In the media
Why so many Australian homes are either too hot or too cold
Much of Australia is enduring the coldest start to winter in decades. But chances are the reason you are cold is not only due to a polar air mass sweeping the country, but because millions of Australian homes are not well insulated. The average Australian home built before 2003 averages just 1.8 stars on a scale from zero to 10 stars under the Nationwide House Energy Rating Scheme (3 July 2024). Read more here.
'Build more houses' sure sounds great as a solution to the housing crisis, but a few factors scream 'buyer beware'
This week marked the beginning of the five-year period over which the Albanese government has claimed its Housing Accord will deliver "1.2 million new, well-located homes". To achieve this target, we will need to build 240,000 new homes each year – or 20,000 a month. This seems as good a time as any to evaluate the reliability of what politicians tell us about housing, and how they're going to make things better (3 July 2024). Read more here.
Inspectors to boost NSW construction industry compliance with first permanent regional team
In response to serious defects in several major building projects, the NSW Building Commission has announced it is establishing a permanent presence in the Illawarra. There are more than 4,000 active construction sites in the region. The government says it will see how the regional pilot works before rolling out permanent teams in other regional areas (28 June 2024). Read more here.
Building homes for New South Wales: First sites identified
The Minns Labor Government is delivering on its commitment to leverage surplus government land to build more homes, more quickly, with the first tranche of sites announced today. In the recent budget, the NSW Government announced it will deliver up to 30,000 well-located homes, close to infrastructure and transport, with amenities and work opportunities, with surplus land to be made available for housing over the next four years (1 July 2024). Read more here.
Historic, world-leading engineered stone ban now in force
The historic ban on engineered stone in NSW and other Australian jurisdictions is in force. This world-leading change prohibits the use, supply and manufacture of engineered stone, and fulfils a vital election commitment. Silicosis, caused by breathing in small particles of silica dust, has devastating effects on the lungs and has become more prevalent in the engineered stone industry (1 July 2024). Read more here.
Low and mid-rise reforms start to take effect
The first of the Minns Labor Government's low and mid-rise housing reforms that increase the permissibility of housing types on low-rise residential land and deliver more homes across NSW, is in effect from 1 July 2024. This will allow development applications for dual occupancies and semi-detached dwellings to be submitted in more R2 residential zones, meaning this option will now be available in 124 local government areas across NSW (29 June 2024). Read more here.
Building Commission expands its quality operations to the Illawarra
Builders considering cutting corners on construction sites in the Illawarra and Shoalhaven should think again with Building Commission NSW establishing a permanent presence in the region from Monday. Following the establishment of the Commission in December 2023, it has moved quickly to broaden its focus to one of the state's busiest building and construction hubs, south of Sydney (28 June 2024). Read more here.
NSW Government to sell land near Sydney CBD to private developers despite affordable housing crisis
A prime parcel of government-owned land in inner-city Sydney is to be sold off to private developers with no requirement for any social or affordable housing to be built. The site on Parramatta Road in Camperdown is just 20 minutes from the CBD and sits on a major transport corridor with a bus stop right outside. Opposition parties have accused the government of breaching a key election commitment (8 July 2024). Read more here.
In practice and courts
Engineered stone ban now in effect
Today marks the commencement of the landmark ban on
engineered stone aimed at protecting Australian workers from
silicosis. The ban prohibits the manufacture, supply, processing
and installation of engineered stone benchtops, panels and slabs
across all Australian states and territories. However, the ban does
not apply to the controlled processing of previously installed
engineered stone benchtops, panels or slabs for the purposes of
removal, repair or minor modification. It also does not apply to
the controlled processing of installed or uninstalled engineered
stone benchtops, panels or slabs for the purposes of disposal (1
July 2024). Read more here.
Published – articles, papers, reports
Have your say – Australian Constructors
Association releases third paper for Foundations and
Frontiers
The third paper, drawing attention to the financial health
of the construction industry, has been released to inform
discussions at Foundations and Frontiers in August 2024. Recent
reports indicate that the industry is facing significant financial
challenges, which is alarming given its crucial role in the
economy. Australian Constructors Association CEO Jon Davies
emphasised that this crisis affects all sectors and extends
throughout the entire supply chain. Read the article here, the paper here and make a submission here.
