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Proposed Off-the-Plan Contract Reforms in NSW with Greg Stilianou

Published:
11 Jun 2025
News

Wenee Yap

Legal Features Writer for the College of Law
Proposed Off-the-Plan Contract Reforms in NSW with Greg Stilianou

Here to shed light on the significant changes coming to off-the-plan contract legislation is property specialist and College of Law adjunct lecturer, Greg Stilianou.  Greg explains the key details around the proposed reforms, how they aim to rebalance power between developers and purchasers, and offers practical advice for legal practitioners and consumers.

 

When transparency meets consumer protection

"The most significant changes we're likely to see focus on improving transparency, tightening up how sunset clauses operate, and introducing a range of new consumer protections – all aimed at creating a fairer balance between developers and purchasers in off-the-plan sales," Greg explains.

There are a few key areas where the impact will be most direct.

"Disclosure requirements - The Disclosure Statement is expected to be expanded, with developers having to include more detailed development information about key development milestones. The idea is to give purchasers better insight into how a project is progressing. There's also a proposal to make developers provide updates as those development milestones are reached, which would give buyers ongoing visibility rather than just a snapshot at the beginning," Greg says.

One of the most critical areas of reform concerns sunset clauses, which have been problematic in the past.

"This is a big one,” Greg say. “The reforms propose making it mandatory to include sunset clauses that cover the registration of the plan and the issuing of the occupation certificate. That's in response to some common issues we've seen.”

"First, not all conditional contract terms are caught by the existing sunset clause protections. For instance, contracts might allow a developer to terminate if finance isn't secured by a certain date—but those aren't considered 'sunset events' under the current legislation."

 

Closing loopholes and expanding protections

Greg highlights how the current system sometimes leaves purchasers vulnerable.

"There are situations where a contract doesn't include a relevant sunset clause at all, and the purchaser is left without any ability to exit—even after long delays. In some cases, developers can extend sunset dates multiple times, indefinitely, with no clear recourse for the buyer."

Currently, under section 66ZS of the Conveyancing Act 1919, a 'sunset event' means either the registration of the plan of subdivision or the issuing of the occupation certificate.

“There's now talk of expanding that definition to include other events that often act as deal-breakers, like failure to hit pre-sales targets, get development approval, or secure site ownership. That would limit a developer's ability to walk away unilaterally without consent or Court approval,” Greg says.

Additional proposed reforms include greater transparency about land ownership.

"Developers may soon be required to clearly state whether they own the land, and if not, when they expect to," Greg notes. "We're also looking at a statutory obligation for developers to lodge a caveat or similar notification on title, protecting a purchaser's interest in the property once an off-the-plan contract is signed."

These changes will directly affect how off-the-plan contracts are structured and how they operate throughout the project lifecycle.

 

Rebalancing the power dynamic

When asked about how these changes affect the balance of power between parties, Greg is clear about the intent.

"The clear intent here is to shift the balance, just slightly, back in favour of purchasers. Right now, buyers take on a lot of risk. They're committing to something they can't physically inspect, often years in advance, relying heavily on marketing material and early-stage disclosures."

The reforms aim to address a range of imbalances in the current system by requiring developers to provide clearer, earlier, and more detailed information that will help level the playing field.

One of the best examples is the reform of sunset clauses. Historically, there have been concerns about developers using delays strategically – waiting until values go up, then rescinding and reselling at a higher price. Requiring either Court approval or buyer consent before terminating under a wider definition of 'sunset event' helps close that loophole and gives purchasers much-needed certainty."

Marketing materials will no longer be sufficient for developers to meet their obligations.

"The enhanced disclosure obligations also mean developers can't just rely on glossy brochures. They will be required to disclose material facts upfront and to notify purchasers if those facts change. That's a big step toward ensuring people know what they're buying, and have a way to respond if things start to shift significantly."

 

Practical guidance for legal practitioners

Greg has some pragmatic advice to legal professionals preparing for these changes.

"It's still early to start rewriting your off-the-plan precedents, since the changes are at the proposal stage. But that doesn't mean lawyers should be standing still," he advises.

"For those advising developers, now's the time to talk to your clients about what these changes could mean for their disclosure obligations. They will likely need systems in place to track key project milestones and update purchasers as things progress. It's not just about legal drafting – it's about operational readiness."

Those representing purchasers also need to prepare.

