In the media
NSW Fair Trading and the Australian Border Force bring
the hammer down on the home building industry
NSW Fair Trading, alongside Australian Border Force (ABF),
has completed a highly coordinated and unannounced one-day
operation targeting illegal practices on residential building
projects. Several groups, made up of officers from both agencies,
visited 26 North-West Sydney construction sites as part of
'Operation Hammer'. This is part of Fair Trading's
ongoing investigation of unlawful non-citizens working in the NSW
home building industry (23 October 2023). Read more
here.
Is the sea of dark roofs raising the heat in
Australia's new suburbs?
While darker roofing has a role in raising the energy
efficiency rating of a home, the collective mass is enough to turn
a 40 degree Celsius summer's day into a neighbourhood 45C
swelter. Architectural scientist Mahsan Sadeghi from the
CSIRO's energy business unit says high-density housing is
amplifying adverse climatic effects on a city-wide scale with
"the prevalence of dark construction materials ha[ving] a
substantial impact on the ambient temperature within these urban
environments". In contrast, cool roofs can decrease the peak
ambient temperate from between 1.1 to 1.4C (21 October 2023). Read
more
here.
Refugee women learn construction skills at TAFE NSW to
forge new careers and lives
In August 2023, there were 162,470 women employed in the
construction industry across Australia, making up 12.4 per cent of
the workforce, according to Master Builders Australia. There are
also 11,000 migrant and refugee women living in Newcastle and the
Central Coast. Professor Egbelakin of the University of Newcastle
has teamed up with TAFE NSW to launch a training program to help
local migrant and refugee women enter the workforce and break into
the construction industry and gain a Certificate II in Construction
(18 October 2023). Read more
here.
Sydney developer Jean Nassif drops appeal against
10-year building licence suspension
Embattled Sydney property developer Jean Nassif has
withdrawn a legal challenge against a decision to suspend his
building licence for a decade. In December, NSW Fair Trading
suspended Mr Nassif's building licence for 10 years and
permanently revoked his company Toplace's licence, after
finding them guilty of improper conduct. The bans were imposed
following an investigation by Fair Trading, which alleged it had
found more than 40 defects in residential developments constructed
by Toplace (16 October 2023). Read more
here.
The National Housing Conference has wrapped. Here is a
summary of the possible solutions
The three-day National Housing Conference in Brisbane
ended with five possible solutions to find a way forward, including
fast-tracking prefabricated home schemes and getting super funds to
build 'rent-to-buy' high rises (13 October 2023). Read more
here.
In practice and court
AAT Bulletin Issue No. 21/2023
The AAT Bulletin is a fortnightly publication containing
information about recently published decisions and appeals against
decisions in the AAT's General, Freedom of Information,
National Disability Insurance Scheme, Security, Small Business
Taxation, Taxation & Commercial and Veterans' Appeals
Divisions (23 October 2023). Read more
here.
Strata Legislation Amendment Bill 2023
The Strata Legislation Amendment Bill was passed in the
Lower House on Thursday, 19 October 2023. This Bill
seeks to amend the Strata Schemes Development Act 2015 and
the Strata Schemes Management Act 2015. It will also make
amendments to the Community Land Development Act 2021, the
Community Land Management Act 2021 and regulations made
under each once passed through both Houses (19 October 2023). View
the Bill and Explanatory Note
here.
Publications
Granny Flat Report October 2023 following national
housing crisis summit
Following the national housing crisis summit, new analysis
by Archistar, Blackfort and CoreLogic have found more than 650,000
residential properties in Australia's three biggest cities with
the potential to build granny flats. The Granny Flat Report 2023
concludes that there is untapped potential to boost housing supply
(October 2023). Read media article
here. Read the report
here.
National Construction Code (NCC) – Thermal
bridging in residential buildings resource
The NCC has published a Therman bridging in residential
buildings resource which provides information about Performance
Requirements and Deemed-To-Satisfy solutions regarding thermal
bridging in Class 1 buildings (houses) and Class 2 buildings
(apartment and common areas). It contains links to case studies
showing the impact of thermal bridging in various types of
commercial buildings using different materials (12 October 2023).
Read more
here.
Cases
Ikona
Developments Pty Ltd v Tierney [2023] NSWCATAP 281
APPEALS – questions of law – procedural fairness.
APPEALS – measure of damages – fresh evidence.
Civil and Administrative Tribunal Act 2013 (NSW), s 36, 80, 81;
Home Building Act 1989 (NSW), ss 18B, 48A.
