Residential Focus: In the media, Practice and courts, Cases and Legislation - Construction & Planning

In the media

Construction sector extends its recovery
Australia's construction sector continues to grow in the face of growing price pressures and difficulties in attracting and retaining skilled workers (4 April 2022). More...

Country areas are unable to cash in their popularity
A shortage of housing is preventing regional Australia from cashing in its newfound popularity. And there is no quick fix to the problem (4 April 2022). More...

Home builders count the costs of the once in 100-year flooding
Despite the prospects of long delays, higher construction costs and lost income, home builders in flooded areas such as Jack Henderson are determined to rebuild and stay put (1 April 2022). More...

In Australia there are more insolvencies in the construction sector than any other, and consumers are paying the price
It has been four months since Nathalie Kapuya's builder went into administration and still her land sits empty (1 April 2022). More...

Lending for a new home remains well above pre-COVID levels
The number of new loans for the construction or purchase of new homes in Australia lifted by 1.7 per cent in February (1 April 2022). More...

How is Australia's current economy? A quick glance at three economic indicators
Dwelling approvals in Australia rose by a massive 43.5 per cent in February after a large drop of 27.1 per cent in January (31 March 2022). More...

Budget supports home ownership
All levels of government have a role to play in restoring the rate of home ownership and the measures announced demonstrate that the federal government is committed to playing a bigger role (29 March 2022). More...

Flood insurance costing $30,000 highlights which areas should not be developed for housing
Thousands of the people enduring the heartbreaking sight of their homes sinking beneath a rising brown tide across the east of NSW are doing so knowing they don't have insurance coverage (23 March 2022). More...

Published – articles, papers, reports

Performance of Construction Index
The Australian Industry Group and HIA Australian Performance of Construction Index (Australian PCI®) improved by 3.1 points to 56.5 points, indicating further recovery in activity across the construction sector after a sharp fall over the summer holiday period. Read more here.

Deloitte – 2022 engineering and construction industry outlook
The engineering and construction industry has made a significant recovery from the 2020 recession, but it has also experienced multiple headwinds that are expected to persist. Read more here.

Australian Bureau of Statistics – business conditions and sentiments
In March 2022, 40 per cent of businesses had experienced increases in their operating expenses over the previous month compared to 24 per cent of businesses in March 2021. Read more here.

Australian Bureau of Statistics – building approvals, Australia
The number of dwellings approved in Australia rose 43.5 per cent in February, in seasonally adjusted terms. This follows a 27.1 per cent fall in January. Read more here.

Australian Bureau of Statistics – engineering construction activity, Australia
The seasonally adjusted estimate for the value of work done for the private sector fell 1.7 per cent in the December quarter to $13,386.8M. Read more here.

Cordell Construction Monthly Report
Cordell Construction Monthly provides a regular update on the number and value of construction projects that are in planning or have commenced construction across residential, community, commercial and major infrastructure developments. Read more here.

Practice and courts

Cross-border blitz boosts construction safety
WorkSafe Victoria and SafeWork NSW visited 52 construction sites in Albury and Wodonga as part of a week-long blitz to reduce the risk of falls and other safety issues. Read more here.

Cases

Brennan v Building Zone Constructions Pty Ltd [2022] NSWCATAP 96
APPEAL – failure to consider evidence of one party on the issue of quantum – decision not fair and equitable; Civil and Administrative Rules 2014; Civil and Administrative Tribunal Act 2013.

Salakis v Silvabuilt Pty Ltd; Silvabuilt Pty Ltd v Salakis (No 2) [2022] NSWCATAP 95
COSTS – usual order – costs follow the event – meaning of "event"; Civil and Administrative Rules 2014; Civil and Administrative Tribunal Act 2013.

Casazza v McGuinness [2022] NSWSC 348
CIVIL PROCEDURE – appeal and review – appeal from Local Court.
CONTRACTS – formation – identification of parties to an agreement – post-contractual conduct; Local Court Act 2007 (NSW).

Garawin Pty Ltd v 1A Eden Pty Ltd [2022] NSWSC 333
REAL PROPERTY – torrens title – caveats – application to remove caveats – Real Property Act 1900, s 74MA(2) – real property development joint venture conducted through trustee company as trustee of a unit trust – plaintiff a 50 per cent interest holder in the units in the unit trust – agreement to distribute the profits in specie in the form of lots of the development – distribution commenced but not completed – building under development the subject of defect proceedings – trust faced with unexpected external liabilities – further distribution suspended but plaintiff's permitted to mortgage undistributed lots – freezing orders made by consent against lots to be distributed to second defendant – lots distributed to the third defendant – caveats placed on all lots respect parties – plaintiff seeks removal of caveats to enable distribution – whether caveats bad in form – what if any ancillary relief should be granted if caveats are removed; Design and Building Practitioners Act 2020; Home Building Act 1989, s 18B; Real Property Act 1900, ss 74MA(2), (3), 74P; Trustee Act 1925, s 102.

Leone v Captain Green Solar Pty Ltd [2022] NSWCATAP 78
PRACTICE AND PROCEDURE – procedural fairness – failure to give reasons – adequacy of reasons; Civil and Administrative Tribunal Act 2014 (NSW) – ss 80, 81; Home Building Act 1989 (NSW) – ss 18E, 48K(7).

Chen v Austral Built Pty Ltd [2022] NSWCATAP 67
APPEAL – error of law – scope of works in contract for residential building work – obligation of builder to provide sewer service diagram – work and services order made.

Legislation

NSW

Passed by both Houses of NSW Parliament
Home Building Amendment (Medical Gas Licensing) Bill 2022
31/03/2022 – Home Building Act 1989 No 147.

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.

Australia: Residential Focus: In the media, Practice and courts, Cases and Legislation

In the media

Published – articles, papers, reports

Practice and courts

Cases

Legislation

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