In the media
Development is booming in Gosford but is the city ready
for the forecast growth over the next 20 years?
Construction in Sydney's 'satellite' city,
Gosford, is ramping up, but many in the sector are struggling to
keep up. The region has long struggled to develop at a similar pace
to cities such as Wollongong to the south and Newcastle further
north. While the skyline is filled with cranes, work on some
projects remains at a standstill due to structural issues and
voluntary administrations (20 June 2024). Read more here.
Real estate agents weigh profits against prices as
property market finds yet another gear
Property price growth across the country is, again,
shifting up a gear, and it's unclear when the market will cool.
The latest Bureau of Statistics figures show the mean price of
residential dwellings rose by $14,300 to $959,300 in the March
quarter. It means the value of the Australian property market, at
$10.7 trillion, is now three times that of the share market, at
$3.1 trillion (12 June 2024). Read more here.
NSW and Victorian construction regulators unite to build
a better industry and meet housing needs
Building Commission NSW (the Commission) has welcomed the
Victorian Building Authority (VBA) to Sydney to share
nation-leading industry regulation, insights, information, and
innovations during a two-day visit. The Victorian delegation, led
by the Chief Executive Officer and Commissioner of the VBA, Anna
Cronin, discussed how the NSW building industry is regulated
through strong legislative powers to audit the designs and building
work of residential homes, apartments, boarding houses, and aged
care. The Commission also detailed its use of disciplinary action
like Stop Work and Building Work Rectification Orders used to
better protect owners and occupiers from inheriting serious defects
(24 June 2024). Read more here.
Blackwattle Bay to deliver 300 more homes
Sydney's Blackwattle Bay has taken a major step
forward with an Expressions of Interest process opened today,
seeking a development partner to renew a 3.6 hectare parcel of
government-owned land currently home to the Sydney Fish Market. The
NSW Government will also seek to increase the residential housing
on the site to help address the states housing crisis. Previously
the land-use controls were to have roughly 50% commercial and 50%
residential, the new controls will aim to change this to about 30%
commercial and 70% residential, adding approximately 300 additional
homes (23 June 2024). Read more here.
NSW Government reducing the cost of living for land
lease communities
More than 40 thousand people living in residential land
lease communities in NSW will be better off after changes to how
these communities are regulated, making it fairer for residents.
The Minns Labor Government has today passed new laws to fix some of
the biggest and most pressing challenges for these communities,
including changes to fees and charges (21 June 2024). Read more here.
A Budget to deliver more houses and better homes
The 2024-25 NSW Budget delivers a plan to build quality
homes and ease the pressure on renters, home builders and those
living in strata communities with a $55.2 million investment. The
NSW Government has already established Building Commission NSW and
created the Strata and Property Services Commissioner and the NSW
Rental Commissioner. The 2024-25 Budget sees them grow so they can
continue to deliver better outcomes for the people of NSW (18 June
2024). Read more here.
NSW Budget: Social Housing and Homelessness
Investment
The Minns Labor Government is taking an historic step to
build more homes and set the state on a path to end homelessness
with significant investment in new social homes and increased
support for people in crisis. There will be a record $6.6 Billion
Social Housing and Homelessness Investment as Part of Building
Homes for NSW Program (18 June 2024). Read more here.
A budget investment in a fairer and more modern rental
market
The 2024-25 NSW Budget will establish a NSW Rental
Taskforce to help deliver the Minns Labor Government's plan to
build better communities and a fairer rental market. An $8.4
million investment into the work of the Rental Commissioner will
deliver investigators, inspectors and support teams to engage with
renters, target dodgy agents and act on serious breaches of rental
laws (17 June 2024). Read more here.
New homes, closer to jobs and services for essential
workers in Sydney
The Minns Labor Government is investing $450 million to
build new apartments for essential workers including nurses,
paramedics, teachers, allied health care workers, police officers
and fire fighters to rent at a subsidised rate in areas closer to
the city, their jobs and services. Up to four new sites will be
acquired by the NSW Government's residential development arm
Landcom, to build more than 400 new build-to-rent dwellings in the
next three years (16 June 2024). Read more here.
Planning to support the housing construction
industry
The NSW Government is announcing additional measures to
tackle the housing crisis by addressing bottlenecks that are
slowing down the construction of homes in NSW. In a new pilot
project, the NSW Government will explore how it can assist the
construction industry to obtain finance and speed up the delivery
of new homes (15 June 2024). Read more here.
