In the media
Strong foundations being laid for Homes NSW
Peak housing and homelessness bodies, advocacy groups,
service providers, unions and social housing tenants have joined
forces to collaborate on significant reform to the housing sector
as the Minns Labor Government works to get more people into homes
(20 July 2023). Read more here.
Apartment rents to rise 13pc as supply shortfall
widens
A severe shortage of apartment rental supply could lift
rents by another 13 per cent in some inner city districts next year
as demand rises further, CBRE analysis shows (25 July 2023). Read
more here.
No penalties dished out yet for Airbnb cap
breakers
NSW rules limiting owners from renting out properties on a
short-term basis on platforms such as Airbnb to 180 nights a year
have not been enforced once in nearly two years of operation,
records show (21 July 2023). Read more here.
Cash rate continues to impede housing supply
"Sales of new homes across Australia fell by 4.8 per
cent in June, to remain at rock bottom levels. This poor result in
June leaves sales in the 2022/23 financial year down by 33.2 per
cent compared to the previous year," stated HIA Chief
Economist Tim Reardon (20 July 2023). Read more here.
ACA: How to get your project built
New analysis from the Australian Constructors Association
(ACA) shows that building firms are entering administration at more
than twice the rate of other industries. In the year to March 2023,
builders failed at a rate of 619 per 100,000 firms. The rate for
the rest of economy was 270 (19 July 2023). Read more here.
In practice
Decisions reserved as at 28 July 2023
The Court of Appeal maintains a list of matters before the
Court for which judgement is reserved (28 July 2023). Read more here.
Published
Australian Constructors Association: All Risk No Reward
- Fixing the building industry's profitless boom
The Australian Constructors Association (ACA) has released
a report shining a spotlight on the poor health of the building
industry and the need for urgent action. ACA CEO Jon Davies said
the message is clear - the industry is in deep trouble, and
government must act now to stop the contagion and create a more
sustainable industry able to build the housing and infrastructure
the nation requires (19 July 2023). Read more here.
Cases
Akcome Power Pty Ltd v
Eid [2023] NSWCATCD
53
CONSUMER CLAIM - whether consumer claim -
jurisdiction.
BUILDING CLAIM - whether building claim - whether building goods or
services - whether residential building work - jurisdiction.
Civil and Administrative Tribunal Act 2013 (NSW); Fair Trading Act
1987 (NSW); Home Building Act (NSW).
Anderson v Gold Emporium Pty Ltd t/a
Cordony Constructions (No 2) [2023] NSWCATCD
43
BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) s
48O - order that the respondent carry out work to rectify building
defects - application for substitution with an order for the
payment of money - Tribunal has no jurisdiction to revisit orders
once made except in the narrow circumstances provided by s 63 of
the Civil and Administrative Tribunal Act 2013 (NSW).
ADMINISTRATIVE LAW - Civil and Administrative Tribunal -
application to substitute an order for the payment of money instead
of an order for the carrying out of work - Tribunal has no
jurisdiction to vary orders once made except for obvious errors in
the text of a notice of a decision or a statement of reasons
(pursuant to s 63 of the Civil and Administrative Tribunal
Act).
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989
(NSW).
Fabemu (No 2) Pty Ltd v Kiama Municipal
Council [2023] NSWLEC
79
DEVELOPMENT CONSENT - declaration sought that consent had
commenced by virtue of s 4.53(4) of the Environmental Planning and
Assessment Act 1979 (the EPA Act) - works relied upon as causing
commencement were geotechnical borehole drilling - conditions of
consent required preparation of traffic management plan condition
required to be effected prior to the carrying out of the works
sought to be relied upon as a constituting commencement -
satisfaction of the traffic management plan condition required to
be effected prior to the carrying out of any work, including the
work relied upon for the purposes of s 4.53(4) of the EPA Act -
application for declaration that the development consent has
commenced dismissed.
Environmental Planning and Assessment Act 1979 (NSW).
Hunter Homes Pty Ltd v
Layzell [2023] NSWCATAP
209
APPEALS - Appeal on question of law - scope of question of
law
APPEALS - leave to appeal - principles governing
BUILDING AND CONSTRUCTION - Home Building
Act 1989 (NSW) - building dispute - whether the builder was
entitled to terminate the contract by reason the failure of the
owner to provide information within the specified time.
CONTRACTS - construction - interpretation - standard form contract
to which terms have been added - greater weight given to added
terms in event of inconsistency.
CONTRACTS - construction - interpretation - where waiver must be in
writing
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules (NSW); Home Building Act 1989
(NSW).
Iftikhar v Rockwall Homes Pty
Ltd [2023] NSWCATCD
44
BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) -
defective building work - work order or money order - assessment of
damages.
PRACTICE AND PROCEDURE - transfer of proceedings to Court -
extension of time for lodgement of documents.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act
1989 (NSW).