NCC 2025 Draft – Engineers Australia
submission
This paper restates Engineers Australia's submission
to the Australian Building Codes Board in response to their
National Construction Code (NCC) 2025 Public Comment Draft made via
the ABCB's online form on 1 July 2024 (July 2024). Read more here.
Submission on the review into the Design Building
Practitioners Act 2020
This submission addresses the Terms of Reference requiring
the Public Accounts Committee to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain effective for securing those objectives (July 2024). Read
more here.
Cases
The Owners Strata Plan 80867 v Da Silva
[2024] NSWDC 263
BUILDING AND CONSTRUCTION – Home Building Act 1989 –
contract to undertake residential building work– non est
factum – purported oral variation to scope of works –
waterproofing – failure to comply with Australian Standard
and Building Code of Australia.
BUILDING AND CONSTRUTION – statutory duty of care under
section 37 of Design and Building Practitioners Act 2020 –
waterproofing – failure to comply with Australian Standard
and Building Code of Australia.
Civil Liability Act, 2002; Design and Building Practitioners Act
2020; Home Building Act 1989; Home Building Regulation 2004;
Uniform Civil Procedure Rules.
Kheder v Building Commission NSW [2024]
NSWCATOD 88
PROFESSIONS AND TRADES – Refusal of general building
contractor licence – administrative review of decision
– scope of experience.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Home Building Act 1989
(NSW); Home Building Regulation 2014 (NSW).
Samchris Pty Ltd v Keogh [2024] NSWCATAP
125
APPEALS – appeal on question of law – scope of question
of law – no material error of law – appeal
dismissed.
APPEALS – leave to appeal – principles governing
– leave to appeal refused.
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW)
– building dispute – where the builder breached
statutory warranties – work order made against the
builder.
Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 81, Sch 4,
cl 12; Civil and Administrative Tribunal Rules 2014, r 25;
Electronic Transactions Act 2000 (NSW); Environmental Planning and
Assessment Act 1979 (NSW), s 4; Environmental Planning and
Assessment Regulation 2000 (NSW), cl 98 (repealed); Home Building
Act 1989 (NSW), ss 18B, 18E, 18F, Sch 2, cl 1.
The Owners - Strata Plan No 30691 v
Pickard [2024] NSWCATAP 126
APPEAL – Strata Schemes Management Act 2015 – section
106(5) claim for damages – claim brought outside period of
two years provided for by section 106(6) – whether time can
be extended under section 41 of the Civil and Administrative
Tribunal Act – statutory interpretation – whether the
Appeal Panel should follow an earlier decision of an Appeal Panel
– doctrines of stare decisis and comity.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014; Home Building Act 1989 (NSW);
Interpretation Act 1987 (NSW); Strata Schemes Management Act 2015
(NSW).
Morgan v Pitch Perfect Constructions Pty
Ltd [2024] NSWDC 235
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW)
– jurisdiction.
Australian Consumer Law (NSW); Civil and Administrative Tribunal
Act 2013; Civil Procedure Act 2005; Fair Trading Act 1987; Fair
Trading Regulation 2019; Home Building Act 1989; Home Building
Regulations 2004.
Sui v Jiang [2024] NSWCATAP 128
PROPERTY LAW – strata titles dispute – noise issue
arising from installation of new flooring in a strata scheme unit
– whether owner of the unit was in breach of relevant by-laws
– expert evidence as to noise measurements and applicable
noise rating – tribunal found breach of relevant by-law in
existence when new flooring installed and breach of amended by-law
after the new flooring had been installed.
APPEALS – whether appeal lodged out of time – whether
time for lodging the appeal ran from the first decision making
substantive orders – appeal lodged after lengthy delay from
the first decision – the appeal lodged after the appellant
obtained new expert evidence about the noise issue – merits
of appeal considered on application to extend time – no
substantial prospects of success on merits – application for
extension of time refused.
Civil and Administrative Tribunal Act (NSW) (2013); Strata Schemes
Management Act 2015 (NSW).
Owners SP 54026 v Kastri Aev Pty Ltd
[2024] NSWCATAP 119
REAL PROPERTY – STRATA MANAGEMENT – strict duty of
owners corporation to maintain and repair common property –
lost rent claim arising from alleged breach of duty –
limitation period in Strata Management Act 2015 (NSW) section
106(5) with (6) – nature of loss – extension of time
under Civil and Administrative Tribunal Act 2013 (NSW) section
41.
