In this edition, we provide a wrap-up of the latest residential property news in NSW.
Our fortnightly editorials – giving an in-depth analysis of property industry news and key cases – will commence again in February.
In the media
ASIC encourages fair and effective insurance claims
handling for bushfire victims
Australia's corporate regulator is urging insurers and
other key stakeholders to handle claims efficiently and fairly, to
help those impacted by the devastating fires rebuild their lives
(10 January 2020).
More...
Immediate financial support for bushfire affected
communities
The Australian Government will provide an initial and
immediate base payment of $1 million to 42 of the most severely
bushfire impacted councils in New South Wales, Victoria, South
Australia and Queensland to help quickly rebuild vital
infrastructure and strengthen community resilience (09 January
2020).
More...
Construction index hits lowest since 2013
December heralded the 16th consecutive month of
contraction for the Australian Industry Group and HIA Performance
of Construction Index. Australia's construction sector ended
2019 on a low note with deteriorating activity, new orders and
supplier deliveries pushing a key industry index to its lowest mark
since May 2013 (10 January 2020).
More...
High Density Drives Surge in New Home Approvals
Building approvals for November 2019 jumped by more than
10% with increases in apartment approvals driving the surge (08
January 2020).
More...
House prices finish 2019 on a high, as Sydney and
Melbourne lead gains nationally
House prices in most Australian cities finish 2019 on a
high, with national average dwelling prices lifting 1.1 per cent
during December and by 2.3 per cent over the year, according to
CoreLogic (02 January 2020).
More...
MBA: Solid Lending Figures Indicate Brightening Housing
Outlook for 2020
The number of owner occupier loans relating to new homes
reached a 14-month high during October (17 December 2019).
More...
Calls for national reinsurance scheme fall on deaf
ears
The Building Ministers' Forum concluded on Friday with
an agreement to follow up on the professional indemnity insurance
crisis but did not take up the Victorian Government's call for
a national reinsurance scheme (16 December 2019).
More...
$1 billion to rebuild bushfire impacted communities in
NSW
The NSW Government will provide $1 billion over the next
two years to rebuild communities affected by the bushfires. The
additional funding will prioritise the repair and rebuilding of
vital infrastructure, such as roads, rail-lines, bridges, schools,
health facilities and communications facilities, which have been
damaged or destroyed by bushfires. (09 January 2020).
More...
New South Wales isn't building nearly enough houses
for the future
In order to reach the new housing target of 36,000 housing
completions each year, over 60,000 approvals per year are needed to
meet the GSC target. Over the past 12 months, only 50,000 approvals
have been granted and the release consolidates that downward trend
(09 January 2020).
More...
Homeowners in 'disbelief' as drought drives rise
in cracked buildings
The drought is causing a growing number of buildings
across the Hunter to crack, making busy work for tradespeople and
untold expenses for homeowners (06 January 2020).
More...
Opal Tower builder speaks out as residents return home
in time for Christmas
It was last Christmas Eve that the "nightmare"
began for Opal Tower residents. The building was evacuated and they
were forced them into temporary accommodation. This Christmas they
are back home, but they say their "backs are being
scraped" as their battle for compensation looms (19 December
2019).
More...
Published
Building Ministers Forum
The Building Ministers Forum was held in Canberra on 13
December 2019. Discussion included:
- Building Confidence Report National Framework; Coordinated response to Professional Indemnity Insurance
- Aluminium Composite Panels - technical specification proposed; Security of Payment - to apply model parameters; Digital Twins - digital solutions to improve compliance in the building and construction sector; Industry qualifications BMF Communique
Australia Bureau of Statistics
08/01/2020
Building Approvals, Australia, Nov 2019 (cat no. 8731.0)
Practice and courts
RICS Building Confidence Conference 2020
The Building Confidence Conference is RICS' flagship
event that puts a spotlight on the role of Chartered Surveyors,
engineers, architects and contractors in the built environment,
will be held in Sydney, Australia.
More...
ABCB: Registration is open for the 2020 NCC
Seminars!
Next March and April the ABCB will be presenting in a
capital city near you (2020).
More...
NABERSReminder: Auditors, Supervisors, and Trainers
Panel Announced
Congratulations to the new Panel Selection for NABERS
Auditors, Supervisors, and Trainers, for October 2019-October 2022.
More...
