In the media
New planning laws to help ease housing crisis in NSW are seeing home owners cash in
Fortunes are being made overnight across Sydney as neighbours band together to take advantage of new planning rules that allow apartment buildings in low-rise neighbourhoods. Multi-million-dollar deals are being stitched together without publicity or even "For Sale" or "Sold" signs, but the change is monumental for developers, planners and groups of owners. The changes, which took effect on February 28, impact neighbourhoods within 800 metres of 171 train stations or shopping areas in Sydney, Newcastle, Wollongong and the Central Coast (15 April 2025). Read more here.
Federal government announces $800 million budget boost for Help to Buy housing scheme
The federal government will expand the eligibility criteria for one of its signature housing policies under an $800 million investment to be included in next week's budget. Housing Minister Clare O'Neil has announced more people will be able to access the Help To Buy scheme, under which the government takes an equity stake of up to 40 per cent in properties bought by low-income first-home buyers. People with higher incomes will be now eligible for the scheme, and it will be available for properties that are worth more (22 March 2025). Read more here.
NSW government tightens plumbing supervision standards to enhance safety and quality
This initiative aims to ensure safe, high-quality plumbing work and protect both workers and the public. Starting June 2025, Building Commission NSW will conduct targeted compliance activities at sites across the state. Plumbers found to have workers without the right licence working unsupervised could face fines of up to $1,500 per breach. In cases of repeated violations, the Commission may suspend or cancel licences (10 March 2025). Read more here.
Building Commission NSW handed out tradie licences without running criminal history checks
Tens of thousands of contractors might have been granted licences without a criminal history check. This is because Building Commission NSW failed to secure a memorandum of understanding with NSW Police allowing staff to check an applicant's criminal record. Sources also claim investigators are being put at risk because they're not properly warned about an individual's criminal past (13 April 2025). Read more here.
With Australian steel and aluminium set to incur US tariffs, global uncertainty will be our next challenge
"Unjustified" and "not the way that friends and allies should be treated". That's how Prime Minister Anthony Albanese and Foreign Minister Penny Wong have described the latest shot in United States President Trump's trade war. Effective today, there is a 25% tariff on all imports of steel and aluminium into the US – including on Australian products. Australia's direct economic hit will be relatively small – less than A$1 billion of steel and aluminium was exported to the US in 2023, according to data from UN Comtrade. But the tariffs pose a more fundamental challenge to Australia's trade strategy and how we manage key alliances in an era of resurgent protectionism (12 March 2025). Read more here.
Building breaches attract almost half a million dollars in fines
Minister for Building Anoulack Chanthivong says Anthony Abi-Merhi, a sole trader operating under the name Triscapes, was found guilty of more than 40 breaches, relating to work for four consumers in 2022. Building Commission NSW identified a series of offences, including unlicensed work, excessive deposits and work without insurance from the Home Building Compensation Fund (HBCF), during its investigation (17 March 2025). Read more here.
Thirteen workers on tunnelling projects in Sydney diagnosed with deadly silicosis
Thirteen workers, including a 32-year-old, employed on tunnelling projects in Sydney have been diagnosed with silicosis. The workers' union says there have not been any prosecutions due to breaches of silica dust exposure. WorkSafe NSW carried out 90 inspections on tunnelling sites between January and September 2024, and says the cases are still under investigation (16 March 2025). Read more here.
Minns Labor Government establishes SafeWork NSW as a standalone regulator
The NSW Minns Labor Government has passed legislation to officially establish SafeWork NSW as a standalone regulator as it continues strengthening protections for workers. Under the former government, SafeWork NSW was hidden within the Department of Customer of Service and was not able to fully fulfil the functions expected of the state's work health and safety regulator. The new standalone regular will feature an Advisory Council of experts to provide advice to the Minister for Work Health and Safety and SafeWork NSW on how it can support both workers and businesses in creating the safest possible workplaces (27 March 2025). Read more here.
NSW no-ground evictions ban to begin in May
From 19 May 2025, NSW property owners will not be allowed to evict tenants nor deny pets in their properties following the state's latest slate of rental reforms. The new rental rules follow a bill amendment passed in October of last year, which ended the "no-grounds" evictions in NSW and implemented new rules for pets in rental homes, fulfilling Labor 2023 election pledges. Since then, the state has been in consultation with renters, investors, animal welfare groups and industry representatives to ensure the best outcomes for all parties (25 March 2025). Read more here.
NSW Rental Reform will undermine investor confidence
As a real estate agency principal with years of experience in Sydney's premium property market, I've witnessed firsthand how well-intentioned tenant protection measures have created an environment where some savvy tenants can game the system, leaving landlords exposed and vulnerable. In the past four months alone, my agency has handled three nearly identical cases involving high-income professionals who simply stopped paying their rent – all in properties commanding weekly rents between $1,400 and $1,500. They were individuals working in financial markets, legal services, and insurance – professionals who understood the complexity and inefficiency of our current dispute resolution system and exploited it to their advantage (25 March 2025). Read more here.
