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Brandon Thai

LLB, BA

Senior Associate - Sydney

Areas of Expertise

Construction, Infrastructure & Projects

Expertise

Brandon Thai is a Senior Associate in our Construction, Infrastructure & Projects team in Sydney. He advises and represents a range of clients including property developers, government agencies, owners corporations and homeowners in construction, infrastructure and development-related matters.

He has experience across building defects, construction disputes, infrastructure litigation and property development transactions, with a focus on delivering commercially focused outcomes in complex and high-value matters.

Experience

Brandon’s experience includes:

  • building defects claims in the Supreme Court of NSW involving combustible cladding and major waterproofing defects for owners corporations
  • strata and development disputes in NCAT and the District Court relating to commercial rights and car park operations
  • insurance and liability disputes involving mixed-use developments and cross-scheme property issues
  • multi-residential building defects claims for developers across NSW, including Wolli Creek and Shell Cove
  • engineering negligence claims in the Supreme Court of NSW involving damage to sewer infrastructure
  • subdivision, sale and development advice for residential and mixed-use property projects
  • compliance advice for ASX-listed developers under the Design and Building Practitioners Act 2020
  • acquisition and development structuring for childcare and residential development sites
  • collective sales of residential apartment buildings
  • debt recovery and repayment disputes in NCAT
  • drafting and negotiating settlement deeds for rectification of building defects in large residential developments
  • trespass proceedings involving government infrastructure agencies in the Supreme Court and Court of Appeal
  • construction and defect disputes involving homeowners in regional NSW
  • recovery and funding disputes involving schools and education infrastructure
  • advising childcare providers on development, compliance and fit-out matters.

Membership

Law Society of NSW Member

Publications

14 May 2026 - Knowledge

Residential Focus: Reinventing the wheel – Building (Approvals and Practitioners) Bill 2026

#Property & Development

The Building (Approvals and Practitioners) Bill 2026 was introduced to the NSW Parliament, bringing a significant set of changes, focusing on the approval system and the role of certifiers, as well as introducing a new statutory framework for prefabricated buildings.

03 March 2026 - Knowledge

Residential Focus: What’s new for regulation in the NSW Fair Trading and Building Legislation Amendment Bill 2026

#Property & Development

Last month, the NSW Fair Trading and Building Legislation Amendment Bill 2026 was introduced to Parliament proposing a range of miscellaneous reforms relating to licensing and the powers of NSW Fair Trading and the Building Commission, amending over 20 existing Acts.

17 December 2025 - Knowledge

Residential Focus: Onus of proof and failure to mitigate

#Property & Development, #Real Estate

The NSW Court of Appeal held owners corporations are not obliged to give builders defect rectification access, confirming builders bear the onus to prove unreasonable refusal and that mitigation does not require perfection or excessive diligence.

28 November 2025 - Knowledge

Residential Focus: Latest stage of strata amendments drop

#Property & Development

The Strata Schemes Legislation Amendment Act 2025 is still in the process of being rolled out with two more sets of changes scheduled to come into force in 2026. The reform is broadly intended to give owners in strata schemes across NSW greater trust and confidence in how strata is regulated.

09 September 2025 - Knowledge

Residential Focus: More development projects given the green flag to proceed

#Property & Development, #Real Estate

On recommendations from the Housing Delivery Authority, the NSW Government has recently declared 28 new projects as state significant developments, providing alternative approval pathway to developers that bypasses local council Development Control Plans.

29 June 2025 - Knowledge

Residential Focus: Fast tracking housing supply – deferring compliance

#Property & Development, #Real Estate

On 12 June 2025, adopting recommendations from the Housing Delivery Authority, the NSW Government declared 20 new projects as state significant developments.

15 May 2025 - Knowledge

Residential Focus: Building reform agenda timeline

#Property & Development, #Real Estate

The newly appointed Building Commissioner has indicated that the building legislation reform bills are back on the agenda, with a view to their introduction to NSW Parliament later this year.

12 March 2025 - Knowledge

Residential Focus: Changes to strata laws – extension of section 106 claims to 6 years

#Property & Development, #Real Estate

The Strata Schemes Legislation Amendment Act 2025 expands committee and manager responsibilities, improves levy recovery, and extends the time for owners to make claims under section 106 from 2 to 6 years.

20 December 2024 - Knowledge

Residential Focus: Another pass at reforming the Strata Schemes Legislation

#Property & Development

Last month, the Strata Schemes Legislation Amendment Bill 2024 was introduced to Parliament proposing several changes affecting property owners and managers.

12 December 2024 - Knowledge

Residential Focus: Proportionate liability defence off the table

#Property & Development

The dismissal of appeal from The Owners – Strata Plan No 84674 v Pafburn Pty Ltd clarifies that claims for breaches of the statutory duty under the DBP Act are not apportionable in certain circumstances.

18 November 2024 - Knowledge

Residential Focus: Return to section 54 and home warranty insurance

#Property & Development

A recent case in the NSW Court of Appeal has revisits the interplay between the Home Building Act and the Insurance Contracts Act.

30 October 2024 - Knowledge

Residential Focus: Building bond increase delayed

#Property & Development, #Construction, Infrastructure & Projects

The Strata Schemes Management Regulation 2016 (NSW) has been amended to further postpone the building bond increase for strata scheme developers, from two per cent to three per cent, to commence on 1 July 2025.

03 October 2024 - Knowledge

Residential Focus: NSW tenancy law update

#Property & Development

This month, NSW renters are being given a reprieve as the NSW Government intends to introduce several legislative amendments designed to build a fairer rental market.

18 September 2024 - Knowledge

Residential Focus: In from the cold – the draft building reforms resurface

#Property & Development

Following on from initial consultation in 2022, draft building reforms have resurfaced, encouraging local governments and industry groups to have their say by 18 October 2024.

05 September 2024 - Knowledge

Residential Focus: Engineered stone ban update – attention turning to crystalline silica substances

#Property & Development

Following the stricter regulations for work done on substances composed of more than one per cent crystalline silica, we discuss the precautions businesses must be aware of to remain lawful.

21 August 2024 - Knowledge

Residential Focus: Mandatory HBA compliance for SOP Act claims – reforms progress

#Property & Development, #Construction, Infrastructure & Projects

Recently passed, the Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 amends the SOP Act to restrict the right to make a progress claim where the works under the construction contract are carried out by unlicensed contractors.

07 August 2024 - Knowledge

Residential Focus: Building up NSW – low and mid-rise reforms

#Property & Development

In a bid to combat the state’s long-standing housing crisis, the NSW Government has introduced reforms to increase permissibility of housing types on low-rise residential land.

24 July 2024 - Knowledge

Residential Focus: NSW Government to crack down on strata managers

#Property & Development

In a bid to improve public confidence around apartment living, the NSW Government is looking to introduce new laws to impose greater disclosure obligations in the strata management industry.  

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