In the media
More homes and jobs near transport as masterplans
finalised
The masterplans and rezonings around seven transport
centres will have the capacity to provide nearly 60,000 homes and
more than 126,000 commercial and retail jobs. The rezonings include
space for schools, health services, public parks and options for
councils to nominate Special Entertainment Precincts within the
areas. Masterplans have been completed for Bankstown, Bella Vista,
Crows Nest, Homebush, Hornsby, Kellyville and Macquarie Park (25
November 2024). Read more here.
Building Homes for NSW delivers sites for another 1,400
homes with developers invited to register interest
The Minns Labor Government is delivering on its commitment
to stimulate housing supply with sites for another 1400 homes to be
delivered through its Building Homes for NSW program, as housing
developers are invited to register their interest in market sites.
The sites announced today include two sites at Menai and Haberfield
earmarked for transfer to Homes NSW, delivering an estimated 242
dwellings with roughly 130 social and affordable homes. Read more
here.
Chain Valley Bay intersection upgrade to unlock more
housing
The Minns Labor Government is investing $6.7 million to
carry out a safety upgrade to a critical coastal intersection which
will help unlock more than 900 new homes and reduce travel times.
The upgrade will include installation of traffic lights to provide
safe, efficient and reliable access to and from the highway for all
road users (19 November 2024). Read more here.
Architects critique controversial NSW Productivity
Commission report
A topic of much debate, the New South Wales Productivity
and Equality Commission's recent report sets out 32
recommendations to "boost the NSW Government's efforts to
address the housing crisis." A contentious report outlining
barriers and actions to improve the state's housing supply has
prompted critique from built environment professionals working
across architecture, planning, development and research (25
November 2024). Read more here.
The construction sector's carbon profile needs an
overhaul – here's why
Sydney is known for its ambitious infrastructure projects,
high rise developments, and urban expansion. However, the
city's construction sector faces a looming challenge –
sustainability. The industry is grappling with its significant
carbon footprint, waste generation, and the demand for greener
alternatives (25 November 2024). Read more here.
Labor pushing prefab to build more homes, quickly
Homes could be built faster, cheaper and with less waste
following the federal government's promise to cut red tape
holding back modular construction. In addition, banks will work
with government to make it easier to finance the build of
prefabricated and modular homes. The government will also convene a
meeting with the Australian Banking Association and other industry
groups next week to establish more suitable financial products (23
November 2024). Read more here.
Housing Taskforce delivering faster approvals
The New South Wales Government has revealed that its new
Housing Taskforce has already unlocked more than 13,000 homes by
resolving development delays. The Housing Taskforce was established
in September 2024 as a pilot scheme initially, to tackle post
consent requirements where developments are bogged down in a part
of the planning system that has historically had no oversight and
has become increasingly complex. The Taskforce brings together
staff from multiple New South Wales Government agencies and
departments seconded into the same office in Parramatta to go line
by line through projects clogged in the system while solving
problems to unblock applications (15 November 2024). Read more here.
NSW strata watchdog seeks power to enter apartment
buildings without a warrant, fine owners if common property not
maintained
NSW Fair Trading is seeking new powers to enter any
apartment building without a warrant if there is suspicion the
owners corporation is not maintaining common property. The
regulator will also be able to enter private apartments to inspect
defects if it obtains a search warrant. A key consumer group said
it did not recommend the changes and had concerns the laws will
have unintended privacy implications (22 November 2024). Read more
here.
Future of Sydney housing revealed in NSW pattern book
debut
It's been almost a year since NSW announced it would
bring back a state "pattern book" to provide easy
approvals for residential building. After the long process of
launching a competition to select architects, nominating a
shortlist of 21 professionals and firms and then charging them with
the task, the NSW government has finally revealed the designs that
will shape the future of home building in the state. Many of the
designs are tailored for medium-density building, and therefore are
expected to be primarily popular with Sydney development (18
November 2024). Read more here.
The two surprising states where nearly half of buyers
are favouring new homes
Data from REA Group's 2024 Property Seeker Report has
found that over the past 12 months, 42% of homebuyers surveyed in
both New South Wales and Victoria are considering buying or have
already bought a new home. This includes free-standing houses,
townhouses, off-the-plan apartments and house and land packages.
The numbers are even higher for first-home buyers – over half
(51%) of first timers in NSW and Victoria opted for new builds or
are considering making the leap (15 November 2024). Read more here.
HIA Welcomes 'Housing Bills' Support
"The Help to Buy scheme is an important initiative of
the Federal Government to enable 40,000 eligible home buyers to
obtain and secure a deposit for a new home faster. "Equally,
the Build-to-Rent Bill coupled with broader targeted policy
measures, has the potential to boost the number of rental
properties and specifically new apartments, which are in critical
shortages with rental vacancies at record levels and apartment
construction numbers at decade lows (25 November 2024). Read more
here.
