In the media
The housing fight has made it to the streets. Now for
the hard part
In an unprecedented national cabinet meeting, the leaders
agreed to co-operate to unleash housing supply, most importantly by
diluting the planning power of councils. Much attention went to the
target set at that meeting of 1.2 million new homes over five
years, which was ambitious on any assessment and which many doubt
will be met (23 October 2024). Read more here.
Property lobby rejects key Coalition housing policy,
after standing behind Peter Dutton during announcement
The country's biggest property lobbyists stood beside
Peter Dutton to announce the Coalition's $5 billion housing
announcement, including a 10-year freeze on any changes to the
national construction code. The Property Council CEO Mike Zorbas
has since issued a statement to the ABC and written an opinion
piece clarifying he actually supports the "regular
review" of the code (23 October 2024). Read more here.
Why retrofitting homes to be more resilient to natural
disasters makes emotional and financial sense
For nearly a decade, Sasha Mainsbridge has lived on a
flood plain where the risk of flood is a part of life. But she
wasn't prepared for what was to come when the Brunswick River,
immediately behind her Mullumbimby home, flooded in February 2022.
In the aftermath, she faced the mammoth task of rebuilding. It came
with the added challenge of what she called a "pretty
disappointing" lack of information from the NSW Government and
a "hard no" from her insurance companies to rebuild with
more flood-resilient modifications (22 October 2024). Read more here.
Revoking 'zombie' development approvals could
cost the NSW Government millions, MP says
Two NSW Parliamentary inquiries are examining historical
development consents, known as "zombie Das." A community
group advocating for koalas on the New South Wales mid-coast
battling "zombie Das" (development approvals) has left
its members "exhausted" and "traumatised."
Consent authorities can revoke old approvals, but there are
concerns around compensation for developers (22 October 2024). Read
more here.
NSW builders say housing is hamstrung by state insurance
scheme
The NSW Government has launched a review of the Home
Building Compensation fund. Critics of the scheme say it is driving
people out of the industry, pushing up costs and hindering housing
supply (17 October 2024). Read more here.
How straw panels can provide effective protection
against bushfires
Straw might seem like the very last product you'd use
to make your house fire-resistant. But as it turns out, straw
panels, made from waste material that's otherwise burned off or
discarded, are a secret weapon against flames. As well as being a
handy way to prevent fire damage and heat or cold transfers (making
buildings more energy-friendly), the straw panels also put a waste
product to good use (16 October 2024). Read more here.
New Key Worker Accommodation arrives in Narrandera
Three new key worker accommodation units have been
delivered to Narrandera Health Service as part of the NSW
Government's $45.3 million Key Worker Accommodation Program.
Minister for Regional Health Ryan Park announced installation of
the units is now underway off Adams Street on the north side of the
campus (29 October 2024). Read more here.
$4 million extra funding for improved access to advice
and advocacy for tenants as part of plan to make renting fair
The network of 21 local not-for-profit organisations, help
tenants to understand their rights, support them during
negotiations and in resolving disputes, and assist and advocate for
them at the NSW Civil and Administrative Tribunal. Funded by NSW
Fair Trading, these services will be boosted by $1 million extra a
year until 2028. In 2024-25, funding has increased to $16.2m (29
October 2024). Read more here.
More homes for Canterbury, Berala and North
Strathfield
Earlier this year, the NSW Government formed agreements
with 12 of the 13 councils with TOD locations in their local
government area, for how these reforms would be implemented.
Canterbury-Bankstown Council is the first council to take up the
Minister of Planning and Public Spaces' challenge of completing
its own masterplan that goes above and beyond the TOD provisions
with the proposed plans providing capacity for a potential 3,200
new homes around Canterbury station (29 October 2024). Read more here.
Cases
Pafburn Pty Limited (ACN 003 485 505) & Anor v The Owners Strata Plan No 84674 [2024] HCATrans 70
Deutsch Services Pty Ltd v Apex Bespoke Pty
Ltd [2024] NSWCATAP 193
APPEALS – Leave to appeal –
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989
(NSW); Uniform Civil Procedure Rules 2005 (NSW)
Unique Commercial Group Pty Ltd v Cusumano
[2024] NSWCATAP 204
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW)
– Statutory warranty under section 18B – time limit of
statutory warranty under section 48K(7) – "major
defect" for purposes of section 18E(1)(b)
APPEALS – internal appeal under section 80 of the Civil and
Administrative Tribunal Act 2013 as of right "on any question
of law" – relevant principles regarding leave to appeal
– whether a late redraft of the grounds of appeal requires an
extension of time – whether to grant leave to extend time
– the importance of articulating a question of law with
precision
Tang v Secretary, Department of Customer
Service [2024] NSWCATOD 168
ADMINISTRATIVE LAW – Home building – application to
vary licence – individual contractor licence –
application of Instrument – qualification requirements
Administrative Decisions Review Act 1997; Home Building Act 1989
(NSW); Licensing and Registration (Uniform Procedures) Act 2002
(NSW); National Vocational Education and Training Regulator Act
2011
Marriott v Secretary of the Department of
Customer Service [2024] NSWCATOD 169
ADMINISTRATIVE LAW – Home building – application for
individual contractor licence – application of Instrument
– experience requirements
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Home Building Act 1989
(NSW); Licensing and Registration (Uniform Procedures) Act 2002
Commissioner for Fair Trading v Aboukalam
[2024] NSWCATAP 205
APPEAL – administrative review – statutory construction
– section 25 of the Home Building Act 1989 (NSW) –
requirement to find the applicant to be a fit and proper person
– adverse inferences where applicant did not give evidence
– whether inferences sought were conjectures – whether
finding that applicant was fit and proper was legally
reasonable.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Evidence Act 1995 (NSW);
Firearms Act 1996 (NSW); Home Building Act 1989 (NSW);
Interpretation Act 1987 (NSW); Motor Dealers and Repairers Act 2013
(NSW); Plumbing and Drainage Act 2011 (NSW)
Legislation
Government Bills
Energy Amendment (Long Duration Storage and Investment) Bill 2024 – introduced LC 24 October 2024
Environmental Planning and Assessment Amendment (State Significant Development) Bill 2024 – introduced LA 16 October 2024, passed LA 23 October 2024, introduced LC for concurrence 24 October 2024
Royal Botanic Gardens and Domain Trust Amendment Bill 2024 – introduced LA 25 September 2024, passed LA 18 October 2024, introduced LC for concurrence 22 October 2024
Passed by both Houses
Residential Tenancies Amendment Bill 2024 – introduced LA 15 October 2024, amended in LA 23 October 2024, passed LA 23 October 2024, introduced LC for concurrence 24 October 2024, amended in LC and referred to LA 24 October 2024, LA agreed to LC amendment 24 October 2024, passed by both Houses 24 October 2024
Agriculture Commissioner Bill 2024 – introduced LC 17 September 2024, amended in LC 15 October 2024, passed LC 15 October 2024, introduced LA for concurrence 16 October 2024, passed by both Houses 18 October 2024
As made
Environmental Planning and Assessment Amendment (Certification) Act 2024 No 72 – assented to 23 October 2024
Regional Communities (Consultation Standards) Act 2024 No 70 – assented to 23 October 2024
Water Management Amendment (Water Access Licence Register Reform) Act 2024 No 69 – assented to 23 October 2024
Strata Schemes Management Amendment (Strata Bond) Regulation 2024 No 9 – assented to 25 October 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.
