In the media
Why technology has not transformed building
If you took a worker from a 1920s construction site and
transported them to a present day project, they would not be that
surprised by what they saw, according to Sam O'Gorman.
"Overall, across Europe and the US, stuff is still built in a
pretty manual fashion – not very different to the way it
would have been built 100 years ago," says Mr Gorman, an
associate partner in the property practice of consultancy firm
McKinsey (24 May 2024). Read more here.
Pilot program for Community Housing Providers takes
flight!
Today the NSW Government is launching a new pilot program
to help 20 Community Housing Providers (CHPs) navigate the planning
system to support the delivery of more affordable and community
housing. The Community Housing Concierge program will assist CHPs
to build planning capability and efficiently work with the planning
system to support the delivery of more than 3,600 affordable homes
in the next five years (24 May 2024). Read more here.
Broadmeadow's future mapped for the next 30
years
The NSW Government welcomes the City of Newcastle
releasing a bold vision for Broadmeadow to outline how housing,
employment opportunities and public spaces are developed over the
next 30 years. Council's draft Broadmeadow Place Strategy
envisages the revitalisation of a 313-hectare precinct, three
kilometres west of Newcastle's CBD, with up to 20,000 new homes
and 15,000 jobs while retaining Broadmeadow as the region's
premier sport and entertainment destination (22 May 2024). Read
more here.
Budget Secretly Housing an Opportunity
Housing is one of the most pressing challenges facing the
nation and all eyes are on the anticipated packages in the Federal
Budget aimed at alleviating the housing crisis. Australian
Constructors Association CEO Jon Davies says "Long-term
solutions are needed, and the government's Future Made policy
presents a chance to make significant productivity gains through
Modern methods of construction". Mr Davies adds that
"modern methods of construction (MMC) could revolutionise how
projects are built, shifting more work to factories. This form of
construction is far more productive as it is standardised, takes
place in controlled environments and is not subject to site-based
risks such as inclement weather. It creates more opportunities for
skilled workers in safer environments with increased opportunities
for flexible work hours" (9 May 2024). Read more here.
Home building hotspots in the Hunter revealed
The Housing Industry Association (HIA) today revealed
Australia's strongest markets for home building in the 2024
edition of the HIA Population and Residential Building Hotspots
Report. The Report identifies Australia's fastest-growing
suburbs and regional 'hotspots' based on population growth
and also indicates areas with high levels of building activity and,
therefore, employment for the building industry 23 May 2024). Read
more here.
Land supply re-emerging as the number one constraint on
home building
HIA Senior Economist Tom Devitt states that "a modest
recovery in residential lot sales has pushed up prices again in a
number of markets, indicating a shortage of shovel-ready
land". Mr Devitt adds that "state and local governments
that do not help bring sufficient shovel-ready land to market
– both greenfield and infill – will struggle to do
their share of the Australian government's national target of
1.2 million new homes over the next five years" (20 May 2024).
Read more here.
In practice and courts
NCC 2025 Public Comment Draft
The Australian Building Codes Board (ABCB) are proposing
changes to National Construction Code (NCC) Volume One to improve
the requirements for fire hazard properties of a building material,
component, or assembly (5 May 2024). Read the draft here.
NCC 2025 Public Comment Draft – Use of an
Accredited Testing Laboratory
The Australian Building Codes Board (ABCB) are proposing
to include additional instances for when an Accredited Testing
Laboratory (ATL) must be used to determine if a material, assembly
or product complies with certain requirements of the National
Construction Code (NCC) (5 May 2024). Read the draft here.
Publications
Silica-related regulatory updates
Safe Work Australia (SWA) is finalising regulations to
implement recent decisions made by WHS Ministers. These regulations
will define 'engineered stone', detail the prohibition
starting 1 July 2024, and establish model transitional arrangements
for contracts made before 31 December 2023 that won't be
completed by 1 July 2024 (21 May 2024). Read more here. Read the guidance on the engineered
stone prohibition and regulation of crystalline silica substances
here.