"On the purchaser side, lawyers should start preparing clients for how to interpret changes in the disclosed information. Are the proposed changes material? Do they give the purchaser the right to rescind? Or seek compensation? Being proactive in that advisory role will be key, especially if the final reforms build in new or time-limited rights for purchasers."

 

Essential questions for consumers

When it comes to advising potential buyers, Greg said due diligence remains crucial.

"These reforms are all about giving buyers more protection – but off-the-plan contracts are still complex, and the risks haven't disappeared. Buyers need to go in with their eyes open, and that starts by asking the right questions," he says.

Greg recommends buyers ask their lawyers about specific aspects of what they are purchasing.

"What exactly am I buying?” Get clarity on what's being disclosed. Ask your lawyer to walk you through the plans, finishes, and common property – then confirm whether those can change.

Understanding timing and potential delays is also critical.

"What happens if the development is delayed?” Understand the sunset clause. When does it expire? Can the developer extend it, and if so, how many times?

Buyers should also clarify their rights if circumstances change.

"Can the contract be rescinded or varied?” Find out if the developer has any unilateral termination or variation rights. Are there notice and consent provisions in place?

And Greg’s final question for consumers…

"What if something important changes?” If the unit layout, size, or schedule of finishes changes, do you have any remedies? Can you walk away, or claim compensation?

Ultimately, these reforms aim to give buyers more information and more control. But that only really works if purchasers are encouraged to ask these kinds of questions – and if their lawyers are ready to explain what the answers mean in practical, real-world terms," Greg says.

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The work of a lawyer can be demanding, and not simply in an intellectual sense. Emotional stakes can run high, and client trauma may intertwine with a practitioner’s own psychological well-being. The Honourable Robert Benjamin AM SC offers invaluable insights on the essential skill of professional debriefing.

Relationships Matter: How networking launched a practice with a full caseload

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Relationships Matter: How networking launched a practice with a full caseload

How did principal of Divorce Legal and College of Law lecturer, Selina Nikoloudakis, open her practice doors with a full client roster? She credits consistent networking and the power of authentic connection. We spoke to Selina to learn more about her journey, and her advice for lawyers navigating their mid-career years.

More like a mentorship than a degree" – Max Williams, de Groots Wills and Estates Lawyers

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More like a mentorship than a degree" – Max Williams, de Groots Wills and Estates Lawyers

Max recounts his path to discovering his passion in Wills and Estates – and how the College of Law helped him along the way.

Thriving through an LLM and Specialist Accreditation: Meet Carmel Morrison

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Thriving through an LLM and Specialist Accreditation: Meet Carmel Morrison

Learn how Carmel Morrison returned to study with an LLM, and Specialist Accreditation.

How lawyer Brid Heffernan went from Irish recession to a career in legal transformation

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How lawyer Brid Heffernan went from Irish recession to a career in legal transformation

Brid Heffernan has grown through legal recruitment, litigation ops and support, and legaltech - the quintessential business of law. We caught up with Brid to trace her unlikely and impressive trajectory and experience with The College of Law.

Meet Alexandra Brand, Senior Associate and Legal Business Graduate

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Meet Alexandra Brand, Senior Associate and Legal Business Graduate

Learn why senior associate Alexandra Brand studied legal business subjects to improve her knowledge of marketing, pricing, strategy, and client service.

5 must-have CPD courses for sole practitioners

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5 must-have CPD courses for sole practitioners

Running your own law firm isn’t for the faint-hearted. Yes, you’re your own boss. But with great power comes great responsibility. And that means wearing a lot of hats.  

Let’s unpack 5 of the most important skills – and corresponding on-demand CPD courses – that sole practitioners can’t do without.

 

CPD Digital Subscription Course Guide

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CPD Digital Subscription Course Guide

Discover how to transform your team’s learning and development
Looking to enhance your legal team’s skills and simplify CPD compliance? Download the CPD digital subscription course guide to uncover everything included in our professional development CPD solution.

What are the essential traits that make a good mediator? The answer might surprise you

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What are the essential traits that make a good mediator? The answer might surprise you

While lawyers possess an impressive arsenal of skills those required in mediation aren’t necessarily what you think. We spoke to Family Dispute Resolution Practitioner and Alternative Dispute Resolution Academic of the Year, the College of Law’s Linda Kochanski, on what makes for a great mediator, the skills you need, and personalities that fit - and, at times, don’t naturally fit - mediation. 

How John Poulsen is redefining success for lawyers

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How John Poulsen is redefining success for lawyers

John Poulsen, founder of People, Passion and Performance, was once a top solicitor and leader of law firms. Starting his career in 1984 and now nearly 40 years later, he left behind the luxury and stress. Now, he's happier than ever. We spoke with John about his journey and his mission to redefine success.

