In the media
Australia's housing crisis impacted by 'Nimby
Paradox', Griffith University researcher says
Griffith Research Institute director, Paul Burton, says
the Nimby paradox, impacting Australia's housing crisis, is
when residents oppose changes that could increase houses in their
suburbs, but complain when workers are priced out of an area (8
October 2023). Read more
here.
First social housing accelerator in Riverwood
More people in NSW will have access to their own home with
a $6.2 million redevelopment of residential dwellings in Riverwood
– the first project in the state announced under the Federal
Government's Social Housing Accelerator payment. The project is
the first of many that will boost social housing supply and get
more people into homes sooner in NSW (4 October 2023). Read more
here.
Sydney continues longest stretch of rent rises, but
signs point to market slowing
Sydneysiders are continuing to face the longest stretch of
rent rises in the city's history, but there are signs the
market is slowing as tenants reach the limits of their ability to
meet increasing prices. The Domain Rental Report, released on 5
October 2023, shows the city is facing its lowest ever vacancy rate
at 0.9 per cent, meaning fewer options and less bargaining power
for those looking for a rental (5 October 2023). Read more
here.
Property values are tripped to reach a new high.
Here's how much prices have risen in each capital city
Since prices bottomed out in January, national values have
increased faster than the rate of inflation. CoreLogic research
director Tim Lawless said while home values were still 1.3 per cent
below the record reached in April last year, a new national record
could be reached by the end of November. Sydney home values are up
10.6 per cent since bottoming out in January 2023 (4 October 2023).
Read more
here.
Many Australian construction firms have collapsed.
Here's what to do if your builder goes bust
According to ASIC data, between July 2022 and April 2023,
1,709 construction companies across the country entered
administration. In NSW, the Home Building Compensation Fund
provides a safety net for home owners faced with defective building
work and non-completion of that work carried out by a builder or
trades person (28 September 2023). Read more
here.
New tool estimates 40,000 new social and affordable
houses will have $4.4 billion benefit
Researchers at Swinburne University of Technology have
developed a tool to calculate the social, economic and
environmental benefits of social and affordable housing. New
research estimates that 40,000 new social and affordable houses
recently announced by the government will create an additional $4.4
billion benefit over the next 40 years (3 October 2023). Read more
here.
Sustainable building reforms under the Sustainable
Building State Environment Planning Policy (SEPP)
The NSW Government's SEPP is set to offer developers
and homeowners a choice of measures to achieve new building
standards. The SEPP commences on 1 October 2023. The new
sustainable building (BASIX) energy standards are now in effect
with changes including raising thermal performance standards,
increasing emission reduction requirements and introducing
mandatory assessment and reporting of building material emissions
for every new home (1 October 2023). Read the ministerial release
here. Read the SEPP here.
Publications
National Construction Code 2022 Volume Two Glazing
Calculator
This version of the National Construction Code 2022
(NCC 2022) glazing calculator (the
calculator) assists in
understanding and applying the Volume Two ABCB Housing Provisions
Standard part 13.3 External glazing DTS Provisions for energy
efficiency (October 2023). View the calculator here.
View Part 13.3 External Glazing of the NCC 2022
here.
Housing Industry Association's Consultation on Work
Health and Safety Incident notification
The Housing Industry Association's take this
opportunity to provide a submission in response to the Safe Work
Australia's Consultation paper – WHS incident
notification. HIA supports a greater emphasis on managing
risks to prevent serious physical and psychological incidents in
the workplace (29 September 2023). Read the HIA's submission
here.
Australian Sustainable Built Environment Council's
(ASBEC) submission: Senate Economics References Committee Inquiry
into Australia's Residential Electrification Efforts
The ASBEC welcomes the Senate's Inquiry and calls on
the Australian Government to adopt numerous "immediate
priorities" and notes that urgent action on climate change is
required (29 September 2023). Read the ASBEC's submission
here.
Cases
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.
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).
Brown 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).
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.
Chalboub 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).
Lee v
Taylor [2023] NSWCATAP 267
APPEAL – whether appellant establishes error on question of
law – whether appellant establishes grounds for leave to
appeal – whether "new evidence" relied on by
appellant was not reasonably available at time of original
hearing.
Civil and Administrative Tribunal Act 2013 (NSW), s 80, cl 12 of
Sch 4; Residential Tenancies Act 2010 (NSW), ss 19, 21, 38, 39, 40,
41, 47; Residential Tenancies Regulation 2019 (NSW), cl 34.
Hamdan v Commissioner for Fair Trading [2023] NSWCATOD
147
OCCUPATIONS – other occupations – electrical
contractors and electricians – whether the Applicant is a fit
and proper person to hold the licence.
Administrative Decisions Review Act 1997 (NSW) Home Building Act
1989 (NSW); Home Building Regulation 2014 (NSW).
SafeWork
NSW v Denbrok Constructions Pty Limited [2023] NSWDC
407
CRIMINAL LAW – prosecution – work health and safety
– duty of persons undertaking business – risk of death
or serious injury – maximum penalty.
