have built substantial wealth in their family homes, with much of that growth occurring over the past five years.

The scale of this appreciation has surprised even long-term homeowners, prompting many to think more strategically about their next move and, in some cases, to speed it up.

[smartcode_project:default project_id=145922 project_image_fid=371404]

&nbsp;

These buyers are increasingly informed, paying close attention to supply constraints across the state and recognising the limited opportunities likely to emerge in blue-chip suburbs in the coming years.

While they remain considered in their decision-making, their focus has shifted more towards quality, premium inclusions, fixtures, finishes, and amenities rather than price alone.

Given the constrained pipeline in the premium downsizer segment, there is little to suggest this end of the market will slow in the near term. We expect this momentum to continue throughout the year and well into 2027.

<h2>John Kearney 
<a href="https://www.apartments.com.au/developers/immerse-projects">Immerse Projects</a></h2>

Brisbane has been one of Australia's most consistent and resilient property markets for a long time, well before the Olympics-induced demand spike.

A key driver of that resilience is the city's economic foundation. Brisbane is home to a significant number of public sector roles, as well as the headquarters of major mining and resources companies. Regardless of broader market cycles, these employment bases remain relatively stable, supporting ongoing housing demand.

The global attention on the Olympics has also highlighted a gap in the market, particularly in the middle segment, broadly ranging from the $800,000s to the high $1 millions.

This product is rarely found in the inner city or on the outer fringe. Instead, it is best suited to what we describe as the urban fringe. This is where we see the greatest opportunity.

It caters to a segment of buyers seeking quality, well-located homes without the premium price tag of top-end product, and remains one of the most undersupplied parts of the Brisbane market.

<h2>Christie Leet 
<a href="https://www.apartments.com.au/developers/sherpa-property-group">Sherpa Property Group</a></h2>

The more well-trodden path for developers operating across both Brisbane and the Gold Coast has typically been for those based in the capital to expand south to the Coast. We've taken the opposite approach, recently expanding into the Brisbane market, and we're glad we did.

Similar to the Gold Coast, where we introduced Flourish, a brand focused on delivering more price-accessible apartments, we identified the same gap emerging in Brisbane.

[smartcode_project:default project_id=7574 project_image_fid=351654]

There is strong demand for one-bedroom apartments under $1 million and two-bedroom apartments under $1.5 million, yet these options remain relatively scarce in a market increasingly dominated by larger, downsizer-oriented product priced well above $2 million.

A number of macro factors are shaping the development landscape, from both a construction and buyer perspective, including cost escalation and higher interest rates.

The entry-level market is being squeezed from both sides, which inevitably pushes up the prices required to deliver new apartments.

In our view, the strongest opportunities currently sit within this segment of the market, and we expect that to remain the case in the years ahead.

Where is the Brisbane market heading?

Australia Post is one of the country’s most trusted institutions, powering one of the largest delivery networks in Australia. As online shopping continues to scale, Australians spent a record $82.6 billion online in 2025, with nearly one in four retail dollars now spent online.

That scale of eCommerce activity has fundamentally changed expectations around how and when parcels arrive, and what happens when someone isn't home.

<h3>Problem solved with Parcel Lockers</h3>

The traditional alternatives to home delivery are far from ideal. Buildings can rely on reception teams to manage deliveries, which introduces ongoing staffing costs and liability concerns. Parcels can be left in common areas, which creates security and aesthetic issues. Or residents are redirected to nearby Post Offices for collection, which shifts the inconvenience rather than solving it.

<iframe allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" allowfullscreen="" frameborder="0" height="315" referrerpolicy="strict-origin-when-cross-origin" src="https://www.youtube.com/embed/dVG5ChLHf7E?si=D9hQRGCBuzlSQBqK" title="YouTube video player" width="560"></iframe>

The data behind that frustration is significant. Nationally, around 9 per cent of deliveries are carded, meaning the recipient was not home and must collect the parcel from a Post Office. That figure reflects the national average reported between November 2025 and January 2026. In Melbourne, that figure rises to 20 per cent. In high-density living, it climbs again to 28 per cent. In other words, more than one in four deliveries in Melbourne apartment buildings results in a failed first attempt.

