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.