NSW draft Building Bill - what should insurers and
brokers look out for?
Building regulations in NSW are undergoing a major
revision with implications for insurers and brokers. In August, the
Minns Government released the Building Commission's NSW draft
Building Bill for comment. The consultation period ended in
October. The new legislation is expected to be released in the
coming months. However, the recent appointment of a new Building
Commissioner, James Sherrard, may impact the timing of the release
and the bill's content (22 November 2024). Read more here.
National Association of Women in Construction appoints
new CEO
The National Association of Women in Construction (NAWIC)
has announced the appointment of Cathryn Greville as its new CEO,
effective November 18, 2024. This appointment comes at a crucial
time when the role of women in the construction industry is
increasingly significant. Her leadership is anticipated to drive
transformational change and create a more inclusive environment for
women in construction across Australia (18 November 2024). Read
more here.
New strata laws introduced to protect owners and make
strata living easier
The Minns Labor Government has introduced its third wave
of strata reforms to the NSW Parliament today, continuing its work
to confront the state's housing challenges and address cost of
living pressures. More than 1.2 million people are already living
in strata communities in NSW, and that number is set to grow under
the Government's comprehensive plan to build a better NSW. The
latest round of reforms builds on our commitment to working across
all levels of Government and industry to encourage people to live
and invest in strata (20 November 2024). Read more here.
In practice and courts
Magistrates to be called judges under historic change to
Local Court Act
NSW Local Court magistrates will be known as judges under
amendments to the Local Court Act 2007 designed to reflect the
seriousness and volume of work done in this jurisdiction. This will
more appropriately reflect the jurisdiction's vital role in the
state's justice system (20 November 2024). Read more here.
WMTS:542-2024 | Public Comment Draft Round 1
Technical Specification for the WaterMark Certification
Scheme sets out the minimum requirements for pipe couplings (spigot
x spigot) that provide an interference seal on the internal surface
of non-pressure soil, waste, and vent pipe of similar or dissimilar
pipe materials. The coupling is to be used in vertical
installations only within all classes of buildings and installation
is to be undertaken via a performance solution. The ABCB is
undertaking consultation to ensure stakeholders are informed of the
development of all proposed new, or amended Technical
Specifications. In undertaking this consultation, which closes on 5
February 2025, stakeholders have an opportunity to provide input
and/or comment during a Technical Specification's development
(13 November 2024). Access the draft here.
Publications
Re-issued Practice Note SC GEN 23 – Use of
Generative Artificial Intelligence
On 21 November 2024, the Supreme Court of NSW issued
Practice Note SC GEN 23, governing the use of generative AI in
relation to court documents. The Court has also issued an
accompanying guideline to judges in respect of the use of
generative AI in writing judgments (21 November 2024). Read more here.
HIA Submission Silica Worker Register – SafeWork
Australia
HIA refers to the Draft Work Health and Safety Amendment
(Silica Worker Register) Regulation 2024 (Worker Register
Regulation) recently released by SafeWork NSW and associated Silica
Worker Consultation Paper (Consultation Paper). In this submission
HIA opposes the Worker Registration Regulation, and the proposals
set out in the Consultation Paper (13 November 2024). Access the
submission here.
Cases
The Owners – Strata Plan No 89074 v
Ceerose Pty Ltd [2024] NSWSC 1494
BUILDING AND CONSTRUCTION – claim for breach of statutory
warranties under Home Building Act 1989 (NSW) – proceedings
on foot for 8 years – before the Court on 52 occasions
– parties reach agreement 'in principle' for builder
to rectify defects but no final agreement reached more than a year
later – owner refuses access to builder to rectify defects
– referral to engineer/barrister – 13-day reference
– referee provides liability and quantum reports totalling
440 pages.
REFEREE – reference made to facilitate just, quick and cheap
resolution – principles at [5]-[9] – whether to adopt
report – principles at [10]-[14] – whether interests of
justice served.
MITIGATION – obligation on plaintiff to act reasonably
– principles and case law review at [38]-[53] – Owners
v Di Blasio Constructions considered – whether plaintiff owes
duty to allow builder to minimise its damages.
SCOTT SCHEDULES – history and purpose – amendment, at
[114]-[118] – whether referee made ruling that defects not in
Scott Schedule would not be considered – whether referee
denied natural justice by considering defects not in Scott
Schedule.
Civil Procedure Act 2005 (NSW), s 56(1); Evidence Act 1995 (NSW), s
69(3); Home Building Act 1989 (NSW), ss 18B, 18BA, sch 4 s 125;
Home Building Amendment Act 2014 (NSW); Uniform Civil Procedure
Rules 2005 (NSW), rr 2.1, 2.3, 15.2, 20.14(1), 20.17, 20.20,
20.24(1).