Changes to NSW Strata and Community Land Laws
Strata has become a large and complex part of the housing
mix in NSW. The laws have been updated. They aim to make strata and
community living fair and clear. The changes implement 31
recommendations from the 2021 Report on the Statutory Review of the
Strata Schemes Development Act 2015 and Strata Schemes Management
Act 2015 and align community land laws with strata laws. The
Report's recommendations were informed by public consultation
on the strata laws (14 May 2024). Read more and access the
legislation changes here.
Cases
Cole v Commissioner for Fair Trading
[2024] NSWCATOD 65
ADMINISTRATIVE LAW – Home building – application to
vary licence – application of Instrument – experience
requirements – 'wide range of building construction
work' – 'remuneration' – 'relevant
application form'.
Administrative Decisions Review Act 1997 (NSW); Home Building Act
1989 (NSW); Licensing and Registration (Uniform Procedures) Act
2002 (NSW)
Jones v Mega Awesome Kapow Constructions Pty
Ltd [2024] NSWCATAP 86
APPEALS – particular bodies – NCAT – power to
correct decisions under s 63 of the Civil and Administrative
Tribunal Act 2013 – whether own motion decision to amend
previous order by increasing amount claimed is the correction of an
obvious error.
APPEALS – leave to appeal – whether decision under s 63
of the decision Civil and Administrative Tribunal Act 2013 is an
ancillary or interlocutory decision – whether leave to appeal
required – leave to appeal granted.
BUILDING AND CONSTRUCTION – uninsured building work –
builder given leave to recover on a quantum meruit for identified
work – s 94 Home Building Act 1989 – whether
part-payments made by homeowner to be taken into account and
credited to homeowner when calculating amount owning on quantum
meruit – whether part-payment for work can be set-off against
amount claimed for work on quantum meruit – equitable set-off
– onus on builder to prove work done.
Civil and Administrative Tribunal Act 2013 (NSW) s 4, 38, 63, 80,
81 and cl 12(1) of Sch 4; Home Building Act 1989 (NSW) s 7, 94.
Metricon Homes Pty Ltd as trustee for Metricon
Homes Unit Trust v Lipari [2024] NSWSC 566
BUILDING & CONSTRUCTION – plaintiff constructed house for
defendant – plaintiff sued defendant for unpaid balance of
contract price – defendant claimed entitlement to set-off for
defects and brought cross-claim against plaintiff and against
structural engineer – whether defects established –
extent of defects – consequences of defects – proper
measure of damages.
CONSUMER LAW – misleading or deceptive conduct – claim
arose from communications concerning location of swimming pool
– whether pleaded representations were made – whether
representations were as to future matters or representations of
opinion – whether representations were misleading –
whether any loss or damage was suffered because of the
representations.
Competition and Consumer Act 2010 (Cth), Sch 2 – Australian
Consumer Law, ss 4, 18; Design and Building Practitioners Act 2020
(NSW), s 37; Home Building Act 1989 (NSW), s 18B.
Oxford (NSW) Pty Ltd v KR Properties Global
Pty Ltd [2024] NSWSC 613
FREEZING ORDERS – no question of principle.
Civil Procedure Act 2005 (NSW) s 56; Design and Building
Practitioners Act 2020 (NSW) s 37; Uniform Civil Procedure Rules
2005 (NSW) rr 25.11, 25.14(1)(a)(i) and (4)(b)(i).
Allsopp v Owners Corporation SP6006
[2024] NSWCATAP 93
COSTS – award for costs where appeal dismissed for
non-appearance of appellant – special circumstances –
appellant failing to appear at hearing of appeal despite expressly
requesting a hearing – failure to comply with duty under s
36(3) of the Civil and Administrative Tribunal Act 2013 (NSW)
– claim for lump-sum award of costs – principles
applicable to fixing lump-sum.
Civil and Administrative Tribunal Act 2013 (NSW); Strata Schemes
Management Act 2015 (NSW).
