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Residential Focus

08 November 2023

7 min read

#Property, Planning & Development

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Residential Focus

In the media

Is LDI the right answer to the building defects crisis?
The NSW government is bidding to introduce a 10-year liability insurance or latent defects insurance (LDI). LDI would enable an apartment building’s owners corporation to have a serious defect fixed up to 10 years after the building is first occupied (8 November 2023).  Read more here.

Walker Corporation subject to new probity framework after probe into rezoning of Appin development
In November last year the former Coalition government announced it intended to fast-track the construction of almost 13,000 homes at Appin in the Wollondilly local government area. However, two months later, it was announced the decision would be reviewed (3 November 2023).  Read more here.

Hundreds of new homes unlocked for Parramatta
The Minns Labor Government will rezone part of Parramatta to provide housing for hundreds more families and singles, making the most of the city’s new light rail route. With support from Parramatta Council, the state-led rezoning of Parramatta's Church Street North precinct will form part of efforts to address NSW’s long-term housing supply crisis. This area north of the Parramatta River straddles the light rail line, which is due to open next year (26 October 2023).  Read the NSW Government media release here.

Engineered stone ban needed to protect workers from silicosis, SafeWork Australia report says
A new report has called for a ban on all engineered stone in Australia, but governments will not make any changes until they decide on a "national response". Engineered stone has been linked to a surge in permanent lung disease due to its high silica content. The most common is silicosis. National Workplace Relations Minister, Tony Burke, says that the “final report is powerful and compelling” (26 October 2023).  Read more here.

Buyers of defective Imperial Towers apartments in Sydney allowed to break contracts, recoup deposits in ‘radical’ first
Nearly 100 people who purchased defective apartments in a Western Sydney development will have their contracts rescinded and deposits returned under a landmark agreement. The undertaking, struck between the NSW building commissioner and a developer in receivership, is the first of its kind and designed to serve as a caution for financiers considering lending to risky developers (27 October 2023).  Read more here.

In practice and court

NCAT Online Services launches on 20 November 2023
The Consumer and Commercial Division launches the new NCAT Online Services on Monday 20 November 2023. This is set to improve customers’ experience by allowing, for example, forms to be saved as drafts (3 November 2023). Read more here.


National Construction Code’s Sound Transmission and Insulation in Buildings handbook
This handbook assists in understanding the sound insulation regulatory requirements of the NCC in volumes One and Two that apply to Class 1, 2, 3 and 9c buildings (November 2023). Read the handbook here.

New online application process for Work Health & Safety entry permits
The NSW Industrial Relations Commission has launched the new online application process for Right to Entry and Work Health and Safety permits on the Commission’s website. the Entry Permits look identical to the previous hard copy versions but will also include a QR code to enable a person to verify the Entry Permit in real time. All permits and application forms and their content are a secure digital PDF with QR code and are protected to ensure robust security to prevent any edits to the PDF other than by the Commission (26 October 2023). Read the online announcement here. View the online application here.

Australian Bureau of Statistics Producer Price Indexes for September Quarter 2023
The Australian Bureau of Statistics (ABS) released its Producer Price Indexes for the September Quarter 2023, for a range of industries, including mining, manufacturing, construction and services industries. For the first time since before the pandemic, the cost of house building materials has remained unchanged showing housing building material costs stabilise (27 October 2023). Read more here. View the Producer Price Indexes here.

The HIA’s submission to the National Housing and Homelessness Plan Issues Paper
The Housing Industry Association (HIA) has published its submission to the National Housing and Homelessness Plan Issues Paper, the Department of Social Services. HIA is broadly supportive of the government’s long term National Plan. The HIA’s response focuses on measures to support increasing the supply side delivery of more housing (20 October 2023). Read the HIA’s submission here.


Dick v Buildingwise Constructions Pty Ltd (No 2) [2023] NSWCATAP 292
BUILDING AND CONSTRUCTION – quantification of a quantum meruit claim.
Civil and Administrative Tribunal Act 2013 (NSW), s 36(1); Home Building Act 1989 (NSW), s 48O.

Gearin v Commissioner for Fair Trading [2023] NSWCATOD 155
ADMINISTRATIVE LAW - REVIEW OF DECISION BY EXTERNAL DECISION-MAKER – decision to cancel registration as a certifiers pursuant to section 48 of the Building Professionals Certifiers Act 2018 (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 – stay.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Building and Development Certifiers Act 2018; Building Professionals Act 2005 (NSW); Environment Planning and Assessment Regulation 2000 (NSW).

Amirchian v The Owners – Strata Plan no 99357 [2023] NSWCATAP 286
APPEAL – claim under s 106 of the Strata Schemes Management Act 2015 (NSW) for compensation as a lot owner – whether the evidence established loss – whether the reasons given by the Tribunal at first instance were adequate and/or reasonable – consideration of the obligations under s 52 of the Residential Tenancies Act 2010 (NSW) – whether there should be a remittal or whether the Appeal Panel should award compensation in favour of the Appellant having determined to set aside the decision at first instance.
Civil and Administrative Tribunal Act 2013 (NSW); Residential Tenancies Act 2010 (NSW); Strata Schemes Management Act 2015 (NSW).

Ikona Developments Pty Ltd v Tierney [2023] NSWCATAP 281
APPEALS – questions of law – procedural fairness.
APPEALS – measure of damages - fresh evidence.
Civil and Administrative Tribunal Act 2013 (NSW), s 36, 80, 81; Home Building Act 1989 (NSW), ss 18B, 48A.


Assented to
Radiation Control Amendment Act 2023 No 30 – assented to 24 October 2023
Work Health and Safety Amendment Act 2023 No 34 – assented to 24 October 2023

Regulations and Miscellaneous Instruments
Protection of the Environment Operations (Waste) Amendment (Mixed Waste Organic Outputs) Regulation 2023 (No 584) – LW 27 October 2023
Environmental Planning and Assessment Legislation Amendment (Housing and Productivity Commission) Regulation 2023 (SI 547) – commenced 1 October 2023

Environmental Planning Instruments
Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023 (EPI 522) – commenced 1 November 2023
Ballina Local Environmental Plan 1987 (Amendment No 11) (2023 EPI 586) – LW 27 October 2023
Eurobodalla Local Environmental Plan 2012 (Amendment No 20) (2023 EPI 588) – LW 27 October 2023
Georges River Local Environmental Plan 2021 (Amendment No 6) (2023 EPI 589) – LW 27 October 2023
Griffith Local Environmental Plan 2014 (Amendment No 7) (2023 EPI 576) – LW 20 October 2023

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 newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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