Australia: Residential Focus - 31 January 2018: Part 2

Last Updated: 1 February 2018
Article by Christine Jones, Stefanie Dunnicliff and Divya Chaddha
Most Read Contributor in Australia, March 2019

In the media

Soft landing for house builders according to National Survey
December quarter 2017 National Survey points to soft landing for residential building market (25 January 2018). More...

Firefighters Union concerned about unresolved flammable cladding issue
The United Firefighters Union has expressed concern about the Federal Government's inaction on regulating the dangerous use of flammable cladding in the building industry (25 January 2018). More...

Consumers opting for houses over units
An impressive increase in standalone home building is a sure sign houses are making a comeback over units, with the latest figures from the Australian Bureau of Statistics showing a 14 per cent increase in dwelling commencements over the 3 months to September 2017 (23 January 2018). More...

Design Futures Council gets Australian chapter
A think tank formed to help navigate global trends, challenges and opportunities for innovation in the architecture, engineering and construction sectors has launched an Australian chapter (23 January 2018). More...

Premier Berejiklian must maintain momentum to fix housing affordability
One year in to Premier Berejiklian's time as Premier, the NSW Government must continue to embrace progress and implement reforms to improve housing affordability in NSW, according to the Property Council of Australia (23 January 2018). More...

New state apprenticeship act to 'strengthen' industry ties
Changes to laws governing the New South Wales' apprenticeship system will make it more responsive to the demands of the contemporary workplace. The Apprenticeship and Traineeship Amendment Bill 2017 came into effect on 1 January (19 January 2018). More...


Australian Bureau of Statistics
17/01/2018 – Building Activity, Australia, Sep 2017 (cat no. 8752.0
17/01/2018 – Construction Activity: Chain Volume Measures, Australia, Sep 2017 (cat no. 8782.0.65.001)
17/01/2018 - Housing Finance, Australia, November 2017 (cat no. 5609.0)

Practice and courts

ABCB: Preview of NCC 2016 Volume One Amendment 1
The Amendment preview and Evidence of Suitability handbook are now available. Accompanying the preview is a summary of changes, the Consolidated Performance Requirements preview and a new Evidence of Suitability Handbook (19 January 2018). More...

ABCB: Adoption of NCC 2016 Volume One Amendment 1 - Key dates
12 March 2018 - NCC 2016 Volume One Amendment 1 is scheduled for adoption by all States and Territories from 12 March 2018.
This amendment is the result of a Building Ministers' direction to the ABCB to expedite completing and adopting actions involving changes to the NCC from a comprehensive package of measures for fire safety in high rise buildings developed following the Lacrosse Apartments fire in Melbourne.

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. More...

Proposed Reforms for Buildings with Combustible Cladding
The NSW Department of Planning and Environment (DP&E) has released a package of proposed reforms requiring owners to: register their building/s with the NSW Government and engage an expert to do a fire risk assessment of the cladding. Councils and Fire and Rescue NSW will have powers to direct owners to register their buildings within a set timeframe if they have not already done so. The package is on exhibition until 16 February 2018. More...


Maiolo v Chiarelli [2018] NSWCATAP 28
(1) The decision of the Appeal Panel given on 11 April 2016 and amended on 19 April 2016 is varied to include the following order: Frank Chiarelli and Vicki Woodward must pay John Peter Maiolo the sum of $20,900.66 immediately'.
Remit of proceedings from the Supreme Court pursuant to section 83 of the Civil and Administrative Tribunal Act 2013 – costs – finding of special circumstances.
Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Home Building Act 1989.

Staniland v Integrity New Homes Pty Ltd (No. 2) [2018] NSWCATAP 24
(1) The appellants are to pay 50% of the respondent's cost of the appeal, as agreed or assessed on an ordinary basis.
Costs - Costs of appeal involving claim originally brought in the Consumer Trader and Tenancy Tribunal, the applicability of rule 38A of the Civil and Administrative Tribunal Act 2013.
Discretion - Calderbank offer, special order for costs, relevance in determining what costs order should be made, both parties addressing irrelevant issues, assessment based on issues.
Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Consumer Trader and Tenancy Act 2001; Consumer Trader and Tenancy Regulation 2009; Home Building Act 1989.

Hanna v Semaan as the Administrator of the Estate of the late Nelson Semaan [2018] NSWCATAP 21
(1) Leave to appeal is refused and the appeal is dismissed. PRACTICE & PROCEDURE. Meaning of a "decision" - whether Tribunal functus officio - whether leave to appeal out of time should be granted.
Civil and Administrative Tribunal Act, 2013; Civil and Administrative Tribunal Rules 2014; Home Building Act 1989.

Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23
Home Building Act – s 48MA, preferred outcome principle, relevant considerations. Fair Trading Act - s 79U - applicability in determination of claims under the Home Building Act - modifications required by Home Building Act - relevance of s 48MA of Home Building Act in application. Discretion - Order making power under s 48O of Home Building Act - application of preferred outcome principle.

Heritage Master Builders Pty Ltd v Lu [2018] NSWCATAP 16
Expert evidence - reliance on quotation from unlicensed builder, expert not expressing view on issue for determination, ability of Tribunal to reach relevant decision. Procedural fairness - late delivery of report, party deciding not to seek adjournment - Civil and Administrative Tribunal Act 2013; Home Building Act 1989.

Singh v Verdi Group Pty Ltd [2017] NSWCATCD 94
Home Building – Breach of Contract – misleading and deceptive conduct.

Bailey v Champion Homes Sales Pty Ltd [2017] NSWCATCD 91
Home building; variations; contract period; works period; restitution; mistake; failure of consideration; breach of warranty; damages.

Grace v Pepe [2018] NSWCATAP 19
COSTS-Error of law - building dispute - costs decision - leave to appeal.

Younan v Commissioner for Fair Trading [2018] NSWCATOD 9
HOME BUILDING – disciplinary action – whether company of which the applicant was a director failed, without reasonable cause, to comply with a rectification order - whether applicant guilty of improper conduct – what penalty should apply. COSTS – whether special circumstances – respondent acted without jurisdiction in relation to the issuing of a rectification order.

Champion Homes Sales Pty Ltd v Commissioner for Fair Trading [2018] NSWCATAP 18
Disciplinary proceedings - "parity principle", meaning and applicability, different penalties for licensed contractor company, directors and supervisor. Discretion - error of law, circumstances in which Appeal Panel can intervene.

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.

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