Construction
Development Management Services Pty Ltd v City of Sydney
[2023] NSWLEC 1020
DEVELOPMENT APPLICATION – residential apartment development
– residential flat building in SP5 Metropolitan zone –
whether apartment design guide is mandatory – whether
proposed development exhibits design excellence – Apartment Design Guide
– whether public domain interface acceptable.
Architects Act 2003; Environmental Planning and Assessment Act
1979, ss 4.16, 8.7; Environmental Planning and Assessment
Regulation 2021, ss 3, 29; Heritage Act 1977, s 140; State
Environmental Planning Policy (Building Sustainability Index:
BASIX) 2004; State Environmental Planning Policy (Housing) 2021;
State Environmental Planning Policy (Sustainable Buildings) 2022,
ss 4.1, 4.2; State Environmental Planning Policy No. 65 –
Design Quality of Residential Apartment Development, cll 28, 30,
Sch 1; Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 5.10,
5.21, 6.4, 6.16, 6.21, 6.21A, 6.21B, 6.21C, 6.21D, 6.21E, 7.13,
7.14, Sch 5.
In
the matter of The Gosford Pty Ltd (Receivers and Managers
Appointed) [2023] NSWSC 1232
CORPORATIONS – receivers and managers – company entered
into contracts with numerous purchasers for sale off the plan of
lots in a mixed residential and commercial development being
undertaken by the company – purchasers paid deposits to
stakeholder – secured creditor appointed receiver and manager
to company's assets, including the land – appointor later
sold the partly-developed land as mortgagee in possession –
company thereby became unable to complete contracts with purchasers
– direction that receiver is justified in causing the company
to direct the stakeholder to release the deposits to the
purchasers.
Conveyancing Act 1919 (NSW), s 66ZT; Corporations Act 2001 (Cth), s
424; Property and Stock Agents Act 2002 (NSW), s 86.
Jiang
v Sui [2023] NSWCATCD 127
LAND LAW – Strata Title – By-laws – noise –
installation of floating floor – interference with the
peaceful enjoyment of the owner or occupier of another lot –
amendment of by-law after installation of floating floor –
By-law as amended requiring compliance with particular standard
– whether by-law as amended applies to pre-existing
floor.
Strata Schemes Management Act 2015 (NSW).
Pearce
v Commissioner for Fair Trading [2023] NSWCATOD 149
ADMINISTRATIVE REVIEW – disciplinary action – licencing
– criminal offences – failure to disclose all past
offence – assault on neighbour while performing building
works – whether guilty of improper conduct - whether a fit
and proper person.
Administrative Decisions Review Act 1997; Civil and Administrative
Tribunal Act 2013; Home Building Act 1989.
Stewart v Scott [2023] NSWCATAP 279
ADMINISTRATIVE LAW – particular administrative bodies –
NSW Civil and Administrative Tribunal – renewal of
proceedings in the Consumer and Commercial Division – Civil
and Administrative Tribunal Act 2013 (NSW) Schedule 4 clause 8
– restriction on renewal application if the order not
complied with "is or has been the subject of an internal
appeal" – restriction does not apply where order not
varied on internal appeal.
Civil and Administrative Tribunal Act 2013 (NSW) Sch 4 cl 8(5);
Civil and Administrative Tribunal Amendment Act 2013 (NSW); Civil
and Administrative Tribunal Rules 2014, (NSW); Consumer Trader and
Tenancy Tribunal Act 2001 (NSW); Fair Trading Act 1987 (NSW); Home
Building Act 1989 (NSW); Strata Schemes Management Act 2015
(NSW).
Legislation
Assented to
Environmental Planning and Assessment Amendment (Housing and
Productivity Contributions) Act 2023 No 10 – commenced 1
October 2023
Regulations and miscellaneous instruments
Border
Fence Maintenance Amendment Regulation 2023 (SI 563) – LW
13 October 2023
Conveyancing
(General) Amendment (Miscellaneous) Regulation 2023 (2023-564)
– LW 13 October 2023
Environmental
Planning and Assessment Legislation Amendment (Housing and
Productivity Contributions) Regulation 2023 (2023-547) –
LW 29 September 2023
Protection
of the Environment Operations Legislation Amendment (Miscellaneous)
Regulation 2023 (2023-51) – LW 17 February 2023
Bills introduced by Government
Building Legislation Amendment Bill 2023 – introduced LC
12 October 2023
Strata Legislation Amendment Bill 2023 – introduced LC 12
October 2023
Climate Change (Net Zero Future) Bill 2023 – introduced
LC 12 October 2023
Strata Legislation Amendment Bill 2023 – introduced LC 12
October 2023
Passed by both Houses
Work Health and Safety Amendment Bill 2023 – passed 12
October 2023
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