In the Media
NSW Government acting to strengthen building
industry
The Minns Labor Government is acting to strengthen the quality of
building and construction in NSW by establishing a NSW Building
Commission by the end of the year – a single body to oversee
the regulation, licensing and oversight of the industry (16 May
2023).
More...
Proposed NSW Building commission must support housing
supply
HIA Director David Bare shares his thoughts on the NSW Government
establishing a Building Commission & it's impact on housing
supply (17 May 2023).
More...
Federal Budget highlights importance of strata to
achieve government agenda
Significant advocacy victories for the strata sector amid increased
federal government engagement have shown in the 2023-24 Budget that
strata is key to the federal government's agenda (10 May 2023).
More...
New national construction forum funded in Federal Budget
2023
The Federal Budget delivered on Tuesday 9 May 2023 included welcome
funding to establish the National Construction Industry Forum
(NCIF) (10 May 2023).
More...
Developers get a budget boost for housing
Major ASX-listed property players involved in residential
development, including Lendlease, Mirvac and Stockland, can expect
a boost from federal budget measures to support investment into
build-to-rent projects and increase rental relief for many
residents in land lease-style housing estates.
More...
New report addresses how construction firms can
kickstart growth
CreditorWatch has published a new report on
managing credit risk in the Australian construction industry,
titled '
Cracks in the Foundations 2023'. The
report provides an analysis of the current state of the
construction industry, with guidance for firms to help them
navigate challenging market conditions and kickstart growth (9 May
2023).
More...
Housing industry warns of grim outlook as lending curbs
begin to bite
Credit curbs are prompting the cancellation of one existing home
sale for every three new contracts signed, further slowing a
pipeline of new housing development that threatens to send builders
to the wall as activity dries up (18 May 2023).
More...
'Home builders need deep pockets to survive
downturn'
NSW home builder Rawson, whose net loss nearly doubled to
$28.9 million last year, is counting on the backing of parent
company Daiwa to ride out a downturn that it says will take another
six months for market confidence to return (18 May 2023).
More...
In practice and courts
Decisions reserved as at 12 May 2023
The Court of Appeal maintains a list of matters before the Court
for which judgment is reserved. Read more
here.
Published – articles, papers, reports
ACIF: May 2023 ACIF Forecasts results
Read the media release published by ACIF which discusses
construction industry findings from the May 2023 ACIF Forecasts (16
May 2023).
More...
Creditors Watch: Cracks in the Foundations
2023
The report covers the latest data on the health of the construction
sector, the state of play for smaller construction firms, what
construction businesses can do to navigate difficult market
conditions, and the construction sector outlook. Read more
here.
ABCB: New NCC CPD is now available
NCC CPD micromodules have been developed for CPD providers to
deliver as part of their own CPD activities. Our aim is to
complement existing programs and increase National Construction
Code (NCC) content in education. This will ultimately improve
practitioner understanding and achieve NCC compliant outcomes (18
May 2023). Read more here.
ABCB: Use of AS 1324.2 for demonstrating air filter
efficiency
Some practitioners and suppliers have asked whether a recent
edition of the ABCB handbook 'Indoor Air Quality Verification
Methods' considers AS 1324.2:2003 outdated as it referred to
the standard having 'legacy' test methods. The answer is
no; AS 1324.2:2003 has contemporary application
for Performance Solutions for the verification of indoor air
quality. Further, for a DTS Solution, AS 1324.2:2003 is the only
applicable test standard for air filter efficiency. Read more
here.
Cases
McLachlan
v Edwards Landscapes Pty Ltd [2023] NSWSC
532
BUILDING AND CONSTRUCTION – jurisdiction of NSW Civil and
Administrative Tribunal under the Home Building Act 1989 (NSW)
– where claim substantively concerns breach of statutory
warranty.
APPEALS – leave to appeal – whether leave required
– interlocutory decisions – where matter transferred
from Local Court to NSW Civil and Administrative Tribunal.|
Design and Building
Practitioners Act 2020 (NSW); Home Building Act 1989
(NSW); Local Court Act
2007 (NSW).
Madic
Construction Pty Ltd v Noble [2023] NSWCATAP
130
APPEAL – HOME BUILDING – renewal proceedings –
orders made must be other than original orders – against the
weight of evidence.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW).
Hall v
Commissioner for Fair Trading [2023] NSWCATOD
59
ADMINISTRATIVE LAW – Home building –
application for individual contractor licence – application
of Instrument – experience requirements –
"employee" – "remuneration" –
whether an employee.
