In the media

Aussie engineers must better manage risk on retaining walls
Last November, 15 people were evacuated from their homes in the Cleveland (south of Brisbane) street of Middle street after excavators 'dug too deeply' at the site and an excavation collapsed (15 June 2018). More...

House price decline 'larger than expected'
The sale of new homes in five of Australia's largest states tumbled last month, with one of the big four bank's predicting that weakness in the market will be graver than expected (07 June 2018). More...

Housing affordability improves across Australia: Report
Housing affordability has improved across the country despite falls in Victoria, South Australia and ACT during the first quarter of 2018, according to research from the Real Estate Institute of Australia (06 June 2018). More...

Update on the Fire Safety and External Wall Cladding Taskforce
In total, Fire & Rescue NSW has visited, inspected and assessed over 2280 sites identified through the initial audit. The Taskforce's work to identify buildings that have been inspected and assessed and the ACP cladding remains ongoing (04 June 2018). More...

Australian Bureau of Statistics
12/06/2018 Housing Finance, Australia, April 2018 (cat no. 5609.0).

Practice and courts

ABCC: Minimum wage increase – make sure you are paying the right rate
On Friday 1 June 2018 the Fair Work Commission announced a 3.5% increase to the minimum wage. The increase applies from the first full pay period starting on or after 1 July 2018 (05 June 2018). More...

More housing options for NSW: Low Rise Medium Density Housing Code
The new Code will allow one and two storey dual occupancies, manor houses and terraces to be built under fast-track complying development approval across NSW and also promotes good design for medium density housing. Low rise medium density housing as complying development is only allowed where medium density development is already permitted under a council's local environmental plan. The Medium Density Housing Code will commence on 6 July 2018.

Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be included in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. In essence, it is a simplifying of the development process, and aligning the requirements for development across greenfield areas. The planning rules and the code are also presented in plain English for clearer explanation. Note: There will be a three-year transitional period, where applicants can choose whether to use the Greenfield Code, or the new simplified Housing Code or Transitional Code (until 13 July 2019). More...

BPB: Certification data reporting commences 01 July
To strengthen certification and building regulation in NSW, accredited certifiers and local councils will soon be required to report data on building certification to the NSW Government. This will be mandatory from 1 July 2018. More...

BPB: View Cert Alert issue 3 – 08 June 2018
Read about mandatory data reporting for A1, A2 and A3 certifiers; practice advice; changes to the EP&A Act; unsafe cladding and more. More...

Cases

J Evers Pty Ltd t/as The Plumbing and Electrical Doctor v Rolt [2018] NSWCATAP 150
(3) Appeal dismissed. APPEAL – Residential building work – Whether error of law – Whether leave to appeal should be granted - Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Home Building Act 1989.

Goodfellow v Gilchrist [2018] NSWCATAP 151
Appeal upheld; (3) he matter is remitted to the Consumer and Commercial Division for re-hearing of the application made on 24 November 2017 to set aside the decision and orders in HB 17/41814 made on 27 October 2017.
APPEAL – Application to set aside decision – Whether error of law.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Regulation 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).

Legislation

Statute Law (Miscellaneous Provisions) Act 2018 (NSW)
Received assent on 15 June 2018.

Home Building Act 1989 (No. 147 of 1989)
Proposed amendment by:
Statute Law (Miscellaneous Provisions) Bill 2018
Government Sector Finance Legislation (Repeal and Amendment) Bill 2018

Home Building Regulation 2014 (No. 811 of 2014)
Proposed amendment by:
Statute Law (Miscellaneous Provisions) Bill 2018

Strata Schemes Development Regulation 2016 (No. 659 of 2016)
Proposed amendment by:
Statute Law (Miscellaneous Provisions) Bill 2018

Strata Schemes Management Act 2015 (No. 50 of 2015)
Proposed amendment by:
Fair Trading Amendment (Short-term Rental Accommodation) Bill 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.