In the media
Residents to cop brunt of NSW development sting
A new tax on developments will help the NSW government to
maintain a social licence to increase density in infill areas. But
it is owners and renters who will wear the cost (6 July 2023). Read
more
here.
Commencements of detached houses continue to decline
into 2023
"Australia commenced 26,265 new houses in the first
quarter of 2023, down by 16.4 per cent on the same quarter last
year and 39.1 per cent fewer houses commenced than during the peak
in the June Quarter 2021," stated HIA Senior Economist, Tom
Devitt (12 July 2023). Read more
here.
New digital tool to help home buyers access government
support
Whether it is a growing family buying a cosy abode in
Parkes or a young professional looking to purchase their first home
in Campbelltown, house hunters are set to save time and money with
the launch of the new online Home Buyer Assistance Finder (15 July
2023). Read more
here.
New Rental Commissioner to give renters a voice
NSW renters will soon have a strong voice to government
with the announcement today that sector leader Trina Jones will be
the first NSW Rental Commissioner (11 July 2023). Read more
here.
Turning to data-driven decision-making in the
construction industry
Technology is constantly evolving and integrating into
different industries. These innovations bring new hardware and
software, allowing organisations to complete their operations more
efficiently. One industry where technology has found solid footing
is the construction sector (16 July 2023). Read more
here.
Turning the housing crisis around: how a circular
economy can give us affordable, sustainable homes
Households across Australia are struggling with soaring
energy and housing costs and a lack of housing options. Mixed with
a climate crisis, economic volatility and social inequality,
it's a potent set of policy problems. Australia needs a
circuit-breaker – a bold national project to tackle the
climate crisis and support households by shifting to a more
sustainable housing industry (12 July 2023). Read more
here.
NSW government introduces Connecting with Country
Framework
The New South Wales government has finalized its
Connecting with Country Framework, which provides guidance for
designers, planners and governments on how to respond to Country
and empower Aboriginal voices in the design process (6 July 2023).
Read more
here.
In practice
Australian Bureau of Statistics: Building Activity
Australia
ABS has released its statistics on estimates of value of
building work and the number of dwellings commenced, completed,
under construction and in the pipeline for the quarter ending March
2023 (12 July 2023). Read more
here.
Decisions reserved as at 14 July 2023
The Court of Appeal maintains a list of matters before the
Court for which judgement is reserved (14 July 2023). Read more
here.
Published
Housing Industry Association: Variations to the Scope of
Works
Variations end up being one of the most common causes of
disputes between owners and builders. The building legislation has
strict rules for variations to domestic building contracts. The
golden rule is that all variations and changes to the contract need
to be in writing and agreed between the parties. This includes
those changes requested by the client (26 June 2023). Read more
here.
Cases
Beechwood Homes (NSW) Pty Ltd v Hassos
[2023] NSWCATAP 184
APPEALS – Building and construction – Home
Building Act 1989 (NSW) – contract – damages –
loss of ability to rent dwelling – loss of profit –
Principles applicable to assessment of damages.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989
(NSW).
Ur Rehman v Commissioner for Fair Trading
[2023] NSWCATOD 102
ADMINISTRATIVE LAW – OCCUPATIONS – Home
Building – Contractor licence – supervisor certificate
– real Estate – Class 1 Licence – Assistant Agent
certificate – improper conduct – fit and proper person
– disciplinary action – imposition of penalties –
cancellation – disqualification.
Administrative Decisions Review Act 1997; Civil and Administrative
Tribunal Act 2013; Crimes Act 1900; Home Building Act 1989; Home
Building Regulation 2014; Licensing and Registration (Uniform
Procedures) Act 2002; Property and Stock Agents Act 2002.
Makkar v Solar Power Nation Pty Ltd
[2023] NSWCATAP 187
APPEALS – new evidence not allowed as reasonably
available at time of hearing – expert evidence –
tradesman's report containing bare assertion to be given no
weight – leave to appeal refused.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act
1987 (NSW).
Nassif v Commissioner of Fair Trading; Toplace Pty Ltd
v Commissioner of Fair Trading (No 2) [2023]
NSWCATOD 98
ADMINISTRATIVE LAW – review of decision by external
decision-maker – decision to cancel contractor licence and
disqualify a licence holder pursuant to the Home Building Act 1989
(NSW).
PRACTICE AND PROCEDURE – interlocutory order – revoking
stay order.
Administrative Appeals Tribunal Act 1975 (Cth); Administrative
Decisions Review Act 1997 (NSW); Crimes Act 1900 (NSW); Home
Building Act 1989 (NSW); Licensing and Registration (Uniform
Procedures) Act 2002 (NSW).
Sunshine East Pty Ltd v CBEM Holdings Pty
Ltd [2023] NSWSC
744
APPEALS – procedure – leave to appeal against
summary judgment of District Court Registrar –
plaintiff/judgment debtor ordered to pay unanswered progress claim
for building works undertaken by defendant/judgment creditor
pursuant to s 15 of the Building and Construction Industry Security
of Payment Act 1999 (NSW) – where summary judgment entered
against plaintiff/judgment debtor due to absence of triable
defence.
