Australia: Residential focus - 2 August 2017

Last Updated: 6 August 2017
Article by Christine Jones and Cameron Sheather
Most Read Contributor in Australia, July 2017

In the media

Serious questions at the Senate inquiry into building materials. Answers still pending
The Sydney Public Hearing by the Senate Economics Reference Committee into Non-Conforming Building Products (NCBPs) confirmed much of what the construction industry already knows (27 July 2017). More...

Project managers wanted as construction jobs boom rolls on
Project managers, construction managers and contract administrators are in massive demand as the home building boom has seen the construction sector in Australia increase its headcount by almost 70,000, a new report suggests (27 July 2017). More...

Strong demand for tradies in East Coast cities
The HIA Trades Availability Index for the June quarter of 2017 shows that there is a small undersupply of skilled trades people in the residential building industry in Australia," added Mr Reardon. The greatest shortage of trades is in those markets that still have high levels of home building, such as Sydney and Melbourne (26 July 2017). More...

NSW

Here's how many buildings in NSW might have dangerous cladding
More than a 1,000 buildings in New South Wales may contain potentially dangerous cladding, a Government audit finds (28 July 2017). More...

HIA: New Levy will only worsen housing affordabiltiy - NSW
Today's announcement by the Government to develop a new 20 year blueprint for Greater Parramatta will see as many as 72,000 homes built and 110,000 jobs created is welcome says the Housing Industry Association (HIA) (25 July 2017). More...

Residents warn 'huge fight' ahead over proposed North Sydney smokestacks
North Sydney residents say they will challenge the Government's plans to build polluting smokestacks near schools, homes and parks as part of the Northern Beaches tollway (21 July 2017). More...

Practice and courts

Fire Safety Regulation Reform
The Environmental Planning Assessment Amendment (Fire Safety and Building Certification) Regulation 2017 has been published and will come into effect on 1 October 2017. These are important reforms that will improve fire safety in new and existing buildings. The amendments introduce new requirements affecting the design, approval, construction and maintenance of fire safety measures (06 July 2017). More...

NSW BPB: Strata building bond scheme now commences 1 January 2018
The new strata building bond and inspection scheme will now commence on 1 January 2018. It was originally scheduled to commence on 1 July 2017. More...

Cases

Champion Homes Sales Pty Ltd v Commissioner for Fair Trading [2017] NSWCATOD 110
Home Building Act 1989 – disciplinary action for breach of statutory warranty penalty of $3,500 set aside – caution.

Dix Gardner Pty Ltd v The Owners – Strata Plan 82053 [2017] NSWSC 940
LOCAL COURT APPEAL – jointly and severally liable - duty of care – duty of care to subsequent purchaser – vulnerability – assumption of reliance – appeal upheld.

Ferraro v Lambert [2017] NSWCATAP 162
Home-building – notice to renew proceedings – appellant inadvertently misled by orders of Tribunal – denial of procedural fairness – question of law – could not be concluded that denial of procedural fairness made no difference to the outcome.

John Maiolo t/as M & N Peninsular Kitchens & Joinery v Chiarelli [2017] NSWSC 982
APPEALS – judicial review – appeal from NSW Civil and Administrative Tribunal Appeal Panel –on question of law only with leave - installation of kitchen – specific performance of contract ordered by Appeal Panel – Appeal Panel gave no concomitant order for Defendant to pay for kitchen upon it being installed – whether denial of procedural fairness by failing to respond to Plaintiff's applications to amend orders – failure to give reasons – failure to respond to Plaintiff's substantial, clearly articulated argument – constructive failure to exercise jurisdiction – appeal upheld – matter remitted to Appeal Panel.
COSTS – Appeal Panel made no order as to costs – s 60 Civil and Administrative Tribunal Act - whether special circumstances shown - whether costs should be awarded because proceedings alleged to have been brought for a collateral purpose – post-judgment conduct irrelevant to costs orders – proportionality – small amount in dispute – whether any reason shown for leave to be granted - leave to appeal refused – no order as to costs.

Tannous v Leedon [2017] NSWCATAP 158
APPEAL – failure of appellant to appear at hearing below – no adequate explanation provided for that failure – expert evidence filed by the appellant considered by the Member in the decision under appeal – no error of law – leave to appeal required – no evidence provided to found the grant of leave; APPEAL – simultaneous lodging of appeal with an application to set aside the decision of the Member – entitlement to pursue the set aside application doubted – Civil and Administrative Tribunal Regulation, cl 9; Home Building Act 1989 - Confirm the order made in proceedings HB16/17038 on 23 September 2016 that the Appellant is to pay the Respondent the sum of $77,100 immediately.

Staniland v Integrity New Homes Pty Ltd [2017] NSWCATAP 157
Costs- Legislation applicable to the award of costs in pending proceedings commenced prior to establishment day of the Civil and Administrative Tribunal. Discretion- Factors relevant to exercise of discretion, reduction of costs of successful party, findings of fact by primary member - the appellants filed application HB 13/50125 (renewal proceedings) in which the appellants sought to renew the original proceedings. The appellants contended that the respondent had failed to carry out the work as required by the July orders. The appellants sought an order for the payment of $20,000.

Walsh v Sandeberg [2017] NSWCATAP 152
Indemnity costs - Rejection of 'Calderbank' Offer.

Legislation

Conveyancing (Sale of Land) Regulation 2017 (NSW)

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 Mondaq.com.

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

Authors
Christine Jones
 
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 Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). 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 & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd 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 or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.