In the media
Construction slump coming, Macquarie warns
Macquarie has warned of a construction slump in the
residential construction sector "as fixed home loans roll off
and "play havoc" with residential construction, building,
and renovations" (08 March 2023).
More...
Construction company collapses tipped to continue due to rising material costs, interest rates hikes "The future of dozens of projects in Queensland, including two sites on the Gold Coast, New South Wales and the Australian Capital Territory is uncertain after the collapse of PBS Building this week". (12 March 2023). More...
Planning tick of approval for Powerhouse Ultimo
Renewal
Concept planning consent has been granted to enable the
renewal of the Powerhouse Museum (23 February 2023). Have your say
here.
More...
In practice and courts
Building reform regulation an opportunity missed by NSW
Government
The Australian Institute of Architects is concerned that
the NSW government's Building Legislation Amendment Regulation
2023 "is a backward step in the protection of consumers in
NSW" (01 March 2023). Read more
here.
Parklands across Western Sydney to be transformed by
once-in-a-generation investment
"Vast areas of green and open space will be
transformed in the biggest ever investment in Western Sydney's
public parklands as part of the NSW Liberals and Nationals
Government's $5 billion WestInvest Program" (02 March
2023). Read more
here.
Published – articles, papers, reports
Australian Bureau of Statistics: Building approvals,
Australia
The Australian Bureau of Statistics has released its
latest statistics on the number of dwelling unit approvals in
Australia for January 2023 (02 March 2023). Read more
here.
Cases
Larsen v
Tastec Pty Ltd [2023] NSWCA
39
CONSUMER LAW – misleading or deceptive conduct
– where appellants engaged first respondent for the supply
and assembly of a pre-fabricated house – where
representations made by respondents regarding the cladding material
to be used under the contract – where appellants, in reliance
on the representations, agreed to a contractual variation regarding
cladding material – whether cladding representations were
misleading or deceptive – whether appellants suffered loss or
damage as a result of agreeing to contractual variation in reliance
on cladding representations.
CONTRACTS – breach of contract – breach of express
terms – defective performance – whether respondents
breached express terms of contract related to supply and
installation of doors and windows.
CONTRACTS – parties – where dispute as to whether
appellants entered into contract in their personal capacity or as
trustees of their superannuation fund – whether
appellants' claim, which was brought in their capacity as
trustees of their superannuation fund, could be maintained.
Competition and Consumer Act 2010 (Cth); Design and Building
Practitioners Act 2020 (NSW); Home Building Act 1989 (NSW); Trade
Practices Act 1974 (Cth).
Hua Nan
Trading Pty Ltd v The Owners – Strata Plan No
32396 [2023] NSWCATAP
66
LAND LAW – strata title – common property
– maintenance and repair of common property – action
for damages by lot owner – proceedings commenced more than
two years after the owner became aware of loss – extension of
time – the temporal element in s 106(6) of the Strata Schemes
Management Act 2015 not a jurisdictional fact – time to
extend that period of time pursuant to s 41 of the Civil and
Administrative Tribunal Act 2013.
ADMINISTRATIVE LAW – particular administrative bodies –
NSW Civil and Administrative Tribunal – jurisdiction and
power to extend time pursuant to s 41 of the Civil and
Administrative Tribunal Act 2013 – Tribunal may extend time
despite any provision to the contrary under legislation conferring
general jurisdiction - Tribunal may extend time even if the
relevant period of time has expired – s 41 beneficial
legislation – no warrant to impose limitations on the power
expressed in s 41.
Civil and Administrative Tribunal Act 2013; Corporations Law; Home
Building Act 1989 (NSW); Strata Schemes Management Act 2015
(NSW).
Qui v
Balmoral Street Developments Pty Ltd [2023]
NSWCATAP 60
APPEAL – significant delay in lodgement –
insufficient apparent merit to warrant extension of time.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Strata Schemes (Freehold
Development) Act 1973 (NSW); Strata Schemes Development Act 2015
(NSW).
Vidler v
Lee t/as Northern Rivers Landscaping [2023]
NSWCATAP 52
APPEAL – NCAT – appeal from Consumer and
Commercial Division – no question of law - leave to appeal
– new evidence - expert evidence – weight to be
afforded expert evidence where there has been non-compliance by
both parties with Procedural Direction 3 – unjust result
– remitter.
