In the media
Building crisis hits rural communities as good seasons
drive increased demand
Builders across the country became very busy, very quickly
when the federal government's HomeBuilder program was announced
in the middle of the pandemic in 2020. But with residential
construction busier than ever, the motivation for builders to
travel out of town for farm jobs disappeared (2 May
2022). More...
Investment to unlock homes in booming west
The NSW Government is ramping up its investment in vital
infrastructure to support the delivery of more than 30,000 new
homes in areas of Western Sydney that are experiencing record
growth (29 April 2022). More...
How a bushfire-ravaged NSW community is helping to build
disaster-resilient homes
"The whole concept is to build houses that have a far
better chance of not burning down or being flooded" stated
Greg Webb, Lake Conjola resident (28 April 2022). More...
More construction companies to go under: Hutchinson
Builders
Australia's largest privately owned construction
company, Hutchinson Builders, has warned that more companies and
subcontractors were likely to hit the wall as the material supply
crisis shows no sign of abating (27 April 2022). More...
Housing supply, tax reforms urged ahead of
election
A Sydney-focused think tank has called for the federal
government to roll out a "real long-term strategy" to
make housing more affordable. The Committee of Sydney paper noted
only 30 per cent of houses in NSW are approved via a complying
development pathway, a planning and construction approval process
involving a fast-tracked assessment by a council or an accredited
certifier (26 April 2022). More...
2022 HIA-CSR Australian Housing Awards winners
"HIA is committed to recognising the outstanding
achievements of our members. The HIA-CSR Australian Housing Awards
allow us to acknowledge the skill and commitment of our members who
excel in building exceptional homes, kitchens and bathrooms and
have highly successful businesses," stated Graham Wolfe, HIA
Managing Director (23 April 2022). More...
Forestry sector hopes pulp log trial will ease
nation's growing structural timber deficit crisis
"Australia is not going to be able to build the new
homes that it needs into the future if we don't take urgent
action now to ensure we have the softwood supply the country
needs," stated Michael O'Connor, Construction Forestry
Maritime Mining and Energy Union national secretary (20 April
2022). More...
Published - articles, papers, reports
Building regulation: Combustible external cladding audit
report
The report focuses on how effectively the Department of
Customer Service (DCS) and Department of Planning and Environment
(DPE) led reforms addressing the unsafe use of combustible external
cladding on existing residential and public buildings. Read
more here.
Sydney housing supply forecast
The Sydney housing supply forecast is the best available
NSW government information on where, when and how many new homes
are likely to be built in the Sydney area in the next five years
(27 April 2022). Read more here.
National Construction Supply Chain Strategy Needed to
Maintain Building Confidence
The Australian Institute of Architects's Federal
Election Policy Statement A Time For Action, calls
for the next Australian Government to establish nationally
consistent supply chain laws that include product testing and
certification and address modern slavery, child labour and the
displacement of communities around the world (27 April 2022). Read
more here.
HIA Comments on Improving Demolition Licensing in
NSW
HIA provides comment on the draft Work Health and Safety
Amendment (Demolition Licensing) Regulation 2022 and accompanying
Consultation Paper (26 April 2022). Read more here.
Tents to Castles: Building Energy Efficient, Cost-Saving
Aussie Homes
The Climate Council's new report Tents to Castles:
Building energy efficient, cost saving Aussie homes has found
living in a 7-Star, all-electric house in any capital city in
Australia would save occupants on average $450 per year on heating
and cooling costs compared to the current building standard of
6-Stars (21 April 2022). Read more here.
How the right productivity gains can get Australia's
infrastructure up to speed
Australia's infrastructure sector has long been
challenged by barriers to innovation, as well as flaws in
procurement processes and training. A new Engineers Australia
policy discussions paper looks to address that (21 April 2022).
Read more here.
Practice and courts
NSW Fair Trading - Toplace Pty Ltd Building Work
Rectification Order 11-15 Charles Street Canterbury NSW 2193
Toplace Pty Ltd is required to cause building work to be
carried out to remediate the potential serious defects as set out
in paragraph 8 of this Order. Failure to comply with this Order is
a criminal offence (22 April 2022). Read more here.
Our strategy for auditing Design and Building
Practitioners
We want to give the people of NSW confidence in the
building industry. Our audit strategy is designed to help keep
design practitioners and other practitioners accountable (21 April
2022). Read more here.
Corrigendum to NCC 2019 and NCC 2019 Amendment 1
This corrigendum changes expiry dates contained in NCC
2019 and NCC 2019 Amendment 1 relevant to some NCC referenced
documents (14 April 2022). Read more here.
