In the media
AIA welcomes NSW housing budget
The Australian Institute of Architects
(AIA) NSW Chapter has welcomed the recent NSW
housing supply Budget initiatives. President Adam Haddow said AIA
would continue to assess the details of the initiatives and their
implementation, strongly encouraging the Government "to invest
in well-connected existing suburbs to achieve the state's
housing goals rather than relying on disconnected and poorly
performing greenfield development" (25 September 2023).
Read more
here.
Border Blitz reveals numerous safety issues
SafeWork NSW and WorkSafe Victoria have visited 22
building sites in Yarrawonga and Mulwala as part of a joint-agency
operation to boost construction safety. SafeWork NSW Executive
Director Matt Press said with falls from heights being the number
one killer in the construction industry, inspectors were taking a
zero-tolerance approach to unsafe practices and issued one penalty
notice (20 September 2023). Read more
here.
Government's $10billion Housing Australia Future
Fund passes parliament
The $10 billion Housing Australia Future Fund (HAFF) has
passed parliament, paving the way for new social and affordable
homes to be built. Under the plan, 30,000 new buildings will be
built over five years, but there is no timeline for when
construction will begin. (14 September 2023). Read more
here.
Technical Specification for the WaterMark Certification
Scheme – For Public Comment Draft Round 1
The Australian Building Codes Board opened this Technical
Specification for public comment on 13 September 2023 and closes on
10 November 2023. The Draft sets out requirements for plastic
bodied couplings with included elastomeric element to provide
limited flexibility and utilised in non-pressure rigid pipeline
systems (13 September 2023). To review the draft document and/or
make a comment, click
here.
Have your say – Women in Construction
The NSW Government is open for contributions in the
"Have Your Say Women in Construction" consultation until
8 October 2023. This consultation aims to better understand how
gender influences people's experiences and views on working in
the construction industry and find ways to improve it. To share
your feedback or take part in the survey for the Office of the
Building Commissioner, click here.
To read the NSW Building Commissioner's media release (5
September 2023), read
here.
Higher quality homes and better protections for New
South Wales consumers
The Minns Labor Government has delivered a budget to build
more high-quality homes with a down-payment of $24 million to
establish the New South Wales Building Commission. The creation of
a standalone Building Commission will allow NSW Fair Trading to
core business: protecting consumers (19 September 2023). Read
more here.
Housing Australia Future Fund legislation passed
The Housing Australia Future Fund legislation has finally
passed through the Senate. This paves the way for the establishment
of the Housing Australia Future Fund. The Housing Australia Future
fund will receive funding of $10 billion and is tasked with
supplying 30,000 new social and affordable homes (14 September
2023). Read more
here.
Cases
Brow v Max
Pattison Pty Ltd and Travis-Almond [2023] NSWCATCD
86
REAL PROPERTY – BUILDING and CONSTRUCTION – HOME
BUILDING – rights on termination of contract – entire
contract with progress payments on account – substantial
failure of consideration – refund of monies paid.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989
(NSW); Home Building Regulation 2014 (NSW).
Anand and Anand v
Macasa Homes Pty Ltd; Anand and Kaur v Macasa Homes Pty Ltd; Anand
v Macasa Homes Pty Ltd; Singh v Macasa Homes Pty Ltd [2023]
NSWCATCD 76
HOME BUILDING – recovery of payment under a preliminary
agreement.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act
1989 (NSW).
Jones v The Owners
– SP 93087 [2023] NSWCATCD 73
LAND LAW – Strata scheme – s 237 Strata Schemes
Management Act 2015 (NSW) – appointment of compulsory strata
manager – where compulsory strata manger already appointed
– whether circumstances justify a further appointment of
compulsory strata manager – whether circumstances justify
extension of the existing order.
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014; Home Building Act 1989;
Residential Apartment Buildings (Compliance and Enforcement Powers)
Act 2020; Strata Schemes Management Act 2015.
Vasan v Georges
Construction & Building Services Pty Ltd [2023] NSWCATCD
84
BUILDING & CONSTRUCTION: Residential building work – work
by unlicensed Builder – work incomplete and in breach of
warranties in Home Building Act.