Cases
Akbarian v
Stibilj [2020] NSWCATAP 1
– home building – claim for variations on
quantum meruit basis – leave ... and Administrative Tribunal
Rules 2014 (NSW) Home Building Act 1989 (NSW) ... The appeal is
dismissed. Catchwords: APPEAL – home building – claim
for variations on quantum meruit basis – leave ... and
Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989
(NSW) Cases Cited: Beale v Government Insurance ... and therefore
within the time required by the Home Building Act 1989 (NSW)
(HB Act) in s 48K(8)
Al-Shinawa v NSW Fair Trading, Department of Customer
Service [2020] NSWCATOD 1
REVIEW – Home Building – Application for
contractor licence – general building ... Decisions Review
Act 1997 Home Building Act 1989 ... work. ADMINISTRATIVE REVIEW
– Home Building – Application for contractor licence
– general building ... Cited: Administrative Decisions Review
Act 1997 Home Building Act 1989 Cases Cited: Briggs v Commissioner
for Fair ... relevant law governing this application? The Home
Building Act 1989 regulates the residential building industry ...
full-time building experience stipulated in the Home Building Act,
the director of the company, Mr Touma, had refused
Hummingbird
Homes v Light Consultants & Ors [2019]
SADC 178
Contracts - Building, Engineering And Related Contracts -
Performance Of Work - Remedies For Breach Of Contract - Particular
Cases
Torts - Negligence - Essentials Of Action For Negligence - Duty Of
Care - Reasonable Foreseeability Of Damage - Particular Cases
Torts - Negligence - Contributory Negligence - Particular
Cases
Torts - Negligence - Apportionment Of Responsibility And Damages -
Apportionment In Particular Situations And Cases
Khoury v NSW Fair Trading, Department of Customer
Service [2019] NSWCATOD 194
LICENSING – supervisor certificate –
electrical work – whether fit and proper – reformed
applicant – Home Building Act – whether compliance with
tribunal orders – offence of dishonesty within past ten years
– applicant disqualified from holding authority unless
offence to be ignored due to time passed – disclosure on
application form.
Leclere v Commissioner for Fair Trading
[2020] NSWCATAD 15
– decision to grant contractor licence under
Home Building Act 1989 (NSW) – whether applicant is fit and
proper ... (Administration of Sentences) Act 1999 (NSW) Home
Building Act 1989 (NSW) ... Act 1989 (NSW) Home Building Regulation
2014 (NSW) ... – decision to grant contractor licence under
Home Building Act 1989 (NSW) – whether applicant is fit and
proper ... (Administration of Sentences) Act 1999 (NSW) Home
Building Act 1989 (NSW) ... Act 1989 (NSW) Home Building Regulation
2014 (NSW) Cases Cited: Australian Broadcasting ... a contractor
licence. Statutory framework The Home Building Act 1989 (the
Act)
Lilli v Building Professionals Board
[2019] NSWCATOD 193
INTERLOCUTORY ORDER – application for stay
Morrison v
Moss & Anor [2019] NSWDC 746
BUILDING AND CONSTRUCTION – construction works
for residential dwelling – whether practical completion arose
through owner's entry into possession – whether Builders
in breach of implied statutory warranties – whether works
defective or incomplete – whether works 'practically
complete' – whether Builders should be ordered to rectify
defects.
CONTRACT – existence of implied term as to date for
completion of works – whether implied term breached –
whether contract validly terminated – whether terminating
party entitled to exercise express right to terminate if it is
itself in breach.
PRACTICE AND PROCEDURE – referral of issue of costs of
rectification of defective works to referee.
Nutek Constructions Pty Ltd [ACN
603 941 564] v; Slotwinski; Slotwinski v Nutek
Constructions Pty Ltd; [ACN 603 941 564]
[2019] NSWCATAP 303
APPEAL – application for costs –
applicable principles in appeals from decisions of the Consumer and
Commercial Division – costs order made.
Nutek
Constructions Pty Ltd v Juno Australia Pty Ltd
[2019] NSWCATAP 294
ADMINISTRATIVE LAW – administrative tribunals
– Civil and Administrative Tribunal (NSW) – duty to
give reasons for decision – reasons inadequate – appeal
allowed;
COSTS – indemnity costs – no reasons given for award of
indemnity costs – no justification for award of costs on the
indemnity basis
Parsons v Adams [2019] NSWCATAP
301
BUILDING AND CONSTRUCTION — liability of
contractor for breach of statutory warranty under s 18B of the Home
Building Act 1989 (NSW) — scope of s 18F defence to a
contravention of a statutory warranty under s 18B of the Home
Building Act
CONTRACT — ascertaining parties to contract
The Owners
Strata Plan No 92888 v Taylor Construction Group Pty Ltd and
Frasers Putney Pty Ltd [2019] NSWCATCD
63
BUILDING AND CONSTRUCTION-Home Building-compliance
with applicable codes and standards including Building Code of
Australia and Australian Standards-combustible architectural
attachments to external walls of high rise building-breach of
statutory warranty-materials good and suitable for purpose
Legislation
Regulations and other miscellaneous instruments
Order
declaring state of emergency in relation to bushfires (2020-1)
— published LW 2 January 2020
Proclamations commencing Acts
Better
Regulation Legislation Amendment Act 2019 No 23 (2019-623)
— published LW 16 December 2019
Schedule 1 amends the following Acts—(a)Building and
Construction Industry Security of Payment Act 1999 No
46,(b)Building and Development Certifiers Act 2018 No
63,(c)Building Professionals Act 2005 No 115,
Protection
of the Environment Operations Amendment (Asbestos Waste) Act 2018
No 80 (2019-635) — published LW 20 December 2019
For the full text of Bills, and details on the passage of Bills,
see Bills.
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.