Australia: Residential Focus: Recent media releases, reports, cases and legislation relating to residential property in NSW

Last Updated: 11 April 2019
Article by Christine Jones and Divya Chaddha
Most Read Contributor in Australia, July 2019

In the media

Why developers are delaying or abandoning half the apartments they planned to build
The oversupply of apartments is starting to bite, with 40,000 jobs lost and abandoned projects piling up. But it's likely to get worse before it gets better (21 March 2019).  More... 

New industry body takes steps to make our buildings safer
The Australian Balustrade Association (ABA) has been launched at a time when the construction industry is grappling over issues like the non-compliant use of flammable cladding and the cracking of the Opal Tower apartment block. The main purpose of this new national association is to prevent death or injury due to non-compliant, unsuitable or ageing balustrade installations (20 March 2019).  More...

Two building companies collapse amid national housing downturn
Two South Australian building companies have collapsed, and another is facing court action, as pressure from the national housing downturn continues (13 March 2019).  More... 

The less expensive way to reduce the fire risk of some cladding
It took just 90 minutes for fire to race up 20 storeys of the Grenfell Tower, thanks to its combustible aluminium composite panels. But there are ways of making buildings safe — and not all involve completely replacing cladding (12 March 2019).  More... 

Housing investor loans sink to GFC levels
The amount of credit provided to housing investors in January 2019 was lower than in any month since 2011,” said Master Builders Australia's Chief Economist, Shane Garrett. Excluding refinancing, investor lending fell by 4.1 per cent during January to $4.67 billion. This is the weakest monthly result since October 2011 (12 March 2019).  More...

Engineers Australia: Events like Opal Tower are shaping the future of engineering
The final report into the causes of the structural damage to Sydney’s Opal Tower says the damage could have been avoided if an engineers’ registration system was in place along with other key recommendations (11 March 2019).  More...

PI ‘crisis’ as insurers retreat from cladding risk
Insurers are pulling back from exclusion-free professional indemnity (PI) cover for building surveyors and fire engineers, sparking fears the construction industry could “grind to a halt” (11 March 2019).  More...

Sydney launches challenge to diversify housing
The City of Sydney has launched a challenge to develop innovative new ways to make Sydney’s housing more diverse and affordable. By encouraging new ways of thinking about housing across financing, management and design, the Alternative Housing Ideas Challenge aims to identify and develop new models to increase affordable housing supply (19 March 2019).  More...

Western Sydney builder ordered to pay $45,000 for false representations
A 27-year-old man from Tregear has been convicted after falsely representing himself as a licensed electrician and fraudulently passing off building works of others as his own.  The NSW Fair Trading Commissioner, said Harrison deceitfully obtained a financial advantage of more than $12,000 from a customer in Woodcroft by falsely claiming that his company, Lushomes Pty Ltd, was the builder of a new home in Harrington Park (14 March 2019).  More...

Central Coast building approvals buck expectations
Building approvals on the Central Coast continued to buck expectations by rising further in January, reported the Housing Industry Association, the voice of Australia’s residential building industry (13 March 2019).  More...

Published -articles, papers, reports

Planning for Australia’s future population
Government of Australia: 20 March 2019
This strategy document considers population growth and regional development in Australia. Better population planning will help overcome capacity constraints and congestion pressures in Australia’s biggest cities. This will be a key focus of the government going forward with major investment in infrastructure right across Australia.

Australian Bureau of Statistics
14 March 2019 Industrial Disputes, Australia, Dec 2018 (cat no. 6321.0.55.001)

In practice and courts

ISCA: ISupply
For Projects & Assets - The ISupply directory will give you access to suppliers that can help your project or asset achieve sustainability outcomes rewarded under the IS rating scheme. The directory links products and services to IS credits helping you identify suppliers that can meet your requirements (21 March 2019).  More...

ABCC: Upcoming labour market testing audits
The ABCC will soon be conducting a labour market testing audit campaign for employers covered by the Code for the Tendering and Performance of Building Work 2016 (Code) (12 March 2019).  More...

ABCB reminder: NCC 2019
All three volumes of the NCC 2019 preview, as well as The Guide to Volume One, are now available to download. To get your copy, log into your NCC account through the NCC Online or create your NCC account and login to access. NCC 2019 will be adopted from 1 May 2019. If you’d like an overview of the key changes and dates, please check out the latest ABCB Connect article.  More...

City of Sydney: Alternative Housing Idea Challenge
The community will have the opportunity to provide feedback on the short-listed concepts as part of the City’s consultation to shape Sydney 2050. The Alternative Housing Ideas Challenge opened on Tuesday 26 March and close on Wednesday 8 May 2019.  More...

New dates for Environmental Planning & Assessment Act updates
Councils, certifiers and other industry practitioners have more time to implement some of the recent EP&A Act updates. Changes affect new provisions for building and subdivision certification, Local Strategic Planning Statements for councils in the Greater Sydney Region and Community Participation Plans.