NSW Industry Policy to set ambitious new Local Manufacturing targets
The Minns Labor Government has today released the state's first NSW Industry Policy to promote collaboration across industry, the innovation sector, and trade businesses, to give firms the confidence they need to invest and grow in NSW. Built around three connected missions – Housing, Net Zero & Energy Transition, and Local Manufacturing – the NSW Industry Policy sets out the Government's approach to the NSW economy of the future. The policy will also set three ambitious new Local Manufacturing targets to position NSW manufacturing to capitalise on global market opportunities (5 March 2025). Read more here.
World-first land use data platform Land iQ licensed for industry use
Land iQ was developed by Property and Development NSW (PDNSW) in collaboration with other NSW Government agencies and in partnership with technology companies WSP Australia, Giraffe and Aerometrex. This technology will help bolster the in-house capabilities of private sector organisations, ensuring consistency in data and methodologies across the public and private sectors, and support the further digitisation of the planning and property sectors (22 March 2025). Read more here.
Women explore construction careers through new campaign
The Australian Constructors Association (ACA), backed by NSW government funding, is challenging gender stereotypes in construction through its It's Possible campaign. A recent site tour at the $658 million Sydney Children's Hospital Stage 1 and Minderoo Children's Comprehensive Cancer Centre project in Randwick saw 30 women gain firsthand exposure to the industry, meeting professionals and exploring career pathways. Hosted by principal contractor John Holland, the tour highlighted the sector's evolving inclusivity (9 April 2025). Read more here.
NSW Government to Change Sydney's Central Station Rezoning
In an update to Sydney's Central Station precinct rezoning, the NSW government is quietly moving to get rid of a crucial part of the plan. Critics argue that this will waste tens of millions of dollars spent on plans and force a future authority back to square one if major redevelopment is considered again. The zoning plan was referred to as "SP5" and would've allowed for towers as high as 34 storeys to be built as part of an over-station development on the strategically important site. However, the Department of Planning is now considering a major revision to the plan that will result in maintaining the existing zoning for the eight-hectare area (22 April 2025). Read more here.
In practice and courts
Have your say – Sydney Region Growth Centres
The Minister for Environment has proposed to extend the biodiversity certification of the Sydney Region Growth Centres State Environmental Planning Policy until 30 June 2026. This is per the repealed Threatened Species Conservation Act 1995, Part 7 of Schedule 7, clause 20. The certification is currently set to expire on 30 June 2025. The proposed short-term extension will allow for a comprehensive review of the Growth Centres Program including the certification, Growth Centres Environmental Planning Instruments and funding arrangements. If made, the proposal will remain in effect until 30 June 2026. After this time updated arrangements are proposed to come into effect. Access the order conferring the biodiversity certification of the Sydney Region Growth Centres State Environmental Planning Policy here.
Have your say – SafeWork NSW priorities for 2025/26
SafeWork NSW's purpose is to secure safe and healthy workplaces so every worker in NSW returns home safely each day. Informed by research, data and consultation with stakeholders, SafeWork are proposing five regulatory priorities for the 2025/26 financial year including exposure to hazardous chemicals including silica, asbestos and welding fumes, and injury from mobile plant, vehicles or fixed machinery. The consultation period will be opened until 25 May 2025. Access the Annual Regulatory Statement 2025/2026 Consultation Paper here.
Publication
Building Activity, Australia
The Australian Bureau of Statistics (ABS) provides estimates of value of building work and number of dwellings commenced, completed, under construction and in the pipeline. In seasonally adjusted terms, the total number of dwelling units commenced fell 4.4% to 41,911 dwellings. New private sector house commencements fell 6.1% to 26,136 dwellings, while new private sector other residential commencements fell 5.6% to 14,196 dwellings. The value of total building work done fell 0.7% to $38.4b (16 April 2025). Read more here.
Building Approvals, Australia
The Australian Bureau of Statistics (ABS) provides the number of dwelling units and value of buildings approved. In February 2025, the seasonally adjusted estimate revealed that total dwellings approved fell 0.3% to 16,606, private sector houses rose 1.0%, to 9,203, while private sector dwellings excluding houses fell 1,5%, to 7,113. The value of total residential building rose 5.0%, to $9.65b and the value of non-residential building fell 16.5%, to $4.69b (2 April 2025). Read more here.
Engineering Construction Activity, Australia
This ABS release contains value of engineering construction work done, commenced and yet to be done for December 2024 period. In the December quarter, seasonally adjusted work done rose 1.5% and specifically work done for the private sector rose 1.9%. Value of work commenced fell 14.8% in original terms and overall trend work done rose 2.3% (26 March 2025). Read more here.
Report No. 1 of the Joint Standing Committee on Net Zero Future entitled "2024 Annual Report of the
Work Health and Safety Regulation Consultation
The Housing Industry Association (HIA) takes this opportunity to respond to the Discussion Paper (Paper) on the Work Health and Safety (WHS) Regulation Consultation released by the Department of Customer Service (DCS) as part of the review of the NSW Work Health and Safety (WHS) Regulation 2017 (NSW WHS Regulation). HIA observes that some of the proposed changes appear to be largely aesthetic in nature, while others seem vague and lack a thorough assessment. Additionally, there is insufficient clarity on how these changes will impact industry participants (12 March 2025). Read more here.
