03 March 2026
33 min read
Published by:
Last month, the NSW Fair Trading and Building Legislation Amendment Bill 2026 was introduced to Parliament proposing a range of miscellaneous reforms relating to licensing and the powers of NSW Fair Trading and the Building Commission, amending over 20 existing Acts. Some of which include, the Home Building Act (HBA), Strata Schemes Management Act (SSMA), Design and Building Practitioners Act (DBPA) and the Building and Construction Industry Security of Payment Act (SOP Act).
The Bill remains in parliament for concurrence with no amendments made during its journey through the houses.
The proposals include:
Significantly, the proposed amendments to the Bill, suggested after the second reading speech, have not been adopted. Among the proposed amendments to the Bill were proposals to amend the SSMA to:
Those proposed changes would have firstly appeased developers and secondly supported the policy preference towards DLI, as presumably the ability to vary the bond percentage would be exercised to increase the percentage, once the DLI market achieves maturity.
Perhaps that change is best left until the market reflects on the change from serious defects to relevant defects.
That leaves at large the question of whether the building bond increase to three %, a change which has been repeatedly delayed since 1 February 2024, will be deferred once again.
Authors: Christine Jones & Brandon Thai
Housing crisis intensifying as NSW struggles to deliver desperately needed new homes
The Reserve Bank’s first hike since 2023 has squeezed borrowers and clouded the outlook for prices, but an industry leader says stalled housing delivery and investor exits, particularly in New South Wales, are the bigger threats to affordability. Read more here.
Government causing ‘artificial’ land demand behind Aus housing crisis
Aussie governments are being blamed as a key part of the nation’s housing crisis in an extraordinary new report that questions their policies’ involvement in surging land prices. The nation’s typical patch of dirt hit a record high of $391,420 in September, six times what it was at the turn of the millennium, and vastly higher in most capitals. Read more here.
55,000 extra social housing homes are being built. But a new study shows that boom still falls short
Thanks to an unprecedented lift in public funding in the 2020s, an extra 55,000 new, good quality homes around Australia will be available to people on the lowest incomes by 2030. That’s almost triple the increase of 20,000 homes in the previous decade. Residents in these modern “social” homes will generally pay only 25% of their income in rent. Read more here.
Land shrinkflation hits Sydney as blocks shrink, prices double
Sydney blocks have shrunk by an average of 62sqm since 2015 and the price per square metre has doubled, according to the Housing Industry Association’s (HIA) Residential Land Report. As with shrinkflation in supermarket items, Sydney lots have not only gotten smaller but more expensive. The price of Sydney land per sqm has more than doubled since 2015, rising from $1,000 to $2,019. Read more here.
HIA: government failures puts 1.2 million home target at risk
Aussie governments are barely moving the dial on improving the nation’s prospect of building more homes, with a leading industry group warning policy moves are yet to have an impact. It comes alongside alarm bells for the health of small construction firms that form the backbone of the nation’s home building industry, with growing concerns over how many are considering hanging up their tool belt or who are spending up to five hours a week handling paperwork instead of their tools. Read more here.
Australia’s regional housing markets are booming, outpacing capital cities
With capital-city home prices still near record highs and stock tight, buyers are again pushing into regional Australia, where values are rising faster than in the capitals and rents are climbing sharply too. With the prospect of paying at least $1 million for a home in many of Australia's capital cities, buyers are once again looking to escape to the country. The regional property market surged in the three months to January, outpacing the capitals, according to figures from data firm Cotality released on Wednesday. Read more here.
The approved proposal in Inner West Sydney includes more than 1,100 dwellings and 10,000 square metres of landscaped open space on a former industrial site.
The New South Wales Independent Planning Commission (IPC) has announced the approval of one of the state’s largest built-to-rent (BTR) schemes to date, known as The Timberyards, in Sydney’s Marrickville. The proposal is set to transform a 2.2-hectare former industrial site at the corner of Sydenham Road and Victoria Road into a new neighbourhood, with 474 BTR apartments, 115 infill affordable apartments, 577 co-living dwellings, 1,425 square metres of retail floor space and over 10,700 square metres of landscaped open space for residents and the public. Read more here.
Forestry industry sounds alarm over 'cheap' timber imports landing in Australia and threatening jobs
Australia's forestry industry says cheap imported timber products are flooding the local market and taking up increased space in local homes and buildings. South Australian Forest Products Association (SAFPA) chief executive Nathan Paine said international trade conditions, fuelled by US tariffs, were responsible for imports reaching Australia at about half the price of local timber. Read more here.
New Liberal leader Angus Taylor says he wants to focus on housing affordability
Mr Taylor says housing affordability and cost of living will be key priorities under his leadership. While it is unclear what policies Mr Taylor will offer to tackle Australia's housing crisis, he said he planned to accelerate developments by cutting red tape and winding back regulations. Mr Taylor also flagged the Opposition would push back on any changes to the capital gains tax discount, which benefits property investors when they sell their properties. Read more here.