Civil and Administrative Tribunal Act 2013 (NSW); Limitation Act
1969 (NSW); Strata Schemes Management Act 2015 (NSW).
AM Darlinghurst Investment Pty Ltd as trustee
for AM Darlinghurst Investment Trust v Growthbuilt Pty Limited
[2024] NSWSC 825
BUILDING AND CONSTRUCTION – adjudication – judicial
review – Building and Construction Industry Security of
Payment Act 1999 (NSW), section 19, section 21, section 22.
BUILDING AND CONSTRUCTION – adjudication – judicial
review – whether jurisdictional error to fail to consider
documents provided to the adjudicator – where those documents
include report produced relying on material subject to 'without
prejudice' communications.
BUILDING AND CONSTRUCTION – adjudication – judicial
review – whether jurisdictional error for adjudicator to rely
on grounds allegedly not advanced by either party.
Building and Construction Industry Security of Payment Act 1999
(NSW).
Marino v Building Commission NSW [2024]
NSWCATOD 95
ADMINISTRATIVE LAW – administrative review – home
building – application for licence – plumbing,
gasfitting and related work – experience requirements –
requirements of applicable Instrument – requirements of form
– fit and proper person.
Administrative Decisions Review Act 1997; Home Building Act 1989;
Interpretation Act 1987; Licensing and Registration Uniform
Procedures Act 2002.
In
the matter of Academy Construction & Development Pty Ltd
(subject to Deed of Company Arrangement) [2024] NSWSC
808
CORPORATIONS – voluntary administration – deed of
company arrangement – terminating deed of company arrangement
under section 445D of the Corporations Act 2001 (Cth) – where
deed disadvantageous to one creditor – where deed provided
for third party releases – whether deed of company
arrangement an abuse of process of part 5.3A of the Corporations
Act 2001 (Cth).
Corporations Act 2001 (Cth), part 5.3A, sections 445D, 447A; Design
and Building Practitioners Act 2020 (NSW), section 37; Evidence Act
1995 (NSW), section 136; Home Building Act 1989 (NSW), section 18B;
Insolvency Practice Schedule (Corporations), sections 90-15,
75-42.
Fadel v Siotor [2024] NSWCATAP
123
APPEALS – internal appeal – jurisdiction –
general jurisdiction – no jurisdiction to hear an internal
appeal against a correction order made under section 50 of the
Consumer Trader and Tenancy Tribunal Act 2009 (NSW) (repealed)
– no jurisdiction to hear an internal appeal against a
decision made in the Consumer Trader and Tenancy Tribunal in 2012
– consideration of transitional provisions in Clause 9 and 10
of Schedule 1 of the Civil and Administrative Tribunal Act 2013
(NSW).
PRACTICE and PROCEDURE – extension of time – refused
where no jurisdiction to hear internal appeals.
Civil and Administrative Tribunal Act (NSW) section 29, section 32,
section 41, section 63, section 80, section 81, Schedule 1 clause
6, 9 and 10; Consumer Trader and Tenancy Tribunal Act 2001 (NSW)
(repealed); section 50, section 67 and section 68; Consumer, Trader
and Tenancy Tribunal Regulation 2009 (NSW) (repealed); clause
22.
Legislation
Bills introduced by Government
National Housing and Homelessness Plan Bill
2024 – introduced first reading 24 June 2024
National Housing and Homelessness Plan Bill 2024
(No. 2) – introduced first reading 25 June 2024
Bills assented to by Government
Residential (Land Lease) Communities Amendment Act
2024 No 46 – assented to 24 June 2024
Regulation and other miscellaneous instruments
State Environmental Planning Policy (Housing)
Amendment (Dual Occupancies and Semi-detached Dwellings) 2024
(2024-274) – published LW 28 June 2024
Conveyancers Licensing (Approved Professional
Indemnity Insurance Policy) Amendment Order 2024 (2024-246)
– published LW 28 June 2024
Statutory Instruments
Administrative Arrangements (58th Parliament)
Order 2023 (NSW) – start date 1 July 2024
Design and Building Practitioners Regulation 2021
(NSW) – start date 1 July 2024
Administrative Arrangements (Minns
Ministry—Administration of Acts) Order 2023 (NSW) –
start date 1 July 2024
Environmental Planning and Assessment Regulation
2021 (NSW) – start date 1 July 2024
Local Government (General) Regulation 2021
(NSW) – start date 1 July 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.
