In the media
Is it time to buy the worst house in the best street
yet?
It is evident that buyers are avoiding
'fixer-uppers' due to increasing construction costs and the
uncertainty surrounding what the renovations are going to cost at
the moment (29 September 2022). More.
Class action threatened over WestConnex property damage
claims
The NSW government is being threatened with a class action
suit from homeowners in Sydney's inner suburbs with claims that
their properties have been damaged due to the construction of the
multibillion-dollar WestConnex motorway (30 September 2022). More.
How sustainable building materials could help the
construction sector overcome worker shortages
It has been found that engineered timber products are more
expensive but require less labour than traditional materials.
However, due to severe worker shortages in the construction sector,
'going green' could be for the greater good of the
environment (28 September 2022). More.
Rocky outlook for home building sector
The home building sector looks to remain subdued until
2026 due to high interest rates, soaring inflation and ongoing
labour and material shortages. Masters Builders CEO has advised
that the residential construction industry had faced long-term
challenges such as land shortages and delayed approvals for land
title and building applications (27 September 2022). More.
In practice and courts
The NSW Government is working to increase confidence in the building and construction industry. They want to hear from builders, specialist tradespeople, building professionals, developers, building owners, certifiers, strata managers fire safety practitioners and members of the public. The consultations is open until 7 October 2022. Read more here.
Published - articles, papers, reports
Engineering Construction Activity, Australia
The Australian Bureau of Statistics estimates the value of
engineering construction work done, commenced and yet to be done.
Read more here.
Cases
Vujica v TNM Roofing Pty
Ltd [2022] NSWCATAP
305
BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) -
Enforceability of contract - requirement for writing - whether
non-compliance with s 7 requirements renders contact unenforceable
by contractor EVIDENCE - admissibility where rules of evidence do
not apply - Procedural Direction 3 - Expert Evidence - failure to
sign and date report - procedural fairness
Australian Consumer Law (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Evidence Act 2005 (NSW); Fair Trading Act 1987 (NSW); Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW); Statute Law (Miscellaneous Provision) Act (No 2) 2001 (NSW)
Green Power Planet Pty Ltd v
Deschanel [2022] NSWCATAP
314
APPEALS - refusal to allow fresh evidence as reasonably
available before initial hearing - renewal of proceedings following
non-compliance with work order - money order made - decision not to
make further work order open to the Tribunal - leave to appeal
refused.
Civil and Administrative Tribunal Act 2013; Home Building Act 1989
Onslow v Cullen
[2022] NSWSC 1257
BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) -
Statutory warranty - Proceedings for breach - where contract
extracted statutory warranties - where proceedings for minor defect
brought after two years - where magistrate found limitation periods
in s 18E did not apply - where prefatory words "to the extent
required by the Home Building Act" used - held to incorporate
limitation period APPEALS - Procedural fairness - where party made
concession in case summary prepared in accordance with practice
note - where magistrate disregarded concession - held to constitute
a denial of procedural fairness APPEALS - Procedural fairness -
Failure to give reasons - where preliminary ruling made subject to
any authorities being brought to magistrate's attention -
unorthodox approach - failure to address principal submissions of
one party in reasons APPEALS - from Local Court to Supreme Court -
where grounds involved statutory interpretation and denial of
procedural fairness - where held to involve questions of law -
leave not required
Civil Procedure Act 2005 (NSW); Home Building Act 1989 (NSW); Limitation Act 1969 (NSW); Local Court Act 2007 (NSW); Uniform Civil Procedure Rules 2005 (NSW)