Record loans, soaring prices, banks’ windfall: Housing policy did just as expected
The Commonwealth Bank has delivered a staggering profit update amid a surge in first-home buyers trying to crack the property market. Australia’s largest bank posted a $5.4 billion half-year net profit on the back of increasing lending and deposit volume growth. It coincided with Australian Bureau of Statistics figures that revealed a 7 per cent spike in the number of first-time property buyers taking out home loans in the December quarter of 2025. A total of 31,780 loans were issued to first-home buyers in the quarter — the most in two years. Read more here.
Minns Government funds local jobs and green housing
The Minns Labor Government is funding the production of over 1,000 green homes a year, with a $4.8 million dollars grant awarded to Green Timber Tech. The company based in Orange builds sustainable and affordable flat pack housing that can take only two days to build. Read more here.
Council Led Affordable Housing on Operational Land in NSW
The Council Led Affordable Housing on Operational Land Guide released by the Office of Local Government provides step-by-step guidance for councils on identifying and managing affordable housing sites utilising operational land — from planning through to construction and delivery. Read more here.
HIA: Land is the number one constraint on home building in Australia
The HIA-Cotality Residential Land Report provides updated information on sales activity in 52 housing markets across Australia, including the six state capital cities. “Over the last 25 years, the price of the typical new residential lot of land has risen more than three times faster than construction costs,” stated HIA Chief Economist Tim Reardon. Read more here.
HIA survey: regional small builders warning housing shortages will worsen
Small building businesses in regional Australia are warning that housing shortages will deepen unless governments address planning delays, workforce shortages and rising compliance costs, according to the HIA 2026 Small Business Conditions Survey,” HIA Chief Executive Industry & Policy, Simon Croft said today. Read more here.
Former Health Centre reborn as much-needed housing on the Northern Beaches
Work has begun to transform an abandoned building on the Northern Beaches into safe and secure housing for up to 45 residents. The multi-million-dollar project complements the Minns Labor Government’s historic $6.6 billion Building Homes for NSW program, which is creating thousands of new public homes in well-located areas across the state. Read more here.
ABS - Building Approvals, Australia
The Australian Bureau of Statistics (ABS) provides an overview of the number of dwellings and value of buildings approved. The December 2025 seasonally adjusted estimate revealed that total dwellings approved fell 14.9% to 15,542. Private sector dwellings excluding houses fell 29.8% to 5,855 and private sector houses rose 0.4% to 9,487. The value of total residential building fell 16.0% to $9.49b. Access the release here.
The Owners – Strata Plan No 94624 v G & T Younan Constructions Pty Ltd [2026] NSWSC 94
BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — statutory warranties — where failure to undertake work with due care and skill — damages
CIVIL PROCEDURE — hearings — where defendants failed to comply with practice note directions — where defendants failed to appear at trial — whether trial to proceed in absence of defendants
Civil Procedure Act 2005 (NSW) s 100; Home Building Act 1989 (NSW) ss 3A, 18B, 18C, 18D; Strata Schemes Development Act 2015 (NSW) s 24; Strata Schemes Management Act 2015 (NSW) s 106; Uniform Civil Procedure Rules 2005 (NSW) r 29.7
BUILDING and CONSTRUCTION — identity of contracting parties — section 18D of the Home Building Act 1989 — expert evidence — assessment of damage
Home Building Act 1989 (NSW); Civil and Administrative Tribunal Act 2013
DeMarco v Macey [2026] NSWSC 57
BUILDING AND CONSTRUCTION — leave to appeal — decision of Appeal Panel of New South Wales Civil and Administrative Tribunal — residential building works — where not disputed plaintiff at fault for breach of contract and defendants entitled to terminate — where building works completed by new builder — where plaintiff’s quantum meruit claims agreed in part — admissions — whether clear and unambiguous admissions — whether Appeal Panel erred in rejecting balance of quantum meruit claims — questions of fact
BUILDING AND CONSTRUCTION — assessment of damages — breach of contract — approach to calculation of damages in an action by homeowner against builder — application of Bellgrove v Eldridge (1954) 90 CLR 613; [1954] HCA 36 and Wabbits Pty Limited v Godfrey [2009] NSWSC 1299 — where actual cost is known of the work to make the building work conform to the contract — whether Appeal Panel erred in failing to adjust “prime cost” and “provisional sums” items — questions of fact
APPEALS — costs orders — where Appeal Panel provided opportunity to make application to vary costs order — no application made — whether House v The King error — where point not raised below
Civil and Administrative Tribunal Act 2013 (NSW), s 83; Home Building Act 1989 (NSW)
Vulic v Apostolovski trading as Kitchens & Cabinets by Apples [2026] NSWCATAP 25
BUILDING and CONSTRUCTION — HOME BUILDING — breaches of Home Building Act by builder — repudiation by homeowner — no error on question of law or miscarriage of justice — findings of fact open on the evidence
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW)
Nguyen v Secretary, Department of Customer Service [2026] NSWCATOD 20
ADMINISTRATIVE LAW — administrative review — home building — decision to suspend a contractor licence under s 42A Home Building Act 19189 — whether an administratively reviewable decision — no jurisdiction
Administrative Decisions Review Act 1987 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW)
The Owners – Strata Plan No 97938 v Golden Rain Development Pty Ltd [2026] NSWSC 37
CIVIL PROCEDURE — interim preservation — freezing orders — whether there is a danger that a judgment against the first defendant will be unsatisfied because its assets may be disposed of — other relevant considerations including plaintiff’s capacity to meet usual undertaking as to damages.