<h3>How Parcel Lockers work</h3>

The mechanics are simple. When a parcel arrives, the resident receives a notification either through the Australia Post app or via SMS. They scan a QR code, use their one-time PIN and the compartment opens. The parcel is secure, accessible and removed from the lobby floor.

Located in thoughtfully chosen, easily accessible areas, including external building interfaces, mixed-use precincts or shared communal zones, Parcel Lockers enhance convenience without requiring internal building access or additional operational oversight.

<h3>The scale of the network</h3>

This expansion represents Australia Post's largest investment in parcel infrastructure to date, building on momentum that began in 2011 when the first 24 Parcel Locker sites were introduced.

Today the Australia Post Parcel Locker network spans over 1,400 locations and more than 105,000 individual compartments, with major investment already underway to significantly expand the network further.

<h3>What it means for developers and building operators</h3>

A Parcel Locker bank is free to install and free for residents to use. That removes one of the primary barriers to adoption and shifts the conversation from cost to integration.

Australia Post's preference is to engage with developers during the design phase. That allows Parcel Lockers to be located in a considered, publicly accessible space that works for residents and the broader community. Retrofit is possible, and existing buildings can be assessed, but the strongest results occur when Parcel Lockers are treated as part of the core services plan rather than a bolt-on solution.

While the iconic Australia Post red is widely recognised, Parcel Lockers can also be delivered in more muted palettes such as beige or green to align with architectural intent.

For developers, they offer a tech-forward amenity that meets modern expectations, a reduction in courier congestion and building-management load supporting lower emissions and better ESG outcomes, and a meaningful marketability advantage in high-density, eCommerce-active areas, all at no cost for installation and maintenance, with Australia Post funding the program aside from power access.

<h3>Who's using them</h3>

Generational shopping behaviours show strong, sustained growth across all cohorts. Millennials (27–43) led online spend in 2024, contributing nearly $25 billion. Baby Boomers (60–78) increased their online spend by 17.6 per cent, becoming the fastest-growing adopters. Gen Z (13–26) and Gen X (44–59) continue to lean on delivery services as part of their everyday shopping habits.

Internationally, uptake is even more pronounced. Overseas markets are seeing rapid adoption by both developers and consumers, positioning Parcel Lockers as standard infrastructure in many new residential projects. For Melbourne's development community, this signals a shift in baseline expectations. Just as secure bike storage and dedicated parcel rooms have become more common, integrated Parcel Locker networks may soon be viewed as part of the essential service mix.

<h3>The bigger picture</h3>

Parcel Lockers aren't just a logistics fix. Developers invest heavily in lobby design, materials, lighting and landscaping to shape first impressions. Yet a stack of unattended parcels can undo that effort in an instant. Embedding parcel infrastructure early allows projects to respond to how people actually live today, supporting resident satisfaction, reducing operational strain and aligning with broader community and ESG outcomes.

As Belinda Quinn, Senior Transaction Manager – Retail &amp; Out of Home at Australia Post, puts it, residents increasingly expect delivery solutions that align with real life, are flexible, secure and available whenever they need them.

