04 May 2022
13 min read
#Property, Planning & Development, #Construction, Infrastructure & Projects
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Combustible cladding continues to confront building owners, construction professionals and regulators and shall for some time yet, as the legacy stock of affected buildings is gradually identified and addressed.
The NSW Government’s regulatory response to combustible cladding has thus far included implementing a 10-point plan of action, establishing the NSW Government's Fire Safety and External Wall Cladding Taskforce (Cladding Taskforce) and facilitating the remediation of combustible cladding on Class 2 residential apartment buildings through Project Remediate.
The Cladding Taskforce is chaired by the Department of Customer Service, and the Department of Planning and Environment is a key member.
In an effort to monitor the concerns surrounding combustible external cladding, on 13 April 2022, the Audit Office of NSW (Audit Office) released the Building regulation: Combustible external cladding audit report (Report). The Report examines the reforms put in place by the Department of Customer Service and Department of Planning and Environment and how effective these reforms have been in addressing combustible external cladding.
The audit involved nine local councils involved in the NSW Government’s 10-point plan of action, namely:
This article summarises the key components of the Report. To obtain the full benefit of the Report’s contents, we recommend reading the Report in its entirety.
To align with NSW Government’s 10-point plan, the criteria for the audit are set out in the below three questions (extracted from Appendix two – About the audit):
The Report provides a number of interesting insights. We have summarised the key findings of the Report below:
The Report recommends that the Department of Customer Service and the Department of Planning and Environment:
With the deadlines set for the second half of this year, we will be keeping readers updated on progress reported by the Department of Customer Service and the Department of Planning and Environment on compliance with the recommendations in the Report.
Authors: Christine Jones & Simona Njaim
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Building regulation: Combustible external cladding audit report
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Reliance Financial Services Pty Ltd v Antalija Developments No 4 Pty Ltd [2022] NSWSC 519
CONTRACTS – misleading conduct under statute – misleading or deceptive conduct – third and fourth defendants operate residential development business through second defendant – second plaintiff through her agent arranges for residential development project with third and fifth defendants – first defendant incorporated to purchase land on unit trust for second plaintiff, third defendant and fifth defendant themselves as trustees of separate discretionary trusts – plaintiffs claim enforcement of contract between unit holders containing clause giving rise to breach of contract by third defendant and liability of first defendant to second plaintiff for loan at substantial interest rate – whether particular clause of contract void for misleading or deceptive conduct by agent of second plaintiff – development arrangements made in quasi-familial context – request by third defendant of agent of second plaintiff whether legal or financial advice required in respect of contract – response by agent of second plaintiff that contract contained ‘standard’ or ‘simple’ terms – failure by agent of second plaintiff to bring third defendant’s attention to unusual term – declaration that particular clause void ab initio;
EQUITY – trusts and trustees – breaches of trust – plaintiffs claim that first defendant as corporate trustee breached its duties by securing loan over trust property to pay other corporate vehicle of third and fourth defendants – plaintiffs claim that first defendant breached its duties by making unauthorised repayment of third and fifth plaintiffs’ contribution to development arrangement – plaintiffs claim that first defendant breached its duties by entering into costs agreement with defendants’ solicitors – plaintiffs seek replacement of first defendant as trustee of unit trust – plaintiffs seek account of unit trust;
AGENCY – liability of principal – relations between principals and third parties – second plaintiff bound by misleading or deceptive conduct of agent in respect of third defendant
Australian Consumer Law, ss 18, 237, 243; Fair Trading Act 1987 (NSW), s 28; Competition and Consumer Act 2010 (Cth), Sch 2; Trustee Act 1925 (NSW), s 70.
The Owners - Strata Plan No 33368 v Gittins [2022] NSWCATAP 130
LAND LAW – strata schemes – duty to repair common property – scope of duty – remedial orders – whether excessive.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Strata Schemes Development Act 2015 (NSW); Strata Schemes Management Act 2015 (NSW); Strata Schemes Regulation 2016 (NSW).
Tom v Commissioner of Fair Trading [2022] NSWCATAD 130
ADMINISTRATIVE LAW – REVIEW OF DECISION BY EXTERNAL DECISION-MAKER – decision to cancel contractor licence and disqualify a licence holder pursuant to section 62 of the Home Building Act 1989 (NSW);
PRACTICE AND PROCEDURE – INTERLOCUTORY ORDER – interim decision – factors relevant to exercise of the power to make the interim decision under section 60 of the Administrative Decisions Review Act 1997 (NSW) – interlocutory decision to take effect retrospectively.
Administrative Appeals Tribunal Act 1975 (Cth); Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Home Building Act 1989.
Renbar Constructions Pty Ltd v Sader; Sader v Renbar Constructions Pty Ltd (No 2) [2022] NSWSC 472
COSTS – where plaintiff successful on its claim and cross-claimant substantially successful on his cross-claim; whether plaintiff bettered its Calderbank offer; whether plaintiff should have a proportion of its costs rather than there being costs orders following the event in the claim and cross-claim.
Teng v FEV Mono Constructions (No 2) [2022] NSWCATCD 36
COSTS – Civil and Administrative Tribunal Act 2013 (NSW)
NSW
Environmental Planning Instruments
Campbelltown Local Environmental Plan 2015 (Amendment No 26) – LW 29 April 2022
Campbelltown Local Environmental Plan 2015 (Amendment No 27) – LW 29 April 2022
Cobar Local Environmental Plan 2012 (Map Amendment No 1) – LW 29 April 2022
Cumberland Local Environmental Plan 2021 (Amendment No 4) – LW 29 April 2022
Lachlan Local Environmental Plan 2013 (Map Amendment No 1) – LW 29 April 2022
Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 3) – LW 29 April 2022
Lithgow Local Environmental Plan 2014 (Amendment No 6) – LW 29 April 2022
Liverpool Local Environmental Plan 2008 (Amendment No 63) – LW 29 April 2022
Liverpool Local Environmental Plan Amendment (East Leppington Precinct) 2022 – LW 29 April 2022
Mid-Western Regional Local Environmental Plan 2012 (Map Amendment No 3) – LW 29 April 2022
Sutherland Shire Local Environmental Plan 2015 (Amendment No 23) (2022-183) – LW 29 April 2022
Wentworth Local Environmental Plan 2011 (Map Amendment No 1) – LW 29 April 2022
Wollongong Local Environmental Plan 2009 (Amendment No 50) – LW 29 April 2022
Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.
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