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.