Australia

In the Media

NSW Government acting to strengthen building industry
The Minns Labor Government is acting to strengthen the quality of building and construction in NSW by establishing a NSW Building Commission by the end of the year – a single body to oversee the regulation, licensing and oversight of the industry (16 May 2023). More...

Proposed NSW Building commission must support housing supply
HIA Director David Bare shares his thoughts on the NSW Government establishing a Building Commission & it's impact on housing supply (17 May 2023). More...

Federal Budget highlights importance of strata to achieve government agenda
Significant advocacy victories for the strata sector amid increased federal government engagement have shown in the 2023-24 Budget that strata is key to the federal government's agenda (10 May 2023). More...

New national construction forum funded in Federal Budget 2023
The Federal Budget delivered on Tuesday 9 May 2023 included welcome funding to establish the National Construction Industry Forum (NCIF) (10 May 2023). More...

Developers get a budget boost for housing
Major ASX-listed property players involved in residential development, including Lendlease, Mirvac and Stockland, can expect a boost from federal budget measures to support investment into build-to-rent projects and increase rental relief for many residents in land lease-style housing estates. More...

New report addresses how construction firms can kickstart growth
CreditorWatch has published a new report on managing credit risk in the Australian construction industry, titled ' Cracks in the Foundations 2023'. The report provides an analysis of the current state of the construction industry, with guidance for firms to help them navigate challenging market conditions and kickstart growth (9 May 2023). More...

Housing industry warns of grim outlook as lending curbs begin to bite
Credit curbs are prompting the cancellation of one existing home sale for every three new contracts signed, further slowing a pipeline of new housing development that threatens to send builders to the wall as activity dries up (18 May 2023). More...

'Home builders need deep pockets to survive downturn'
NSW home builder Rawson, whose net loss nearly doubled to $28.9 million last year, is counting on the backing of parent company Daiwa to ride out a downturn that it says will take another six months for market confidence to return (18 May 2023). More...

In practice and courts

Decisions reserved as at 12 May 2023
The Court of Appeal maintains a list of matters before the Court for which judgment is reserved. Read more here.

Published – articles, papers, reports

ACIF: May 2023 ACIF Forecasts results
Read the media release published by ACIF which discusses construction industry findings from the May 2023 ACIF Forecasts (16 May 2023). More...

Creditors Watch: Cracks in the Foundations 2023
The report covers the latest data on the health of the construction sector, the state of play for smaller construction firms, what construction businesses can do to navigate difficult market conditions, and the construction sector outlook. Read more here.

ABCB: New NCC CPD is now available
NCC CPD micromodules have been developed for CPD providers to deliver as part of their own CPD activities. Our aim is to complement existing programs and increase National Construction Code (NCC) content in education. This will ultimately improve practitioner understanding and achieve NCC compliant outcomes (18 May 2023). Read more here.

ABCB: Use of AS 1324.2 for demonstrating air filter efficiency
Some practitioners and suppliers have asked whether a recent edition of the ABCB handbook 'Indoor Air Quality Verification Methods' considers AS 1324.2:2003 outdated as it referred to the standard having 'legacy' test methods. The answer is no; AS 1324.2:2003 has contemporary application for Performance Solutions for the verification of indoor air quality. Further, for a DTS Solution, AS 1324.2:2003 is the only applicable test standard for air filter efficiency. Read more here.

Cases

McLachlan v Edwards Landscapes Pty Ltd [2023] NSWSC 532
BUILDING AND CONSTRUCTION – jurisdiction of NSW Civil and Administrative Tribunal under the Home Building Act 1989 (NSW) – where claim substantively concerns breach of statutory warranty.
APPEALS – leave to appeal – whether leave required – interlocutory decisions – where matter transferred from Local Court to NSW Civil and Administrative Tribunal.|
Design and Building Practitioners Act 2020 (NSW); Home Building Act 1989 (NSW); Local Court Act 2007 (NSW).

Madic Construction Pty Ltd v Noble [2023] NSWCATAP 130
APPEAL – HOME BUILDING – renewal proceedings – orders made must be other than original orders – against the weight of evidence.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW).

Hall v Commissioner for Fair Trading [2023] NSWCATOD 59
ADMINISTRATIVE LAW – Home building – application for individual contractor licence – application of Instrument – experience requirements – "employee" – "remuneration" – whether an employee.
Administrative Decisions Review Act 1997; Building Legislation Amendment Act 2021; Civil and Administrative Tribunal Act 2013; Home Building Act 1989; Licensing and Registration (Uniform Procedures) Act 2002.

Vlaanderen v Schuessler [2023] NSWCATAP 126
APPEAL – HOME BUILDING – dismissal of compensation claim – no error of law – no issue of principle.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW).

The Owners-Strata Plan No. 86807 v Crown Group Constructions Pty Ltd (No 2) [2023] NSWSC 520
CIVIL PROCEDURE – originating process – amendment – claim under Design and Building Practitioners Act 2020 (NSW) – where no evidence of non-compliance with the Building Code of Australia – discretionary matters – where delay in bringing application – where no evidence of irremediable prejudice – leave granted conditional on evidence that building work did not comply with Building Code of Australia.
CIVIL PROCEDURE – originating process – amendment – claim under Design and Building Practitioners Act 2020 (NSW) – whether claim apportionable – determination as to the applicability of Pt 4 of the Civil Liability Act 2002 (NSW) unnecessary to grant of leave to amend.
Building Code of Australia; Civil Liability Act 2002 (NSW); Design and Building Practitioners Act (2020) (NSW); Environmental Planning and Assessment Act 1979 (NSW); Home Building Act 1989 (NSW); Law Reform (Miscellaneous Provisions) Act 1946 (NSW); Limitation Act 1969 (NSW); Limitation Act 1969 (NSW).

Brucic Pty Ltd v Turton [2023] NSWCATAP 129
BUILDING AND CONSTRUCTION – breach of statutory warranty of due care and skill under the Home Building Act 1989 (NSW) – whether work done was residential building work-whether work was done on a "driveway", which is included within the definition of a "dwelling" – work done on part of road used to access dwelling on a small rural property – whether question of law involved – conclusion that work was done on a "driveway" was open to the Tribunal.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Rules 2014 (NSW); Home Building Act 1989 (NSW).

Kember v Commissioner for Fair Trading [2023] NSWCATOD 60
ADMINISTRATIVE LAW – REVIEW OF DECISION BY EXTERNAL DECISION-MAKER – decision to refuse contractor licence pursuant to the Home Building Act 1989 (NSW) – fit and proper person.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Firearms Act 1996 (NSW); Home Building Act 1989 (NSW); Weapons Prohibition Act 1998 (NSW).

Goodman v Commissioner for Fair Trading [2023] NSWCATOD 66
ADMINISTRATIVE LAW – Home Building Act – administrative review of decision to refuse application for renewal of licence – fit and proper person requirement – whether applicant took all reasonable steps to avoid external administration – whether applicant is capable of doing the work for which the certificate is required.
Administrative Disputes Review Act 1997; Home Building Act 1989.

Regulation and other miscellaneous instruments

Liquor Amendment (Alternative Age Verification) Regulation 2023 (2023-251) – published LW 17 May 2023

Environmental Planning Instruments

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Residential Focus: Part 2 - In the media, In practice and courts, Cases and Legislation

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