Consultation on the ban of engineered stone
HIA takes this opportunity to provide a submission to Safe Work Australia (SWA) in response to the consultation on the review of the ban of engineered stone in Australia implemented by the Model WHS Amendment (Engineered Stone) Regulation 2024 (Engineered Stone Regulation). Key issues raised in this submission include performance issues of alternatives to engineered stone, issues relating to the reinstallation of legacy engineered stone at the same location, and uncertainty about the assessment of high risk in relation to processing of legacy engineered stone (31 March 2025). Read more here.
Livable Housing Requirements in NSW Discussion Paper 2025
HIA takes this opportunity to respond to the Discussion Paper (Paper) on Livable Housing Requirements in NSW, released by Building Commission NSW (BCNSW) as part of a review into whether the current NSW exemption to the NCC livable housing design standards (LHDS) remains appropriate. The Paper puts forward four options for NSW, maintain the NSW state variation to not adopt LHDS, keep adoption voluntary with mandatory disclosure requirements on livability options at the point of sale, adopt the LHDS with exemptions and full adoption of LHDS (20 March 2025). Read more here.
Off-the-Plan Contracts and Obsolete Restrictive Covenants – Consultation on the Proposed Reforms
HIA takes this opportunity to respond to the Discussion Paper (Paper) on the review of Contracts and Covenants released by the Office of Registrar General on 22 January 2025. While clarity and certainty in contract law are important, HIA is concerned that further ad hoc amendments may result in a piecemeal and reactionary approach to regulation. Any further changes to conveyancing laws should be evidence-based, addressing a clear and demonstrable market failure, rather than imposing additional red tape and compliance costs on businesses without justification (7 March 2025). Read more here.
NSW Renewable Energy and Transmission Landholder Guide
NSW Farmers, with support from the Queensland Farmers' Federation and funding from EnergyCo, has developed the NSW Renewable Energy and Transmission Landholder Guide to help landholders navigate renewable energy and transmission projects. The guide covers negotiating agreements, understanding long-term farm impacts, securing fair compensation, managing land use restrictions and addressing construction disruptions and ongoing project impacts (11 April 2025). Access the guide here.
Cases
Impala Kitchens Pty Ltd v O'Donoghue [2025] NSWCATAP 49
APPEAL – Home Building Act 1989 (NSW) – contract – form of contract – enforceability of contract – repudiation – insurance – effect of failure to insure.
APPEAL – parties – joinder – party at first instance not named as respondent on appeal – proper and necessary party.
LEAVE TO APPEAL – appeals from the Consumer and Commercial Division – construction and application of cl 12, Sch 4 to the Civil and Administrative Tribunal Act 2013 (NSW) – question of law – fair and equitable – against the weight of evidence – significant new evidence.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW).
SP 95221 v Lane Cove Council [2025] NSWSC 172
ADMINISTRATIVE LAW – review for denial of procedural fairness – review on the grounds of irrelevant and relevant considerations – remedies – discretionary factors – delay – plaintiff is the Owners Corporation of a multi-residential apartment building erected in suburban Sydney – the second defendant is the New South Wales Civil and Administrative Tribunal ("NCAT") – the first defendant is a Council constituted under the Local Government Act 1993 ("the Council"), and the developer of the complex – after the building work is completed and the building is occupied, the plaintiff sought to file an application with the Registrar of NCAT against the Council and others for breach of the statutory warranties provided under the Home Building Act 1989 – application is rejected by the Registrar – NCAT files a submitting appearance in these proceedings – Council defends NCAT's rejection of the application – whether the Registrar of NCAT denied the plaintiff procedural fairness in rejecting the application – whether the Registrar took into account irrelevant considerations or failed to take into account relevant considerations in rejecting the application – whether prerogative relief under Supreme Court Act 1970, s 69 should be refused on discretionary grounds due to the delay of the plaintiff in bringing these proceedings.
Civil and Administrative Tribunal Act 2013, s 26; Civil Procedure Act 2005 Part 6; Design Practitioners Act 2020; Home Building Act 1989; Strata Schemes Management Act 2015; Strata schemes development Act 2015; Supreme Court Act 1970; Uniform Civil Procedure Rules 2005, r 59.2; Home Building Act 1989; Supreme Court Act 1970, s 69.
COSTS – where plaintiff wishes to discontinue proceedings – where proceedings discontinued by Plaintiff following agreement – whether agreement was a compromise or an effective surrender by the defendant – Whether parties acted reasonably – whether plaintiff's case was "almost certain to have succeeded".
Home Building Act 1989 (NSW), Pt 2C; Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW), ss 33, 34, 45, 46, 47; Uniform Civil Procedure Rules 2005 (NSW), r 31.19.
The Owners - Strata Plan 87003 v Raysons Constructions Pty Ltd (No 2) [2025] NSWSC 182
COSTS – certificate under Suitors' Fund Act 1951 (NSW) sought – unsuccessful respondent's submissions had led lower court into error – unsuccessful respondent sought to defend erroneous decision on appeal – inappropriate to grant certificate.
Home Building Act 1989 (NSW), ss 18B, 18E; Suitors' Fund Act 1951 (NSW) s 6.
Schmuelly v Elrob Construction Group Pty Ltd (No 3) [2025] NSWSC 118
CONSUMER LAW – misleading or deceptive conduct – whether builder misrepresented his experience in building luxury homes – represented this was his "passion" – whether representation made – whether representation misleading – "puffery" – principles at [16]-[18].
