In the media

Government introduces lower tax rate for build-to-rent housing
The Property Council of Australia has welcomed the Australian Government's announcement to lower the Managed Investment Trust withholding tax rate from 30 to 15 per cent for build-to-rent housing projects (28 April 2023). More...

Weather events expected to trigger escalated strata insurance
As climate change triggers a growing number of extreme and catastrophic weather events, Australian homeowners and commercial building owners will have to pay more to properly insure their properties for weather-related threats, such as cyclones, according to Pilot Body Corporate (27 April 2023). More...

Builders fear a return of contracts loaded with risk
Builders who have spent years pushing back against contracts that stack the odds of rising costs and delays against them fear a return to major projects loaded with risk as inflation surges (3 May 2023). More...

Construction Insolvencies hit a nine-year high
Construction industry insolvencies have marched up to a nine-year high, the latest figures from corporate regulator ASIC show, as the "Ponzi scheme" of an industry relying hand-to-mouth on cash flow cuts a swath through companies squeezed by rising costs and fixed-price projects (2 May 2023). More...

In practice and courts

Decisions reserved as at 28 April 2023
The Court of Appeal maintains a list of matters before the Court for which judgment is reserved. Read more here.

National Construction Code: NCC 2022 adopted
1 May 2023 marks the adoption of the National Construction Code (NCC) 2022 by the states and territories (1 May 2023). Read more here.

Australian Building Codes Board: Lead in plumbing products – Implementation Plan
This Implementation Plan is a roadmap for the national transition to low lead plumbing products through NCC 2022 that commenced on 1 May 2023. Read more here.

Published – articles, papers, reports

Australian Bureau of Statistics: Building Approvals, Australia
The Australian Bureau of Statistics has released its latest statistics on the number of dwelling units and value of the buildings approved for March 2023 reference period (8 May 2023). Read more here.

National Construction Code: Transition to lead free plumbing products starts now
A 3 year transition period to support Australia's path to reducing allowable lead levels in many plumbing products commenced on 1 May 2023 with the NCC 2022. The Lead Free WaterMark trademark has been registered and WaterMark Notice of Direction 2021/4.2 Certification transition arrangements for lead free plumbing products has been published on the ABCB website (3 May 2023). Read more here.

Building Designers Association of Australia: What's new about NCC 2022
On 1 May 2023 all states and territories have adopted the National Construction Code (NCC) 2022. The first stage of these changes includes liveable housing guidelines, housing provision standards, consistent volume structure and the requirement of lead free plumbing products. Read more here.

Cases

El Rihani v Hotait (No 2) [2023] FCA 375
CONTRACT – separation and termination of construction and development business – Deed of Separation – whether obligation to make contributions into Trust Account for liabilities of jointly held construction company – where liabilities of jointly held construction company disputed – whether claims for contribution made bona fide – whether indemnity obligations under Deeds of Guarantee and Indemnity signed on same day as Deed of Separation are triggered by obligations imposed by Deed of Separation.
Federal Court of Australia Act 1976 (Cth); Federal Court Rules 2011 (Cth) and Home Building Act 1989 (NSW).

Promina Design & Construction Pty Ltd v The Owners – Strata Plan No. 97449 [2023] NSWCATAP 122
APPEAL – application for a stay – whether order transferring proceedings from Tribunal to a Court capable of being stayed by Appeal Panel of the Tribunal – whether order transferring proceedings had already been given effect to or has future effect.
Civil and Administrative Tribunal Act 2013 (NSW); Civil Procedure Act 2005 (NSW) and Home Building Act 1989 (NSW).

Carolan v Haghparast [2023] NSWCATAP 121
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – questions of law – other errors – construction of contractual terms.
Civil and Administrative Tribunal Act 2013 (NSW) and Home Building Act 1989 (NSW).

Legislation

NSW Legislation

Regulation and other miscellaneous instruments

Environmental Planning Instruments
Shoalhaven Local Environmental Plan 2014 (Map Amendment No 10) – published LW 5 May 2023
Coonamble Local Environmental Plan Amendment (Transport and Infrastructure) (Map Amendment No 1) – published LW 5 May 2023
Tamworth Regional Local Environmental Plan 2010 (Amendment No 25) – published LW 5 May 2023
Queanbeyan-Palerang Regional Local Environmental Plan 2022 (Amendment No 3) – published LW 5 May 2023
Inner West Local Environmental Plan 2022 (Amendment No 2) – published LW 5 May 2023
Dubbo Regional Local Environmental Plan 2022 (Map Amendment No 5) – published LW 5 May 2023
Inner West Local Environmental Plan 2022 (Amendment No 3) – published LW 5 May 202
Administrative Arrangements (Administrative Changes – Miscellaneous) Order (No 3) 2023 – published LW 3 May 2023
NSW Greyhound Racing Rules (2023-235) – published LW 1 May 2023
Final Determination under the Biodiversity Conservation Act 2016 – published LW 28 April 2023
Bega Valley Local Environmental Plan 2013 (Map Amendment 5) – published LW 28 April 2023
NSW Admission Board Amendment (Fees) Rule 2023 – published LW 28 April 2023
Fairfield Local Environmental Plan 2013 (Map Amendment No 5) – published LW 28 April 2023
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 6) – published LW 28 April 2023
Hornsby Local Environmental Plan 2013 (Map Amendment No 4) – published LW 28 April 2023
Sydney Local Environmental Plan 2012 (Amendment No 90) – published LW 28 April 2023
Shellharbour Local Environmental Plan 2013 (Map Amendment No 3) – published LW 28 April 2023
Waverley Local Environmental Plan 2012 (Map Amendment No 1) – published LW 28 April 2023
Sydney Local Environmental Plan 2012 (Map Amendment No 4) – published LW 28 April 2023
Randwick Local Environmental Plan 2012 (Amendment No 10) – published LW 28 April 2023
Richmond Valley Local Environmental Plan 2012 (Map Amendment No 1) – published LW 28 April 2023
Inner West Local Environmental Plan 2022 (Map Amendment No 1) – published LW 28 April 2023
Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 8) – published LW 28 April 2023
Wollongong Local Environmental Plan 2009 (Map Amendment No 3) – published LW 28 April 2023
Port Macquarie-Hastings Local Environmental Plan 2011 (Map Amendment No 6) – published LW 28 April 2023
Orange Local Environmental Plan 2011 (Map Amendment No 5) – published LW 28 April 2023
Mid-Western Regional Local Environmental Plan 2012 (Map Amendment No 7) – published LW 28 April 2023
Port Stephens Local Environmental Plan 2013 (Map Amendment No 6) – published LW 28 April 2023

Commonwealth legislation

Act Compilation
Workplace Gender Equality Act 2012 08/05/2023 – Act No. 91 of 1986 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.