In the media
Vulnerable people living in Sydney boarding houses face
eviction to make way for luxury apartments
More than 30 vulnerable residents of a boarding house in
inner Sydney are facing possible homelessness after a developer
purchased the property. Thousands of people living in similar
boarding houses in Sydney are at risk, afforded "flimsy"
protection from rental increases or eviction. The development has
been rejected by the City of Sydney Council and is heading to court
in a landmark case which will test if boarding houses are
protected. Read more here.
NSW builder NEX wants $1.3b Stockland-Lendlease to go
ahead
NEX Building Group, the largest residential builder in
NSW, has urged the competition regulator to approve Stockland's
purchase of a $1.3 billion housing estate portfolio from Lendlease,
saying delays in the deal announced last year were keeping
much-needed land out of the housing market. The deal does not only
affect the country's ability to work through its increasingly
difficult 1.2 million new home target. It's a crucial part of
Lendlease's efforts to shed underperforming divisions and
return $4.5 billion to shareholders. Read more here.
NSW government to establish task force to look into real
estate agents underquoting of properties
The practice of underquoting is on the rise in NSW, with
over 100 complaints so far this year. A buyer's agent has
called for a royal commission, but real estate industry body says
most agents are not "deliberately underquoting". NSW
Premier Chris Minns said the government was establishing a task
force to crack down on offences in the property sector, including
underquoting. Read more here.
Priced out of home ownership, could an entire generation
be stuck renting forever?
According to the Grattan Institute, until the late 1990s
house prices broadly tracked income growth. But between 1992 and
2018 house prices grew at almost three times the pace. It is
predicted home ownership rates for people aged over 65 will have
fallen from around 80 per cent today to 65 per cent by 2056.
Without home ownership, younger Australians will face tough times
in retirement. Read more here.
Next step complete for Australia's largest social
housing build
Following a tender process, the NSW Government has
selected Stockland, Link Wentworth Housing, City West Housing, and
Birribee as the preferred partners to build homes and lead the
Waterloo renewal. Waterloo Estate is one of the largest social
housing estates in the country, it will be renewed in stages,
starting with Waterloo South where 750 older public housing
properties with be replaced with new, well-designed and
fit-for-purpose homes. Read more here.
Western Sydney First Home Buyers big winners in expanded
program
Thousands of first home buyers are building a future in
Western Sydney with help from the Minns Government's expanded
First Home Buyers Assistance program. From Camden to Penrith, The
Hills, Parramatta, Bankstown and Liverpool, first home buyers
across Western Sydney have saved an average of $20,562.In the
middle of a housing crisis, the First Home Buyers Assistance
program is one of the Minns Government's biggest cost of living
relief measures, providing meaningful support to help tens of
thousands of people to buy their first home. Read more here.
NSW Government drives innovation utilising 3D printing
to deliver much needed social housing
The Minns Labor Government is pursuing innovative
solutions to address the housing and homelessness crisis with the
use of 3D printing to deliver more housing. This groundbreaking
method of construction aims to reduce costs and cut construction
time by 50 percent and will be used to build the first social
housing property of this type in New South Wales. 3D printing
produces significantly less waste, and the concrete mix uses
eco-friendly, high-recycled materials to produce robust and
energy-efficient homes with substantially reduced life cycle
maintenance costs. Read more here.
New laws introduced to improve strata living
New laws designed to take immediate action to help restore
confidence in living and investing in strata schemes are now before
the NSW parliament. The reforms which impose higher penalties and
greater disclosure obligations on strata managing agents are aimed
at ending secret kickbacks on insurance policies and weeding out
bad players. Strata laws put owners' corporations in charge of
making key decisions on the buildings and common property of
townhouses and apartments, usually with the assistance of a strata
managing agent. Read more here.
Cases
MOSM Pty Ltd v M & N Joinery Pty Ltd
[2024] NSWCATCD 24
BUILDING AND CONSTRUCTION – incomplete and defective work
– assessment of damages and costs – application of
established principles
Civil and
Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW);
Home
Building Act 1989 (NSW)
Petrie v Dickson [2024] NSWSC
972
LAND LAW – easements – purported easement for use of
servient land "for garden use", including planting and
landscaping, and construction of garden shed for storage –
interpretation – whether use of shed for storage limited to
gardening items – whether grant allowed for common use by
servient owner – "reasonable use" – validity
– whether grant capable of forming subject matter of easement
– "ouster principle" – effect on servient
area and servient lot as a whole – grant invalid as an
easement
Conveyancing Act 1919; Law of Property Act 1925
(UK)
The Owners – Strata Plan No. 82089 v Omaya
Holding Pty Ltd [2024] NSWSC 992
CIVIL PROCEDURE – application for summary dismissal or strike
out of pleadings – leave sought to withdraw alleged