CONTRACTS – repudiation – principles at [99]-[101] – building 'stalls' for a year – owner indecisive about windows and doors quote – builder requests shop drawings for layout and joinery, which are not forthcoming – owner seeks legal advice but does not tell builder of complaints – no response to builder's follow ups – builder advises intention to remove scaffolding – no reply – scaffolding removed.
DAMAGES – rectification of defects – whether entitled to costs to complete works – mitigation – principles at [91]-[97] – overpayments of milestone payments – overcharged variations.
Civil Procedure Act 2005 (NSW) s 100; Competition and Consumer Act 2010 (Cth) ss 2(1), 236, 237, 243 Australian Consumer Law; Home Building Act 1989 (NSW), ss 18B, 18BA(1)(b).
Howland v Secretary, Department of Customer Service [2025] NSWCATOD 21
ADMINISTRATIVE LAW – administrative review – contractor licence – carpenter – applicant on parole – fit and proper person.
Administrative Decisions Review Act 1997 (NSW); Home Building Act 1989 (NSW).
Veselinovic v Secretary, Department of Customer Service [2025] NSWCATOD 36
ADMINISTRATIVE REVIEW – application for renewal of supervisor certificate – administration and liquidation of company of which the Applicant was a director – whether he took all reasonable steps to avoid the appointment of a liquidator – whether he was a fit and proper person to hold a supervisor certificate.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW); Home Building Amendment Act 2014 (NSW).
The Owners – Strata Plan No. 12185 v Brown [2025] NSWCATAP 51
REAL PROPERTY – STRATA MANAGEMENT – challenge to air conditioning by-law – Strata Schemes Management Act 2015 (NSW) s 149.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Strata Schemes Management Act 2015 NSW; Strata Schemes Development Act 2015 (NSW).
Succar v Dominium Homes Pty Ltd [2025] NSWSC 183
BUILDING AND CONSTRUCTION – contract – damages – defects – default judgment entered against builder with damages to be assessed – assessment of damages – no question of principle.
Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW).
Elmaadawy v Decent Designs Pty Ltd [2025] NSWCATAP 45
APPEALS – home building – exercise of discretion – adequacy of evidence.
APPEALS – procedure – stay pending appeal – abuse of process – relitigating interlocutory application – oppressive – contrary to administration of justice.
Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 80(2), cl 12(1) of Sch 4; Home Building Act 1989 (NSW), s 10.
The Owners – Strata Plan No 52378 v Huang [2025] NSWLEC 1125
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – whether strata plan can make an application – whether multiple applications required – neighbouring cypress hedges – obstruction of sunlight and views – whether the obstruction is severe – balancing of interests – orders for tree removal, tree pruning and ongoing maintenance.
Interpretation Act 1987 (NSW), Sch 4; Real Property Act 1900 (NSW), s 3; Strata Schemes Development Act 2015 (NSW), ss 4, 24; Strata Schemes Management Act 2015 (NSW), ss 8, 9; Trees (Disputes Between Neighbours) Act 2006 (NSW), Pt 2, Pt 2A, ss 3, 6, 7, 14A, 14B, 14C, 14D, 14E, 14F; North Sydney Local Environmental Plan 2013, cl. 5.10, Sch 5.
Maynard v Secretary, Department of Customer Service [2025] NSWCATOD 27
Administrative Law – refusal of building contractor licence application – director of company in liquidation – whether Applicant took all reasonable steps to avoid external administration – risk to the public if licence granted.
Administrative Decisions Review Act 1997 (NSW); Home Building Act 1989 (NSW).
Secretary, Department of Customer Service v Bob Building Services Pty Ltd [2025] NSWCATAP 48
APPEAL – interlocutory decision – application for stay – whether proper regard had to a mandatory consideration – meaning of the public interest.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Home Building Act 1989.
Lewis v The Owners - Strata Plan No. 32924 [2025] NSWCATAP 72
LAND LAW – Strata titles – legality of by-laws – whether one by-law was invalid because it was made beyond power – whether another by-law was void for uncertainty.
APPEALS – errors of law – new points of law permitted to be raised on appeal.
Civil and Administrative Tribunal Act 2013 (NSW); Strata Schemes Management Act 2015 (NSW).
OCCUPATIONAL – administrative review of decision to refuse contractor licence – electrician – liquidation – insolvency – failure to establish no potential risk.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Corporations Act 2001 (Cth); Home Building Act 1989 (NSW).
Wells Group Pty Ltd v Betts [2025] NSWCATAP 70
APPEALS – appeal on question of law – scope of question of law.
APPEALS – constructive failure to exercise jurisdiction by not addressing a material issue or by overlooking material evidence.
APPEALS – leave to appeal – principles governing – leave to appeal granted.
BUILDING AND CONSTRUCTION – residential building work – statutory warranties under Home Building Act 1989 (NSW) – claim by owner against builder – claim by builder against owner for money owing under contract.
Civil and Administrative Tribunal Act 2013 (NSW), s 60, 62, 80, 81, Sch 4, cl 12, Sch 6, cl 11; Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A; Home Building Act 1989 (NSW).
