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Residential Focus: Onus of proof and failure to mitigate

17 December 2025

25 min read

#Property & Development, #Real Estate

Published by:

Brandon Thai, Nupur Garg

Residential Focus: Onus of proof and failure to mitigate

In Ceerose Pty Ltd v The Owners – Strata Plan No 89074 [2025] NSWCA 235, the builder and developer appealed a decision from the Supreme Court which ordered them to pay the owners corporation $1.95 million, for the cost of rectifying defects.

The building was completed in 2014 and the proceedings commenced in 2017. In 2018 and 2019, the owners corporation informed the builder that it had lost or was losing confidence in the builder and was not prepared to allow access for further defect rectification. Mitigation was an issue bearing upon damages.

In the Court below, issues of liability and quantum were subject of an order for a reference. The referee took the view that the builder and developer bore the onus of proving that the owners corporation’s denial of access was unreasonable. In the adoption hearing, the builder and developer sought a declaration that the owners corporation failed to mitigate its loss by refusing access.

The referee had found the owners corporation’s refusal to be reasonable. In the adoption hearing, the Supreme Court agreed, noting that despite a year passing since the parties had reached an 'in principle' agreement, the works were not finalised.

The Court of Appeal affirmed the decision of the referee and Supreme Court. In doing so, it examined previous decisions concerning the duty to mitigate, summarising that whether a plaintiff had failed to mitigate their own loss was dependent on the defendant showing that the plaintiff was unreasonable. The plaintiff was not expected to act with excessive diligence or perfection in this regard.

While the Court accepted that there was a general expectation for an owners corporation to give a builder a reasonable opportunity to rectify defects, this was not automatic and could not be considered a requirement. The Court went further, to say that there was no positive obligation for an owners corporation to provide the builder and developer with an opportunity to rectify the defects. Additionally, the onus of proving the owner’s unreasonableness did not shift to the owner and become an onus to prove reasonableness, simply because access was denied.

Accordingly, the builder and developer’s appeal was dismissed.

Authors: Christine Jones & Brandon Thai

In the media

Council Urges NSW Government to Purchase Former Mullumbimby Hospital Site for Housing

Byron Shire Council is calling on the NSW Government to purchase the former Mullumbimby Hospital site to deliver much-needed public, social, affordable and Aboriginal housing. At its 27 November meeting, councillors considered a detailed report outlining the next steps for redeveloping the site, which Council acquired from the NSW Government for $1 in 2017. The land has since undergone significant remediation, with costs now totalling nearly $5.7 million. Read more here.

Greyhound racing kicked out of second venue in NSW as government eyes Wentworth Park for housing

With the stable door shut on hopes of replacing a horse track with 25,000 homes, one state government is now looking to hound dogs out of a prime location. The NSW government wants to bulldoze longstanding greyhound racecourse Wentworth Park and build some 7300 homes across a 14-hectare precinct in central Sydney. The lease for the crown land parcel is due to expire in 2027 and will be transferred from Greyhound Racing NSW to the City of Sydney, converting into 20 community sports fields. Read more here.

New home approvals wiped out in former Sydney boom suburbs

NSW’s plan to build its way out of the housing crisis has been unravelling in some areas, with approvals for new dwellings wiped out in key suburbs that were once building powerhouses. New ABS data analysis showed the number of approvals for new homes plunged by as much as 800 annually in several suburbs, resulting in a handful of new projects being greenlit. Many were areas that had been among the state’s most active construction centres only a year earlier and still have room for further expansion. Read more here.

NSW housing fund shortfall exposes project feasibility crunch

More housing projects in NSW are being shelved as costs climb and feasibility erodes, raising fresh questions about future supply, prices, and credit demand that mortgage advisers will need to watch. A new NSW Treasury report shows the state’s Housing and Productivity Fund has a $1.46 billion shortfall, confirming that fewer projects are getting off the ground and that the infrastructure contribution model is under pressure. Read more here.

