In the media
Is LDI the right answer to the building defects
crisis?
The NSW government is bidding to introduce a 10-year
liability insurance or latent defects insurance
(LDI). LDI would enable an apartment
building's owners corporation to have a serious defect fixed up
to 10 years after the building is first occupied (8 November 2023).
Read more
here.
Walker Corporation subject to new probity framework
after probe into rezoning of Appin development
In November last year the former Coalition government
announced it intended to fast-track the construction of almost
13,000 homes at Appin in the Wollondilly local government area.
However, two months later, it was announced the decision would be
reviewed (3 November 2023). Read more
here.
Hundreds of new homes unlocked for Parramatta
The Minns Labor Government will rezone part of Parramatta
to provide housing for hundreds more families and singles, making
the most of the city's new light rail route. With support from
Parramatta Council, the state-led rezoning of Parramatta's
Church Street North precinct will form part of efforts to address
NSW's long-term housing supply crisis. This area north of the
Parramatta River straddles the light rail line, which is due to
open next year (26 October 2023). Read the NSW Government media
release
here.
Engineered stone ban needed to protect workers from
silicosis, SafeWork Australia report says
A new report has called for a ban on all engineered stone
in Australia, but governments will not make any changes until they
decide on a "national response". Engineered stone has
been linked to a surge in permanent lung disease due to its high
silica content. The most common is silicosis. National Workplace
Relations Minister, Tony Burke, says that the "final report is
powerful and compelling" (26 October 2023). Read more
here.
Buyers of defective Imperial Towers apartments in Sydney
allowed to break contracts, recoup deposits in 'radical'
first
Nearly 100 people who purchased defective apartments in a
Western Sydney development will have their contracts rescinded and
deposits returned under a landmark agreement. The undertaking,
struck between the NSW building commissioner and a developer in
receivership, is the first of its kind and designed to serve as a
caution for financiers considering lending to risky developers (27
October 2023). Read more
here.
In practice and court
NCAT Online Services launches on 20 November 2023
The Consumer and Commercial Division launches the new NCAT
Online Services on Monday 20 November 2023. This is set to improve
customers' experience by allowing, for example, forms to be
saved as drafts (3 November 2023). Read more
here.
Publications
National Construction Code's Sound Transmission and
Insulation in Buildings handbook
This handbook assists in understanding the sound
insulation regulatory requirements of the NCC in volumes One and
Two that apply to Class 1, 2, 3 and 9c buildings (November 2023).
Read the handbook
here.
New online application process for Work Health &
Safety entry permits
The NSW Industrial Relations Commission has launched the
new online application process for Right to Entry and Work Health
and Safety permits on the Commission's website. the Entry
Permits look identical to the previous hard copy versions but will
also include a QR code to enable a person to verify the Entry
Permit in real time. All permits and application forms and their
content are a secure digital PDF with QR code and are protected to
ensure robust security to prevent any edits to the PDF other than
by the Commission (26 October 2023). Read the online announcement
here. View the online application here.
Australian Bureau of Statistics Producer Price Indexes
for September Quarter 2023
The Australian Bureau of Statistics (ABS) released its
Producer Price Indexes for the September Quarter 2023, for a range
of industries, including mining, manufacturing, construction and
services industries. For the first time since before the pandemic,
the cost of house building materials has remained unchanged showing
housing building material costs stabilise (27 October 2023). Read
more
here. View the Producer Price Indexes
here.
The HIA's submission to the National Housing and
Homelessness Plan Issues Paper
The Housing Industry Association (HIA)
has published its submission to the National Housing and
Homelessness Plan Issues Paper, the Department of Social Services.
HIA is broadly supportive of the government's long term
National Plan. The HIA's response focuses on measures to
support increasing the supply side delivery of more housing (20
October 2023). Read the HIA's submission
here.
Cases
Dick v
Buildingwise Constructions Pty Ltd (No 2) [2023] NSWCATAP
292
BUILDING AND CONSTRUCTION – quantification of a quantum
meruit claim.
Civil and Administrative Tribunal Act 2013 (NSW), s 36(1); Home
Building Act 1989 (NSW), s 48O.
Gearin v
Commissioner for Fair Trading [2023] NSWCATOD 155
ADMINISTRATIVE LAW - REVIEW OF DECISION BY EXTERNAL DECISION-MAKER
– decision to cancel registration as a certifiers pursuant to
section 48 of the Building Professionals Certifiers Act 2018
(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 – stay.
Administrative Decisions
Review Act 1997 (NSW); Civil and Administrative
Tribunal Act 2013 (NSW); Civil and Administrative
Tribunal Rules 2014 (NSW); Building and Development
Certifiers Act 2018; Building Professionals Act
2005 (NSW); Environment Planning and Assessment Regulation 2000
(NSW).
Amirchian v The
Owners – Strata Plan no 99357 [2023] NSWCATAP
286
APPEAL – claim under s 106 of the Strata Schemes Management Act
2015 (NSW) for compensation as a lot owner – whether the
evidence established loss – whether the reasons given by the
Tribunal at first instance were adequate and/or reasonable –
consideration of the obligations under s 52 of the Residential Tenancies Act
2010 (NSW) – whether there should be a remittal or
whether the Appeal Panel should award compensation in favour of the
Appellant having determined to set aside the decision at first
instance.
Civil and Administrative
Tribunal Act 2013 (NSW); Residential Tenancies Act
2010 (NSW); Strata
Schemes Management Act 2015 (NSW).
Ikona Developments
Pty Ltd v Tierney [2023] NSWCATAP 281
APPEALS – questions of law – procedural fairness.
APPEALS – measure of damages - fresh evidence.
Civil and Administrative Tribunal Act 2013 (NSW), s 36, 80, 81;
Home Building Act 1989 (NSW), ss 18B, 48A.
Legislation
Assented to
Radiation
Control Amendment Act 2023 No 30 – assented to 24 October
2023
Work
Health and Safety Amendment Act 2023 No 34 – assented to
24 October 2023
Regulations and Miscellaneous Instruments
Protection
of the Environment Operations (Waste) Amendment (Mixed Waste
Organic Outputs) Regulation 2023 (No 584) – LW 27 October
2023
Environmental
Planning and Assessment Legislation Amendment (Housing and
Productivity Commission) Regulation 2023 (SI 547) –
commenced 1 October 2023
Environmental Planning Instruments
Standard
Instrument (Local Environmental Plans) Amendment (Exceptions to
Development Standards) Order 2023 (EPI 522) – commenced 1
November 2023
Ballina
Local Environmental Plan 1987 (Amendment No 11) (2023 EPI 586)
– LW 27 October 2023
Eurobodalla
Local Environmental Plan 2012 (Amendment No 20) (2023 EPI 588)
– LW 27 October 2023
Georges
River Local Environmental Plan 2021 (Amendment No 6) (2023 EPI
589) – LW 27 October 2023
Griffith
Local Environmental Plan 2014 (Amendment No 7) (2023 EPI 576)
– LW 20 October 2023
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.