In the media
Architects on standby to help in natural disastersThe Australian Institute of Architects has relaunched its community-based program Architects Assists to provide communities affected by natural disasters and other adversity with practical guidance and a platform for architecture services (26 April 2023). More...
Builder Eight Homes in voluntary administration, blames
rising costs
The parent company of Melbourne builders Eight Homes and
Urbanedge Homes has entered voluntary administration, telling its
customers "all builders are facing unprecedented
challenges" because of the rising costs of materials and
labour (21 April 2023). More.
Tax reform needed to address housing affordability
One of the main contributors to the cost of housing is the
significant tax added to build a house. The HIA proposes that the
Federal Budget provides an opportunity to reform home building
taxes (20 April 2023). More.
In practice and courts
Australian Building Codes Board: Update: Advice on the
new lead requirements
The 2022 edition of the National Construction Code (NCC)
will introduce a new limit for the allowable level of lead in
plumbing products used for drinking water. The Australian Building
Codes Board (ABCB) agreed to a three-year transition period to
allow industry to make the necessary changes to provide products to
the market in compliance with this requirement (24 April 2023). More...
Housing Industry Association: Submission to Safe Work
Australia on the prohibition on the use of engineer stone
The Housing Industry Association has provided its
submission on the issue of workers exposure to respirable
crystalline silica (RCS) when working with engineered stone. More...
Published - articles, papers, reports
Housing Industry Association: Sales of new homes
continue to fall in March
There was a decline of 7.2 per cent in March compared to
the previous month of the sale of new homes across Australia (20
April 2023). More...
Housing Industry Association: NSW needs stamp duty
reform
The Housing Industry Association's Stamp Duty Watch
report reviews the latest developments around stamp duty (20 April
2023). More...
Standards Australia: Standards Australia and OBC partner
to improve fire safety in NSW
In response to the findings by the Office of the NSW
Building Commissioner (OBC), Standards Australia and the OBC are
partnering in an effort to improve fire safety in the state's
residential apartment buildings (18 April 2023). More...
Cases
Mulvenna v Tuan Golden Pty Ltd [2023]
NSWCATAP 108
ADMINISTRATIVE LAW - particular administrative bodies -
NSW Civil and Administrative Tribunal - application for leave to
appeal on the basis of new evidence not reasonably available prior
to the hearing at first instance - application refused - no
question of principle.
Civil and Administrative Tribunal Act 2013 (NSW) and Home Building
Act 1989.
Parkview Constructions Pty Ltd v The
Owners - Strata Plan No 90018 [2023] NSWCA
66
BUILDING AND CONSTRUCTION - residential building work -
statutory warranties under Home Building Act 1989 (NSW) - claims by
owners corporation against builder and developer - whether claims
statutory or contractual - whether single cause of action for
breach of contract - whether amendments to introduce new defects
more than six years after completion of building work should be
permitted - consideration of Onerati v Phillips Constructions Pty
Ltd (in liq) (1989) 16 NSWLR 730 holding that builder had res
judicata defence when owners sought to raise further defects -
consideration of amendments overturning result in Onerati -
legislative amendments did not alter nature of claim for breach of
contract - appeal from decision permitting owners corporation's
amendments dismissed.
Australian Consumer Law; Civil Liability Act 2002(NSW); Civil
Procedure Act 2005 (NSW); Corporations Act 2001 (Cth); Design and
Building Practitioners Act 2020 (NSW); Frustrated Contracts Act
1978; Home Building Act 1989; Home Building Amendment (Statutory
Warranties) Act 2006 (NSW): Home Building Amendment (Warranties and
Insurance) Act 2010 (NSW); Interpretation Act 1987 (NSW):
Limitation Act 1969 (NSW); Restraints of Trade Act 1976 (NSW);
Strata Schemes (Freehold Development) Act 1973 (NSW); Strata
Schemes Management Act 1996 (NSW); Supreme Court Act 1970 (NSW) and
Uniform Civil Procedure Rules 2005 (NSW).
Schrader v David Broach t/as David Broach
Building Services [2023] NSWDC 97
BUILDING AND CONSTRUCTION - Australian Consumer Law -
unconscionability - misleading and deceptive conduct - defective
work - budget report - unpaid invoices - quantum merit.
CONTRACT - cost-plus contract - breach of contract - implied terms
- good faith - consequence of breach - damages - whether
termination by acceptance of repudiation.
Australian Consumer Law and Home Building Act 1989 (NSW).