NSW construction pipeline surges on data centres

Data centre construction is driving a pick-up in commercial construction that has pushed the NSW pipeline to nearly $42 billion in the September quarter, its highest level in a year-and-a-half and almost twice the pipeline of Queensland, the next-busiest state, new industry figures show. The value of NSW projects in concept or design-and-documentation soared 48 per cent from $28.1 billion in June, driven by data centres, large-scale precincts combining assets such as residential and commercial space, and hospitality. Read more here.

NSW Nationals Demand Clean Water for 5,000 Resident

Design for a permanent Water Treatment Plant in Narrandera will commence, with the Commonwealth Government stepping up to support the delivery of clean drinking water to the community in place of their state counterparts. $908,000 has been awarded from the National Water Grid Fund, which will pay for the plans needed to support the construction phase of this essential infrastructure project. Read more here.

Tradies still unpaid for building Wagga units slam Homes NSW for using lawyers to fight debt claims

Tradespeople still unpaid for building a Wagga public housing dwelling four years ago have expressed outrage at revelations the responsible NSW Government department is spending taxpayers’ money on lawyers to resist paying its alleged debts on the controversial project. Homes NSW (then known as LAHC) chose an already insolvent company, Matrix Group Co, as its main contractor to build four government units at 16 Spring Street in December 2020. When this company officially went into liquidation in October 2021, local subcontractors were left hundreds of thousands of dollars out of pocket. Many still haven’t been paid, even though Homes NSW now rents the dwellings the tradies built to tenants. Read more here.

NSW reveals apartment designs that can now get fast-tracked building approval

The latest concepts to join its Housing Pattern Book, NSW has revealed nine bold new designs that could be coming to a street near you. The NSW government has launched nine mid-rise apartment building patterns as part of its Housing Pattern Book, designed to accelerate the delivery of new homes across the state. Ranging from three to six storeys, the new designs build on the eight low-rise home patterns first released in July 2025. The newest designs include four apartment concepts for small lots, three for large lots, and two for corner lots. Read more here.

In Practice and Courts

NSW Supreme Court overturns panel on home builder developer exclusion
The NSW Supreme Court has pulled up a tribunal appeal panel over its use of a “developer” exclusion in a home building insurance dispute. On December 5, 2025, the Supreme Court of New South Wales allowed an appeal by CN1 Pty Ltd in proceedings with case number 2025/095364, setting aside a decision of the Civil and Administrative Tribunal’s Appeal Panel and sending the matter back for reconsideration. The dispute centres on home building insurance for residential work on Lot 544 in North Kellyville, within The Hills Shire Council area. CN1 claimed to have the benefit of insurance policies issued by NSW Self Insurance Corporation after its builder, Willoughby Homes Pty Ltd, became insolvent and work on Lot 544 was said to be incomplete and defective. Read more here.

NSW’s sweeping reforms to boost land lease and prefab housing

The NSW Government is proposing major productivity reforms to state building laws that would lay the ground for a national take-up of prefabricated homes and modular buildings – a move expected to benefit manufactured homes and land lease communities. Urban Development Institute of Australia (UDIA) NSW CEO Stuart Ayres said manufactured housing and land lease communities must be part of the state’s housing solution. “Manufactured homes and land lease communities must play an increasingly important role in tackling the housing crisis,” he said. Read more here.

Have your say – Former Maitland Hospital site

The former Maitland Hospital closed in January 2022 when the majority of health services moved to the newly completed, state-of–the–art facility at Metford. Property and Development NSW has been engaged by NSW Health to determine the most appropriate future use of the former hospital site. To help inform that process, the community is invited to share their ideas for the future use of the former hospital site and, in particular, the future use of the Block J heritage building. Responses are open till 1 March 2026. Read more here.

Have your say – Housing Board Building heritage listing (amendment), The Rocks

The State Heritage Register listing for the Housing Board Building in The Rocks (SHR 01552) is proposed to be amended, to become the Factory and Dwelling (Gloucester Street). Share your feedback on the Housing Board Building heritage listing amendment by 12 January 2026. Access the survey here.

Publications

Productivity and Equality Commission releases Issues Paper for review into strata managing agents

The charging of commissions in the strata industry has led to concerns about inflated costs for owners corporations, a reduction in competition, erosion of trust between owners and strata managing agents and the compromised ability of owners corporations to make informed financial decisions. The Issues Paper seeks feedback from strata communities, managers and other service providers to help inform a report putting forward recommendations for regulating commissions and other conflicted payments in the strata industry. Read more here and access the paper here.