SENTENCE – objective seriousness – mitigating factors
– aggravating factors – plea of guilty –
appropriate discount for the utility of the plea – general
deterrence – specific deterrence – remorse and
contrition – maximum penalties.
COSTS – prosecutor's costs – capacity to pay.
Crimes (Sentencing Procedure) Act 1999 (NSW); Criminal Procedure
Act 1986 (NSW); Fines Act 1996 (NSW); Work Health and Safety Act
2011 (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.
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.
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.
Actol Pty Ltd v Rise Products Pty Ltd; Rise Product Pty Ltd v
Actol Pty Ltd [2023] NSWCATAP 259
APPEALS – statutory interpretation – when amendment
increasing Tribunal's monetary jurisdictional limit in claims
under the Fair Trading Act 1987 (NSW) takes effect –
questions of law – adequacy of reasons as a question of law
– need to identify questions of law with clarity.
Australian Consumer Law (NSW); Civil and Administrative Tribunal
Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW);
Corporations Act 2001 (Cth); Design and Building Practitioners Act
2020 (NSW); Fair Trading Act 1987 (NSW); Fair Trading Amendment
(Monetary Limit on Orders) Regulation 2022 (NSW); Home Building Act
1989 (NSW); Interpretation Act 1987 (NSW); Subordinate Legislation
Act 1989 (NSW); Worker's Compensation Act 1987 (NSW).
Benson v NSW Self
Insurance Corporation [2023] NSWCATCD 103
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW)
– insurance – claims.
Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW);
Residential Tenancies Act 2010 (NSW) Act 2013 (NSW).
Hardwicke v Paul
Richards Plumbing Pty Ltd [2023] NSWCATCD 102
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW)
– warranties implied into residential building contracts
– due care and skill – compliance with specifications
– fitness for purpose – applicant repudiated contract
by refusing respondent access to complete work – scope of
work in contract not fit to achieve the purpose disclosed by the
applicant – applicant had not paid full contract price
– no evidence to establish what it would have cost the
applicant to achieve the disclosed purpose – Tribunal unable
to assess whether respondent entitled to any further payment
– order made that applicant not liable for further
payment.
Home Building Act 1989 (NSW); Home Building Regulation 2014
(NSW).
The Owners Strata
Plan 92156 v Professional Construction Services Pty Ltd [2023]
NSWCATCD 100
BUILDING & CONSTRUCTION; Home Building – breach of
statutory warranties – where work involved the conversion to
residential use of a commercial space – scope of contract
– effect of implied warranties.
Home Building Act 1989.
Playpoint Pty
Limited v Gerflor Australasia Pty Ltd [2023] NSWCATCCD
110
CONSUMER LAW – supply of services – guarantee of due
care and skill – advice and information – guarantee of
fitness for purpose – misleading and deceptive conduct
– causation.
Australian Consumer Law; Fair Trading Act 1987 (NSW); Fair Trading
Regulation 2019 (NSW); Home Building Act 1989 (NSW).
Champion Homes
Sales Pty Ltd v Biggs; Biggs v Champion Homes Sales Pty Ltd
[2023] NSWCATCD 117
BUILDING AND CONSTRUCTION – contract – termination
– repudiation.
BUILDING AND CONSTRUCTION – contract – agreed damages
– penalty.
Home Building Act 1989 (NSW).
Scozza v Jih
Building Design Pty Ltd [2023] NSWCATCD 120
CONSUMER LAW – consumer guarantees – supply of services
– guarantee as to due care and skill – guarantee as to
fitness for a particular purpose – guarantee as to reasonable
time for supply.
Australian Consumer Law 2010 (NSW); Fair Trading Act 1987 (NSW);
Fair Trading Regulation 2019 (NSW); Home Building Act 1989
(NSW).
Legislation
Assented to
Treasury and Revenue Legislation Amendment Act 2023 No 26
– assented to 27 September 2023
Civil
and Administrative Tribunal Amendment Act 2023 No 22 –
assented to 20 September 2023
Regulations and miscellaneous instruments
Transport Legislation Amendment (Penalties, Fees and Charges)
Regulation 2023 (SI 550) – commenced 1 October 2023
Civil Liability (Non-economic Loss) Amendment Order 2023 (SI
546) – commenced 1 October 2023
Public
Interest Disclosures Regulation 2022 (SI 549) – Published
1 October 2023
Administrative Arrangements (Administrative Changes –
Minister for Domestic Manufacturing and Government Procurement)
Order 2023 (SI 544) – commenced on 28 September 2023
Planning instruments
Byron Local Environmental Plan Amendment (Housing) 2023 (EPI
541) – LW 29 September 2023
Guyra Local Environmental Plan 2012 (Amendment No 5) (2023 EPI
553) – LW pushed 29 September 2023
Sutherland Shire Local Environmental Plan (Exempt and Complying
Development Codes) Amendment 2023 (EPI 555) – LW
published 29 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.