Minos v S.J. Timilty Building Pty Limited
(Deregistered) [2024] FCA 512
CORPORATIONS – application for reinstatement of a
deregistered company pursuant to s 601AH(2) of the Corporations Act
2001 (Cth) (Act) – application for orders that the company be
wound up pursuant to s 461(1)(k) of the Act and liquidator to be
appointed – whether plaintiffs are a "person
aggrieved" within the meaning of the Act – where
plaintiffs may have claims against the company under the Home
Building Act 1989 (NSW) – whether the reinstatement of the
company would be just – whether winding up of company would
be just and equitable – application granted – orders
made.
Corporations Act 2001 (Cth) ss 461, 601AA, 601AH; Home Building Act
1989 (NSW) ss 3B, 18B, 18C, 18E.
Lane v AGY Global Wealth Pty Ltd t/as Skylight
Energy [2024] NSWCATAP 83
JUDGEMENTS AND ORDERS – res judicata and issue estoppel
– applicable principles – application where party not a
party to the proceedings – Anshun estoppel – principles
applicable – abuse of process – subsequent proceedings
where issue lost in earlier proceedings by party propounding
issue.
EQUITABLE DEFENCES – equitable set-off – availability
in Tribunal proceedings – principles applicable –
ability to set-off judgement in Local Court against claim in
Tribunal dealing with the same subject matter.
Civil and Administrative Tribunal Act 2013 (NSW); Civil Procedure
Act 2005 (NSW); Gas and Electricity (Consumer Safety) Act 2017
(NSW); Home Building Act 1989 (NSW).
Yu
v Commissioner for Fair Trading [2024] NSWCATOD 61
ADMINISTRATIVE LAW – Home building – application for
individual contractor licence – application of Instrument
– experience requirements – 'wide range of building
construction work.
Administrative Decisions Review Act 1997 (NSW); Home Building Act
1989 (NSW); Licensing and Registration (Uniform Procedures) Act
2002 (NSW).
Hawcroft v Building Commission NSW [2024]
NSWCATOD 60
ADMINISTRATIVE REVIEW – Home Building – application for
variation of contractor licence – qualification and
experience requirements set out in instrument issued by the
Respondent – whether the applicant meets the requirements of
the Instrument.
Administrative Decisions Review Act 1997; Home Building Act 1989;
Mutual Recognition (New South Wales) Act 1992.
Legislation
Bills introduced by Government
Residential (Land Lease) Communities Amendment
Bill 2024 – introduced LA 14 May 2024
Non-Government
Environmental Planning and Assessment Amendment
(Affordable Housing) Bill 2024 – introduced LA 16 May
2024
Bills passed by both Houses of Parliament
Property NSW Amendment Bill 2024 –
passed by both Houses 14 May 2024
Regulation and other miscellaneous instruments
Cumberland Local Environmental Plan 2021 (Amendment
No 5) (2024-155) – LW 17 May 2024
Lake Macquarie Local Environmental Plan 2014 (Map
Amendment No 12) (2024-156) – LW 17 May 2024
North Sydney Local Environmental Plan 2013
(Amendment No 39) (2024-157) – LW 17 May 2024
Parramatta Local Environmental Plan 2023 (Amendment
No 8) (2024-158) – LW 17 May 2024
Penrith Local Environmental Plan 2010 (Amendment No
42) (2024-159) – LW 17 May 2024
Woollahra Local Environmental Plan 2014 (Amendment
No 38) (2024-160) – LW 17 May 2024
Byron Local Environmental Plan 2014 (Amendment No
41) (2024-168) – LW 24 May 2024
Campbelltown Local Environmental Plan 2015
(Amendment No 38) (2024-169) – LW 24 May 2024
Cessnock Local Environmental Plan 2011 (Amendment
No 42) (2024-170) – LW 24 May 2024
Cessnock Local Environmental Plan 2011 (Map
Amendment No 10) (2024-171) – LW 24 May 2024
Fairfield Local Environmental Plan 2013 (Amendment
No 45) (2024-172) – LW 24 May 2024
Sutherland Shire Local Environmental Plan 2015
(Amendment No 27) (2024-173) – LW 24 May 2024|
Warringah Local Environmental Plan 2011 (Map
Amendment No 4) (2024-174) – LW 24 May 2024
Woollahra Local Environmental Plan 2014 (Amendment
No 35) (2024-175) – LW 24 May 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.