How Australia Post is solving the parcel problem for apartment living

Lawyers

<html><body>
GUEST OBSERVER
The Conveyancing Amendment (Sunset Clauses) Act 2015 came into effect on 2 November 2015, as the new division 10 s66ZL of the Conveyancing Act 1919 (NSW).
The amendments require vendors to either obtain the consent of all of the purchasers before they can rescind an off-the-plan contract in reliance on a sunset clause in the contract, or alternatively, obtain the permission of the Supreme Court to rescind.
These new laws apply to all attempts to rescind for sunset dates in all off-the-plan contracts for sale of residential lots in New South Wales after 2 November 2015, no matter when the contract was entered.
The Case
Jobema Developments Pty Limited v Zhu &amp; Ors [2016] NSWSC 3 is the first case in which the Supreme Court had a developer's request to rescind a contract in reliance of a sunset clause for an off-the-plan property since new laws came into effect. The Court rejected the developer’s application to rescind a contract pursuant to a sunset clause.
Background
Mr Wu (defendant) entered into the contract with Xycom, the original vendor, on 6 December 2013, to purchase a home unit off-the-plan. It was in a 14 storey property development project for 72 residential units and 7 commercial lots in Dora Street, Hurstville. The sunset date for the registration of the Strata Plan was 31 December 2015. After that date, either party had 14 days to rescind the contract. The developer’s right to rescind the contract was qualified by the requirement to ‘use all reasonable endeavours to have the Strata Plan registered by the sunset date'.
However, although Xycom obtained the development approval, they carried out little to no construction work after entering into the contracts to the Purchasers. Subsequently, in October 2014, Xycom sold the development site to Jobema Developments (plaintiffs) which settled in January 2015. The sale was subjected to the existing off-the-plan sale contracts, which were novated to Jobema. Jobema assumed the development and other obligations of Xycom under the existing off-the-plan contracts, however was unable to get the strata plan registered within the contemplated time in the contract. 
On 1 December, Jobema served a notice to Mr Wu proposing to rescind the contract under s66ZL(4):
"Jobema is proposing to rescind the contract because:
<ol>
<li>Since the date that the Contract was entered into, construction costs have increased significantly;</li>
<li>(Xycom) did not advance the property to the time that Jobema acquired it in 2015;</li>
<li>The contract does not meet the financial requirements for funding the project in 2015;</li>
<li>Jobema has offered [Mr Wu] the opportunity to continue with the purchase at a new price which reflects 2015 current market conditions;</li>
<li>[Mr Wu] [has] elected not to continue on the basis set out in paragraph (d);</li>
<li>Jobema has the opportunity to sell the property in the Contract at a price which reflects the 2015 market and takes into account the increased construction costs referred to in paragraph (a).</li>
</ol>
The lot which is the subject of a Contract has not yet been created for the following reasons:
<ol>
<li>From the date of the Contract until 5 February 2015 [Xycom] carried out little or no physical work for the Project;</li>
<li>Since 5 February Jobema has entered into contracts to sell other lots in the Project in order to secure finance for the Project;</li>
<li>Jobema has commenced physical works but anticipates that the lot will not be created until sometime in 2017.”</li>
</ol>
Mr Wu did not consent to the rescission and Jobema applied to the Supreme Court under s66ZL of the Conveyancing Act seeking the Court’s permission to rescind the contract pursuant to the sunset date clause contained in the contract. 
The Court's Decision 
Justice Black of the Supreme Court found against the developer in all factors outlined in s66ZL.
In s66ZL(7)(g) – any other matters or factors that the Court may consider to be relevant, the developer raised two matters:
<ol>
<li>That there was an increase in construction costs that affected the construction funding. However, the Court noted that ‘an inability to rescind’ the contract would not affect the availability of construction finance – it would only result in a requirement ‘to contribute additional capital to meet its lender’s requirements’.</li>
<li>That the new Sunset Clause Law was unforeseeable when Jobema purchased the property from Xycom, and thus Jobema’s rights should not be restricted. The Court disagreed, stating that legislative change is generally a foreseeable risk of business activity.</li>
</ol>
Not Just and Equitable
An order under s66ZL(6) of the Act is only made if the Court is satisfied that the order is just and equitable in all the circumstances to do so. Whilst the Court accepted that the evidence indicated that since buying the site in 2014, Jobema had exercised diligence in progressing the construction of the site, the court was unable to disregard Xycom’s lack of diligence in considering an order where Jobema had expressly assumed Xycom’s obligations. 
The Court dismissed the application for an order allowing the developer to rescind for the sunset date under s66ZL(6) because it was not satisfied that it was just and equitable to make the order.
Importance
The reason sunset clauses are included in “off-the-plan” contracts is to protect both parties and prevent contracts with no end date from going for too long. The new laws do not prohibit or discourage sunset clauses, however they do put the onus on the developer to show that the rescission is just and equitable (s66ZL(6)) when the purchaser does not consent to the rescission. 
The Court took into account the prescribed factors laid out in s66ZL of the Act, including that it will look at what was done by the present vender developer and also what was done by the prior vendors. This case serves as guidance as to how the Court is likely to interpret these new provisions of the Act in the future. 
If you have any queries regarding Sunset Clauses or this case please do not hesitate to contact TressCox Lawyers <a href="https://www.tresscox.com.au/" target="_blank">here</a>.
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jchancellor-FAypfDUnLy