Civil and Administrative Tribunal Act 2013 (NSW); Evidence Act 1995
(NSW); Home Building Act 1989 (NSW); Home Building Regulation 2014
(NSW).
Civil Procedure Act 2005 (NSW); Conveyancing Act 1919 (NSW);
Protection of the Environment Operations Act 1997 (NSW).
The Owners – Strata Plan No 74232 v
Tezel [2023] NSWCA
35
LAND LAW – strata title – owners corporation
– maintenance and repair of common property – breach of
obligation to maintain and repair common property – where
unit affected by water leakage – where respondent lot owner
unsuccessfully attempted to rent out unit in 2016 – action
for recovery of loss of rent from owners corporation pursuant to s
106(5) of the Strata Schemes Management Act 2015 (NSW)
– whether action was time barred by s 106(6) of the
Act.
STATUTORY INTERPRETATION – limitation of action – where
claim made on 6 November 2020 for loss of rent pursuant to s 106(5)
of Strata Schemes Management Act 2015 (NSW) –
whether claim was time barred by s 106(6) of that Act –
whether respondent first became aware of the loss in 2016 or on 6
November 2018 – whether "the loss" in s 106(6)
refers to the kind or type of loss that the lot owner is entitled
to recover under s 106(5) or the particular loss that she is
seeking to recover.
APPEALS – cross-appeal under s 83 of the Civil and
Administrative Tribunal Act 2013 (NSW) – where appeal
with leave limited to a question of law – whether grounds of
cross-appeal raised questions of law.
Civil and Administrative Tribunal Act 2013 (NSW); Limitation Act
1969 (NSW); Strata Schemes Development Act 2015 (NSW); Strata
Schemes Management Act 1996 (NSW); Strata Schemes Management Act
2015 (NSW); Trade Practices Act 1974 (Cth).
Legislation
NSW Legislation
Regulations and other miscellaneous instruments
Access
Licence Dealing Principles (Special Areas) Amendment Order 2023
– published LW 2 March 2023
Electricity
Supply (General) Amendment (Green Hydrogen Limitation) Regulation
2023 – published LW 2 March 2023
Environmental
Planning and Assessment Amendment (Activation Precincts) Regulation
2023 – published LW 2 March 2023
Environmental
Planning and Assessment Amendment (Conflict of Interest) Regulation
2023 – published LW 2 March 2023
Environmental
Planning and Assessment Amendment (Great Western Highway Upgrade
– Blackheath to Little Hartley Project) Order 2023
– published LW 2 March 2023
Environmental
Planning and Assessment Amendment (State Significant
Infrastructure) Order 2023 – published LW 2 March
2023
Home
Building Amendment (Insurance Cover) Regulation 2023 –
published LW 2 March 2023
Local
Government (General) Amendment (Tendering) Regulation 2023
– published LW 2 March 2023
Local
Government (Regional Joint Organisations) Amendment Proclamation
2023 – published LW 2 March 2023
Protection
of the Environment Operations (Waste) Amendment (Waste
Contributions) Regulation 2023 –published LW 2 March
2023
Water
Management (General) Amendment (Specific Purpose Access Licences)
Regulation 2023 – published LW 2 March 2023
Water
Management (General) Amendment (Temporary Offence Exemptions)
Regulation 2023 – published LW 2 March 2023
Water
Sharing Plan for the Towamba River Unregulated and Alluvial Water
Sources 2023 – published LW 2 March 2023
Workers
Compensation (Indexation) Order 2023 – published LW 1
March 2023
Workers
Compensation Amendment (Penalty Notice Offences) Regulation
2023 – published LW 2 March 2023
Building
Legislation Amendment (Building Classes) Regulation 2023
– published LW 24 February 2023
Environmental
Planning and Assessment Amendment (Central-West Orana Renewable
Energy Zone Transmission) Order 2023 – published LW 24
February 2023
Environmental
Planning and Assessment Amendment (Dubbo) Regulation 2023
– published LW 24 February 2023
Environmental
Planning and Assessment Amendment (Sydney Terminal Building
(Central Station) Revitalisation Project) Order 2023 –
published LW 24 February 2023
Planning
Legislation Amendment (National Construction Code) Regulation
2023 – published LW 24 February 2023
Protection
of the Environment Operations Amendment (Waste Storage) Regulation
2023 – published LW 24 February 2023
