In the media
Industry experts propose changes to National
Construction Code
Engineers Australia is advocating for changes to the
National Construction Code to address the primary cause of defects
in Australian apartments and commercial buildings: water leaks.
These leaks account for 80 to 90 per cent of defects, costing
building owners and insurance companies up to $3 billion annually
(11 June 2024). Read more here.
Real estate agents weigh profits against prices as
property market finds yet another gear
Property price growth across the country is, again,
shifting up a gear, and it's unclear when the market will cool.
The pace of quarterly growth continued to tick higher in May, with
property data firm CoreLogic reporting values up 1.9 per cent, from
a recent low of 1.1 per cent, during the three months to January.
The latest Bureau of Statistics figures show the mean price of
residential dwellings rose by $14,300 to $959,300 in the March
quarter (12 June 2024). Read more here.
Retirement communities could ease housing shortage while
improving outcomes for older Australians, peak body says
Over 55s lifestyle resorts could be part of the solution
to the nation's housing crisis by freeing up more properties
for families, according to the nation's peak retirement living
body. Retirement communities have seen a significant increase in
popularity, as the population ages, and people start to downsize
(11 June 2024). Read more here.
Plugging the talent gap in Australia's construction
sector in focus
The importance of plugging the talent gap across
Australia's construction sector to put a dent in the
country's housing crisis took centre stage at Sydney Build
2024, writes Maricel Cavestany, Regional Manager Oceania and Isaac
Ryan, Policy and Public Affairs Manager at the Chartered Institute
of Building (CIOB) (7 June 2024). Read more here.
Construction leaders to help tackle homelessness
crisis
As the housing and homelessness crisis continues to impact
communities across the nation, the annual Vinnies CEO Sleepout is
rallying business leaders from various industries to raise
awareness and funds in support of homelessness services. Among the
participants this year are prominent figures from the construction
sector, who will be swapping their beds for cardboard boxes on 20
June 2024 (4 June 2024). Read more here.
Construction sector emerges as top draw for Australian
workers
The annual Randstad Employer Brand Research, an
independent survey of over 6,000 Australian workers, has revealed a
significant shift in the most attractive sectors for employment in
2024.
Construction, transport and logistics have emerged as the top
draws, with 54 per cent of respondents identifying each as the most
appealing industry to work in. Within the construction sector, CPB
Contractors, Ventia, and UGL have been recognised as the most
attractive employers (4 June 2024). Read more here.
In practice and courts
Housing completion targets
The NSW Government has released 5-year housing completion
targets for 43 councils across Greater Sydney,
Illawarra-Shoalhaven, Central Coast, Lower Hunter and Greater
Newcastle and 1 target for regional NSW. The 5-year targets respond
to the NSW Government's commitment under the National Housing
Accord to deliver 377,000 new well-located homes across the state
by 2029. Local, State, and Federal Governments are all signatories
to the National Housing Accord and are working
together to respond to the national housing crisis (1 June 2024).
Read more
here. Read how the targets were set here.
Have your say – NSW waste levy review
The New South Wales Environment Protection Authority is
seeking your feedback on the operation of the NSW waste levy, its
primary instrument for reducing waste to landfill and promoting
resource recovery. Read the Issues paper reviewing the NSW waste
levy here. Provide your feedback here.
Residential building and construction services business
in court
The Fair Work Ombudsman has commenced legal action against
the operator of a residential building and construction services
business in south-west Sydney. Facing court is Humza Moussa, who
operated Xteria Designs in Leppington. The regulator investigated
after receiving a request for assistance from a young worker Mr
Moussa employed on a casual basis as a labourer between November
2021 and January 2022 (11 June 2024). Read more here.
Publications
Future Workforce discussion paper for FF24
The Australian construction industry is increasingly
unable to deliver the infrastructure projects that are needed, when
they are needed and for an affordable price. The gap between the
available workforce and the workforce needed is growing while
productivity growth stagnates and costs increase. This is a matter
of national importance that requires a coordinated national
response (4 June 2024). Read the report here. Read the article discussing the report
here.