Your guide to the DA process

NSW Government has published a guide to the Development Application Process. Part 1 provides an overview of the NSW planning system to inform you and allow you to better participate in the development assessment process. Part 2 describes the process to obtain development consent from council in detail. The process is described in stages. Access the guide here.

The impact of NSW building reforms

The NSW Government set a goal of 377,000 new homes by 2029 and a raft of reforms have steadily been introduced towards this target. In September, Premier, Chris Minns announced changes to the Environmental Planning and Assessment Act 1979 (NSW). At the end of November, the Planning System Reforms Bill 2025 passed through both houses of Parliament, promising to ease bureaucratic delays and accelerate approvals. Read more here.

Prioritising housing trades support critical to boosting skills and building more homes

The announcement includes an extension of the $10,000 Keeping Apprenticeship Program and continuation of the Priority Hiring Incentive for employers for a further 12 months while the Australian Apprenticeship Scheme Review is completed. “These are welcomed responses to the crippling labour shortages in the housing industry and will play a vital role in providing employers and apprentices with much needed certainty and stability in attracting the school leavers of 2025.” Read more here.

HIA welcomes new HAFF funding but warns delivery the real challenge

The Housing Industry Association (HIA) welcomes the announcement that Round 3 of the Housing Australia Future Fund (HAFF) facility will open early next year, expanding the pipeline of social and affordable housing projects. ‘“But while the additional investment is a positive step, the Government must be clearer about what has been funded and what has actually been built,” said Ms Martin. Read more here

Cases

Black Sheep Building Pty Ltd v A J Portelli Medical Pty Ltd atf A J Portelli Medical Trust [2025] NSWSC 1472

BUILDING AND CONSTRUCTION – payment claims served but no payment schedules provided – claim for unpaid portion of payment claims under s 15(2)(a)(ii) of the Building and Construction Industry Security of Payment Act 1999 (NSW) – application for summary judgment – whether triable issues exist as to validity of payment claims

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – insurance – excluded dwellings – development of high physical support accommodation – whether “self-contained units” – whether analogous with a share house in Newtown

Building and Construction Industry Security of Payment Act 1999 (NSW); Home Building Act 1989 (NSW).

Sydbuilt Projects Pty Ltd v Verge Developments Pty Ltd [2025] NSWDC 502

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – Claim for amount owed under a contract to perform residential building works – whether statutory time limits apply to promises in collateral financing deed – cross-claim alleging defective work

Building and Construction Industry Security of Payments Act 1999 (NSW); Conveyancing Act 1919 (NSW); Home Building Act 1989 (NSW); Interpretation Act 1987 (NSW); Limitation Act 1969 (NSW).

CBEM Holdings Pty Ltd v Sunshine East Pty Ltd [2025] NSWCA 250

CONTRACTS – building and construction – earthworks contract – termination prior to completion – whether respondents overpaid for work performed – payment claims under Building and Construction Industry Security of Payment Act 1999 (NSW)

RESTITUTION – common money count – money paid under mistake – pleadings – necessary elements for pleading restitution – whether payment claims overstated percentage of work completed – recovery of differential between claimed and actual work – Uniform Civil Procedure Rules 2005 (NSW), r 14.12

AUSTRALIAN CONSUMER LAW – misleading or deceptive conduct – alleged misrepresentations in payment claims as to extent of work completed – whether representations in payment claims were representations of fact

APPEALS – appeal from District Court – whether primary judge erred in upholding restitution and misleading or deceptive conduct claims

Australian Consumer Law; Building and Construction Industry Security of Payment Act 1999 (NSW), ss 32, 34, Pt 3; Home Building Act 1989 (NSW), s 7BB; Uniform Civil Procedure Rules 2005 (NSW), r 14.12

Anh Tu Le v Kim Long Tran trading as Kim Thanh Constructions Pty Ltd [2025] NSWDC 470

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – Residential building work – allegations of defective work and incomplete work – whether builder abandoned the site or was excluded from it by the owner

