In the media
1700 aspiring owners stranded as Porter Davis goes
under
The appointment of liquidators to Porter Davis Homes,
Australia's 12th largest home builder, has
"left more than 1700 projects in the lurch across Victoria and
Queensland, as well as a further 779 customers with projects signed
but yet to start construction". The collapse of Porter Davis
is "unlikely to be the last" (31 March 2023). More.
Loans for new home builds fall to record low
New home construction lending activity fell to a record
low in February with new loans for owner occupiers falling 4.8% -
the "lowest in Australian Bureau of Statistics records that go
back to 2002". Loans for new home buildings have been
plummeting since January 2021 and new home construction is also on
the decline (3 April 2023). More.
Surging immigration exacerbates housing shortfall
Surging population and growth faster-than-expected rise in
borrowing costs will widen the predicted housing shortfall from
62,900 to 106,300 by 2027. The "country's chronic housing
shortage comes as the federal government's ability to respond
to the crisis weakens", given the Albanese government's
failure to pass the Housing Australia Fund Bill 2023 that would
have created a $10 billion Housing Australia Future Fund to fund
the development of 30,000 new social and affordable homes over five
years (3 April 2023). More.
In practice and courts
Engineers Australia: Accredited programs
Engineers Australia has complied an updated list of
EA-accredited engineering programs from Australian tertiary and VET
education providers. (April 2023). Read more here.
Australian Building Codes Board: New ABCB support
materials for Livable Housing Design provision in NCC 2022
The ABCB has released two new publications of the ABCB
Handbook for Livable Housing Design and the ABCB Voluntary Standard
of Livable Housing Design: Beyond Minimum to support
practitioners' understanding of the new livable housing design
provisions. (6 April 2023). Read more here.
Australian Building Codes Board: Register of Editorial
Corrections
The ABCB has made corrections to the Livable Housing
Design Standard to improve clarity. (6 April 2023). Read more here.
Australian Building Codes Board: Use of AS 1562.1 for
demonstrating weatherproofing compliance of metal wall cladding
panel systems
The ABCB has stated that F3D5(c) provision for
demonstrating compliance of wall cladding panel systems under the
NCC does not preclude the use of panel cladding systems that do not
comply with the requirements of AS 1561.1. F3D5(c) introduces a new
method of demonstrating compliance but it does not invalidate
previously used methods. (5 April 2023). Read more here.
Australian Building Codes Board: NCC 2022 Volume One
lighting calculator
The ABCB has released a new version of the NCC 2022 Volume
One lighting calculator to assist in understanding and applying the
provisions for energy efficiency. Read more here.
Australian Building Codes Board: NCC 2022 Volume Two
lighting calculator
The ABCB has released a new version of the NCC 2022 Volume
Two lighting calculator to assist in understanding and applying the
provisions for energy. Read more here.
Published - articles, papers, reports
Standards Australia: Better, cheaper access to standards
for tradies
Standards Australia have developed a mobile model that
enables tradespeople, technicians and workers the ability to view
compliance standards in real time. (6 April 2023). Read more here.
Australian Bureau of Statistics: Building approvals,
Australia
The Australian Bureau of Statistics has released its
latest statistics on the number of dwelling units and value of the
buildings approved for February 2023 reference period (3 April
2023). Read more here.
Housing Industry Association: Housing supply worsens as
demand increases
The demand for housing is increasing rapidly whereas
increased production costs and less investment has resulted in
construction and supply of housing to be well below necessary
levels (3 April 2023). Read more here.
Housing Industry Association: Building and lending
approvals stall under weight of the RBA
February 2023 had the lowest issue of loans for new homes
since November 2008 (3 April 2023). Read more here.
Australian Bureau of Statistics: Engineering
construction activity, Australia
Australian Bureau of Statistics has released its latest
statistics on the number of engineering construction work done,
commenced and yet to be done for December 2022 reference period (29
March 2023). Read more here.
Australian Institute of Architects: NSW student
architecture awards celebrate future of design
The winners of the New South Wales Student Architecture
Awards for 2022 designed policies and projects to drive more
diverse and equitable housing, and plan new ways to rebuild flood
zones (28 March 2023). Read more here.
Cases
Oxford (NSW) Pty Ltd v KR Properties
Global Pty Ltd trading as AK Properties Group ABN 62 971 068
965 [2023] NSWSC 343
BUILDING AND CONSTRUCTION - contract - damages - defects - whether
builder entitled to payment of invoices sued upon - whether
building work incomplete - whether building work defective -
whether cost of rectifying defects proved - whether owners entitled
to claim for Hungerfords interest - whether director in breach of
the duty prescribed by the Design and Building Practitioners Act
2020 (NSW).
Design and Building Practitioners Act 2020 (NSW); Environmental
Planning and Assessment Act 1979 (NSW) and Home Building Act 1989
(NSW).
