All Things Newz
Law \ Legal

Residential Focus: B – In the media, In practice and courts, Reports, Cases and Legislation – Real Estate



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In the media

Interest rate hikes hit home lending

“Loans for the construction or purchase of new houses
fell by 4.0 per cent in July, highlighting the impact of the recent
increases in the RBA’s cash rate,” stated HIA Economist,
Tom Devitt (1 September 2022).
More…

National construction code changes to add thousands of
dollars to cost of new homes, builders say

From October next year, all new homes will need to meet
accessibility and energy efficiency requirements in many parts of
Australia. Queensland’s peak industry body, Master Builders,
said they anticipated the changes would add an extra $30,000 to an
average build (29 August 2022).
More…

NSW Government announce BASIX changes

Following the announcement of changes to the NCC 2022
energy efficiency provisions last week, the NSW Government has
today announced the equivalent changes for NSW that will apply
under BASIX (29 August 2022).
More…

Recycling COVID PPE for the construction industry
(Audio)

Face masks, shields and other PPE have become a feature of
everyday life in recent years because of the COVID pandemic. Now a
team at Melbourne’s RMIT University have devised a means of
using what is currently consigned to landfill, to develop stronger
and more durable concrete for the construction industry (25 August
2022).
More…

Time to attract women to construct

Construction is one of Australia’s largest and most
highly skilled industries, and it is also a bastion of male
domination. Just 12 per cent of the construction workforce are
women, meaning the industry is missing out on employing half the
working population—and this is at a time when a massive
105,000 additional construction workers are needed to deliver
Australia’s project pipeline (2 September 2022).
More…

Wollongong high-rise apartment construction sites fail
safety inspections

A snap inspection of high-rise apartment buildings under
construction in Wollongong has uncovered a number of safety and
structural issues. NSW Fair Trading, Safework NSW and the NSW
Building Commissioner carried out the inspections this week
uncovering safety issues at a number of work sites (2 September
2022).
More…

In practice and courts

Have Your Say: More compliant and fire-safe
buildings

The NSW Government is working to increase confidence in
our building and construction industry. They are asking for your
views on changes that will improve building design, construction
and fire safety. They want to hear from builders, specialist
tradespeople, building professionals, developers, building owners,
certifiers, strata managers, fire safety practitioners and members
of the public. Responses are invited until 7 October 2022. Read
more
here
.

Published – articles, papers, reports

Australian Building and Construction Commission Industry
Update – August 2022

This release from the ABCC provides an overview of their
work in and out of the Australian courts since June. Read more
here
.

Building Approvals, Australia

The ABS has provided the number of dwelling units and
value of buildings approved for July 2022. 6 September 2022:
Release

Construction Work Done, Australia, Preliminary

The ABS has provided preliminary estimates of value of
total construction work done, building work done and engineering
construction work done for June 2022. 31 August 2022:
Release

Interim Consultation Report: Responses to Consultation
RIS on proposed NCC 2022 residential energy efficiency
provisions

In 2019, Building Ministers tasked the ABCB with updating
the energy efficiency provisions for residential buildings in NCC
2022, informed by the ‘Trajectory for Low Energy Buildings’
policy. The ABCB developed options for improving the energy
efficiency of new residential buildings (houses and apartments).
This interim report addresses the responses of stakeholders to
these options (June 2022). Read more
here
.

Cases


Capitalink Pty Ltd v Whitnall
[2022] NSWDC 396


CIVIL PROCEDURE – costs – security for costs –
plaintiff as trustee company – suit against guarantor arising
from the principal builder’s alleged failure to complete
construction works – plaintiff’s reliance upon right of
indemnity and proposed arrangements to secure right of indemnity
through proposed charge and deed of priority – whether
security adequate as alternative to ‘cash’ security ordered
by the Court – consideration of quantum


Nu-Stone Building Pty Ltd v McInerney
[2022] NSWCATAP 285


BUILDING AND CONSTRUCTION – calculation of
damages


Shoostovian v Commissioner for Fair
Trading
[2022] NSWCATOD
93


HOME BUILDING ACT – Fit and Proper person –
whether person of good repute – disqualification –
consumer protection – seriousness of offending


The Owners – Strata Plan No 47383 v
McCullum
[2022] NSWCATAP
283


LAND LAW – Strata title – By-laws –
Whether installation of structure permitted by by-law


The Owners – Strata Plan No 90018 v Parkview
Constructions Pty Ltd
[2022] NSWSC
1123


BUILDING AND CONSTRUCTION – residential building
work – whether separate causes of action for each breach of
the statutory warranties under the Home Building Act 1989 (NSW)
– whether single cause of action for all breaches of those
statutory warranties or for each individual statutory warranty
– application of Onerati principle


Trinvass Pty Ltd and Anor v Connect Infrastructure
Design Pty Ltd
[2022] NSWDC
394


BUILDING AND CONSTRUCTION – Contract – Implied
terms – Australian Consumer Law – CONSUMER LAW –
False or misleading representations – Representations about
goods or services

Legislation

Regulations and other miscellaneous instruments


Associations Incorporation Regulation 2022

(2022-522) – published LW 31 August
2022

Conveyancing (Sale
of Land) Regulation 2022 (NSW)
– commenced 26
August 2022


Biosecurity Order (Permitted Activities) Amendment Order 2022 (No
2)
(2022-529) – published LW 2
September 2022


Building and Construction Industry Long Service Payments Regulation
2022
(2022-523) – published LW
31

August 2022


Environmental Planning and Assessment Amendment (Notice
Requirements) Regulation 2022

(2022-530) – published LW 2 September
2022


Environmental Planning and Assessment Amendment (Sustainable
Buildings) Regulation 2022
(2022-520)
– published LW 29 August 2022


Explosives Amendment (Exemptions) Regulation 2022

(2022-531) – published LW 2 September
2022


Independent Pricing and Regulatory Tribunal Regulation
2022
(2022-524) – published LW
31 August 2022


State Environmental Planning Policy (Transport and Infrastructure)
Amendment (Intertrade Industrial Park) 2022

– commenced 26 August 2022


Subordinate Legislation (Postponement of Repeal) Order (No 2)
2022
(2022-525) – published LW
31 August 2022


Surveillance Devices Regulation 2022

(2022-526) – published LW 31 August
2022


Treasurer’s Direction TD22-27 – Amendment to TD
21-04
(2022-538) – published LW
2 September 2022


Water Sharing Plan for the Murray Alluvial Groundwater Sources
Amendment Order 2022
(2022-537)
– published LW 2 September 2022

Environmental Planning Instruments


Campbelltown Local Environmental Plan 2015 (Map Amendment No 7)
(2022-532)
– published LW 2 September 2022


State Environmental Planning Policy (Exempt and Complying
Development Codes) Amendment (Change of Use) 2022
(2022-528)
– published 1 September 2022


State Environmental Planning Policy (Sustainable Buildings) 2022
(2022-521)
– published LW 29 August 2022


State Environmental Planning Policy Amendment (Inner West) 2022
(2022-527)
– published LW 31 August 2022


Sydney Local Environmental Plan 2012 (Map Amendment No 1)
(2022-533)
– published LW 2 September 2022


The Hills Local Environmental Plan 2019 (Map Amendment No 1)
(2022-534)
– published LW 2 September 2022


Tweed Local Environmental Plan 2014 (Map Amendment No 1)
(2022-535)
– published LW 2 September 2022


Woollahra Local Environmental Plan 2014 (Amendment No 25)
(2022-536)
– published LW 2 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.

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