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...


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...


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.


Conveyancing (Sale of Land) Regulation 2017 (NSW)

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Christine Jones
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