Deaves v Sigma Group NSW Pty
Limited [2023] NSWCATAP 94
APPEAL - decision of Consumer and Commercial Division - purchase of
a lot in a strata scheme upon which a dwelling was to be built -
alleged breach of statutory warranties in s 18B of the Home
Building Act 1989 (NSW) in respect of the dwelling as built -
claims by purchaser against the developer and the builder under ss
18C and 18D - purchaser a successor in title within the meaning of
that term in ss 18C and 18D - alleged completion of purchase of lot
with knowledge of building defects - whether the Tribunal was
correct to consider that decision by purchaser to complete with
notice or assumed knowledge of defects in light of the non-exercise
of potential redress under the conveyance contract between the
purchaser and the developer precluded application of statutory
warranties - jurisdiction of Tribunal in relation to additional
claim under the Design and Building Practitioners Act 2020 (NSW) -
questions of law raised on appeal - appeal upheld - costs -
remitter to differently constituted Tribunal.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Design and Building
Practitioners Act 2020 (NSW) and Home Building Act 1989 (NSW).
Dubow v Liddell
[2023] NSWCATAP 93
CONTRACTS - oral contract - formation - offer and acceptance -
terms of contract - sufficiency of evidence - no question of
principle.
CIVIL PROCEDURE - hearings - procedural fairness - excessive
intervention - indicia of - no question of principle.
Civil and Administrative Tribunal Act 2013 (NSW).
McIntosh v Lennon
[2023] NSWCATAP 83
BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) -
owner - father purchases property in the name of his daughter -
resulting trust - presumption of advancement rebutted - beneficiary
of resulting trust within the definition of "owner" in
the Home Building Act.
BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) -
owner-builder - owner-builder undertakes residential building work
without an owner-builder permit - definition of owner-builder in
the Home Building Act - proper interpretation of definition of
owner-builder - legal meaning differs from literal meaning -
definition includes owner-builders who undertake residential
building work without a permit - alternatively, permissible to read
definition as if it contained additional words - principles to
apply when reading additional words into statute.
Home Building Act 1989 (NSW) and Home Building Amendment Act 2014
(NSW).
Colourrender (Australia) Pty Ltd v
Sarkis; Sarkis v Colourrender (Australia) Pty Ltd
[2023] NSWCATAP 90
APPEAL - whether Tribunal lacked jurisdiction having regard to the
date of lodgement of the application - jurisdiction point not
raised at first instance - calculation of quantum - whether there
was procedural fairness - whether homeowners made a claim for
breach of representations including whether representations were an
implied term of the contract.
Competition & Consumer Act 2010 (Cth) and Home Building Act
1989 (NSW).
Cappello v HomeBuilding Pty
Ltd [2023] NSWCA 61
PROCEDURE - application for leave to lodge caveat - interest in
land created under Home Building Act 1989 (NSW), s 7D -
leave required where earlier caveat allowed to lapse - attempt to
prevent earlier caveat lapsing - no significant delay - interest in
land based on assessed costs - judicial review of judgment
dismissing appeal from costs assessment - limited prospects of
success.
Home Building Act 1989 (NSW); Real Property Act 1900 (NSW) and
Supreme Court Act 1970 (NSW).
O'Loughlin v Commissioner for Fair
Trading [2023] NSWCATAP 87
OCCUPATIONAL - application for restoration of builder's licence
previously held by appellant - whether failure to renew due to
inadvertence - whether just and equitable to restore licence -
application for new builder' licence or supervisor certificate
- necessary qualifications for a licence or certificate -
transitional arrangements.
LEAVE TO APPEAL - where grounds for leave to appeal are not
established.
Home Building Act 1989 (NSW) and Civil and Administrative Tribunal
Act 2013 (NSW).
AGY Global Wealth Pty Ltd v
Gillies [2023] NSWCATAP 85
APPEAL - Notice of Appeal - filed outside of the prescribed time -
whether extension of time should be granted - no sound recording or
transcript of the Tribunal's oral reasons for decision filed -
extension of time refused.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW) and Home Building Act
1989.
Legislation
NSW Legislation
Regulation and other miscellaneous instruments
Environmental Planning Instruments
Great Lakes Local Environmental Plan 2014 (Map
Amendment No 4) - published LW 6 April 2023.
Port Macquarie-Hastings Local Environmental Plan
2011 (Map Amendment No 4) - published LW 6 April 2023.
Shellharbour Local Environmental Plan 2013 (Map
Amendment No 2) - published LW 31 March 2023.
Shellharbour Local Environmental Plan 2013 (Map
Amendment No 1) - published LW 31 March 2023.
Canada Bay Local Environmental Plan 2013 (Amendment
No 23) - published LW 31 March 2023.
Commonwealth Legislation
Act Compilation
Fair Work Act 2009 31/03/2023 - Act No 28 of
2009 as amended.
Regulation and other miscellaneous instruments
Fair Work Regulations 2009 6/04/2023 - as
amended.
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.