an „autonomous“ development agreement, where a landowner enters into a contract with a developer for the carrying out of a development project, either at the expense of the developer or at the expense of the landowner; and, depending on the nature of the agreement, an appropriate development agreement and supporting documents may be concluded. Given the financing costs for developers, I think forward fund agreements will likely be more popular and play a bigger role in delivering new real estate. This structure is currently supported for large private rental schemes in which institutional buyers invest in real estate as a long-term investment. This type of operation is generally performance-oriented. In Commissioner of State Revenue v Lend Lease Development Pty Ltd,2 the High Court stated that tax could be levied on a transfer of land and that payments could be collected not only under land purchase contracts, but also on payments made under a development contract which, with land purchase contracts, can only be collected one, integrated transaction for the sale and development of the area. implement the specific development in accordance with the agreed plans and specifications; More and more software development contracts are concluded with agility and it is very important to find a level playing field. In large-scale development, developers prefer to be able to sell apartments in the name of the landowner with little interference from landowners. It is customary for the parties to negotiate a provision allowing the developer to sell to outside customers at a price that is not lower than the price indicated in the list of selling prices. To control the sale process, landowners generally need the entry in the sale price and the right to approve or reject a proposed change to the housing price list. From a landowner`s point of view, the development contract should be clear: since a development contract can last 5 to 10 years, the dispute settlement rules must be carefully weighed and adapted to the parties. It should also be ensured that the dispute settlement rules cover all disputes under the Development Agreement. Whatever the content of the development agreement and its preparation, it should be ensured that the parties understand the agreement and their respective obligations. A good understanding of the agreement will help minimize disputes.
The parties should be required to continue to fulfil, to the extent possible, their obligations under the development agreement during the litigation procedure. Lend Lease was required to pay, as part of the land purchase agreement, a stage release fee, but also additional amounts under the development contract, including infrastructure payments, a contribution to public art, a payment for the rehabilitation of land on and around the land and a share of the gross proceeds received. The success or failure of an evolution and the benefit realized by the parties depend largely on the distribution of risks within the agreement and the control that each party has over the costs and revenues of development. . . .