Housing industry calls for overhaul of skilled migration
system
The Housing Industry Association (HIA) has sounded the
alarm over Australia's acute housing shortage, calling for
urgent reforms to the skilled migration system to address critical
labour shortages in the construction sector. According to data from
the Department of Home Affairs, only 1,346 workers in construction
trades have been granted temporary work visas in the nine months to
March 2024, a figure that falls far short of industry demands (17
June 2024). Read more here.
In practice and courts
National Construction Code 2025 Public Comment
Draft
Have your say on proposed changes to the next edition of
the National Construction Code (NCC). Your feedback is invited on
the NCC 2025 Public Comment Draft (PCD) until Monday 1 July 2024.
The NCC is updated every 3 years, based on required regulatory
practices, industry research, public feedback provided and policy
directions from governments to the Australian Building Codes Board
(ABCB) between publishing cycles. Updated content is included in
the Public Comment Draft for consultation. During the NCC Public
Comment Draft consultation process, the ABCB seeks feedback on the
suggested amendments and/or inclusions to the next edition of the
NCC. Read more and access the consultation here.
Published – articles, papers, reports
Building Approvals, Australia – Latest release for
April 2024
The latest release of this report from the Australian
Bureau of Statistics provides the number of dwelling units and
value of buildings approved for the April 2024 period. Access the
report here.
Cases
Morgan v Pitch Perfect Constructions Pty
Ltd [2024] NSWDC 235
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW)
– jurisdiction.
Australian Consumer Law (NSW); Civil and Administrative Tribunal
Act 2013; Civil Procedure Act 2005; Fair Trading Act 1987; Fair
Trading Regulation 2019; Home Building Act 1989; Home Building
Regulations 2004.
Raysons Constructions Pty Ltd v The Owners
Strata Plan No 87003 [2024] NSWCATAP 113
APPEALS – BUILDING AND CONSTRUCTION – statutory
warranties expired – s18E(1)(e) not enlivened – owners
corporation became aware of the defects in 2014 – proceedings
commenced on 29 November 2020 – limitation period expired
– whether jurisdiction to hear and determine the issues
between the parties – mixed question of fact and law –
whether the decision of the Tribunal was against the weight of the
evidence – whether leave to appeal should be granted –
whether the appellant has suffered a substantial miscarriage of
justice.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act
1989 (NSW).
New South Wales Self Insurance Corporation v
Kavanagh [2024] NSWCATAP 109
HOME BUILDING APPLICATION – building claim – appeal
against decision of insurer under building cover contract –
whether policy provision excludes cover – successor in title
– whether successor in title has an interest in the work
– non-completion of work by builder.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act
1989 (NSW); Home Building Amendment (Compensation Reform) Act
2017.
The Owners – Strata Plan No 2661 v
Selkirk [2024] NSWSC 760
LAND LAW – strata title – duties of owners corporation
– duty to maintain and repair common property – claims
for rectification works and damages by lot owner under Strata
Schemes Management Act 2015 (NSW), s 106(5) and 232(1) following
breach of duty – whether entitlement of owners corporation to
apply for orders to inspect and perform works on lot owner's
property an answer to resistance by lot owner to accessing her
property – whether open to owners corporation to rely on
unreasonable conduct by lot owner in failing to mitigate her loss
in partial defence to claim for damages – consideration of
nature of duty owed by owners corporation and statutory right to
damages under s 106
Australian Consumer Law, s 236; Civil and Administrative Tribunal
Act 2013 (NSW), s 83, cl 6(2) of Sch 4; Civil Liability Act 2002
(NSW), Pt 1A, s 5D; Civil Procedure Act 2002 (NSW), s 56; Court
Suppression and Non-publication Orders Act 2010 (NSW); Home
Building Act 1989 (NSW); Legal Profession Uniform Law Australian
Solicitors' Conduct Rules 2015 (NSW), r 5; Residential
Tenancies Act 2010 (NSW), s 52; Safety, Rehabilitation and
Compensation Act 1988 (Cth); Strata Schemes Management Act 1996
(NSW), s 62; Strata Schemes Management Act 2015 (NSW), ss 4, 106,
122, 123, 124, 232; Trade Practices Act 1974 (Cth), ss 82, 87.
Lee v Commissioner for Fair Trading
[2024] NSWCATOD 79
ADMINISTRATIVE LAW – administrative review – occupation
– qualifications and registration – professional
engineer and design practitioner registration – alternative
registration pathway requirements – whether experience is at
least or equivalent to prescribed requirements.
Administrative Decisions Review Act 1997; Building and Development
Certifiers Act 2018; Design and Building Practitioners Act 2020;
Home Building Act 1989
The Owners – Strata Plan No. 94784 v
Mirvac Projects Pty Ltd [2024] NSWSC 741
CIVIL PROCEDURE – guillotine orders – expert reports
served late in face of guillotine order – whether leave to
rely on late served reports should be granted – whether
explanation for delay adequate, comprehensive, and candid.
