ARTICLE
22 September 2024

Residential Focus:In The Media,Published – Articles, Papers, Reports, Cases And Legislation

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Holding Redlich

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Holding Redlich, a national commercial law firm with offices in Melbourne, Canberra, Sydney, Brisbane, and Cairns, delivers tailored solutions with expert legal thinking and industry knowledge, prioritizing client partnerships.
Articles, papers, reports, cases and legislation in the media.
Australia Real Estate and Construction

In the media

Criminal elements still influential in CFMEU construction division, report finds
A preliminary investigation into the CFMEU's construction division has found it is still influenced by bikies and attempts to remove criminal elements were "inadequate", following its entry into administration. The investigation by Geoffrey Watson SC found the union was "caught up in a cycle of lawlessness". (16 September 2024) Read more here.

Higher towers, smaller homes, fewer car spaces recommended to solve NSW housing crisis
A report released by the Productivity and Equality Commission today has flagged a number of recommendations to help New South Wales to meet its housing targets. Despite NSW committing to building 377,000 new homes by mid-2029, building approvals have lagged this year. The report states that more higher-density zones and cutting apartment design requirements are some measures that could help the state reach its housing targets. (11 September 2024) Read more here.

Home values hit record highs, climbing in all states except Victoria
Property values around the country have surged to record highs, with the average Australian home now worth more than $970,000, as values soar across NSW but grind down in Victoria. The numbers could be a worry for the Reserve Bank if households feel wealthier because of the rising value of their properties and spend more as a result, defying its efforts to curb spending. (10 September 2024). Read more here.

Developer to launch audacious bid for the old Sydney Fish Market
A former development proponent of the Sydney Fish Market is staking an audacious claim to legal rights over the old site in a move that will create more drama for the government as it prepares to open new state-of-the-art premises next door. Dominic Galati, an infant formula entrepreneur who was part of a joint venture proposing to develop the existing site a decade ago, has asked Premier Chris Minns through his solicitors to freeze the expressions of interest process for tenancies at the new site while matters arising from a decision by the NSW Court of Appeal last year are investigated. (14 September 2024). Read more here.

Published – articles, papers, reports

More than two-thirds of Australian homes have building issues, new report says
New Australian Housing and Urban Institute research has found that about 70 per cent of households have reported building quality problems. It also found that most of Australia's existing housing stock was energy-inefficient, with an energy rating of three stars or lower, and were of poor quality. (10 September 2024). Read more here.

Cases

Ultra Construction Pty Ltd v Lift Shop Pty Ltd [2024] NSWSC 1150
APPEAL AND REVIEW – appeal from the Local Court – contract – contract for the construction of a lift in residential premises – whether Magistrate erred by failing to make a finding as to the commencement date of the contract – whether Magistrate erred by finding time for performance ran from initialling of the contract – whether Magistrate erred in finding no repudiation by Lift Shop – whether Magistrate failed to take into account critical evidence – whether Magistrate erred in finding there was no contractual obligation to install – whether Magistrate failed to provide adequate reasons

Roxy Pacific Killara Pty Ltd v The Owners – Strata Plan 10053 [2024] NSWCATAP 177
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – S 48O discretion – Defects

Thakur v Secretary, Department of Customer Service [2024] NSWCATOD 150
ADMINISTRATIVE LAW – administrative review – Home Building – applications for contractor licences – individual and company – employee – remuneration – not a subcontractor

Legislation

Environmental Planning Instruments

Bega Valley Local Environmental Plan 2013 (Amendment No 46) (2024-481) – published LW 13 September 2024

Blue Mountains Local Environmental Plan 2015 (Amendment No 22) (2024-482) – published LW 13 September 2024

Byron Local Environmental Plan 2014 (Amendment No 42) (2024-483) – published LW 13 September 2024

Parramatta Local Environmental Plan 2023 (Amendment No 10) (2024-484) – published LW 13 September 2024

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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