Building the Future: Navigating Challenges and
Opportunities for Quantity Surveyors and Contract
Administrators
In an industry as dynamic as construction, staying ahead
means understanding the trends, challenges, and opportunities that
shape our professions. Payapps has conducted an extensive survey
across Australia, New Zealand, and beyond (5 June 2024). Access the
report here. Read the article discussing the findings
of the report here.
Cases
Togias v State of New South Wales [2024]
NSWSC 703
LAND LAW – Co-ownership – second defendant has recently
become the registered proprietor of certain residential real
property occupied by the plaintiff and her former de facto partner
– the second defendant has acquired title to the property
consequent upon orders under the Criminal
Assets Recovery Act 1990 against the plaintiff's former de
facto partner – the Court of Appeal has declared that the
plaintiff has a 25% interest in the property and the second
defendant holds the other 75% – the second defendant now
seeks to sell the property – the second defendant was found
in a previous judgment to have an immediate right to possession of
the property against the plaintiff, a co-owner in equity, who is
also a tenant at will of the second defendant – judgment for
possession has been entered in favour of the second defendant
against the plaintiff and writ for possession stayed pending the
taking of accounts between the plaintiff and the second defendant
– whether there can be a set-off against the plaintiff's
charge for her payments of rates, charges and mortgage instalments
during her occupation, a notional occupation fee in respect of the
balance of the interests that she does not own in equity in the
property
Uniform
Civil Procedure Rules, r 31.46
Owners of Strata Plan 4015 v Mizrachi
[2024] NSWLEC 1304
TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges –
bamboo – view obstruction severe – sunlight obstruction
– balance between redemption of ocean views and privacy
– pruning ordered Environmental Planning and Assessment Act 1979
; Trees
(Disputes Between Neighbours) Act 2006, ss 6, 14A, 14B, 14C, 14D, 14E, 14F, Pt 2A ; Trees (Disputes between Neighbours) Regulation
2019, s 4
Purser v Purser (No 2) [2024] NSWSC
700
LAND LAW – co-ownership – severance of joint tenancy
– where co-owners have not formally severed joint tenancy
– where co-owners' respective shares of the Property not
determined – whether joint tenancy severed unilaterally by
deed or by course of conduct
Conveyancing Act 1919 (NSW), ss 12, 24, 66G ; Real Property Act 1900 (NSW), s 97
The Owners Strata Plan 99960 v SPS Building
Contractors Pty Ltd [2024] NSWSC 687
BUILDING AND CONSTRUCTION – Home Building
Act 1989 – residential building work – statutory
warranties – defendant constructed development of 45
townhouses – extent of defects – whether damage to lot
property or common property – scope of rectification
works
Home
Building Act 1989 (NSW), ss 18B, 18D, 18E ; Strata Schemes Development Act 2015 (NSW), ss
4, 6, 9 ; Strata Schemes Management Act 2015 (NSW), s 122 ; Uniform Civil Procedure Rules 2005 (NSW), r 28.2
Fam v Assassin Pert Control Pty Ltd t/as
Assassin Pest Control [2024] NSWCATAP 106
APPEALS – errors other than questions of law – no
question of principle
Australian
Consumer Law, s 18 ; Civil and Administrative Tribunal Act 2013
(NSW), s 80; cl 12 of Sch 4 ; Civil and Administrative Tribunal Rules 2014
(NSW), r 35(4)(c) ; Competition
and Consumer Act 2010 (Cth), Sch 2 ; Home Building Act 1989 (NSW), s 48O ; Property and Stock Agents Act 2002 (NSW), s 52
Hiperia Holdings Pty Limited v Sghabi;; Sghabi
v Hiperia Holdings Pty Limited [2024] NSWCATAP 105
HOME BUILDING – successor in title engaged contractor to
complete residential building work of another builder – no
liability for contractor where no inference drawn on available
evidence that contractor had installed defective windows – no
breach of statutory warranty where consequential loss arising from
water penetration not caused by contractor's work –
contingency provision allowable in building defects claim.
APPEAL – error on a question of law in relation to some
findings of defective work – inadequacy of reasons –
substituted findings of Appeal Panel.