Design and Building Practitioners Act 2020 (NSW); Home Building Act
1989 (NSW).
Owners SP 54026 v Kastri Aev Pty Ltd
[2024] NSWCATAP 119
REAL PROPERTY – STRATA MANAGEMENT – strict duty of
owners corporation to maintain and repair common property –
lost rent claim arising from alleged breach of duty –
limitation period in Strata Management Act 2015 (NSW) s 106(5) with
(6) – nature of loss – extension of time under Civil
and Administrative Tribunal Act 2013 (NSW) s 41.
Civil and Administrative Tribunal Act 2013 (NSW); Limitation Act
1969 (NSW); Strata Schemes Management Act 2015 (NSW).
Horan v The Owners – Strata Plan No.
68307 [2024] NSWCATAP 118
DAMAGES – assessment under s 106(5) of the Strata Schemes
Management Act 2015 (NSW) – loss of opportunity –
required proof.
ADMINISTRATIVE LAW – challenge on basis of unreasonableness
– when available.
Civil and Administrative Tribunal Act 2013 (NSW) Residential
Tenancies Act 2010 (NSW); Strata Schemes Management Act 2015
(NSW).
Visscher v SafeWork NSW [2024] NSWIRComm
1038
EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations
Commission – Appeals – appeal against decision
dismissing application under s 229 of the Work Health and Safety
Act 2011 for external review of a decision to issue a prohibition
notice – whether leave to appeal should be granted –
whether Commissioner erred in finding that an owner-builder
constructing a dwelling was conducting an "undertaking"
– whether the Commissioner erred in finding the inspector
held the "reasonable belief" required by s 195 of the WHS
Act when issuing the prohibition notice – whether the
Commissioner denied the applicant procedural fairness in not
permitting him to adduce rebuttal evidence – whether the
decision at first was otherwise affected by error.
Industrial Relations Act 1996 ss 187, 188; Work Health and Safety
Act 2011 ss 5, 7, 195, 224, 229.
Craig v Shallita [2024] NSWCATAP
112
LANDLORD and TENANT – RESIDENTIAL TENANCY – no grounds
termination – alleged retaliatory eviction – lack of
utility with tenants' vacation – water usage charges
alleged breach – Residential Tenancies Act 2010 (NSW) ss 33,
85, 115.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW); Residential Tenancies Act 2010 (NSW); Residential Tenancies Regulation 2019 (NSW); Strata Titles Management Act 2015 (NSW).
Manassa v Commissioner for Fair Trading
[2024] NSWCATOD 81
ADMINISTRATIVE LAW – administrative review of decision to
refuse an owner-builder permit for the construction of a dual
occupancy – whether special circumstances exist –
special circumstances found.
Administrative Decisions Review Act 1997; Home Building Act
1989.
Fam v Assassin Pert Control Pty Ltd t/as
Assassin Pest Control [2024] NSWCATAP 106
APPEALS – errors other than questions of law – no
question of principle.
Australian Consumer Law, s 18; Civil and Administrative Tribunal
Act 2013 (NSW), s 80; cl 12 of Sch 4; Civil and Administrative
Tribunal Rules 2014 (NSW), r 35(4)(c); Competition and Consumer Act
2010 (Cth), Sch 2; Home Building Act 1989 (NSW), s 48O; Property
and Stock Agents Act 2002 (NSW), s 52.
Hiperia Holdings Pty Limited v Sghabi;; Sghabi
v Hiperia Holdings Pty Limited [2024] NSWCATAP 105
HOME BUILDING – successor in title engaged contractor to
complete residential building work of another builder – no
liability for contractor where no inference drawn on available
evidence that contractor had installed defective windows – no
breach of statutory warranty where consequential loss arising from
water penetration not caused by contractor's work –
contingency provision allowable in building defects claim.
APPEAL –Error on a question of law in relation to some
findings of defective work – inadequacy of reasons –
substituted findings of Appeal Panel.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014; Home Building Act 1989
(NSW).
Legislation
Bills introduced by Government
National Housing and Homelessness Plan Bill 2024 – 24 June 2024
Bills passed by both Houses of Parliament
Residential (Land Lease) Communities Amendment Bill 2024 – passed by both houses 21 June 2024
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 – introduced and 2R Speech 20 June 2024
Regulations and other miscellaneous instruments
Land Tax Management Regulation 2024 – 7 June 2024
Building, Development and Strata Legislation Amendment Regulation 2024 – published LW 21 June 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.