Innovative Builders and Engineers Pty Ltd v Shah No 2 [2025] NSWCATAP 46
Costs - rr 38 and 38A of the Civil and Administrative Tribunal Rules 2014 – appeal allowed - costs of appealed proceedings to be costs in the cause on rehearing – costs of appeal to follow the event – measure of costs recoverable by self-represented parties – where leave to be legally represented not sought or obtained – discretion to make costs orders – meaning of disbursements and out of pocket expenses.
Civil and Administrative Tribunal Act 2013 (NSW), s 60; Civil and Administrative Tribunal Rules 2014 (NSW), rr 39 and 38A; Civil Procedure Act 2005 (NSW); Strata Schemes Management Act 2015 (NSW).
Hunter Building Group Pty Ltd v Tonitto [2025] NSWCATAP 60
APPEAL – HOME BUILDING ACT-no issue of principle – reference to legislative preference for rectification work to be carried out by the responsible party.
Civil and Administrative Tribunal Act 2013; Home Building Act 1989.
Lincoln Wilson and Anor v Secretary, Department of Customer Service [2025] NSWCATOD 29
STAY – administrative review of revocation of licence - stay refused – factors relevant to a stay.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW).
Demand Investment Nominees Pty Ltd v Lee [2025] NSWCATAP 61
APPEALS – whether orders expressed by Tribunal to be consent orders were in fact consent orders.
Civil and Administrative Tribunal Act 2013 (NSW), 38, 41, 53, 62, 6380; cl 12 of Sch 4; Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4)(c); Home Building Act 1989 (NSW), s 48MA.
Brown v Reed [2024] NSWCATCD 52
HOME BUILDING – limitation period – whether work not complete- completion – practical completion; HOME BUILDING – major defects.
Home Building Act 1989 (NSW).
Campbell v The Owners Strata Plan No 88807 [2024] NSWCATCD 50
REAL PROPERTY – STRATA MANAGEMENT – content of owners corporation's strict duty of maintenance and repair – alleged loss of rent from alleged breach – not established on facts.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Strata Schemes Management Act 2015 (NSW).
BUILDING AND CONSTRUCTION – contract – cost plus contract for construction of residence – alleged breach of contract – whether plaintiff builder entitled to claim payment for outstanding invoices from defendant owners.
CONTRACT – construction – special condition – where contract obliged parties to cooperate to obtain the most competitive price for each element of trade or materials and obtain a minimum of quotations for each item – where builder did not obtain two quotations in relation to some items – where defendants resisted builder's claim on basis that this was a breach of the provision – whether provision imposed obligation to obtain two quotations on the builder alone or rather on the parties jointly – whether provision merely exhortatory.
CONTRACT – implied terms – where plaintiff builder contends for implied term to the effect that it was not necessary for the plaintiff builder to obtain two quotes in some circumstances – where such term would be inconsistent with express term of the contract.
CONTRACT– damages – facilitation principle – whether owners' damage to be measured by the difference between the cost and the reasonable value of the works not subject to two quotations – whether it would be just to permit owners belatedly to rely on the facilitation principle.
Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law.
Whittingham v Avid Homes Pty Ltd [2024] NSWCATCD 55
BUILDING AND CONSTRUCTION – defective residential building work – contractual terms for external cladding – reasonable and necessary scope of works for rectification of defects found – appropriate remedy – preferred outcome - works order made.
Home Building Act 1989 NSW; Civil and Administrative Tribunal Act 2013 NSW; Civil and Administrative Tribunal Rules 2014 NSW.
The Owners – Strata Plan No 93804 v M Services & Maintenance Pty Ltd [2024] NSWCATCD 54
BUILDING AND CONSTRUCTION – Home Building Act – orders not complied with - renewal of proceedings – whether Tribunal considering application for renewal can entertain an application for an extension of time for compliance with the orders.
CIVIL PROCEDURE – Civil and Administrative Tribunal Act s 41 – extension of time for compliance with orders – applicable principles – whether Tribunal has power to extend time for compliance with orders made by consent.
Civil and Administrative Tribunal Act 2013 (NSW) s 41, Sch 4 cl 8; Design and Building Practitioners Act 2020 (NSW); Home Building Act 1989 (NSW) ss 48K, 48MA; Uniform Civil Procedure Rules 2005 (NSW).
Kumar v SMJ Construction Group Pty Ltd [2024] NSWCATCD 56
BUILDING AND CONSTRUCTION – authority to enter into contracts – ostensible authority – ostensible authority not established by use of letterhead or truck bearing company logo.
AGENCY – authority of agent – ostensible authority.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
Karall v Secretary of the Department of Customer Service [2025] NSWCATOD 38
ADMINISTRATIVE LAW – Home building – application for renewal of individual contractor licence – application within 10 years of applicant being a director of a Chapter 5 body corporate – s 33B Home Building Act 1989 – s 33C Home Building Act 1989.
Administrative Decisions Review Act 1997 (NSW); Building Legislation Amendment Act 2023 (NSW); Corporations Act 2001 (Cth); Home Building Act 1989 (NSW); Licensing and Registration (Uniform Procedures) Act 2002 (NSW).