Crystele Designer Homes Pty Ltd v Wood
[2024] NSWSC 1438
Administrative Law – Judicial Review – Judicial Review
of an Appeal Panel of the NSW Civil and Administrative Tribunal
Council – Relief sought.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014; Civil Procedure Act 2005 (NSW);
Competition and Consumer Act 2010 (Cth); Fair Trading Act 1987
(NSW); Home Building Act 1989 (NSW); Supreme Court Act 1970
(NSW).
Sydney Contracting Engineers Pty Ltd v;
Gulawita [2024] NSWCATAP 231
BUILDING AND CONSTRUCTION – proceedings transferred under
Home Building Act 1989 (NSW) to NSW Civil and Administrative
Tribunal from Local Court.
APPEALS – whether appeal involves questions of law or other
questions – whether decisions under appeal against weight of
evidence or not just and equitable – impact of failure to
lodge appeal materials as directed – use of reply to appeal
to raise appeal ground.
Building and Construction Industry Security for Payment Act 1999
(NSW); Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989
(NSW).
Teyfouri v Secretary of the Department of
Customer Service [2024] NSWCATAD 348
ADMINISTRATIVE LAW – qualified supervisor certificate in the
category of disconnection and reconnection of fixed electrical
equipment (motors only) – refusal – scope of work
within the Instrument – qualifications required by the
Instrument.
Administrative Decisions Review Act 1997 (NSW); Home Building Act
1989 (NSW).
Duplex Australia Pty Limited v Hathaway
[2024] NSWCATAP 228
APPEALS – sections 18C, 18D and 18E(4) in the Home Building
Act 1989 considered – the role of building experts in
Tribunal proceedings.
Civil and Administrative Tribunal Act 2013 NSW; Home Building Act
1989 NSW; Home Building Regulation NSW 2014; NCAT Procedural
Direction 3 – Expert Witnesses Effective date - 28 February
2018.
Choi v The Owners Strata Plan No 53482
[2024] NSWCATAP 233
LAND LAW – strata title – common property rights by-law
– unreasonable refusal – s 149(1)(b) Strata
Schemes
Management Act 2015 (NSW).
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Strata Schemes Management
Act 2015 (NSW).
York & Edwards v The Owners – Strata
Plan No 675 [2024] NSWSC 1478
CIVIL PROCEDURE – hearings – application to vacate
hearing date.
Civil and Administrative Tribunal Act 2013 (NSW), s 83; Strata
Schemes Management Act 2015 (NSW), s 236.
Jeffcott v Davesi Construction Group Pty
Ltd [2024] ACTSC 366
CIVIL LAW – BUILDING AND CONSTRUCTION – breach of
contract – Building Contract and Project Management Agreement
entered into at same time – allegations of agency and sham
not pressed – whether contracts inconsistent – defects
in construction of residential building – whether delay in
practical completion – alleged lock out from property –
damages incurred owing to delay in completing property –
rectification of defects – whether evidence of valid
insurance policy.
Building Act 2004 (ACT), ss 25, 42, 88; Home Building Act 1989
(NSW), ss 18B(1)(d), 18G.
Legislation
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Government and Non-Government Schools) Regulation 2024 (2024-577) – published LW 22 November 2024
Environmental Planning Instruments
Cumberland Local Environmental Plan 2021 (Amendment No 9) (2024-579) – published LW 22 November 2024
Fairfield Local Environmental Plan 2013 (Map Amendment No 10) (2024-580) – published LW 22 November 2024
Gilgandra Local Environmental Plan 2011 (Map Amendment No 1) (2024-581) – published LW 22 November 2024
Inner West Local Environmental Plan 2022 (Map Amendment No 2) (2024-582) – published LW 22 November 2024
Lake Macquarie Local Environmental Plan 2014 (Amendment No 55) (2024-583) – published LW 22 November 2024
State Environmental Planning Policy (Precincts – Central River City) Amendment (Railway Terrace Site) 2024 (2024-584) – published LW 22 November 2024
State Environmental Planning Policy (Transport and Infrastructure) Amendment (No 2) 2024 (2024-585) – published LW 22 November 2024
Wentworth Local Environmental Plan 2011 (Amendment No 22) (2024-586) – published LW 22 November 2024
Bills Introduced by Government
Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024
Strata Schemes Legislation Amendment Bill 2024
Bills revised following amendment in Committee
Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024
Environmental Planning and Assessment Amendment (State Significant Development) Bill 2024
Revenue Legislation Further Amendment Bill 2024
Royal Botanic Gardens and Domain Trust Amendment Bill 2024
Bills assented to
Water Legislation Amendment Act 2024 No 80 – assented to 21 November 2024
Portable Long Service Leave Legislation Amendment Act 2024 No 84 – assented to 21 November 2024
Energy Amendment (Long Duration Storage and Investment) Act 2024 No 83 – assented to 21 November 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.