Home Building Act 1989; Civil and Administrative Tribunal Act
2013.
Gilliland v
Kingdom Building Pty Ltd [2023] NSWCATCD 87
COSTS – where proceedings not determined on the merits.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules (NSW) 2014; Home Building Act 1989
(NSW).
Mazurek v
Fisniku [2023] NSWCATCD 81
BUILDING AND CONSTRUCTION – whether costs plus contract
replaced by fixed price contract – validity of termination
– finding of mutual termination.
ESTOPPEL – promissory estoppel – estoppel by
convention.
BUILDING AND CONSTRUCTION – cost of completion –
alleged overcharging – storage costs.
Civil and Administrative Tribunal Act 2013 (NSW) – ss 38, 60;
Civil and Administrative Tribunal Regulation (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW) – rr 38, 39; Civil
Procedure Act 2005 (NSW) – s 100; Home Building Act 1989
(NSW) – s 18B.
Olcayto v Paintalo
Group Pty Ltd [2023] NSWCATCD 95
BUILDING & CONSTRUCTION – Waiver Repudiation –
defects – section 79O of the Fair Trading Act 1987.
Fair Trading Act 1987; Home Building Act 1989; Home Building
Regulation 2014.
Chalhoub v Commissioner for Fair Trading [2023] NSWCATOD
142
ADMINISTRATIVE LAW – REVIEW OF DECISION BY EXTERNAL
DECISION-MAKER – decision to refuse contractor licence
pursuant to the Home
Building Act 1989 (NSW) – fit and proper
person. Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Civil and Administrative
Tribunal Rules 2014 (NSW); Firearms Act 1996 (NSW); Home Building
Act 1989 (NSW).
Goodman v Commissioner for Fair Trading [2023] NSWCATAP
260
OCCUPATIONAL – Home Building Act 1989
(NSW) – application for restoration of supervisor
certificate previously held by appellant – whether appellant
took all reasonable steps to avoid external administration –
whether appellant is a fit and proper person – whether error
established.
Administrative Disputes Review Act (NSW) 1997 s63; Civil and Administrative
Tribunal Act 2013 (NSW) s 80(2); Home Building Act
1989 s25(1)(a),
s33B, 33D.
The Owners Strata Plan 64757 v Sydney Remedial Builders Pty
Ltd [2023] NSWSC 1127
BUILDING AND CONSTRUCTION – builder retained to repair
defects caused by original builder – whether proceedings for
breach of statutory warranty commenced within 7 years after
completion of work – s18E, Home Building Act 1989 (NSW)
– date of completion of work – s3B, Home Building Act
– legislative history – distinction between completion
and practical completion – meaning of "completion"
– interaction between s3B(2) and (3).
REFEREE – separate question – whether to adopt report
– error of law in application of section 3B – failed to
consider when contractor last attended site to carry out work under
section 3B(3)(b) – final date on which contractor attended
site was earlier than date of practical completion under section
3B(2) – the earliest date applies – proceedings out of
time.
Home Building Act 1989 (NSW) ss 3B, 18E; Uniform Civil Procedure
Rules 2005 NSW r 24.24(a).
Legislation
Regulations and other miscellaneous instruments
Environmental
Planning and Assessment Amendment (Sustainable Buildings)
Regulation 2023 (No 531) – published LW 22 September
2023
Environmental
Planning and Assessment Amendment (Special Contributions Areas
Infrastructure Fund) Regulation 2023 (No 530) – published
LW 22 September 2023
Environmental Instruments
Byron
Local Environmental Plan Amendment (Housing) 2023 (No 541)
– published 26 September 2023
North
Sydney Local Environmental Plan 2013 (No 519) – published
LW 15 September 2023
Port
Stephens Local Environmental Plan (No 42) – published LW
15 September 2023
Shoalhaven Local Environmental Plan (No 50) – published
LW 15 September 2023
The Hills Local Environmental Plan 2019 (No 31) –
published LW 15 September 2023
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.