Cases
Reliance Financial Services Pty Ltd v
Antalija Developments No 4 Pty Ltd [2022] NSWSC
519
CONTRACTS - misleading conduct under statute - misleading
or deceptive conduct - third and fourth defendants operate
residential development business through second defendant
- second plaintiff through her agent arranges for residential
development project with third and fifth defendants - first
defendant incorporated to purchase land on unit trust for second
plaintiff, third defendant and fifth defendant themselves as
trustees of separate discretionary trusts - plaintiffs claim
enforcement of contract between unit holders containing clause
giving rise to breach of contract by third defendant and liability
of first defendant to second plaintiff for loan at substantial
interest rate - whether particular clause of contract void for
misleading or deceptive conduct by agent of second plaintiff
- development arrangements made in quasi-familial context
- request by third defendant of agent of second plaintiff
whether legal or financial advice required in respect of contract
- response by agent of second plaintiff that contract
contained 'standard' or 'simple' terms
- failure by agent of second plaintiff to bring third
defendant's attention to unusual term - declaration that
particular clause void ab initio;
EQUITY - trusts and trustees - breaches of trust
- plaintiffs claim that first defendant as corporate trustee
breached its duties by securing loan over trust property to pay
other corporate vehicle of third and fourth defendants
- plaintiffs claim that first defendant breached its duties by
making unauthorised repayment of third and fifth plaintiffs'
contribution to development arrangement - plaintiffs claim
that first defendant breached its duties by entering into costs
agreement with defendants' solicitors - plaintiffs seek
replacement of first defendant as trustee of unit trust
- plaintiffs seek account of unit trust;
AGENCY - liability of principal - relations between
principals and third parties - second plaintiff bound by
misleading or deceptive conduct of agent in respect of third
defendant
Australian Consumer Law, ss 18, 237, 243; Fair Trading Act 1987
(NSW), s 28; Competition and Consumer Act 2010 (Cth), Sch 2;
Trustee Act 1925 (NSW), s 70.
The Owners - Strata Plan No 33368 v
Gittins [2022] NSWCATAP 130
LAND LAW - strata schemes - duty to repair common
property - scope of duty - remedial orders - whether
excessive.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Strata Schemes
Development Act 2015 (NSW); Strata Schemes Management Act 2015
(NSW); Strata Schemes Regulation 2016 (NSW).
Tom v Commissioner of Fair
Trading [2022] NSWCATAD 130
ADMINISTRATIVE LAW - REVIEW OF DECISION BY EXTERNAL
DECISION-MAKER - decision to cancel contractor licence and
disqualify a licence holder pursuant to section 62 of the Home
Building Act 1989 (NSW);
PRACTICE AND PROCEDURE - INTERLOCUTORY ORDER - interim
decision - factors relevant to exercise of the power to make
the interim decision under section 60 of the Administrative
Decisions Review Act 1997 (NSW) - interlocutory decision to
take effect retrospectively.
Administrative Appeals Tribunal Act 1975 (Cth); Administrative
Decisions Review Act 1997; Civil and Administrative Tribunal Act
2013; Civil and Administrative Tribunal Rules 2014; Home Building
Act 1989.
Renbar Constructions Pty Ltd v Sader;
Sader v Renbar Constructions Pty Ltd (No
2) [2022] NSWSC 472
COSTS - where plaintiff successful on its claim and cross-claimant
substantially successful on his cross-claim; whether plaintiff
bettered its Calderbank offer; whether plaintiff should have a
proportion of its costs rather than there being costs orders
following the event in the claim and cross-claim.
Teng v FEV Mono Constructions (No
2) [2022] NSWCATCD 36
COSTS - Civil and Administrative Tribunal Act 2013 (NSW)
Legislation
NSW
Environmental Planning Instruments
Campbelltown Local Environmental Plan 2015
(Amendment No 26) - LW 29 April 2022
Campbelltown Local Environmental Plan 2015
(Amendment No 27) - LW 29 April 2022
Cobar Local Environmental Plan 2012 (Map Amendment
No 1) - LW 29 April 2022
Cumberland Local Environmental Plan 2021 (Amendment
No 4) - LW 29 April 2022
Lachlan Local Environmental Plan 2013 (Map
Amendment No 1) - LW 29 April 2022
Lake Macquarie Local Environmental Plan 2014 (Map
Amendment No 3) - LW 29 April 2022
Lithgow Local Environmental Plan 2014 (Amendment No
6) - LW 29 April 2022
Liverpool Local Environmental Plan 2008 (Amendment
No 63) - LW 29 April 2022
Liverpool Local Environmental Plan Amendment (East
Leppington Precinct) 2022 - LW 29 April 2022
Mid-Western Regional Local Environmental Plan 2012
(Map Amendment No 3) - LW 29 April 2022
Sutherland Shire Local Environmental Plan 2015
(Amendment No 23) (2022-183) - LW 29 April
2022
Wentworth Local Environmental Plan 2011 (Map
Amendment No 1) - LW 29 April 2022
Wollongong Local Environmental Plan 2009 (Amendment
No 50) - LW 29 April 2022
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.