In the media
Australia needs better regulation for building
certifiers
"They are in a very difficult position because, on the one
hand, they have been given a responsibility to protect the public
interest—that is, the regulatory—and, on the other
hand, they have been given a commercial relationship with the
client," noted Australian Building Codes Board general manager
Neil Savery before the Senate Inquiry into Non-Conforming Building
Products (21 March 2018).
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Call for submissions on cladding
NSW Fair Trading Commissioner, Rose Webb, has today called for
public submissions about whether a building product use ban is
warranted on certain types of external cladding. This is the first
time a call for submissions about building product safety has been
made in New South Wales since the new Building Product Safety Act
was passed by Parliament last December (23 March 2018).
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NSW infrastructure vision released
NSW Premier, Gladys Berejiklian, released the NSW State
Infrastructure Strategy, the state's Future Transport Strategy
2056 and the Greater Sydney Region Plan. For the first time, these
plans were developed together to deliver important long-term
outcomes for the future (18 March 2018).
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Published
Negotiate and stay out of court - the case of mediation
in real estate
RICS Feature Article: 23 March 2018
Mediation is growing rapidly in popularity as a dynamic and
multi-faceted practice in many countries, including Australia,
which has been increasingly integrated into both new and existing
legislation.
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Practice and courts
Economics References Committee Inquiries
Non-conforming building products
Status: Submissions Closed. Date Referred: 11 October 2016.
Reporting Date: 30 April 2018.
NSW: Department of Finance: Update on the Fire Safety
and External Wall Cladding Taskforce
22 March 2018:
Update on the Fire Safety and External Wall Cladding
Taskforce
Public submissions on cladding
Submissions are being sought about a range of issues set out in
the Notice issued by the Commissioner. The call is seeking input
about the kinds of issues that should be considered including the
range of uses of products, uses on different types of buildings,
and by different people, and whether any conditions should be
attached to product uses. Submissions close on 23 April 2018 and
can be made in writing to NCBP@finance.nsw.gov.au.
More information about cladding and the call for submissions can be
found at www.fairtrading.nsw.gov.au
(23 March 2018).
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Cases
Rekrut and Scott v Champion Homes Sales Pty Ltd;
Champion Homes Sales Pty Ltd v Rekrut and Scott (No
2)[2018] NSWCATAP 64
ORDERS – Amendment – Amendment under the slip rule in
s 63 of the Civil and Administrative Tribunal Act 2013 (NSW)
– no issue of principle.
Athas v Baxter [2018] NSWCATAP
62
Existence of special circumstances to justify a costs order -
Home Building Act 1989 (NSW) – section 60 of the Act
applies to the respondent's costs application and the
respondent must satisfy the Appeal Panel that special circumstances
exists so as to enliven the power to award costs.
B & M Mitchell Pty Ltd v Mikell Investments Pty Ltd & Divlist Pty Ltd t/as Contemporary Homes [2018] NSWCATAP 63 Costs – Rules 38A and 38 of the Civil and Administrative Tribunal Rules 2014 - contract between a builder (Mikell Investments Pty Ltd & Divlist Pty Ltd t/as Contemporary Homes) and a homeowner (B & M Mitchell Pty Ltd).
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.