Water
NSW Amendment (Wingecarribee Special Area-Part) Regulation 2023
– published LW 24 February 2023
Protection
of the Environment Operations Legislation Amendment (Miscellaneous)
Regulation 2023 – published LW 17 February 2023
Waste
Avoidance and Resource Recovery (Container Deposit Scheme)
Amendment (Miscellaneous) Regulation 2023 – published LW
17 February 2023
Water
Sharing Plan for the Barwon-Darling Unregulated River Water Source
Amendment Order 2023 – published LW 17 February
2023
Water
Management (General) Amendment Regulation 2023 –
published LW 10 February 2023
Work
Health and Safety Amendment (Demolition Licensing) Regulation
2023 – published LW 10 February 2023
Environmental planning instruments
Cabonne
Local Environmental Plan 2012 (Map Amendment No 1) –
published LW 10 March 2023
Coffs
Harbour Local Environmental Plan 2013 (Amendment No 30) –
published LW 10 March 2023
Cumberland
Local Environmental Plan 2021 (Map Amendment No 3) –
published LW 10 March 2023
Camden
Local Environmental Plan Amendment (Precincts – Western
Parkland City) 2023 – published LW 2 March 2023
Central
Coast Local Environmental Plan 2022 (Map Amendment No 6)
– published LW 2 March 2023
Great
Lakes Local Environmental Plan 2014 (Map Amendment No 5)
– published LW 2 March 2023
Ku-ring-gai
Local Environmental Plan 2015 (Amendment No 30) –
published LW 2 March 2023
Liverpool
Local Environmental Plan 2008 (Amendment No 96) –
published LW 2 March 2023
Parramatta
Local Environmental Plan 2023 – published LW 2 March
2023
Snowy
River Local Environmental Plan 2013 (Amendment No 5) –
published LW 2 March 2023
State
Environmental Planning Policy (Precincts – Regional)
Amendment (Activation Precincts) 2023 – published LW 2
March 2023
State
Environmental Planning Policy Amendment (Miscellaneous) 2023
– published LW 2 March 2023
Yass
Valley Local Environmental Plan 2013 (Amendment No 17) –
published LW 2 March 2023
Fairfield
Local Environmental Plan 2013 (Map Amendment No 4) –
published LW 24 February 2023
Narromine
Local Environmental Plan 2011 (Amendment No 10) –
published LW 24 February 2023
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Election Signs) 2023 – published LW 24
February 2023
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Miscellaneous) 2023 – published LW 24
February 2023
State
Environmental Planning Policy (Transport and Infrastructure)
Amendment (Electric Vehicles) 2023 – published LW 24
February 2023
State
Environmental Planning Policy Amendment (Great Lakes) 2023
– published LW 24 February 2023
State
Environmental Planning Policy Amendment (Land Use Zones) 2023
– published LW 24 February 2023
State
Environmental Planning Policy Amendment (National Construction
Code) 2023 – published LW 24 February 2023
State
Environmental Planning Policy Amendment (Redfern–North
Eveleigh Paint Shop Sub-precinct) 2023 – published LW 24
February 2023
Sydney
Local Environmental Plan 2012 (Map Amendment No 3) –
published LW 24 February 2023
Upper
Lachlan Local Environmental Plan 2010 (Amendment No 7) –
published LW 24 February 2023
Wentworth
Local Environmental Plan 2011 (Map Amendment No 3) –
published LW 24 February 2023
Willoughby
Local Environmental Plan 2012 (Map Amendment No 2) –
published LW 24 February 2023
Cessnock
Local Environmental Plan 2011 (Amendment No 37) –
published LW 17 February 2023
Lane
Cove Local Environmental Plan 2009 (Amendment No 40) –
published LW 17 February 2023
Lismore
Local Environmental Plan 2012 (Map Amendment No 4) –
published LW 17 February 2023
Ryde
Local Environmental Plan 2014 (Map Amendment No 1) –
published LW 17 February 2023
Sydney
Local Environmental Plan 2012 (Map Amendment No 2) –
published LW 17 February 2023
Bathurst
Regional Local Environmental Plan 2014 (Amendment No 19)
– published LW 10 February 2023
Shoalhaven
Local Environmental Plan 2014 (Map Amendment No 7) –
published LW 10 February 2023
Commonwealth legislation
Fair Work
(Registered Organisations) Act 2009 14/03/2023 – Act No.
86 of 1988 as amended
Fair
Work Act 2009 10/03/2023 – Act No. 28 of 2009 as
amended
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.