Australia: Residential Focus - 24 October: Part 2

Last Updated: 27 October 2018
Article by Christine Jones and Divya Chaddha
Most Read Contributor in Australia, October 2018

In the media

House price falls to continue as new loans dry up
New home lending has fallen to an almost eight-year low pointing to ongoing weakness in property prices (12 October 2018). More...

COAG Economic Reform Council should target housing affordability
The Property Council of Australia has welcomed Shadow Treasurer Chris Bowen's proposal for the creation of a new independent COAG Economic Reform Council to drive long-term reform priorities, and called for its first focus to be on housing affordability (11 October 2018).
More...

Tradies to get relief with 13 home building licence renewal fees greatly reduced
Tradies will save $52.3 million over 10 years by not having to renew their licences every three years, as part of the NSW government's Better Business reforms (10 October 2018). More...

There's an enormous number of homes under construction in NSW and Victoria at a time when prices are already falling
Created using data released by the Australian Bureau of Statistics (ABS), it shows the total number of homes that were under construction in New South Wales and Victoria as at the end of June this year. According to the ABS, there were a record 87,882 homes under construction in New South Wales at the end of June, the highest level on record (10 October 2018). More...

Published - articles, papers, reports

ABCC Industry update September - October 2018
Industry update is ABCC's bi-monthly online newsletter. It provides updates on the latest activities of the ABCC, industry trends, and emerging issues (09 October 2018).

ACI Construction Briefs
A fortnightly communication highlighting key updates related to Australia's construction industry (15 October 2018). More...

Australian Bureau of Statistics
12/10/2018 Housing Finance, Australia, August 2018 (cat no. 5609.0)
10/10/2018 Building Activity, Australia, Jun 2018 (cat no. 8752.0)

In practice and courts

ABEC: GBCA: Future Homes Project
GBCA have launched their Future Homes Project and accompanying Thought Leadership paper. The Future Homes Project aims to develop a framework for quality housing and test ways to verify the construction and performance of homes. In order to deliver affordable, sustainable, quality homes to for all Australians (17 October 2018). More...

ABCB Accessible Housing Options Paper: consultation
The ABCB's Accessible Housing Options Paper has been released for public consultation. The Options Paper provides a preliminary menu of options and costings on the possible inclusion of a minimum accessibility standard for housing in the NCC. Feedback on the Options Paper is invited until Friday 30 November 2018.

MBA NSW Reminder: HBCF Premium changes from 2 October 2018
The biggest changes are to C01 – New Dwelling Construction and C09 – New Duplex, Dual Occupancy, Triplex and/or Terrace (attached) construction which will have base rate premium increases of 44% and 46% respectively. More...

BPB: Options to improve and strengthen certifier independence
Public consultation on the Options Paper – 'Improving Certifier Independence' is open until 30 October 2018.
The options paper is seeking feedback on three methods for appointing certifiers that will increase certifier independence. NSW consumers can check the register of accredited certifiers through the BPB website. More...

New dates for Environmental Planning & Assessment Act Updates
Councils, certifiers and other industry practitioners have more time to implement some of the recent EP&A Act updates. Changes affect new provisions for building and subdivision certification, Local Strategic Planning Statements for councils in the Greater Sydney Region and Community Participation Plans. While most of the changes will commence on 1 March 2018, there will be a number of other changes that will involve further design and consultation from mid to late 2018 outlined here.

Cases

Petropoulos v CPD Holdings Pty Ltd t/as The Bathroom Exchange (No 2) [2018] NSWCATAP 233
HOME BUILDING – Where statutory warranty breached in relation to size of showers – whether damages or rectification appropriate remedy - Civil and Administrative Tribunal Act 2013 (NSW), s 36(1), s 50, s 80(3).
Civil and Administrative Tribunal Rules 2014 (NSW), r 38; Fair Trading Act 1987 (NSW), ss 79R, 79T, 29U, 79V; Home Building Act 1989 (NSW), ss 18B(1), 48O, 48MA.

David Cameron Jones t/as Oz Style Homes v Panchal [2018] NSWCATAP 238
BUILDING AND CONSTRUCTION – Home Building jurisdiction of the Tribunal – whether time limits on jurisdiction in s 48K of the Home Building Act apply separately to each claim brought in an application or whether each application constitutes one "building claim" – whether in considering whether to make a work order requiring rectification by the builder it is a relevant consideration that there are defects for which the builder has not been found liable which the home owner will need to employ other builders to rectify.
WORDS AND PHRASES – "building claim".
Appeal dismissed.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW) s 48A, s 48K, s 48MA; Home Building Amendment Act 2011 (NSW); Home Building Amendment Act 2014 (NSW); Interpretation Act 1987 (NSW).

P & N NSW Pty Ltd t/as Euro Solar v Park (No 2) [2018] NSWCATAP 242
CONSUMER CLAIM – Order for compensation.
PRACTICE AND PROCEDURE - New hearing pursuant to s 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW)

The Owners-Strata Plan 89023 v AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust; Jayanthi and Shikaram v AT Building Pty Limited and Mowbray Road Pty Limited as trustee for... [2018] NSWCATCD 33
HOME BUILDING - Individual components of a fire safety system a major defect - completion of residential building work on issue of interim occupation certificate - limitation period for bringing claim for breach of statutory warranty in respect of other defects - preferred outcome.

Hartley v McRae [2018] NSWCATCD 31
Section 48MA of the Home Building Act 1989 - Work orders - Prime cost items - undocumented variations.

Maher v The Pines Resort Management Pty Ltd T/as Gateway Lifestyle The Pines; Marsh v The Pines Resort Management Pty Ltd T/as Gateway Lifestyle The Pines [2018] NSWCATCD 35
RESIDENTIAL (LAND LEASE) COMMUNITIES – Site fee increase – Whether notice of site fee increase valid – Whether site fee increase excessive.

Legislation

Bills

National Housing Finance and Investment Corporation Amendment Bill 2018
18/10/2018 - The National Housing Finance and Investment Corporation Amendment Bill 2018 (the Bill) amends the National Housing Finance and Investment Corporation Act 2018 (the NHFIC Act) to establish a $1 billion special account to support the National Housing Finance and Investment Corporation (NHFIC).

New South Wales

Bills introduced Government – 19 October 2018
Building and Development Certifiers Bill 2018
Fair Trading Legislation Amendment (Reform) Bill 2018

Proclamations commencing Acts
Fair Trading Legislation Amendment (Consumer Guarantee Directions) Act 2018 No 43 (2018-578) — published LW 11 October 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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