Oslear v Commissioner of Fair
Trading [2022] NSWCATOD
110
ADMINISTRATIVE LAW - administrative review of decision to
refuse an owner builder permit for the construction of a detached
dual occupancy - whether special circumstances exist justifying the
issue of a permit - meaning of special circumstances in s 32(1A) of
the Home Building Act 1989 - no special circumstance found
Administrative Decisions Review Act 1989 (NSW); Home Building Act 1989 (NSW); Home Building Amendment Act 2014 (NSW); Interpretation Act 1987 (NSW)
Warburton v County Construction (NSW)
Pty Ltd [2022] NSWSC
1281
BUILDING AND CONSTRUCTION - Contract - Damages -
Quantification - Quantification of damages for the rectification of
defects - Where there is disagreement between expert witnesses as
to quantification
Forte Sydney Construction Pty Ltd v N
Moit & Sons (NSW) Pty Ltd [2022] NSWCA
186
CONTRACTS - Formation - Acceptance of offer - Acceptance
by conduct - Where the parties each propounded draft documents -
Where neither party expressly accepted the draft provided by the
other party - Where respondent commenced works - Whether respondent
by its conduct accepted the contract propounded by the
appellant
CONTRACTS - Formation - Subsequent conduct - Where appellant sought variation of the works ostensibly in accordance with contract provisions - Extent to which subsequent conduct is relevant to questions of formation
Piety Constructions Pty Ltd v Hville
FCP Pty Ltd [2022] NSWSC
1318
BUILDING AND CONSTRUCTION - where payment schedule under
Building and Construction Industry Security of Payment Act 1999
(NSW) served using Procore electronic information exchange system -
whether provision in building contract concerning electronic
service of documents engaged - whether payment schedule provided
within 10 day limit in s 14 of the Act - whether electronic service
deemed to occur at 9.30am on day following electronic receipt -
where developer had actual notice of payment schedule on the
evening of receipt - whether plaintiff builder entitled to recover
claimed amount under s 15 of the Act
Building and Construction Industry Security of Payment Act 1999 (NSW); Corporations Act 2001 (Cth); Electronic Transactions Act 200 (NSW)
Rengasamy v Chief Commissioner of
State Revenue [2022] NSWCATAD
272
TAXES AND DUTIES - First Home Owner Grant (New Homes) -
substantially renovated home
A New Tax System (Goods and Services Tax) Act 1999 (Cth); Administrative Decisions Review Act 1997 (NSW); Duties Act 1997 (NSW); First Home Owner Grant (New Homes) Act 2000 (NSW); Taxation Administration Act 1996 (NSW)
Legislation
Regulations and other miscellaneous instruments
Environment Planning and Assessment Amendment
(Conflict of Interest) Regulation 2022 -
published LW 30 September 2022
Strata Schemes Management Amendment (Miscellaneous)
Regulation 2022- published LW 30 September
2022
Environmental Planning Instruments
Goulburn Mulwaree Local Environmental Plan 2009
(Map Amendment No 8) - published LW 30 September 2022
Port Stephens Local Environmental Plan 2013
(Amendment No 40) - published LW 30 September 2022
State Environmental Planning Policy Amendment
(Parramatta CBD) 2022 - published LW 30 September 2022
Sydney Local Environmental Plan 2012 (Amendment No
78) - published LW 30 September 2022
Warringah Local Environmental Plan 2011 (Map
Amendment No 2) - published LW 30 September 2022
Waverley Local Environmental Plan 2012 (Amendment
No 24) - published LW 30 September 2022
Coffs Harbour Local Environmental Plan 2013
(Amendment No 28) - published LW 23 September 2022
Fairfield Local Environmental Plan 2013 (Amendment
No 43) - published LW 23 September 2022
Georges River Local Environmental Plan 2021
(Amendment No 3) - published LW 23 September 2022
State Environmental Planning Policy
(Precincts-Western Parkland City) Amendment (Wilton Town Centre
Precinct) (No 2) 2022- published LW 23 September 2022
State Environmental Planning Policy Amendment
(Coastal Mapping and Native Vegetation) 2022- published LW 23
September 2022
Wingecarribee Local Environmental Plan 2010
(Amendment No 64) - published LW 23 September 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.