Williamson v Chief Commissioner of State Revenue [2025] NSWCATAD 69
TAXES AND DUTIES – dutiable transactions – concession from duty under First home buyers assistance scheme – reassessment – no exercise of discretion – onus of proof not satisfied.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Duties Act 1997 (NSW); First Home Owner Grant Act 2000 (NSW); Interpretation Act NSW 1987 (NSW); State Revenue Legislation Further Amendment Bill 2005 (NSW); Taxation Administration Act 1996 (NSW); Civil and Administrative Tribunal Act 2013 (NSW).
Thomas v Chief Commissioner of State Revenue [2025] NSWCATAD 67
ADMINISTRATIVE LAW – Civil and Administrative Tribunal (NSW) – application made out of time – First Home Owners Grant and First Home Buyers Assistance Scheme – application for extension of time – exercise of discretion.
TAXES AND DUTIES – First Home Owners Grant and First Home Buyers Assistance Scheme – residence requirement – discretion to ease or waive the requirement.
Civil and Administrative Tribunal Act 2013 (NSW); Duties Act 1997 (NSW); First Home Owner Grant (New Homes) Act 2000 (NSW); Taxation Administration Act 1996 (NSW).
Carroll and Ors v The Owners – Strata Plan no 37248 [2025] NSWCATAP 59
APPEAL- whether an application under s 149(1)(c) of the Strata Titles Management Act must be brought within the time of 28 days provided for by r 23(3)(b) of the Civil and Administrative Rules.
Civil and Administrative Tribunal Act, 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Limitation Act 1969 (NSW); Strata Schemes Management Act 1996 (NSW); Strata Schemes Management Act 2015 (NSW); Strata Schemes Management Regulation 2016 (NSW); Strata Titles Act 1973 (NSW); Strata Titles (Amendment) Act 1987 (NSW).
White House Developments Pty Ltd v The Owners - Strata Plan No 70276 [2025] NSWCATAP 68
APPEALS – appeal on question of law – scope of question of law.
LAND LAW – Strata title – whether the owners corporation breached the statutory duty to properly maintain and keep in a state of good and serviceable repair the common property – whether the owners corporation is liable to a lot owner for damages for loss of rent for breach of statutory duty and in nuisance – whether the owners corporation is liable to a work order to repair the common property and lot of the lot owner.
Civil and Administrative Tribunal Act 2013 (NSW), ss 25, 41, 60, 80, 81, 90, Sch 7, cl 1; Civil and Administrative Tribunal Rules 2014 (NSW), rr 23, 38, 38A; Environmental Planning and Assessment Act 1979 (NSW), ss 81A, 109C (repealed); Limitation Act 1969 (NSW), s 14; Strata Schemes Management Act 1996 (NSW), Ch 5, ss 62, 138 (repealed); Strata Schemes Management Act 2015 (NSW), ss 106, 232, 241, 253.
The Owners-Strata Plan 934 v T&P Chimes Development Pty Ltd (No 2) [2025] NSWLEC 28
LAND LAW – strata title – strata renewal plan for redevelopment – Strata Schemes Development Act 2015 (NSW) – one dissenting owner not a party to the proceedings – strata renewal plan given effect.
Land and Environment Court Act 1979 (NSW) s 19; Strata Schemes Development Act 2015 (NSW) ss 3, 153, 154, 156, 157, 158, 160, 161, 162, 172, 173, 174, 177, 179, 181, 182, 183, 185, Sch 7; Strata Schemes Management Act 2015 (NSW) s 31; Strata Schemes Development Regulation 2016 (NSW) cll 27, 28, 30, 31, 33, 34, 35; Sydney Local Environmental Plan 2012 (NSW) cl 6.21.
Choi v The Owners- Strata Plan No. 52482 [2025] NSWCATAP 85
APPEAL – directions at first instance for the lodgment of documents and submissions on costs - whether an internally appealable decision – whether leave to appeal should be granted.
Civil and Administrative Tribunal Act 2013; Strata Schemes Management Act 2015.
The Owners – Strata Plan 94800 v Aushome Construction Pty Ltd & Anor [2025] NSWDC 143
BUILDING AND CONSTRUCTION – building works on a large residential apartment building – Owners of strata plan, as successors in title, rely upon entitlements to sue on statutory warranties against the builder and developer – Home Building Act 1989 (NSW), ss 18B, 18C, 18D – determination of whether defects were 'major' defects – Home Building Act 1989 (NSW), s 18E(4).
BUILDING AND CONSTRUCTION – whether District Court empowered to make a 'work order' where the alternative claim for relief, a money claim, exceeds the monetary jurisdiction of the New South Wales Civil and Administrative Tribunal – Home Building Act 1989 (NSW), ss 48A, 48K, 48L, 48MA, 48O.
CIVIL PROCEDURE – exercise of power to make directions for parties to take specified steps and the time for such steps to be completed by – directions for further reports on issues concerning rectification costs.
Civil and Administrative Tribunal Act 2013 (NSW); Civil Procedure Act 2005 (NSW), ss 56 57, 58, 60, 61(2), 143; Design and Building Practitioners Act 2020 (NSW); Evidence Act 1995 (NSW), s 79; Home Building Act 1989 (NSW) ss 3C, 18B, 18C, 18D, 48A, 48K, 48L, 48MA, 48O; Interpretation Act 1987 (NSW), s 33; Uniform Civil Procedure Rules 2005 (NSW), r 7.2.