Understanding Priority Notices: Property Law Practice Update

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Understanding Priority Notices: Property Law Practice Update

Priority Notices are a relatively new feature in Real Property that property lawyers need to work with, and as such, they are not always well understood. Here to demystify how Priority Notices work, how they came about, and when and how to use them is property lawyer Greg Stilianou.

Postgraduate Specialisation Programs - Celebrating the success of our spring graduates

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Postgraduate Specialisation Programs - Celebrating the success of our spring graduates

We congratulate and celebrate the success of the most recent graduates of our Postgraduate Specialisation Programs. These achievements demonstrate the culmination of hard work, diligence and commitment to mastery of their chosen area of law.

5 steps to stand out as a lawyer: Get ahead of the legal competition

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5 steps to stand out as a lawyer: Get ahead of the legal competition

How do you stand out in Australia's competitive legal market, filled with talented solicitors? We spoke with Shona Rowan, a people and culture consultant, high-performance coach, and bestselling author, about what it takes to rise above the rest. Here, she shares five expert steps to help lawyers reach their full professional potential.

Workforce of the Future Course Guide

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Workforce of the Future Course Guide

Learn how to align workforce planning and strategy in an ever-evolving workplace. Using a wide range of case studies and resources, you’ll consider the practical challenges of a multi-generational workforce, the paradox of being both profitable today and ready for tomorrow and the different ways to communicate your insights to stakeholders.

From LLB to LLM: Take Your Legal Career To The Next Level

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From LLB to LLM: Take Your Legal Career To The Next Level

Have you thought about postgraduate studies? Not sure what it's like, what it takes, and the positive impact it could have on your career? This webinar recording was presented by Tatiana Rabaeva, Head of Postgraduate Programs. It will offer you the opportunity to hear live and gain more insight from the College program Lecturers and Alumni, Adeline Shiralli and Crispian Carlowe.

Top 10 Most Influential Court Cases of the 21st Century

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Top 10 Most Influential Court Cases of the 21st Century

Nothing captures the public’s imagination quite like a great court case. From Trump’s declaration that he is a “very innocent person” to Bruce Lehrmann’s defamation-chasing criminal trial, watching people have their day in court is oddly compelling. The College decided it was high time we looked at the headline-making trials from the 21st century and the flow-on effects these rulings had. Here are the top ten court cases that have held Australia’s collective attention.

How to buy and sell a law firm

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How to buy and sell a law firm

Insights spoke to Peter Frankl, a specialist in law firm practice broking and valuations, about what lawyers should consider when selling their firms and what buyers should look for. Peter Frankl also edits news website Legal Practice Intelligence.

What should be included in a notice of claim for a family provision claim?

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What should be included in a notice of claim for a family provision claim?

In this practice update, we will explore recent judicial guidance from Jurak v Latham [2023] NSWSC 1318 regarding Notices of Claim and the role they play in family provision proceedings. Here to guide us through the case is Josephine Pignataro, Special Counsel and Accredited Specialist (Wills & Estates). 

Change is coming to e-Conveyancing ELNOs, says Greg Stilianou

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Change is coming to e-Conveyancing ELNOs, says Greg Stilianou

Every conveyancer and property lawyer has become a master of an ELNO - or Electronic Lodgment Network Operator. PEXA was the first ELNO allowed to operate in Australia, its stronghold, however, looks set to change with updates to the Operating Requirements and Participation Rules introducing interoperability provisions. Competitors like Sympli will be able to compete more meaningfully. We spoke to experienced property lawyer and college lecturer Greg Stilianou to find out what property lawyers and conveyancers need to know. 

Austrade and the College of Law collaborate on major Malaysian ESG training program

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Austrade and the College of Law collaborate on major Malaysian ESG training program

The College of Law is spearheading legal education in the environmental, social and governance (ESG) space working closely with government and industry in the ASEAN region. The partnership with Austrade addresses the increasing demand for ESG training from ASEAN nations as they look to meet their transboundary obligations and work towards a more sustainable future.

Embracing the Asian Century with APAC Legal Counsel, Haylen Pong

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Embracing the Asian Century with APAC Legal Counsel, Haylen Pong

It is time for Australian lawyers to become better connected with our regional neighbours, says Diligent Corporation's Asia Pacific Legal Counsel, Haylen Pong. Her role at Diligent, a modern governance company, requires frequent interaction with stakeholders, legal counterparts and other commercial interests across in APAC region.

