Australia: Residential Focus - 10 April 2018: Part 2

Last Updated: 13 April 2018
Article by Christine Jones, Stefanie Dunnicliff and Divya Chaddha
Most Read Contributor in Australia, August 2018
In the media

MBA: Outlook for Commercial Construction Strongest In Years
The value of non-residential building approvals jumped by 14.8 per cent in February, adding to growth of 18 per cent over the previous 12 months according to the latest ABS data (04 April 2018). More...

AIBS: External Wall Cladding – A Warning for Australia's Building Industry
Issues arising from external wall cladding are the subject of investigations, insurance claims for rectification works, litigation and a soon to be completed Senate Inquiry in the Federal Parliament. They are causing great angst for building industry professionals and building owners and feature in media reports contributing to continuing public disquiet and a loss of confidence in the existing governance framework (04 April 2018). More...

Retail sales figures rebound in 2018 while building approvals are down
Retailers are seeing customers open their wallets again, while things are cooling in the building sector with approvals down for the fifth consecutive month (04 April 2018). More...

Millions for Hambledon Road upgrades to fast track new homes
NSW Government has injected about $27 million of funding for key road infrastructure in Schofields that will help deliver new homes in the area sooner. The project is being funded by the Government's Housing Acceleration Fund (HAF) initiative to accommodate future traffic growth (03 April 2018). More...

Mission nearly impossible: the City of Sydney's efforts to increase the affordable housing supply
A key goal of the City of Sydney, one of Australia's wealthiest local governments, is to deliver "a range of affordable and social housing options that re?ects the diversity of ages, family relationships, socio-economic backgrounds and employment ?elds in the local population" (28 March 2018). More...

Published

ACI Construction Briefs
A fortnightly communication highlighting key updates related to Australia's construction industry (03 April 2018). More...

Australian Bureau of Statistics
04/04/2018 Building Approvals, Australia, Feb 2018 (cat no. 8731.0)
28/03/2018 Engineering Construction Activity, Australia, Dec 2017 (cat no. 8762.0)

In Practice and Courts

Public submissions on cladding
Submissions are being sought about a range of issues set out in the Notice issued by the Commissioner. The call is seeking input about the kinds of issues that should be considered including the range of uses of products, uses on different types of buildings, and by different people, and whether any conditions should be attached to product uses. Submissions close on 23 April 2018. More information about cladding and the call for submissions can be found here (23 March 2018). More...

Cases

Foremost Electrical Pty Ltd v Moore [2018] NSWCATAP 82
PRACTICE AND PROCEDURE - leave to appeal - whether leave to appeal should be granted – no question of principle

Australian Consumer Law; Building and Construction Industry Security of Payment Act (NSW) 1999; Civil and Administrative Tribunal Act (NSW) 2013, s. 80(2)(b); cl 12(1) of Sch 4; Civil and Administrative Tribunal Rules 2014, r 25(4)(c)

Boyd trading as Kalana Homes v Commissioner for Fair Trading [2018] NSWCATOD 46 ADMINISTRATIVE REVIEW - Home Building Act 1989 - Disciplinary proceedings – breach of statutory warranties – rectification orders – failure to comply – reasonable cause – improper conduct – defence - imposition of penalties – protection of consumers

Petropoulos v CPD Holdings Pty Ltd t/as The Bathroom Exchange [2018] NSWCATAP 72
HOME BUILDING – appeal on question of law - application for leave to appeal on other grounds - breach of statutory warranties – misleading or deceptive conduct

Leung v Alexakis (No 2) [2018] NSWCATAP 78
A hearing of the costs application of the respondent is dispensed with pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013. COSTS- discretion to award costs.

Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW)

Legislation

Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Low Rise Medium Density Housing) Regulation 2017 (2018-130) — published LW 6 April 2018

Environmental Planning Instruments
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing) 2017 (2018-132) — published LW 6 April 2018

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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