Legislation
Proclamations commencing Acts
Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024 No 96 (2025-88) – published LW 7 March 2025
Treasury and Energy Legislation Amendment Act 2022 No 63 (2025-89) – published LW 7 March 2025
Water Management Act 2000 No 92 (2025-85) – published LW 5 March 2025
Residential Tenancies Amendment Act 2024 No 75 (2025-138) – published LW 2 April 2025
Industrial Relations Amendment Act 2025 No 8 (2025-182) – published LW 24 April 2025
Regulations and other miscellaneous instruments
Government Sector Employment Amendment Regulation 2025 (2025-86) – published LW 5 March 2025
Water Management (General) Amendment (Metering) Regulation 2025 (2025-92) – published LW 7 March 2025
Workers Compensation (Indexation) Order 2025 (2025-101) – published LW 14 March 2025
Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2025 (2025-112) – published LW 17 March 2025
Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2025 (2025-112) – published LW 17 March 2025
Administrative Arrangements (Administrative Changes—SafeWork NSW Agency) Order 2025 (2025-123) – published LW 28 March 2025
Conveyancing (General) Amendment (Telstra Limited) Regulation 2025 (2025-142) – published LW 4 April 2025
Environmental Planning and Assessment Amendment (Bush Fire Protection Mechanisms) Regulation 2025 (2025-143) – published LW 4 April 2025
Residential Tenancies Amendment Regulation 2025 (2025-139) – published LW 2 April 2025
Industrial Relations Commission Amendment Rules 2025 (2025-159) – published LW 7 April 2025
Final Determination [Biodiversity Conservation Act 2016] (2025-162) – published LW 11 April 2025
Guidelines for Approval of Shared Equity Schemes (2025-184) – published LW 24 April 2025
Environmental Planning Instruments
Cabonne Local Environmental Plan 2012 (Amendment No 10) (2025-93) – published LW 7 March 2025
Hawkesbury Local Environmental Plan 2012 (Map Amendment No 7) (2025-94) – published LW 7 March 2025
Parramatta Local Environmental Plan 2023 (Map Amendment No 7) (2025-95) – published LW 7 March 2025
Tamworth Regional Local Environmental Plan 2010 (Map Amendment No 2) (2025-96) – published LW 7 March 2025
Wollondilly Local Environmental Plan 2011 (Map Amendment No 11) (2025-97) – published LW 7 March 2025
Wollongong Local Environmental Plan 2009 (Amendment No 58) (2025-98) – published LW 7 March 2025
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 14) (2025-102) – published LW 14 March 2025
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 15) (2025-103) – published LW 14 March 2025
Inner West Local Environmental Plan 2022 (Amendment No 11) (2025-104) – published LW 14 March 2025
Lane Cove Local Environmental Plan Amendment (In-fill Affordable Housing) 2025 (2025-105) – published LW 14 March 2025
Nambucca Local Environmental Plan 2010 (Amendment No 34) (2025-106) – published LW 14 March 2025
North Sydney Local Environmental Plan 2013 (Amendment No 41) (2025-107) – published LW 14 March 2025
Orange Local Environmental Plan 2011 (Map Amendment No 10) (2025-108) – published LW 14 March 2025
Richmond Valley Local Environmental Plan 2012 (Map Amendment No 2) (2025-109) – published LW 14 March 2025
Wingecarribee Local Environmental Plan 2010 (Map Amendment No 8) (2025-110) – published LW 14 March 2025
Woollahra Local Environmental Plan 2014 (Amendment No 41) (2025-111) – published LW 14 March 2025
Blacktown Local Environmental Plan 2015 (Amendment No 36) (2025-114) – published LW 21 March 2025
Forbes Local Environmental Plan 2013 (Amendment No 16) (2025-115) – published LW 21 March 2025
Georges River Local Environmental Plan 2021 (Amendment No 10) (2025-116) – published LW 21 March 2025
Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 18) (2025-117) – published LW 21 March 2025
Murray Local Environmental Plan 2011 (Map Amendment No 3) (2025-118) – published LW 21 March 2025
North Sydney Local Environmental Plan 2013 (Map Amendment No 8) (2025-119) – published LW 21 March 2025
Standard Instrument (Local Environmental Plans) Amendment (Richmond Valley) Order 2025 (2025-120) – published LW 21 March 2025
State Environmental Planning Policy Amendment (Richmond Valley Regional Jobs Precinct) 2025 (2025-121) – published LW 21 March 2025
Ballina Local Environmental Plan Amendment (Exempt and Complying Development Codes—Exempt Development Pathway) 2025 (2025-126) – published LW 28 March 2025
Bayside Local Environmental Plan 2021 (Amendment No 8) (2025-127) – published LW 28 March 2025
Bayside Local Environmental Plan 2021 (Amendment No 9) (2025-128) – published LW 28 March 2025
Canada Bay Local Environmental Plan 2013 (Amendment No 30) (2025-129) – published LW 28 March 2025
Lane Cove Local Environmental Plan 2009 (Map Amendment No 2) (2025-130) – published LW 28 March 2025
Maitland Local Environmental Plan 2011 (Amendment No 38) (2025-131) – published LW 28 March 2025
