In the media
Built environment sector sees record training
levels
According to the latest data from BuildSkills Australia, more
people are studying vocational qualifications in the built
environment than ever before. Established under the Federal
Government's $442 million Jobs and Skills Councils initiative,
BuildSkills Australia is dedicated to developing a strong, skilled
workforce across the construction, property and water industries (2
August 2024). Read more here.
Australia must treat housing as a human right, says
former Victorian Supreme Court judge
In a new book, Housing: The Great Australian Right, Bell says
the values underpinning our modern housing system, where property
is viewed as a commodity and instrument of private gain (where
speculative investment is encouraged), rather than a home and human
right, is a "national disgrace" (4 August 2024). Read
more here.
Residents embrace high-rise living, but supply lagging
as construction costs rise
Approvals for new dwellings in NSW have fallen to a 12-year low but
the state government says it is working to reinvigorate the
construction sector. The government has made changes to the
planning approval process and is aiming to build high-density
housing near transport hubs throughout the state. A former Sydney
councillor says it is crucial that the buildings are high quality
and do not destroy the heritage and vibrancy of communities (2
August 2024). Read more here.
In practice and courts
Delivering a tougher environmental watchdog
The Minns Labor Government promised a tougher
environmental watchdog and is delivering with the NSW Environment
Protection Authority (EPA) taking on 70 prosecutions last financial
year, with a success rate of 97%. As a result, a record $3.6
million in court-imposed fines and penalties were handed down.
Licence breaches were the most common offence, closely followed by
water and land pollution incidents. The Land and Environment Court
of NSW dealt with 62% of prosecutions, with the remaining cases
brought in the Local Court (3 August 2024). Read more here.
NSW to take action this week to appoint independent
administrator for the CFMEU Construction and General
Division
The NSW Government through the Minister for Industrial Relations
has today filed an application in the Industrial Court seeking
orders for the appointment of an administrator for the
Construction, Forestry, Mining and Energy Union (CFMEU) NSW Branch,
Construction and General Division. The NSW Government through the
Minister for Industrial Relations has today filed an application in
the Industrial Court seeking orders for the appointment of an
administrator for the Construction, Forestry, Mining and Energy
Union (CFMEU) NSW Branch, Construction and General Division (5
August 2024). Read more here.
Cases
The Owners Strata Plan No. 94784 v Mirvac
Projects Pty Ltd (No 3) [2024] NSWSC 936
COSTS – party/party – orders against non-parties
– personal costs orders against lawyers – where
plaintiff ordered to pay defendant's costs of plaintiff's
application to rely on evidence served in the face of a guillotine
order – whether plaintiff's solicitor should pay those
costs – whether costs charged to plaintiff should be
disallowed
Civil
Procedure Act 2005 (NSW)
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)
Harrison Inston t/a Ridgeline Roofing Solutions
v Deborah Deitel & Russell Brennan [2024] NSWCATAP
147
CONSUMER LAW – APPEALS – Consumer Law – no error
on a question of law established – whether extension of time
should be granted – whether the appellant has suffered a
substantial miscarriage of justice
Civil and
Administrative Tribunal Act 2013 (NSW) ; Civil and
Administrative Tribunal Rules 2014 ; Fair Trading
Act 1987 (NSW)
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
Alam v Rahman [2024] NSWCATAP
144
APPEALS – BUILDING AND CONSTRUCTION – Home Building Act
1989 (NSW) – s 48K – Jurisdiction of Tribunal to hear
and determine a claim as made – if claim as made over
jurisdictional limit of the Tribunal
Civil and Administrative Tribunal Act 2014 ; Home Building
Act 1989 (NSW), s 48J
Ross v Cochran t/as Cochran Homes [2024]
NSWCATCD 5
CIVIL PROCEDURE – time – extension of time
BUILDING AND CONSTRUCTION – renewal application –
defects claim
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, 18BCommencing 1 July 2024, reforms have been
introduced by the NSW Government to increase permissibility of
housing types on low-rise residential land, in a bid to combat the
state's long-standing housing crisis.
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.