Property 101: Developer's application to rescind contract rejected in first case on new Sunset Clause Laws 

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Lawyers who prepare Wills regularly as part of their usual practice are familiar with the expression ‘only a simple Will’ and just as regularly understand there is no such creature, as a Will is only as simple as the personal circumstances and assets of the client.
In this newsletter we examine matters which should form part of a client’s instructions to a lawyer when making a will. Failure to consider and discuss these particular matters can have serious implications for your intended beneficiaries.
1. Your personal circumstances
The intentions in your will can be thwarted and the estate’s assets diminished by significant legal costs if a successful family provision claim is brought against your estate. When making a will it is therefore important a potential claim is discussed with your lawyer. This requires establishing the existence of:
<ul>
<li>a current or former spouse,</li>
<li>a current or former de facto spouse,</li>
<li> children; and</li>
<li>other persons who may be eligible under legislation to bring a claim for provision </li>
</ul>
2. Your assets
The provisions of a Will reflecting your wishes only have effect in accordance with those wishes if the assets held at the time of your death and forming part of your estate can be conveyed to the intended beneficiaries. Realty is to most clients an important asset, whose ownership must be considered and advice sought.
Joint assets pass on the death of a joint owner by survivorship and operation of law to the surviving joint owner, regardless of the provisions of the will, and do not form part of your estate. Implications which arise from this include:
2.1. Severing a joint tenancy: Any jointly held real estate must be identified before finalising your will. A Will that purports to leave an interest in a joint asset to a beneficiary will fail, and the named beneficiary will be disappointed. You need to discuss with your lawyer the rights of joint owners and the ability to sever the joint tenancy to create a tenancy in common of a half share which can be conveyed by your will.
2.2. Creating a joint tenancy: This is a correlation of the previous issue, namely, by creating a joint tenancy in relation to assets held as tenants in common with an intended beneficiary may remove the asset from the estate. (Uniquely in NSW (compared to other states) this will not however prevent a notional estate orderbeing made whereby half the property can in certain circumstances become available to satisfy an order for provision in favour of an eligible claimant. It is still useful for the other reasons stated below.)
In either case, the means of conducting a title search against realty are readily available, whereby the determination of whether assets are held solely, or as tenants in common, or joint tenants can easily be ascertained and advice given.
A recent decision of the Tasmanian Full Court drew attention to the above matters which are the subject of necessary and proper instructions when considering a will.
Superannuation is an asset that may or may not be within your control to dispose of by Will.  Advice should be sought as to the potential destination of superannuation benefits, the existence of binding nominations, and taxation advantages of leaving superannuation to dependents who will receive it tax free.
3. Other considerations when making your will
Creating a Joint Tenancy- for ease of estate administration
If your intention is to leave the home in your sole name to your spouse, you may consider creating a joint tenancy in favour of your spouse to minimise the costs of Probate which would be incurred on your death if the asset remained in your sole name and therefore part of your estate.  Whilst there may be duty implications in the creation of a joint tenancy, an exemption from duty applies in the case of the matrimonial home.
Similarly where the testator holds assets as tenants in common with the intended beneficiary named in the will, and whether spouse or not, no duty is attracted by creating a joint tenancy.
The costs of registration of a notice of death are minimal in comparison with the costs of a probate application.
Preparation of a Statement by Testator:
You may consider the preparation of a statement for use in evidence in the event of a claim against your estate, setting out factual matters which may only be within your knowledge, or which may otherwise assist the defence of a claim after your death.  
This could include reference to provision made during your lifetime to the potential claimant, annexing bank or other documents which evidence such provision having been given.  Without the statement, the executors who will be defending the claim may have been unaware of the provision given to the plaintiff during your life, or other facts raised in the statement, which would have been useful evidence in the defence of a claim. 
Statements by a testator setting out the nature of a relationship may also assist the defence of a claim by a person alleging the existence of a de facto relationship.  Whilst such statements have limited weight given the testator cannot be cross-examined, the Court may take the statement into account, when the only other evidence before the Court may be the unchallenged evidence of the claimant seeking to prove a relationship.
Any such statements should be prepared carefully with the assistance of an experienced estate planning lawyer.
For more information, check out TressCox Lawyers <a href="https://www.tresscox.com.au" target="_blank">here</a>.
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