How to get into criminal and domestic violence law with Belinda Robinson

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How to get into criminal and domestic violence law with Belinda Robinson

Learn what it’s like to work in criminal and domestic violence law with Belinda Robinson, who runs her own practice on the Sunshine Coast.

Complete overhaul of the Queensland Property Law Act 1974 is coming

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Complete overhaul of the Queensland Property Law Act 1974 is coming

Queensland is on track to require a stronger duty of disclosure upon Sellers, bringing them in greater alignment with Australia’s southern states. These reforms come as part of a proposed Property Law Bill 2023, which, if passed, is likely to have significant implications for property lawyers practising in Queensland. We spoke to College of Law lecturer Tara Cush on the implications of these reforms, what they involve, and what lawyers need to know.

Navigating Disentitling Conduct in Testator’s Family Maintenance Claims

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Navigating Disentitling Conduct in Testator’s Family Maintenance Claims

Testator’s family maintenance claims (‘TFM’) can be a tricky area of law. That’s why we caught up with barrister, mediator and College of Law adjunct lecturer, Tasman Fleming, who has conducted mediations in Wills and Estates, and in particular Testator Family Maintenance matters. In this practice update, we explore disentitling conduct, what it involves, and how lawyers can best navigate its challenges.

5 Ways to Draw the Line Between Work and the Rest of Life

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5 Ways to Draw the Line Between Work and the Rest of Life

Smartphones, tablets, laptops, desktops, smart watch… this list of ‘things’ that will purportedly make us more connected and more in touch with our world continues to expand. We must not waste a minute of our time, so in a past where we might once have fantasised about a tropical holiday while commuting to work or reading a book for leisure, we are now answering those emails that require only a short response in order to save time later…? Save time for what…dare we ask?

Grounds for Executor Removal: When Trust Breaks Down

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Grounds for Executor Removal: When Trust Breaks Down

In this practice update, we delve into the legal grounds for removing an executor, a situation fraught with potential conflict and complexity. Barrister and adjunct lecturer at the College of Law, Tasman Ash Fleming, offers insights on the most common reasons for executor removal, from conflicts of interest to financial mismanagement. We'll explore the legal process for challenging an executor and the importance of clear evidence to secure a court order in Victoria.

Legal Beagles: Court Dog Program expands as 100% of users report positive impact

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Legal Beagles: Court Dog Program expands as 100% of users report positive impact

The Federal Circuit and Family Court of Australia recently announced an expansion of its innovative Court Dog Program, with three new facility dogs set to join the Sydney, Parramatta and Newcastle registries early this year. This expansion, funded by the Law Society of New South Wales, builds upon the program's remarkable success in Melbourne and Hobart.

Navigating the Family Law Amendments taking effect from 10 June 2025

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Navigating the Family Law Amendments taking effect from 10 June 2025

From 10 June 2025, major changes to the Family Law Act 1975 (‘the Act’) took effect across Australia. The Family Law Amendment Act 2024 introduced sweeping reforms to property settlement, following on from amendments regarding parenting arrangements and information sharing (which commenced in May 2024 under the Family Law Amendment Act 2023).

Expand your career horizons with the fascinating and complex area of International Arbitration, says Martin Polaine

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Expand your career horizons with the fascinating and complex area of International Arbitration, says Martin Polaine

Barrister and international arbitrator Martin Polaine has worked in over 80 countries. Learn how you can qualify as an international arbitrator with this College of Law pathways to CIArb membership.

New year, new opportunities to get your CPD sorted

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New year, new opportunities to get your CPD sorted

Make 2025 your most productive year yet with the CPD Digital Subscription. Access 140+ courses anytime, anywhere – stress-free compliance made simple.

Learn smarter (not harder): why CPD bundles are a lawyer’s best friend

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Learn smarter (not harder): why CPD bundles are a lawyer’s best friend

Discover the College of Law’s CPD bundles: cost-effective course packages to deepen your expertise, meet CPD requirements and advance your career.

Top 10 legal stories from 2024

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Top 10 legal stories from 2024

From practical legal guides on cross-qualifying in the US and UK markets to insights on working with neurodivergent clients, our top ten legal stories highlight the profession's commitment to adaptation and excellence. As we head into 2025, these stories paint a picture of a profession in transition, where understanding the diverse needs of our clients matters as much as updates to the law itself. Let’s explore what captured your attention in 2024.

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