Australia: Residential Focus – 12 September 2018: Part 2

Last Updated: 15 September 2018
Article by Christine Jones and Divya Chaddha
Most Read Contributor in Australia, October 2018

In the media

From skyscraper to 'plyscraper': Timber to challenge concrete and steel
Wood once dominated the building industry, and now it's making a comeback. It's cheap, fast and sustainable — so will the towers of tomorrow be made of timber? (31 August 2018). More...

Business investment and building approvals fall as construction slowdown bites
Expectations of a rebound in capital expenditure investment by the private sector are dashed again by weaker-than-expected June quarter figures (30 August 2018). More...

Cladding taskforce works thousands of hours improving New South Wales resident safety
A staggering 22,500 hours of work has gone into inspecting buildings across NSW, suspected of having dangerous cladding. Minister for Innovation and Better Regulation Matt Kean said it was part of the overwhelming response by the NSW Government to keep families as safe as possible following the tragic Grenfell fire in London last year (06 September 2018). More...

Do not deal with Anthony Lee Francis aka Tony Francis, Tiger Concrete, and Tiger Concrete and Excavation Group in NSW
NSW Fair Trading Commissioner Rose Webb has warned consumers not to deal with Anthony Lee Francis also known as Tony Francis who has traded in NSW under the business name Tiger Concrete and Excavation Group (04 September 2018). More...

Published - articles, papers, reports

Australian Bureau of Statistics
7 September 2018 Housing Finance, Australia, July 2018 (cat no. 5609.0)
30 August 2018 Building Approvals, Australia, Jul 2018 (cat no. 8731.0)

In practice and courts

ABCC E-Alert: Deadline for reporting payment disputes and delays
Code covered contractors are reminded that since1 September 2018, the ABCC treats any failure to report disputed or delayed payments as a breach of the Code. For further information click here. More...

ABCB: Do you need help with an NCC Performance Solution?
The ABCB Subject Matter Expert Network can help you (06 September 2018). More...

ABCB: Save the date: Accessible Housing National Consultation Forums 2018
National consultation forums relating to accessible housing are coming. The forums will focus on the ABCB's Accessible Housing Options Paper, which will be released in advance of the consultation forums. More...

Solar Panel Validation: a joint industry initiative
The Clean Energy Regulator has partnered with industry to develop and implement the Solar Panel Validation Initiative to address the installation of unapproved solar panels under the Small-scale Renewable Energy Scheme (SRES). This joint initiative is aimed at strengthening the integrity of industry and the scheme, and protecting consumers by making the identification of unapproved panels easier (03 September 2018). More... More...

BPB: Building and Development Certifiers Bill 2018
The Building and Development Certifiers Bill 2018 seeks to strengthen the certification system in NSW. More...


Harris v Morabito Holdings Pty Limited [2018] NSWSC 1353
Defendant to pay 80% of the plaintiff's costs assessed on the ordinary basis. Plaintiffs to have interest on costs. Parties to bring in draft orders.
COSTS – Home building dispute – owners awarded damages of $400,000 against claim of $1.6 million – whether commencement and continuation of proceedings in Supreme Court warranted – matter must be judged prospectively – whether costs should be reduced on account of either the conduct of the owners' expert or proportion of success achieved – where owners succeeded in each category of defects alleged but did not persuade referee as to the consequent quantum – owners were required to go to court to vindicate rights – hearing was extended as a result of the inflated claim – impossibility of scientifically assessing costs in these circumstances – broad brush of justice indicates that owners should have 80% of their costs.
COSTS – Application for indemnity costs – Calderbank offer sent from owners to builder – offer sent at a time when builder could not properly assess the offer – not unreasonable for builder to reject offer.
Civil Procedure Act 2005 (NSW); Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW).

Woodward v D J & T L Mellross Pty Ltd [2018] NSWCATAP 201
COSTS- Appeal allowed in part – Success on minor separable issue – Whether costs should be awarded.
This matter involved appeals by the appellants ("the home owners") against two decisions of a Senior Member in the Consumer and Commercial Division of the Tribunal. By the first decision (in proceedings HB 16/42636) the home owners were ordered to pay the respondent ("the builder") the sum of $40,920 being the final payment due on practical completion under the building contract between the parties. By the second decision (in proceedings HB 17/52751) the builder was directed to carry out certain work to rectify what were described as "drainage issues".

P & N NSW Pty Ltd t/as Euro Solar v Park [2018] NSWCATAP 202
(1) The appeal is allowed.
APPEAL – Adequacy of reasons – where Tribunal failed to adequately reveal the basis of the decision, expressing the specific findings that were critical to the determination of the proceedings - where written reasons materially different to oral reasons.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW).

Bajic v Paraskevopoulos [2018] NSWCATAP 205
COSTS – Calderbank Offer - at the time the Calderbank Offer was made the Builder was in receipt of the Homeowners' Reply to Appeal, which contained appropriate detail for the Builder to properly understand and assess the issues of law that would be raised by the Homeowners in the appeal.

H Build Pty Ltd v Nixon [2018] NSWCATCD 20
Home Building – Cost-Plus contract – variations, implied terms – repudiation – termination under the contract and at common law.

Danieli (Migration) [2017] AATA 2334
MIGRATION – Employer Nomination (Permanent) (Class EN) – Subclass 186 (Employer Nomination Scheme) visa – Temporary Residence Transition stream – electrician – licencing requirements not standardised – tasks of occupation – no electrical wiring work – electrical licence not required in NSW.

Rekrut v Champion Homes Sales Pty Ltd (No 2) [2018] NSWCATAP 208
COSTS – Indemnity costs.


Gas and Electricity (Consumer Safety) Regulation 2018 (NSW)
[Draft] Building and Development Certifiers Bill 2018 (NSW)
Gas and Electricity (Consumer Safety) Act 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.

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