Oxford (NSW) Pty Ltd v KR Properties
Global Pty Ltd trading as AK Properties Group ABN 62 971 068 965
(No 3) [2023] NSWSC
881
JUDGMENTS AND ORDERS - interest - award of as damages -
Hungerfords interest damages - Where breach of duty under Design
and Building Practitioners Act 2020 admitted in relation to two
defects - where such breaches caused delay in registration of
strata plan and thus delay in sales of units.
CIVIL PROCEDURE - where issue raised by plaintiffs not dealt with
in principal judgment.
Design and Building Practitioners Act 2020 (NSW).
The Owners - Strata Plan No. 91016 v
Upright Builders Pty Ltd (No 2) [2023] NSWSC
867
CIVIL PROCEDURE - separate determination of questions -
whether the Encroachment of Buildings Act 1922 (NSW) applies to the
encroachment onto public road - where adjacent owner is the
relevant road authority
Conveyancing Act 1919 (NSW); Design and Building Practitioners Act
2020 (NSW); Encroachment of Buildings Act 1922 (NSW); Home Building
Act 1989 (NSW); Local Government Act 1919 (NSW); Local Government
Act 1993 (NSW); Public Roads Act 1902 (NSW); Real Property Act 1900
(NSW); Roads Act 1993 (NSW).
Rehman v F&F Smart Homes Pty Ltd
(costs) [2023] NSWCATCD
56
COSTS - Unreasonable refusal of settlement offer - failure
to mitigate loss - costs not proportionate
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989
(NSW); Uniform Civil Procedure Rules 2005 (NSW).
Legislation
NSW Legislation
Residential Tenancies Amendment (Rental Fairness)
Act 2023 No 9 (2023-409) - published LW 28 July 2023.
Statute Law (Miscellaneous Provisions) Act 2023 No
7 - Assented to 03 July 2023
Regulations and other miscellaneous instruments
Fisheries Management Amendment (Threatened Species
Conservation) Order 2023 (2023-398) - published LW 19 July
2023.
Education and Care Services National Further
Amendment Regulations 2023 (2023-399) - published LW 21 July
2023.
Inclosed Lands Protection Regulation 2023
(2023-400) - published LW 21 July 2023.
Subordinate Legislation (Postponement of Repeal)
Order 2023 (2023-410) - published LW 28 July 2023.
Environmental Planning Instruments
Bega Valley Local Environmental Plan 2013
(Amendment No 41) (2023-401) - published LW 21 July 2023.
Bellingen Local Environmental Plan 2010 (Amendment
No 17) (2023-411) - published LW 28 July 2023
Canterbury-Bankstown Local Environmental Plan 2023
(Amendment No 1) (2023-412) - published LW 28 July 2023.
Central Coast Local Environmental Plan 2022
(Amendment No 3) (2023-402) - published LW 21 July 2023.
Central Coast Local Environmental Plan 2022 (Map
Amendment No 4) (2023-403) - published LW 21 July 2023.
Coolamon Local Environmental Plan 2011 (Amendment
No 5) (2023-413) - published LW 28 July 2023.
Fairfield Local Environmental Plan 2013 (Amendment
No 47) (2023-414) - published LW 28 July 2023.
Great Lakes Local Environmental Plan 2014 (Map
Amendment No 6) (2023-415) - published LW 28 July 2023.
Hawkesbury Local Environmental Plan 2012 (Amendment
No 32) (2023-404) - published LW 21 July 2023.
Inner West Local Environmental Plan 2022 (Amendment
No 5) (2023-416) - published LW 28 July 2023.
Lake Macquarie Local Environmental Plan 2014
(Amendment No 49) (2023-417) - published LW 28 July 2023.
Lismore Local Environmental Plan 2012 (Amendment No
53) (2023-418) - published LW 28 July 2023.
Nambucca Local Environmental Plan 2010 (Amendment
No 31) (2023-419) - published LW 28 July 2023.
Orange Local Environmental Plan 2011 (Map Amendment
No 7) (2023-405) - published LW 21 July 2023.
Parramatta Local Environmental Plan 2023 (Map
Amendment No 2) (2023-420) - published LW 28 July 2023.
Penrith Local Environmental Plan 2010 (Map
Amendment No 2) (2023-406) - published LW 21 July 2023.
Queanbeyan-Palerang Regional Local Environmental
Plan 2022 (Map Amendment No 3) (2023-407) - published LW 21
July 2023.
Sydney Local Environmental Plan Amendment
(Sustainable Buildings) 2023 (2023-421) - published LW 28 July
2023.
Waverley Local Environmental Plan 2012 (Map
Amendment No 2) (2023-422) - published LW 28 July 2023.
Wentworth Local Environmental Plan 2011 (Amendment
No 21) (2023-408) - published LW 21 July 2023
Wollondilly Local Environmental Plan 2011 (Map
Amendment No 8) (2023-423) - published LW 28 July 2023.
Woollahra Local Environmental Plan 2014 (Amendment
No 29) (2023-424) - published LW 28 July 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.