CONTRACTS – parties – agency – whether second
plaintiff entered into contract with defendant for building works
– where corporate agent empowered to enter into trade
contracts on behalf of second plaintiff with prior approval –
where no evidence that second plaintiff did not give prior approval
in circumstances from which approval could be inferred –
corporate agent acted with express actual authority to bind second
plaintiff – no triable issue that second plaintiff was not a
party to the contract.
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW)
– where defendant/judgment creditor was uninsured
– statutory prevention to recover costs of work for failing
to insure under s 94(1) not applicable to parts of the work that
are not "residential building work" under the Act –
where defendant/judgment creditor was unlicensed – where
statutory consequences of being unlicensed do not include loss of
entitlement to progress payments under s 15 of the Security of
Payment Act – no triable issues arise due to the
defendant/judgment creditor being uninsured or unlicensed.
Building and Construction Industry Security of Payment Act 1999
(NSW); District Court Act 1973 (NSW); Home Building Act 1973 (NSW)
and Supreme Court Act 1970 (NSW).
Drummond v Gordian Runoff Ltd (No 2) [2023] NSWSC
731
PRECEDENT – whether NCAT decisions binding on
tribunal – whether District Court judgements binding on NCAT
– principles at [21] – neither binding but legally
persuasive.
COSTS – plaintiffs sue insurer for $215,000 in NCAT –
case turns on legal issue already determined by NCAT and District
Court in insurer's favour – insurer makes Calderbank
offer when serving defence – $10,000 inclusive
– insurer does not refer to NCAT and District Court decisions
– no evidence plaintiffs aware of these decisions –
rejection of offer not unreasonable in circumstances.
COSTS – offer of compromise – 'walk away'
– proceedings on foot for a year – legal issues fully
ventilated – application of Regency Media considered
at [28]-[31].
Uniform Civil Procedures Rules rr 20.26, 42.14
Legislation
NSW Legislation
Regulations and other miscellaneous instruments
Water
Management (Application of Act to Bega River Area Coastal
Floodplain Alluvial Groundwater Source) Proclamation 2023
– published LW 4 July 2023.
Water
Management (Application of Act to Greater Metropolitan Region
Groundwater Sources) Proclamation 2023 – published LW 4
July 2023.
Water
Management (Application of Act to Towamba River Coastal Floodplain
Alluvial Groundwater Source) Proclamation 2023 –
published LW 4 July 2023.
Water
Management (Application of Act to Tweed River Area Coastal
Floodplain Alluvial Groundwater Source) Proclamation 2023
– published LW 4 July 2023.
Justice
Legislation Amendment (Fees) Regulation 2023 – published
LW 7 July 2023.
Environmental Planning Instruments
Camden
Local Environmental Plan 2010 (Amendment No 52) –
published LW 7 July 2023.
Canterbury-Bankstown
Local Environmental Plan 2023 (Map Amendment No 1) –
published LW 7 July 2023.
Hawkesbury
Local Environmental Plan 2012 (Map Amendment No 4) –
published LW 7 July 2023.
Lismore
Local Environmental Plan 2012 (Map Amendment No 6) –
published LW 7 July 2023.
Maitland
Local Environmental Plan 2011 (Amendment No 35) –
published LW 7 July 2023.
Orange
Local Environmental Plan 2011 (Amendment No 35) –
published LW 7 July 2023.
Orange
Local Environmental Plan 2011 (Map Amendment No 6) –
published LW 7 July 2023.
Penrith
Local Environmental Plan 2010 (Map Amendment No 3) –
published LW 7 July 2023.
Wingecarribee
Local Environmental Plan 2010 (Map Amendment No 7) –
published LW 7 July 2023
Wollondilly
Local Environmental Plan 2011 (Amendment No 44) –
published LW 7 July 2023.
Woollahra
Local Environmental Plan 2014 (Amendment No 31) –
published LW 7 July 2023.
Byron
Local Environmental Plan 2014 (Amendment No 38) –
published LW 14 July 2023.
North
Sydney Local Environmental Plan 2013 (Map Amendment No 2)
– published LW 14 July 2023.
Sydney
Local Environmental Plan 2012 (Amendment No 92) –
published LW 14 July 2023.
Woollahra
Local Environmental Plan 2014 (Amendment No 33) –
published LW 14 July 2023.
Bills assented to
Parliamentary
Remuneration Amendment Act 2023 No 6 – Assented to 3 July
2023.
Statute
Law (Miscellaneous Provisions) Act 2023 No 7 – Assented
to 3 July 2023.
Statutory
and Other Offices Remuneration Amendment Act 2023 No 8 –
Assented to 3 July 2023.
Residential
Tenancies Amendment (Rental Fairness) Act 2023 No 9 –
Assented to 3 July 2023.
Environmental
Planning and Assessment Amendment (Housing and Productivity
Contributions) Act 2023 No 10 – Assented to 13 July
2023.
Crimes
Legislation Amendment (Assaults on Retail Workers) Act 2023 No
11 – Assented to 13 July 2023.
Criminal
Legislation Amendment (Knife Crimes) Act 2023 No 12 –
Assented to 13 July 2023.
Law
Enforcement (Powers and Responsibilities) Amendment (Digital
Evidence Access Orders) Act 2023 No 13 – Assented to 13
July 2023.
Commonwealth
Act Compilation
National
Housing Finance and Investment Corporation Act 2018 No 65
– Registered 13 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.