In practice and courts

HIA Submissions
Building and Construction Industry Security of Payment Amendment Bill 2018 and Securing Payments in the Building and Construction Industry - A Proposal for 'Deemed' Statutory Trusts - NSW (21 September 2018).

BPB: Updates to 'Planning for Bush Fire Protection'
Planning for Bush Fire Protection 2018 intended to commence mid-2019. The NSW Rural Fire Service has released a 'pre-release' version of Planning for Bush Fire Protection 2018. It is intended to commence in mid-2019 and replace Planning for Bush Fire Protection 2006. Click here for more information about the updates and transitional arrangements (11 September 2018).

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. While most of the changes will commence on 1 March 2018, there will be a number of other changes that will involve further design and consultation from mid to late 2018.


Nutek Constructions Pty Ltd v Slotwinski (No 3) [2018] NSWCATAP 226
INTERLOCUTORY ORDERS – Application for a stay – no question of principle
Civil and Administrative Tribunal Act 2013 (NSW)
For the following reasons, each application for a stay is dismissed.
Appellant's submissions - The Homeowner Ms Slotwinski has not complied the order to pay the Builder $36,500 and has not paid to the appellant the ordered amount. Accordingly, there is a significant risk that should the costs be paid to the Homeowners, the amounts would not be recoverable in the event of a decision being made in any of the appeal proceedings that reverses the decision dated 26 July 2018, In that regard, the Builder submits that Ms Slotwinski has pending bankruptcy proceedings before the Federal Court of Australia.

Carr v Miller [2018] NSWSC 1424
BUILDING AND CONSTRUCTION – Residential property contained substantial defects – where purchaser induced to complete purchase through the provision of fraudulently obtained home warranty insurance certificates – whether third defendant (vendor) vicariously liable for the deceit of the second defendant (son-in-law).
BUILDING AND CONSTRUCTION – Damages for defects – where first defendant (builder) named on the insurance certificates did not carry out the building works – whether first defendant estopped from denying the applicability of statutory warranties – assessment of rectification damages.
CONTRACT – Interpretation of Deed which purports to deal with any claims relating the building words – whether Deed requires the second defendant to indemnify the third defendant for his deceitful conduct.
COSTS – Usual order for hearing not complied with – produced court book was productive of excessive inefficiencies – solicitors not to charge clients for costs in creating and remedying the court book.

Kong Crete Pty Ltd v Molter [2018] NSWCATAP 219
(1) Leave is refused for the appellant to appeal on grounds other than questions of law.
(2) The appeal is dismissed.
APPEAL – Home building dispute – a hearing in the absence of a party - no error of law on the grounds of procedural fairness - no other grounds for leave to appeal.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).

Champion Homes Sales Pty Ltd v Bailey [2018] NSWCATAP 212
(1) Leave to appeal is refused and the appeal is dismissed.
APPEAL – Interpretation of contractual provisions – question of law – leave to appeal.
Civil and Administrative Rules 2014; Civil and Administrative Tribunal Act 2013; Home Building Act 1989.

Brennan Constructions Pty Ltd v Davison [2018] NSWCATAP 210
1. Appeal dismissed.
2. Leave to appeal refused.
3. The stay of order (2) of the Tribunal's orders of 12 June 2018 in matter HB 17/22725 is lifted.
BUILDING AND CONSTRUCTION – Whether the Tribunal erred in not making a work order pursuant to s 48MA of the Home Building Act – whether the Tribunal erred in allowing late evidence – whether the Tribunal erred in failing to consider defences of the Appellant.
LEAVE TO APPEAL – whether leave to appeal should be granted because the Tribunal failed to appropriate weight to the Appellant's affidavit evidence - whether leave to appeal should be granted because the Tribunal preferred the expert's report relied on by the Respondents over the Appellant's expert report.
Civil and Administrative Tribunal Act 2013 (NSW); Environmental Planning and Assessment Act 1979 (NSW); Home Building Act 1989 (NSW).

Rekrut v Champion Homes Sales Pty Ltd (No 2) [2018] NSWCATAP 208
(1) A hearing on costs is dispensed with under s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW).
COSTS – Indemnity costs - Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Consumer Trader and Tenancy Regulation 2009 (NSW); Home Building Act 1989 (NSW).  


Bills revised following amendment in Committee
Strata Schemes Management Amendment (Building Defects Scheme) Bill 2018

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