admissions in list response – where alleged admissions arise
in part from obvious error in list response – court's
power to make amendment to facilitate just, quick and cheap
resolution of real issues in dispute – finding that alleged
admissions not truly admissions – General Steel test not met
– no summary dismissal – finding that part of pleadings
embarrassing and liable to be struck out
Civil Liability Act 2000 (NSW) s 34(2); Civil
Procedure Act 2005 (NSW) ss 56(1), 56(2), 57, 58, 64; Design and Building Practitioners Act 2020
(NSW) s 37(1); Home Building Act 1989 (NSW) ss 3A, 18B, 18D; Strata Schemes Management Act 2015 (NSW); Uniform Civil
Procedure Rules 2005 (NSW) rr 12.6, 13.4, 14.28
Lo v Aree [2024] NSWCATAP 159
LAND LAW – strata title – by-laws – inadequate
floor covering – noise transmission – construction of
by law
Civil and
Administrative Tribunal Act 2013 (NSW); Protection of
the; Environment Operations (Noise Control) Regulation 2017
(NSW); Strata Schemes Management Act 2015 (NSW)
Nimmons v The Owners Strata Plan No 10441
[2024] NSWCATAP 157
APPEALS – constructive failure to exercise jurisdiction
– appeal allowed; APPEALS – leave to appeal –
principles governing – leave to appeal refused; LAND LAW
– strata title – whether a quarantine order should be
made – Quarantine order made
Civil and
Administrative Tribunal Act 2013 (NSW), ss 36, 60, 80, 81, Sch 4, cl 12; Civil and Administrative Tribunal Rules 2014,
rr 25, 38, 38A; Strata Schemes Management Act 2015 (NSW), ss 104, 106, 232
Hiperia Holdings Pty Limited v Sghabi; Sghabi v
Hiperia Holdings Pty Limited [2024] NSWCATAP 152
COSTS – Costs of Appeal and Tribunal proceedings –
proportionate costs where mixed success on different issues –
Calderbank offer – whether genuine offer of compromise
– whether unreasonable to refuse Calderbank offer
Civil and
Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Home Building
Act 1989 (NSW)
Raysons Constructions Pty Limited v The Owners
– Strata Plan No 87003 [2024] NSWCATAP 156
COSTS – Calderbank letter – whether offer an adequate
compromise – whether offeree not acting unreasonably in
rejecting offer
Civil and
Administrative Tribunal Act 2013 NSW; Home Building
Act 1989 NSW
Ilhan v Easy Automatic Gate Pty Ltd
[2024] NSWCATAP 150
APPEALS – constructive failure to exercise jurisdiction
– no material error of law – appeal dismissed; APPEALS
– leave to appeal – principles governing – leave
to appeal refused; APPEALS – procedural fairness –
failure of the builder to strictly comply with procedural orders
– appeal dismissed; BUILDING AND CONSTRUCTION – Home Building
Act 1989 (NSW) – building dispute – where breach of
statutory warranties by the builder not established
Civil and
Administrative Tribunal Act 2013 (NSW), ss 36, 80, 81, Sch 4, cl 12; Civil and Administrative Tribunal Rules 2014,
rr 25, 38A; Home Building Act 1989 (NSW), ss 4, 7AAA, 10, 18B
Hassanain v Commissioner for Fair Trading
[2024] NSWCATAD 220
ADMINISTRATIVE LAW – Home building – application for
individual contractor licence – application of Instrument
– experience requirements – employee.
Administrative Decisions Review Act 1997 (NSW);
Civil and
Administrative Tribunal Act 2013 (NSW); Home Building
Act 1989; Licensing and Registration (Uniform Procedures) Act
2002 (NSW)
Marino v
Building Commission NSW, Department of Customer Service (No 2)
[2024] NSWCATOD 123
COSTS – administrative review – costs – special
circumstances – late and unsuccessful ground of fitness and
propriety.
Civil and Administrative Tribunal Act 2016
Carbone v Fowler Homes Pty Ltd; Carbone v
Fowler Homes Pty Ltd [2024] NSWCA 192
CONTRACT – contracts for residential building work –
trial of claims for damages following dispute between owners and
builder resolved by work being completed by builder – whether
pleaded case extended to claim for damages for breach of contract,
as opposed to deceit and statutory unconscionability –
whether trial conducted on basis which departed from pleadings
– whether primary judge erred in excluding valuation evidence
and concluding no evidence of loss – effect of owners'
delayed payment of progress claims on their claims for damages
– calculation of damages.
Australian
Consumer Law, ss 20, 21 and 236; Civil Procedure Act 2005 (NSW), s 56; Civil Procedure Act 2005 (NSW) ss 149A, 149B and 149E; Contracts Review Act 1980 (NSW), s 9; District Court Act 1973 (NSW), s 127; Evidence Act 1995 (NSW), s 140; Home Building Act 1989 (NSW), s 18G; Judiciary Act 1903 (Cth), s 44; Real Property Act 1900 (NSW); Supreme Court
Act 1970 (NSW), ss 68, 75A; Trade Practices Act 1974 (Cth), s 82; Uniform Civil Procedure Rules 2005 (NSW), rr 14.14, 28.2 and 51.40
Legislation
Assented to
Statute Law (Miscellaneous Provisions) Act 2024 No 47 – commenced 21 August 2024
Regulations and miscellaneous instruments
Property and Stock Agents Regulation 2022 (NSW) – legislation updated on 9 August 2024
Strata Managing Agents Legislation Amendment Bill 2024 – LA, Awaiting 2R Debate, 14 August 2024
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 – LC, Awaiting Assent, 14 August 2024
Environmental Planning and Assessment Amendment (Affordable Housing) Bill 2024 – LA, 2R Debate, in progress, 15 August 2024
Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024 – LC, Referred to committee for inquiry and report, 15 August 2024
Regional Development Amendment Bill 2024 – LC, 2R Speech, 15 August 2024
Bill introduced by Government
Strata Managing Agents Legislation Amendment Bill 2024 – Introduced LA 14 August 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.