Durastyle Homes Pty Limited v Gosling
[2023] NSWCATAP 111
APPEALS - procedure - time limits - extension of
time refused.
Civil and Administrative Tribunal Act 2013 (NSW) and Home Building
Act 1989 (NSW).
Cuthbert v The Owners - Strata Plan No
34194 [2023] NSWCATAP 107
APPEALS - whether leave to appeal should be granted
- whether leave to adduce further evidence should be granted
- whether appeal should be dismissed.
Civil and Administrative Tribunal Act 2013 and Home Building Act
1989.
The Owners - Strata Plan No 97315 v Icon
Co (NSW) Pty Ltd [2023] NSWSC 363
BUILDING AND CONSTRUCTION - defective sunshades on
façade of residential tower - referral of issues to referee
- referee to determine whether builder liable and, if so, what is
the proper rectification method - referee finds builder liable in
respect of structurally inadequate sunshades - referee faced with
competing rectification methods - referee concludes that C Bracket
Solution is proper rectification method - whether referee
misconstrued contract in finding that C Bracket Solution would
achieve conformity with the contract - whether referee's
findings concerning visibility of brackets perverse or based upon a
failure to understand evidence - held that referee made no error of
principle, and his findings of fact were clearly open to him - not
appropriate to exercise discretion to reject or vary the
referee's report - motion dismissed.
Home Building Act 1989 (NSW); Supreme Court Rules 1970 (NSW) and
Uniform Civil Procedure Rules 2005 (NSW).
Legislation
NSW Legislation
Environmental Planning Instruments
Albury Local Environmental Plan 2010 (Map Amendment
No 1) - published LW 21 April 2023
Armidale Regional Local Environmental Plan 2012
(Map Amendment No 1) - published LW 21 April 2023
Bathurst Regional Local Environmental Plan 2014
(Map Amendment No 3) - published LW 21 April 2023
Bayside Local Environmental Plan 2021 (Map
Amendment No 3) - published LW 21 April 2023
Bellingen Local Environmental Plan 2010 (Map
Amendment No 1) - published LW 21 April 2023
Blacktown Local Environmental Plan 2015 (Map
Amendment No 2) - published LW 21 April 2023
Bland Local Environmental Plan 2011 (Map Amendment
No 1) - published LW 21 April 2023
Blayney Local Environmental Plan 2012 (Map
Amendment No 1) - published LW 21 April 2023
Bogan Local Environmental Plan 2011 (Map Amendment
No 1) - published LW 21 April 2023
Bourke Local Environmental Plan 2012 (Map Amendment
No 1) - published LW 21 April 2023
Burwood Local Environmental Plan 2012 (Map
Amendment No 1) - published LW 21 April 2023
Byron Local Environmental Plan 2014 (Amendment No
37) - published LW 21 April 2023
Cabonne Local Environmental Plan 2012 (Map
Amendment No 2) - published LW 21 April 2023
Campbelltown Local Environmental Plan 2015 (Map
Amendment No 10) - published LW 21 April 2023
Canada Bay Local Environmental Plan 2013 (Map
Amendment No 3) - published LW 21 April 2023
Carrathool Local Environmental Plan 2012 (Map
Amendment No 1) - published LW 21 April 2023
Central Coast Local Environmental Plan 2022 (Map
Amendment No 8) - published LW 21 April 2023
Dubbo Regional Local Environmental Plan 2022 (Map
Amendment No 3) - published LW 21 April 2023
Great Lakes Local Environmental Plan 2014 (Map
Amendment No 7) - published LW 21 April 2023|
Greater Taree Local Environmental Plan 2010 (Map
Amendment No 2) - published LW 21 April 2023
Hornsby Local Environmental Plan 2013 (Map
Amendment No 3) - published LW 21 April 2023
Inner West Local Environmental Plan Amendment (Land
Use Zones) 2023 - published LW 21 April 2023
Kempsey Local Environmental Plan 2013 (Map
Amendment No 4) - published LW 21 April 2023
Ku-ring-gai Local Environmental Plan 2015
(Amendment No 32) - published LW 21 April 2023
Leeton Local Environmental Plan 2014 (Map Amendment
No 2) - published LW 21 April 2023
Lismore Local Environmental Plan 2012 (Map
Amendment No 5) - published LW 21 April 2023
Liverpool Local Environmental Plan 2008 (Map