Civil and
Administrative Tribunal Act 2013 (NSW) ; Civil and
Administrative Tribunal Rules 2014 ; Home Building
Act 1989 (NSW)
Jesiolowski v Department of Customer Service:
Building Commission NSW [2024] NSWCATOD 72
PROFESSIONS AND TRADES – refusal of qualified supervisor
certificate – disconnection and reconnection of fixed
electrical equipment – administrative review of decision
– scope of work.
Administrative Decisions Review Act 1997 (NSW)
; Civil
and Administrative Tribunal Act 2013 (NSW) ; Home Building
Act 1989 (NSW) ; Home Building Regulation 2014 (NSW)
Kazzi v KR Properties Global Pty Ltd t/as AK
Properties Group [2024] NSWCA 143
TORTS – negligence – duty of care – statutory
extension – breach of duty by nominated supervisor of works
– nominated supervisor directed construction otherwise than
in accordance with the approved plans – failure by builder to
carry out works in a proper and workman-like manner
NEGLIGENCE – assessment of damages – Hungerfords interest – whether the
negligence of the nominated supervisor of building works caused the
respondents to incur interest on their borrowings – where the
delay in completion of the works resulted from multiple conjunctive
causal factors
Civil
Procedure Act 2005 (NSW), ss 64, 100 ; Design and Building Practitioners Act 2020
(NSW) , ss 36, 37, 41 ; Environmental Planning and Assessment Act 1979,
ss 76A, 96 ; Home Building Act 1989 (NSW), ss 18B(1), 53(1) ; Uniform Civil
Procedure Rules 2005 (NSW), r 36.16(3A)
The Owners Strata Plan 98726 v Elite Realty
Development Pty Ltd (No 3) [2024] NSWSC 673
BUILDING AND CONSTRUCTION – contract – damages –
defects – judgment earlier entered against builder with
damages to be assessed – assessment of damages
Home
Building Act 1989 (NSW)
Mangano v Amescorp Pty Ltd [2024] NSWDC
195
CIVIL LAW – principal judgment – Home Building contract
– implied warranties – alleged defects – damages
– Liability of sole director of builder –
"Nominated supervisor" within the meaning of the Home Building
Act 1989 – "Construction work" within the
meaning of the Design and Building Practitioners Act 2020
– duty of care – breach of duty – loss
Design and
Building Practitioners Act 2020 ss 36, 37 ; Home Building Act 1989 ss 53, 180
Mustapha v Commissioner for Fair Trading
[2024] NSWCATAD 150
PROFESSIONS AND TRADES – whether Applicant is disqualified
under sections 20(1)(c) and 33A of Home Building
Act 1989 (NSW) – whether offence involving honesty should
be ignored under section 33A(2) of Home Building
Act 1989 (NSW) – whether Applicant is a fit and proper
person to hold contractor licence under sections 20(1)(a) and
20(1A) of Home Building Act 1989 (NSW)
Administrative Decisions Review Act 1997 (NSW)
; Civil
and Administrative Tribunal Act 2013 (NSW) ; Home Building
Act 1989 (NSW) ; Home Building Regulation 2014 (NSW)
Lexi Development Australia Pty Ltd v
Commissioner for Fair Trading [2024] NSWCATOD 69
ADMINISTRATIVE REVIEW – licencing – licence cancelled
– jurisdiction of Tribunal to review cancellation decision
– whether respondent refused to amend licence or restore
licence – whether reviewable decision
Civil and
Administrative Tribunal Act 2013 ; Administrative Decisions Review Act 1997 ; Home Building
Act 1989 ; Licensing and Registration (Uniform Procedures) Act
2002
Legislation
Government Bills
National Parks and Heritage Legislation Amendment Bill 2024 – introduced LA 15 May 2024, passed LA 4 June 2024, introduced LC for concurrence 5 June 2024
Residential (Land Lease) Communities Amendment Bill 2024 – introduced LA 14 May 2024, amended in LA 5 June 2024, passed LA 5 June 2024, introduced LC for concurrence 6 June 2024
Non-Government Bills
Environmental Planning and Assessment Amendment (Disallowance of Transport Oriented Development SEPP) Bill 2024 – introduced LC 5 June 2024
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.