Australia: Residential Focus - 6 December 2017: Part 2

Last Updated: 11 December 2017
Article by Christine Jones, Stefanie Dunnicliff and Divya Chaddha
Most Read Contributor in Australia, March 2019

In the media

Home builder fined $380,000 over misleading review websites
Perth residential building company Aveling Homes is fined $380,000 for creating websites which filtered out negative reviews, which the Federal Court found was liable to mislead the public and create a more favourable impression of the firm's services (01 December 2017). More...

October Building Approvals in Surprise Increase
ABS approvals data released on Thursday showed a rise in approvals for construction of new homes of 0.9 per cent, defying analysts' expectations of a 1.0 per cent decline (30 November 2017). More...

House prices 'based on undersupply myth'
Australia does not have a housing shortage, with inner-city areas of Sydney, Melbourne and Brisbane some of the nation's most oversupplied regions, according to new research from ANU (20 November 2017). More...

Dural building company prosecuted after worker suffers brain injury in fall
A Dural building company has been fined $60,000 for failing to ensure the safety of a worker who was seriously injured during a fall (28 November 2017). More...

Asbestos Awareness Month Goes into Overtime
The NSW Environment Protection Authority will team up with SafeWork, RID Squads and Council to conduct joint inspections at waste facilities, building and demolition sites, and businesses between 27 November and 4 December (27 November 2017). More...

Government launches safety blitz to drive down construction deaths
Minister for Better Regulation Matt Kean today launched a year-long blitz to crack down on dodgy construction businesses which put their workers at risk. Mr Kean said the number of falls from heights reported to SafeWork NSW had more than tripled in the last five years – with the majority happening on construction sites (22 November 2017). More...

Industry fury as NSW government waters down building products legislation
Building industry stakeholders are outraged that the NSW government has covertly and substantially watered down legislation to reduce non-compliant and non-conforming building product use (22 November 2017). More...


ACI Construction Briefs
20 November 2017: ACI Construction Brief: Where would we be without the construction industry?

Australian Bureau of Statistics
30/11/2017 Building Approvals, Australia, Oct 2017 (cat no. 8731.0).
22/11/2017 Construction Work Done, Australia, Preliminary, Sep 2017 (cat no. 8755.0).

Practice and courts

ABCB: Adoption of NCC 2016 Volume One Amendment 1
Release and adoption dates for NCC 2016 Volume One Amendment 1 are now available (28 November 2017). More...

Australian Cladding and Building Standards Summit 2017
The Australian Cladding & Building Standards Summit, 7-8 Dec 2017, Melbourne, will address issues of safety standards and non-conforming building products. More...

Registration is now open for the 2018 NCC Information Seminars
In February and March 2018, a representative from the ABCB will be coming to a capital city near you. Don't miss out on your opportunity to hear about the following BCA initiatives: NCC 2016 Volume One amendment addressing fire safety; NCC 2019 public comment draft; The improved CodeMark scheme; and The practical development and assessment of Performance Solutions. Click here to register.

31 December 2017 signals the end for the transitional period for the BASIX energy targets
Home buyers wishing to take advantage of the lower pre-July energy targets under the transitional arrangements will need to apply for a BASIX certificate before 31 December 2017. After this date, the lower pre-July 2017 targets will no longer be available and all new homes and units will be subject to the energy targets introduced on 1 July 2017 (21 November 2017). More... 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. More...


SCC (Sam Construction Company) Pty Ltd v Wingate [2017] NSWCATAP 222
Costs - special circumstances - section 60 of the NCAT Act - indemnity costs.

Thacker v Bonham [2017] NSWCATAP 217
Home Building – error in evidence before primary member – discretion on remedy – works order.

The Owners-Strata Plan No. 30791 v Southern Cross Constructions (ACT) Pty Limited (In Liquidation) [2017] NSWSC 1660
CIVIL PROCEDURE – Referral to referee – Adoption of referee report – Whether report should be rejected for actual or apprehended bias – Whether referee failed to comply with rules of natural justice. Texts Cited: Building Code of Australia. In these proceedings, the Owners Corporation seeks to recover in respect of structural and aesthetic damage said to have been caused to the building by excavation, shoring and piling work (the Works) carried out on the adjacent property.

Bui v DB Homes Australia Pty Ltd [2017] NSWCATAP 218
APPEAL – Civil and Administrative Tribunal (NSW) – whether question of law – whether leave should be granted on a question of fact – Extension of time – leave to appeal - self-represented litigants – leave denied DAMAGES – Assessment of damages – imprecise calculation of quantum of damages – damage not in contemplation of the parties.
EVIDENCE – Whether additional evidence was 'new – relevance of evidence to matter on Appeal.

Manbead Pty Ltd v The Owners – Strata Plan No 87635 [2017] NSWSC 1629
APPEALS – application for leave to appeal against decision of NCAT Appeal Panel on a question of law – no error of law established BUILDING CLAIMS – claims by Owners Corporation and individual lot owners in respect of common property – whether Appeal Panel erred in assuming separate claims were maintainable – whether Appeal Panel erred in declining to consider Scott Schedule prepared after consent orders were entered for purpose of determining whether claim exceeded Tribunal's jurisdictional limit.

White v Sunrise Pools Australia Pty Ltd [2017] NSWCATAP 216
APPEAL - Home building – Where home owner represented by her husband - Whether breach of procedural fairness – Whether Tribunal complied with obligation to self-represented litigant or non-legally trained agent – Whether Tribunal erred in interpretation and application of Home Building Act – Whether Tribunal erred in directing that the builder return to rectify defects when the contract has been terminated.


Bills revised following amendment in Committee – week ending 24 November 2017
Building Products (Safety) Bill 2017

Bills passed by both Houses of Parliament – week ending 24 November 2017
Building Products (Safety) Bill 2017

Bills assented to
Building Products (Safety) Act 2017 No 69 — Assented to 30 November 2017

For the full text of Bills, and details on the passage of Bills, see Bills.

Draft regulations

Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2017
This regulation is currently open for public consultation until 16 February 2018. For more information see the Department of Planning and Environment website.

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.

Christine Jones
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