Amendment No 6) - published LW 21 April 2023
Maitland Local Environmental Plan 2011 (Map
Amendment No 4) - published LW 21 April 2023
Mid-Western Regional Local Environmental Plan 2012
(Map Amendment No 6) - published LW 21 April 2023
Mid-Western Regional Local Environmental Plan 2012
(Map Amendment No 8) - published LW 21 April 2023
Mosman Local Environmental Plan 2012 (Map Amendment
No 1) - published LW 21 April 2023
Murray Local Environmental Plan 2011 (Map Amendment
No 2) - published LW 21 April 2023
Muswellbrook Local Environmental Plan 2009 (Map
Amendment No 3) - published LW 21 April 2023
Nambucca Local Environmental Plan 2010 (Map
Amendment No 1) - published LW 21 April 2023
North Sydney Local Environmental Plan 2013 (Map
Amendment No 1) - published LW 21 April 2023
Port Macquarie-Hastings Local Environmental Plan
2011 (Map Amendment No 5) - published LW 21 April
2023
Queanbeyan-Palerang Regional Local Environmental
Plan 2022 (Map Amendment No 2) - published LW 21
April
2023
Ryde Local Environmental Plan 2014 (Amendment No
31) - published LW 21 April 2023
Ryde Local Environmental Plan 2014 (Map Amendment
No 2) - published LW 21 April 2023
Singleton Local Environmental Plan 2013 (Map
Amendment No 3) - published LW 21 April 2023
Snowy River Local Environmental Plan 2013 (Map
Amendment No 1) - published LW 21 April 2023
Wakool Local Environmental Plan 2013 (Map Amendment
No 2) - published LW 21 April 2023
Warringah Local Environmental Plan 2011 (Map
Amendment No 3) - published LW 21 April 2023
Wentworth Local Environmental Plan 2011 (Map
Amendment No 4) - published LW 21 April 2023
Wollondilly Local Environmental Plan 2011 (Map
Amendment No 5) - published LW 21 April 2023
Wollondilly Local Environmental Plan 2011 (Map
Amendment No 6) - published LW 21 April 2023
Bega Valley Local Environmental Plan 2013 (Map
Amendment No 4) - published LW 14 April 2023
Central Darling Local Environmental Plan 2012 (Map
Amendment No 1) - published LW 14 April 2023
Cessnock Local Environmental Plan 2011 (Map
Amendment No 6) - published LW 14 April 2023
Clarence Valley Local Environmental Plan 2011 (Map
Amendment No 5) - published LW 14 April 2023
Coolamon Local Environmental Plan 2011 (Map
Amendment No 1) - published LW 14 April 2023
Corowa Local Environmental Plan 2012 (Map Amendment
No 1) - published LW 14 April 2023
Gloucester Local Environmental Plan 2010 (Map
Amendment No 2) - published LW 14 April 2023
Hunters Hill Local Environmental Plan 2012 (Map
Amendment No 1) - published LW 14 April 2023
Ku-ring-gai Local Environmental Plan 2015 (Map
Amendment No 4) - published LW 14 April 2023
Kyogle Local Environmental Plan 2012 (Map Amendment
No 1) - published LW 14 April 2023
Lane Cove Local Environmental Plan 2009 (Map
Amendment No 1) - published LW 14 April 2023
Liverpool Plains Local Environmental Plan 2011 (Map
Amendment No 1) - published LW 14 April 2023
Manly Local Environmental Plan 2013 (Map Amendment
No 2) - published LW 14 April 2023
Pittwater Local Environmental Plan 2014 (Map
Amendment No 3) - published LW 14 April 2023
Queanbeyan-Palerang Regional Local Environmental
Plan 2022 (Map Amendment No 1) - published LW 14
April
2023
Strathfield Local Environmental Plan 2012 (Map
Amendment No 1) - published LW 14 April 2023
Upper Lachlan Local Environmental Plan 2010 (Map
Amendment No 2) - published LW 14 April 2023
Wagga Wagga Local Environmental Plan 2010 (Map
Amendment No 11) - published LW 14 April 2023
Wagga Wagga Local Environmental Plan 2010 (Map
Amendment No 12) - published LW 14 April 2023
Walcha Local Environmental Plan 2012 (Map Amendment
No 1) - published LW 14 April 2023
Wingecarribee Local Environmental Plan 2010 (Map
Amendment No 6) - published LW 14 April 2023
Woollahra Local Environmental Plan 2014 (Map
Amendment No 2) - published LW 14 April 2023
Legislative instrument compilation
Work Health and Safety Regulations
2011(19/04/2023) - as amended
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.