Murray Local Environmental Plan 2011 (Amendment No 18) (2025-132) – published LW 28 March 2025
North Sydney Local Environmental Plan 2013 (Map Amendment No 9) (2025-133) – published LW 28 March 2025
Standard Instrument (Local Environmental Plans) Amendment (Queanbeyan-Palerang) Order 2025 (2025-134) – published LW 28 March 2025
State Environmental Planning Policy Amendment (South Jerrabomberra Regional Jobs Precinct) 2025 (2025-135) – published LW 28 March 2025
Wollondilly Local Environmental Plan 2011 (Map Amendment No 12) (2025-136) – published LW 28 March 2025
Blacktown Local Environmental Plan (Precincts – Central River City) (Map Amendment No 4) (2025-149) – published LW 4 April 2025
Conargo Local Environmental Plan 2013 (Amendment No 2) (2025-150) – published LW 4 April 2025
Hornsby Local Environmental Plan 2013 (Map Amendment No 5) (2025-151) – published LW 4 April 2025
Nambucca Local Environmental Plan 2010 (Map Amendment No 2) (2025-152) – published LW 4 April 2025
Port Stephens Local Environmental Plan 2013 (Amendment No 46) (2025-153) – published LW 4 April 2025
Ryde Local Environmental Plan 2014 (Map Amendment No 5) (2025-154) – published LW 4 April 2025
State Environmental Planning Policy Amendment (Redmond Place Precinct) 2025 (2025-155) – published LW 4 April 2025
State Environmental Planning Policy Amendment (St John's Cathedral—Northern Site) 2025 (2025-156) – published LW 4 April 2025
Sydney Local Environmental Plan (Planning Systems) (Map Amendment No 1) (2025-157) – published LW 4 April 2025
Warringah Local Environmental Plan Amendment (Temporary Housing) 2025 (2025-158) – published LW 4 April 2025
Bayside Local Environmental Plan 2021 (Amendment No 10) (2025-164) – published LW 11 April 2025
Blacktown Local Environmental Plan (Precincts – Central River City) (Map Amendment No 5) (2025-165) – published LW 11 April 2025
Central Coast Local Environmental Plan 2022 (Map Amendment No 11) (2025-166) – published LW 11 April 2025
Dubbo Regional Local Environmental Plan 2022 (Amendment No 6) (2025-167) – published LW 11 April 2025
Glen Innes Severn Local Environmental Plan 2012 (Map Amendment No 1) (2025-168) – published LW 11 April 2025
Parramatta Local Environmental Plan 2023 (Amendment No 14) (2025-169) – published LW 11 April 2025
State Environmental Planning Policy Amendment (Narrabri Place Strategy) 2025 (2025-170) – published LW 11 April 2025
State Environmental Planning Policy Amendment (WestConnex Dive Site) 2025 (2025-171) – published LW 11 April 2025
Canterbury-Bankstown Local Environmental Plan 2023 (Amendment No 5) (2025-174) – published LW 17 April 2025
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 16) (2025-175) – published LW 17 April 2025
Ku-ring-gai Local Environmental Plan 2015 (Amendment No 38) (2025-176) – published LW 17 April 2025
Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 19) (2025-177) – published LW 17 April 2025
Liverpool Local Environmental Plan (Precincts – Western Parkland City) (Map Amendment No 3) (2025-178) – published LW 17 April 2025
Parramatta Local Environmental Plan 2023 (Map Amendment No 8) (2025-179) – published LW 17 April 2025
Pittwater Local Environmental Plan 2014 (Amendment No 13) (2025-180) – published LW 17 April 2025
Port Macquarie- Hastings Local Environmental Plan 2011 (Map Amendment No 9) (2025-181) – published LW 17 April 2025
Byron Local Environmental Plan 2014 (Amendment No 48) (2025-185) – published LW 24 April 2025
Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 12) (2025-186) – published LW 24 April 2025
Inner West Local Environmental Plan 2022 (Amendment No 13) (2025-187) – published LW 24 April 2025
Sydney Local Environmental Plan 2012 (Amendment No 107) (2025-188) – published LW 24 April 2025
Upper Lachlan Local Environmental Plan 2010 (Amendment No 8) (2025-189) – published LW 24 April 2025
Bills introduced – Government
Community Improvement Districts Bill 2025
Bills introduced – Non-Government
Protection of the Environment Operations Amendment (e-Waste) Bill 2025
Bills revised following amendment in Committee
Environmental Planning and Assessment Amendment Bill 2025
Work Health and Safety Amendment (Standalone Regulator) Bill 2025
Bills passed by both Houses of Parliament
Energy Amendment (Pipelines and Gas Safety) Bill 2025
Work Health and Safety Amendment (Standalone Regulator) Bill 2025
Bills assented to
Automatic Mutual Recognition Legislation Amendment Act 2025 No 17 – Assented to 02 April 2025
Work Health and Safety Amendment (Standalone Regulator) Act 2025 No 18 – Assented to 09 April 2025
Energy Amendment (Pipelines and Gas Safety) Act 2025 No 21 – Assented to 09 April 2025
Product Lifecycle Responsibility Act 2025 No 22 – Assented to 09 April 2025
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.