Home Building Act 1989 (NSW), s 18BA

Jit Builder Pty Limited v Secretary, Department of Customer Service [2025] NSWCATOD 16

ADMINISTRATIVE LAW – administrative review of decision to refuse a contractor licence – nominated supervisor – whether special circumstances exist justifying the issue of a licence – meaning of special circumstances in s 33C(8) of the Home Building Act 1989 – no special circumstance found

Administrative Decisions Review Act 1997; Home Building Act 1989

The Owners-Strata Plan No 102171 v Ceerose Pty Ltd; Zone Q Milsons Point Development Pty Ltd v Ceerose Pty Ltd; Ceerose Pty Ltd v Southern Cross Climate Control Pty Ltd [2025] NSWCATCD 137

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – related proceedings – statutory warranties – breach – whether evidence sufficient make work order – whether major defect established – whether builder liable to indemnify developer

Civil and Administrative Tribunal Act 2013 (NSW); Civil Procedure Act 2005 (NSW); Design and Building Practitioners Act 2020 (NSW); Environmental Planning and Assessment Act 1979 (NSW); Environmental Planning and Assessment Regulation 2000 (NSW); Fair Trading Act 1987(NSW); Home Building Act 1989 (NSW); Limitation Act 1969 (NSW); Plumbing and Drainage Act 2011 (NSW); Public Health Act 2010 (NSW); Strata Schemes Management Act 2015 (NSW); Civil Liability Act 2002 (NSW); Public Heath Regulation 2022 (NSW).

Australian Trades Pty Ltd v Secretary, Department of Customer Service [2025] NSWCATOD 153

CIVIL PROCEDURE – Interlocutory applications – application for interim orders staying a decision pending the determination of an administrative review

Administrative Decisions Review Act 1997, s 60, Home Building Act 1989, ss 19, 23, 36(1)(c), 61, 61A, Sch 3(4), Licensing and Registration (Uniform Procedures) Act 2002, s 24(1)

Alorra Piling (NSW) Pty Ltd v Bloc Constructions (NSW) Pty Limited; Bloc Constructions (NSW) Pty Limited v Alorra Piling (NSW) Pty Ltd [2025] NSWSC 1324

UILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) – dispute as to existence of construction contract under s 4 SOPA

CONTRACTS – formation – identity of parties – whether parties intended to be bound subject to execution of formal contract – consideration of subsequent conduct

Building and Construction Industry Security of Payment Act 1999 (NSW); Home Building Act 1989 (NSW)

Kapila v Monument Building Group Pty Ltd [2025] NSWSC 1306

BUILDING AND CONSTRUCTION – contract – implied terms – statutory warranties under s 18B of Home Building Act 1989 (NSW) – Whether building work complied with Building Code of Australia (BCA) – where under BCA different standards relating to waterproofing exists depending on correct classification of given room as ‘habitable’ or ‘non-habitable’ – meaning of ‘habitable’ under the BCA

NEGLIGENCE – Duty of care – non-delegable duty – whether claim for breach of statutory duty under s 37 of Design and Building Practitioners Act 2020 (NSW) (DBPA) is apportionable under Part 4 of Civil Liability Act 2002 (NSW) where there has been no delegation of works to third parties – consideration of Pafburn Pty Ltd v Owners – Strata Plan No 84674 (2024) 99 ALJR 148; [2024] HCA 49 and The Owners –Strata Plan No 84674 v Pafburn Pty Ltd (2023) 113 NSWLR 105; [2023] NSWCA 301

NEGLIGENCE – Defences – Contributory negligence – Whether defence of contributory negligence applicable to breach of statutory duty under s 37 DPBA – Whether defence made out on the facts

KASE INDUSTRIES PTY LTD v REVILL (Appeal) [2025] ACAT 78

APPEAL – Civil dispute – where Original Tribunal awarded damages for breach of contract for supplying and installing concrete driveway to property in New South Wales – where company supplying and installing concrete was registered in the ACT and had its principal place of business in the ACT – whether Original Tribunal erred in assuming that tribunal has jurisdiction to determine claim – whether Original Tribunal denied the appellant procedural fairness – whether contractual term, “colour to be matched as best possible,” is void for uncertainty – whether leave should be granted to appellant to raise new arguments on appeal – whether Original Tribunal erred in measure of damages awarded

 ACT Civil and Administrative Tribunal Act 2008, ss 15, 16, 17, 22, 82; Home Building Act 1989 (NSW), Schedule 1, cl 2 and 3; Magistrates Court Act 1930, s 262

Ace Homes & Construction Pty Ltd v Su [2025] NSWCATAP 283

APPEALS – adequacy of reasons

Civil and Administrative Tribunal Act 2013 (NSW), 22 78, 80; cl 12 of Sch 4, Civil and Administrative Tribunal Rules 2014 (NSW), r 25, Home Building Act 1989 (NSW), ss 18B, 18 BA

Iris Hotels Sydney Airport Operations Pty Ltd v Independent Liquor & Gaming Authority [2025] NSWCATAD 272

STATUTORY INTERPRETATION – development consent – deferred commencement condition – construction of Environmental Planning and Assessment Act 1979 (NSW) – construction of Liquor Act 2007 (NSW) – when is a development consent ‘in force’

Administrative Decisions Review Act 1997 (NSW) Administrative Decisions Review Regulation 2024 (NSW);Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Act 1979 (NSW);Gaming and Liquor Administration Act 2007 (NSW) Liquor Act 2007 (NSW); Government Information (Public Access) Act 2009 (NSW); Home Building Act 1989 (NSW)

Dama Building Group Pty Limited v CK Roofing Solutions Pty Limited (No 2) [2025] NSWCATAP 296

APPEALS – costs – Rule 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) – fixed costs sum or indemnity costs

Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 50, 60, 80; Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A; Home Building Act 1989 (NSW); Legal Profession Uniform Law Application Act 2014 (NSW), s 3A

Burmeister v AMDE Construction Pty Ltd t/as GJ Gardner Homes Sydney North [2025] NSWCATCD 132

BUILDING AND CONSTRUCTION – contract – damages – accord and satisfaction – whether execution by the appellants of a “Quotation for Variation” including an allowance of $152, representing the explicit allowance for liquidated damages for delay provided by the contract, thereby resolved all claims for damages for delay accrued to that date – held applicants had not resolved all claims for damages for delay and could pursue claims in excess of the amount allowed in the Quotation for Variation

BUILDING AND CONSTRUCTION – contract – damages – delay – remoteness – rule in Hadley v Baxendale – whether loss of opportunity to earn income from renting properties was a consequence arising naturally, that is according to the usual course of things, from the delay by the respondent in bringing a residential building project to completion – whether such loss may reasonably be supposed to have been in the contemplation of the parties at the time the contract was entered into – held loss too remote

CIVIL PROCEDURE – course of evidence – reopening case – whether the applicants should have leave to reopen their case after the conclusion of the hearing – circumstances in which leave to reopen should be granted – Absence of evidence of the reasons why the evidence was not tendered at the hearing – prejudice to the respondent – probative value of the evidence sought to be led – leave to reopen refused

CONTRACTS – remedies – damages – assessment of damages for delay in completion of residential dwellings – loss of rent – allowance for vicissitudes

Patel v Dev Constructions (NSW) Pty Ltd [2025] NSWSC 1382

EQUITY – equitable remedies – injunctions – where plaintiff contracted with builder for the construction of a house – where plaintiff terminated contract with builder – where builder has left materials on the construction site where plaintiff’s house is being built – where builder has since had altercations with plaintiff and contractors subsequently engaged by plaintiff – whether the leaving of building materials is a trespass – whether plaintiff entitled to injunction against builder preventing entry onto land

LAND LAW – Co-ownership – where plaintiff owns land as joint tenant – where co-owner of land is not joined as a party to proceedings – whether plaintiff can seek injunction to prevent entry onto land without joining other co-owner

Civil Procedure Act 2005 (NSW), s 98; Uniform Civil Procedure Rules 2005 (NSW), r 42.1

Furze & McWilliam [2025] NSWCATCD 134

Home Building – Defects claim – defective pool construction

Home Building Act 1989

Kensington Homes (NSW) Pty Ltd v McMullen; McMullen v Kensington Homes (NSW) Pty Ltd [2025] NSWCATCD 138

BUILDING AND CONSTRUCTION – termination of home building contract – repudiation by builder – builder’s claim for restitution damages – defective and incomplete residential building work – scope of works for items of defective and incomplete work – appropriate remedy – preferred outcome – money order for rectification costs – alternative remedy of solatium damages – delay damages – whether refund for overpayment or payment by mistake of variation invoice

Home Building Act 1989 NSW; Civil and Administrative Tribunal Act 2013 NSW; Civil and Administrative Tribunal Rules 2014 NSW

JK and K Pty Ltd v MoMA Pty Ltd [2025] NSWCATCD 144

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranty – due care and skill

Home Building Act 1989 (NSW)

Shaw v Rawson Homes Pty Ltd [2025] NSWCATCD 145

BUILDING AND CONSTRUCTION – Home building – defects claim – Whether defect remedied – Whether evidence to substantiate defects – whether evidence to substantiate remedies sought – claim for pre-litigation costs as damages – Liquidated damages – right to claim common law damages – whether liquidated damages provision void as inconsistent with s 18G

Civil and Administrative Tribunal Act 2013 (NSW);Civil and Administrative Tribunal Rules 2014 (NSW); Competition and Consumer Act 2010 (Cth);Fair Trading Act 1987 (NSW);Home Building Act 1989 (NSW); Strata Schemes Management Regulation 2016 (NSW)

Hanicog Pty Ltd v Belle Lifestyle Homes Australia Pty Ltd [2025] NSWCATCD 146

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – secret commission made by builder to owner’s agent without disclosure of payment to owner – whether builder’s work defective – whether builder failed to achieve practical completion by date specified in contract

Mashat v Build Property Pty Ltd [2025] NSWCATCD 152

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – Building dispute – rectification order

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranty – proceedings for breach

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – s 48MA – work order

Home Building Act 1989 (NSW)

Soundararajan v Nanak Property Group Pty Ltd [2025] NSWCATCD 151

BUILDING AND CONSTRUCTION – contract – implied terms – statutory warranties

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranty

BUILDING AND CONSTRUCTION – contract – defects – work order

BUILDING AND CONSTRUCTION – contract – damages –delay

BUILDING AND CONSTRUCTION – contract – liquidated damages

CN1 Pty Ltd v NSW Self Insurance Corporation [2025] NSWSC 1464

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – Developer – meaning of developer – meaning of residential development – whether non-contiguity of land determinative of existence of residential development

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – phrase “in relation to the work … a developer” in contract of insurance – whether Appeal Panel considered developer status in the abstract – whether Appeal Panel applied incorrect temporal focus to term

INSURANCE – onus of proving exception to contract of insurance – whether Appeal Panel misapplied onus – onus of proof involves risk of non-persuasion, which risk did not arise

Building Services Corporation Legislation Amendment Act 1996 (NSW); Civil and Administrative Tribunal Act 2013 (NSW), ss 34(1)(c), 80(2), 83(1), 84(3); Electoral Funding Act 2018 (NSW), s 53; Environmental Planning and Assessment Act 1979 (NSW), s 1.5; Home Building (Amendment) Act 2011 (NSW); Home Building Act 1989 (NSW), ss 3A, 18B, 18C, 96A, 99(2), Sch 1 cll 2, 3; Home Building Regulation 2014 (NSW), cl 37(2)(a)

Regmi v Westacres Property Consultants Pty Ltd t/as Divine Homes [2025] NSWCATCD 153

CIVIL PROCEDURE – parties – joinder – of applicant – joinder of contract party as applicant in proceedings to enforce statutory warranties – whether joinder of party as applicant is necessary or proper

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranty – proceedings for breach – joinder of applicant – consideration of limitations issues – limitations issues left for the Tribunal to determine at the final hearing

CIVIL PROCEDURE – summary disposal – application for summary dismissal of proceedings on grounds claim is frivolous or vexatious or otherwise misconceived or lacking in substance – application adjourned

Legislation

Regulations and other miscellaneous instruments

Court Security and Surveillance Devices Amendment (Body-worn Recording Devices) Regulation 2025 (2025-632) – published LW 28 November 2025

Electricity Supply (General) Amendment (Scheduled Bidirectional Units Exclusion) Regulation (No 2) 2025 (2025-633) – published LW 28 November 2025

Environmental Planning and Assessment Amendment (Mid-Rise Housing Patterns) Regulation 2025 (2025-634) – published LW 28 November 2025

Legal Profession Uniform Law Application Amendment Regulation 2025 (2025-635) – published LW 28 November 2025

Road Transport (General) Amendment (Mobility Parking Scheme Authorities) Regulation 2025 (2025-636) – published LW 28 November 2025

Road Transport Amendment (Identity Documents) Regulation 2025 (2025-637) – published LW 28 November 2025

Water Sharing Plan Amendment (Administrative Omnibus) Order 2025 (2025-638) – published LW 28 November 2025

Community Improvement Districts Amendment Regulation 2025 (2025-622) – published LW 21 November 2025

Community Improvement Districts Regulation 2025 (2025-629) – published in the Community Improvement Districts Act 2025 No 25, Schedule 3

Health Records and Information Privacy Amendment (Single Digital Patient Record) Regulation (No 2) 2025 (2025-623) – published LW 21 November 2025

Public Health Amendment Regulation (No 2) 2025 (2025-624) – published LW 21 November 2025

Administrative Arrangements (Administrative Changes – Miscellaneous) Order (No 5) 2025 (2025-650) – published LW 1 December 2025

Environmental Planning and Assessment Amendment (Port of Newcastle Clean Energy Precinct Recycled Water Supply Project) Order 2025 (2025-652) – published LW 5 December 2025

Final Determination [Biodiversity Conservation Act 2016] (2025-653) – published LW 5 December 2025

Environmental Planning Instruments

Blacktown Local Environmental Plan (Precincts – Central River City) (Map Amendment No 11) (2025-639) – published LW 28 November 2025

Camden Local Environmental Plan (Precincts – Western Parkland City) (Map Amendment No 3) (2025-640) – published LW 28 November 2025

Campbelltown Local Environmental Plan 2015 (Amendment No 45) (2025-641) – published LW 28 November 2025

Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 16) (2025-642) – published LW 28 November 2025

Liverpool Local Environmental Plan 2008 (Amendment No 87) (2025-643) – published LW 28 November 2025

Parkes Local Environmental Plan Amendment (Precincts – Regional) 2025 (2025-644) – published LW 28 November 2025

Parramatta Local Environmental Plan 2023 (Amendment No 19) (2025-645) – published LW 28 November 2025

Singleton Local Environmental Plan 2013 (Amendment No 13) (2025-646) – published LW 28 November 2025

State Environmental Planning Policy (Housing) Amendment (Mid-rise Housing Patterns) 2025 (2025-647) – published LW 28 November 2025

Wentworth Local Environmental Plan 2011 (Amendment No 24) (2025-648) – published LW 28 November 2025

Wollongong Local Environmental Plan 2009 (Map Amendment No 12) (2025-649) – published LW 28 November 2025

Blacktown Local Environmental Plan (Exempt and Complying Development Codes) (Map Amendment No 2) (2025-625) – published LW 21 November 2025

Georges River Local Environmental Plan 2021 (Map Amendment No 4) (2025-626) – published LW 21 November 2025

Junee Local Environmental Plan 2012 (Map Amendment No 3) (2025-627) – published LW 21 November 2025

Ku-ring-gai Local Environmental Plan 2015 (Amendment No 41) (2025-628) – published LW 21 November 2025

Carrathool Local Environmental Plan 2012 (Map Amendment No 4) (2025-654) – published LW 5 December 2025

Lockhart Local Environmental Plan 2012 (Map Amendment No 1) (2025-655) – published LW 5 December 2025

Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 63) (2025-656) – published LW 5 December 2025

The Hills Local Environmental Plan 2019 (Map Amendment No 6) (2025-657) – published LW 5 December 2025

Disclaimer
The information in this article 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.

Published by:

Brandon Thai, Nupur Garg

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