Administrative Decisions Review Act 1997; Building Legislation
Amendment Act 2021; Civil and Administrative Tribunal Act 2013;
Home Building Act 1989; Licensing and Registration (Uniform
Procedures) Act 2002.
Vlaanderen v Schuessler [2023]
NSWCATAP 126
APPEAL – HOME BUILDING – dismissal of compensation
claim – no error of law – no issue of principle.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW).
The Owners-Strata Plan No. 86807 v Crown Group Constructions Pty
Ltd (No 2) [2023] NSWSC
520
CIVIL PROCEDURE – originating process – amendment
– claim under Design and Building Practitioners Act 2020
(NSW) – where no evidence of non-compliance with the Building
Code of Australia – discretionary matters – where delay
in bringing application – where no evidence of irremediable
prejudice – leave granted conditional on evidence that
building work did not comply with Building Code of Australia.
CIVIL PROCEDURE – originating process – amendment
– claim under Design and Building Practitioners Act 2020
(NSW) – whether claim apportionable – determination as
to the applicability of Pt 4 of the Civil Liability Act 2002 (NSW)
unnecessary to grant of leave to amend.
Building Code of Australia; Civil Liability Act 2002 (NSW); Design
and Building Practitioners Act (2020) (NSW); Environmental Planning
and Assessment Act 1979 (NSW); Home Building Act 1989 (NSW); Law
Reform (Miscellaneous Provisions) Act 1946 (NSW); Limitation Act
1969 (NSW); Limitation Act 1969 (NSW).
Brucic Pty Ltd v Turton [2023] NSWCATAP
129
BUILDING AND CONSTRUCTION – breach of statutory warranty of
due care and skill under the Home Building Act 1989 (NSW) –
whether work done was residential building work-whether work was
done on a "driveway", which is included within the
definition of a "dwelling" – work done on part of
road used to access dwelling on a small rural property –
whether question of law involved – conclusion that work was
done on a "driveway" was open to the Tribunal.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Rules 2014 (NSW); Home Building Act 1989 (NSW).
Kember v
Commissioner for Fair Trading [2023] NSWCATOD
60
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); Weapons
Prohibition Act 1998 (NSW).
Goodman v
Commissioner for Fair Trading [2023] NSWCATOD
66
ADMINISTRATIVE LAW – Home Building Act
– administrative review of decision to refuse application for
renewal of licence – fit and proper person requirement
– whether applicant took all reasonable steps to avoid
external administration – whether applicant is capable of
doing the work for which the certificate is required.
Administrative Disputes Review Act 1997; Home Building Act
1989.
Regulation and other miscellaneous instruments
Liquor Amendment (Alternative Age Verification) Regulation 2023 (2023-251) – published LW 17 May 2023
Environmental Planning Instruments
Bathurst
Regional Local Environmental Plan 2014 (Amendment No 22)
(2023-244) – published LW 12 May 2023
Blayney
Local Environmental Plan 2012 (Amendment No 12) –
published LW 19 May 2023
Bourke
Local Environmental Plan 2012 (Amendment No 4) –
published LW 19 May 2023
Cumberland
Local Environmental Plan 2021 (Map Amendment No 5) –
published LW 12 May 2023
Hornsby
Local Environmental Plan 2013 (Amendment No 12) –
published LW 19 May 2023
Mid-Western
Regional Local Environmental Plan 2012 (Map Amendment No 9)
– published LW 12 May 2023
North
Sydney Local Environmental Plan 2013 (Amendment No 35) –
published LW 19 May 2023
Orange
Local Environmental Plan 2011 (Amendment No 33) –
published LW 19 May 2023
Port
Stephens Local Environmental Plan 2013 (Map Amendment No 5)
– published LW 12 May 2023
Ryde
Local Environmental Plan 2014 (Map Amendment No 3) –
published LW 12 May 2023
Sydney
Local Environmental Plan 2012 (Map Amendment No 5) –
published LW 19 May 2023
Wakool
Local Environmental Plan 2013 (Amendment No 6) –
published LW 19 May 2023
Warrumbungle
Local Environmental Plan 2013 (Amendment No 3) –
published LW 12 May 2023
Wingecarribee
Local Environmental Plan 2010 (Amendment No 67) –
published LW 12 May 2023
Wollongong
Local Environmental Plan 2009 (Amendment No 53) –
published LW 19 May 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.