VBA: Practitioners urged to take due care when relying on CodeMark Certificates of Conformity
The recent withdrawal of nine Certificates of Conformity issued under the CodeMark Scheme has again highlighted the need for practitioners to take due care when accepting Certificates as evidence of suitability (20 March 2019).  More...


Allen v Wallace [2019] NSWCATAP 58
BUILDING AND CONSTRUCTION – Home Building – cost plus contract – repudiation – misleading and deceptive conduct – adequacy of reasons. 

Hutchings v Hope [2019] NSWCATAP 59
CONTRACT LAW – Contract to do residential building work – Sham – Unenforceability of contract under Home Building Act 1989 – “just and equitable” to recover on a quantum meruit basis.
ADMINISTRATIVE LAW – Adequacy of reasons – failure to provide analysis of evidence – failure to make relevant findings. 

Long v Antoun’s Concrete Pumping Pty Ltd [2019] NSWCATAP 56
Appeal and leave to appeal from Consumer and Commercial Division-principles on appeal-held no appellable error demonstrated-leave to appeal refused and appeal dismissed – costs reserved.
Civil and Administrative Tribunal Act 2013 (NSW); Australian Consumer Law; Home Building Act; Civil and Administrative Tribunal Rules 2014.

Cincotta v Russo [2019] NSWSC 272
Judgment for the plaintiff against the first defendant for damages to be assessed.
CONTRACTS – Particular parties – principal and agent – undisclosed principal – building contract – where licensed supervisor contracted as agent for builder – identity of contracting parties – agent personally liable in circumstances where reasonable person in position of the parties would conclude agent was contracting party.
Corporations Act 2001 (Cth); Home Building Act 1989 (NSW)

Petropoulos v CPD Holdings Pty Ltd [2019] NSWCATAP 53
COSTS – Appeal from first instance costs decision –where Appeal Panel partially set aside the first instance principal decision after the first instance costs decision had been made – where parties agreed that the issue of costs should be remitted to the Tribunal and re-determined in light of the Appeal Panel’s decision – whether Appeal Panel should address grounds of appeal or whether there was no utility in doing so.
COSTS – Application for costs of the appeal from the first instance costs decision – whether appellant had been ‘successful’ on appeal – whether builder entitled to costs ‘wasted’ because homeowner withdrew ‘stay’ application.
Home Building Act 1989 (NSW); Civil and Administrative Tribunal Act 2013 (NSW) 

Petropoulos v CPD Holdings Pty Ltd [2019] NSWCATAP 54
COSTS – Costs on appeal – where homeowner successful on one ground of appeal – whether Tribunal should order that builder pay 100% of the homeowner’s costs – whether homeowner has failed on a separable issue – whether there are factors that militate against awarding 100% of homeowner’s costs.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW) 

Castle Constructions Pty Ltd v N & R Younis Plumbing Pty Ltd [2019] NSWSC 225
BUILDING AND CONSTRUCTION – Construction contracts – Building and Construction Industry Security of Payment Act 1999 (NSW) – challenge to adjudication determination – entitlement to progress payment – whether payment claim supported by valid reference date – whether reference dates may arise following termination of the relevant contract – operation of ss 8(2)(a) and 8(2)(b) – whether existence of a reference date is a jurisdictional fact – whether validity of a termination is a jurisdictional fact – review of adjudication determination. 

Icon Co (NSW) Pty Ltd v AMA Glass Facades Pty Ltd [2019] NSWSC 250
BUILDING AND CONSTRUCTION – Security of payment – where successive adjudicators expressed inconsistent findings as to proper construction of the building contract – subcontractor did not challenge second determination and instead resubmitted payment claim – contractor contended third determination void because construction issue determined by unchallenged second determination – subcontractor belatedly sought to challenge second determination by cross-summons. 

The Owners - Strata Plan 87265 v Saaib [2019] NSWSC 289
COSTS – Security for costs – relevant factors – impecuniosity – delay – risk of stultification – plaintiff’s impecuniosity attributable to the defendant’s conduct.
COSTS – Security for costs – plaintiff strata corporation – liability of members.


Code for the Tendering and Performance of Building Work Amendment (Exemptions) Instrument 2019
20/03/2019 - This instrument amends the Code for the Tendering and Performance of Building Work 2016 to vary the definition of ‘Commonwealth funded building work’ and to make other consequential amendments. 

Building and Construction Industry (Improving Productivity) (Accreditation Scheme) Rules 2019
20/03/2019 - This instrument repeals and replaces the Fair Work (Building Industry—Accreditation Scheme) Regulation 2016, which prescribe the accreditation scheme for persons who wish to carry out Commonwealth funded building work for the purposes of subsection 43(1) of the Building and Construction Industry (Improving Productivity) Act 2016.  

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions