Residential focus – in the media, in practice and courts, published articles, papers and reports, cases and legislation -

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

Environmental planning instruments

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.

Australia: Residential focus – in the media, in practice and courts, published articles, papers and reports, cases and legislation

In the media

In practice and courts

Published – articles, papers, reports

Cases

Legislation

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