Australia

In the media

Is it time to buy the worst house in the best street yet?
It is evident that buyers are avoiding 'fixer-uppers' due to increasing construction costs and the uncertainty surrounding what the renovations are going to cost at the moment (29 September 2022). More.

Class action threatened over WestConnex property damage claims
The NSW government is being threatened with a class action suit from homeowners in Sydney's inner suburbs with claims that their properties have been damaged due to the construction of the multibillion-dollar WestConnex motorway (30 September 2022). More.

How sustainable building materials could help the construction sector overcome worker shortages
It has been found that engineered timber products are more expensive but require less labour than traditional materials. However, due to severe worker shortages in the construction sector, 'going green' could be for the greater good of the environment (28 September 2022). More.

Rocky outlook for home building sector
The home building sector looks to remain subdued until 2026 due to high interest rates, soaring inflation and ongoing labour and material shortages. Masters Builders CEO has advised that the residential construction industry had faced long-term challenges such as land shortages and delayed approvals for land title and building applications (27 September 2022). More.

In practice and courts

The NSW Government is working to increase confidence in the building and construction industry. They want to hear from builders, specialist tradespeople, building professionals, developers, building owners, certifiers, strata managers fire safety practitioners and members of the public. The consultations is open until 7 October 2022. Read more here.

Published - articles, papers, reports

Engineering Construction Activity, Australia
The Australian Bureau of Statistics estimates the value of engineering construction work done, commenced and yet to be done. Read more here.

Cases

Vujica v TNM Roofing Pty Ltd [2022] NSWCATAP 305
BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) - Enforceability of contract - requirement for writing - whether non-compliance with s 7 requirements renders contact unenforceable by contractor EVIDENCE - admissibility where rules of evidence do not apply - Procedural Direction 3 - Expert Evidence - failure to sign and date report - procedural fairness

Australian Consumer Law (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Evidence Act 2005 (NSW); Fair Trading Act 1987 (NSW); Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW); Statute Law (Miscellaneous Provision) Act (No 2) 2001 (NSW)

Green Power Planet Pty Ltd v Deschanel [2022] NSWCATAP 314
APPEALS - refusal to allow fresh evidence as reasonably available before initial hearing - renewal of proceedings following non-compliance with work order - money order made - decision not to make further work order open to the Tribunal - leave to appeal refused.

Civil and Administrative Tribunal Act 2013; Home Building Act 1989

Onslow v Cullen [2022] NSWSC 1257
BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) - Statutory warranty - Proceedings for breach - where contract extracted statutory warranties - where proceedings for minor defect brought after two years - where magistrate found limitation periods in s 18E did not apply - where prefatory words "to the extent required by the Home Building Act" used - held to incorporate limitation period APPEALS - Procedural fairness - where party made concession in case summary prepared in accordance with practice note - where magistrate disregarded concession - held to constitute a denial of procedural fairness APPEALS - Procedural fairness - Failure to give reasons - where preliminary ruling made subject to any authorities being brought to magistrate's attention - unorthodox approach - failure to address principal submissions of one party in reasons APPEALS - from Local Court to Supreme Court - where grounds involved statutory interpretation and denial of procedural fairness - where held to involve questions of law - leave not required

Civil Procedure Act 2005 (NSW); Home Building Act 1989 (NSW); Limitation Act 1969 (NSW); Local Court Act 2007 (NSW); Uniform Civil Procedure Rules 2005 (NSW)

Oslear v Commissioner of Fair Trading [2022] NSWCATOD 110
ADMINISTRATIVE LAW - administrative review of decision to refuse an owner builder permit for the construction of a detached dual occupancy - whether special circumstances exist justifying the issue of a permit - meaning of special circumstances in s 32(1A) of the Home Building Act 1989 - no special circumstance found

Administrative Decisions Review Act 1989 (NSW); Home Building Act 1989 (NSW); Home Building Amendment Act 2014 (NSW); Interpretation Act 1987 (NSW)

Warburton v County Construction (NSW) Pty Ltd [2022] NSWSC 1281
BUILDING AND CONSTRUCTION - Contract - Damages - Quantification - Quantification of damages for the rectification of defects - Where there is disagreement between expert witnesses as to quantification

Forte Sydney Construction Pty Ltd v N Moit & Sons (NSW) Pty Ltd [2022] NSWCA 186
CONTRACTS - Formation - Acceptance of offer - Acceptance by conduct - Where the parties each propounded draft documents - Where neither party expressly accepted the draft provided by the other party - Where respondent commenced works - Whether respondent by its conduct accepted the contract propounded by the appellant

CONTRACTS - Formation - Subsequent conduct - Where appellant sought variation of the works ostensibly in accordance with contract provisions - Extent to which subsequent conduct is relevant to questions of formation

Piety Constructions Pty Ltd v Hville FCP Pty Ltd [2022] NSWSC 1318
BUILDING AND CONSTRUCTION - where payment schedule under Building and Construction Industry Security of Payment Act 1999 (NSW) served using Procore electronic information exchange system - whether provision in building contract concerning electronic service of documents engaged - whether payment schedule provided within 10 day limit in s 14 of the Act - whether electronic service deemed to occur at 9.30am on day following electronic receipt - where developer had actual notice of payment schedule on the evening of receipt - whether plaintiff builder entitled to recover claimed amount under s 15 of the Act

Building and Construction Industry Security of Payment Act 1999 (NSW); Corporations Act 2001 (Cth); Electronic Transactions Act 200 (NSW)

Rengasamy v Chief Commissioner of State Revenue [2022] NSWCATAD 272
TAXES AND DUTIES - First Home Owner Grant (New Homes) - substantially renovated home

A New Tax System (Goods and Services Tax) Act 1999 (Cth); Administrative Decisions Review Act 1997 (NSW); Duties Act 1997 (NSW); First Home Owner Grant (New Homes) Act 2000 (NSW); Taxation Administration Act 1996 (NSW)

Legislation

Regulations and other miscellaneous instruments
Environment Planning and Assessment Amendment (Conflict of Interest) Regulation 2022 - published LW 30 September 2022
Strata Schemes Management Amendment (Miscellaneous) Regulation 2022- published LW 30 September 2022

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.

Residential Focus - Part 2: In the media, Reports, Cases, Legislation

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