Home Building Act 1989 (NSW) s 18B; Strata Schemes Management Act 2015 (NSW) ss 81, 8; Uniform Civil Procedure Rules 2005 (NSW) rr 25.11, 25.14, 42.7
Sharma v Luxy Homes Pty Ltd [2026] NSWCATCD 2
CONTRACTS — repudiation — what constitutes repudiation — insistence on performance of contract on incorrect interpretation of terms — purported price increase
CONTRACTS — repudiation — acceptance of repudiation — what constitutes acceptance — termination of contract
RESTITUTION — ineffective transactions — total failure of consideration — recovery of deposit paid under unenforceable building contract
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW); State Environmental Planning Policy Amendment (Estimated Development Cost) 2023 (NSW); State Environmental Planning Policy (Sustainable Buildings) 2022 (NSW)
CIVIL PROCEDURE — reopening of hearing after final decision — power to re-open — exercise of discretion — applicable principles
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Civil Procedure Act 2019 (Vic); Design and Building Practitioners Act 2020 (NSW); Design and Building Practitioners Regulation 2021 (NSW); Home Building Act 1989 (NSW); Strata Schemes Management Act 2015 (NSW); Uniform Civil Procedure Rules 2005 (NSW)
Leto v Secretary Department of Customer Service [2026] NSWCATOD 26
ADMINISTRATIVE LAW — application for review of decision to refuse contractor licence following company liquidation — whether there is evident risk to the public — whether all reasonable steps taken to avoid liquidation — whether sufficient risk mitigation measures to avoid future liquidation — application of s 33B, s 33C(3) and s 33(4) of the Home Building Act 1989
Administrative Decisions Review Act 1997; Corporations Act 2001 (Cth); Home Building Act 1989
The Owners – Strata Plan No 865 v Carroll [2026] NSWCATAP 58
LAND LAW — Strata title — interaction of common property rights by-law with existing breaches of owners corporation’s strict duty to maintain and repair common property — construction of by-law — meaning of “affect” in context of common property with pre-existing defects — meaning of “plans” — Strata Schemes Management Act 2015 (NSW) ss 106, 149
Civil and Administrative Tribunal Act 2013 (NSW); Strata Schemes Management Act 2015 (NSW)
APPEALS — practice and procedure — appellant unrepresented — consideration of extent of court’s role in relation to unrepresented parties
APPEALS — procedural fairness — where primary judge refused to allow cross-examination of lay witness present in court — where no prejudice to witness in allowing cross-examination — denial of procedural fairness
CONSUMER LAW — misleading or deceptive conduct — liability of intermediaries — where employee personally made misleading oral statements — where employee personally gave misleading document signed by employee on behalf of employer to representee — employee liable
Competition and Consumer Act 2010 (Cth), sch 2 — Australian Consumer Law s 18; Evidence Act 1995 (NSW) s 41; Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW) r 35.2
Bazdaric Homes Pty Ltd v Yeh [2026] NSWSC 114
ADMINISTRATIVE LAW — particular administrative bodies — NSW Civil and Administrative Tribunal — appeal panel — where leave sought to appeal on question of law under s 83 of Civil and Administrative Tribunal Act 2013 (NSW) against decision of Appeal Panel — whether Appeal Panel exceeded its jurisdiction in deciding that the Tribunal at first instance had erred in law — whether Appeal Panel denied applicant procedural fairness — whether Appeal Panel misconstrued contract — where leave to appeal refused — where grounds do not go beyond the merely arguable — where no question of public importance raised by the grounds of appeal
Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 83; Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW), r 50.3
Garg v Empre Construction Pty Ltd (No.2) [2026] NSWCATAP 47
COSTS — who is the successful party — amount claimed or in dispute in the appeal — no question of principle
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014; Home Building Act 1989
Ausroar Enterprises Pty Ltd v Iunius [2026] NSWCATCD 4
Agricultural Tenancies Act 1990 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 NSW
TORTS — private nuisance — physical damage to property — interference with ordinary use of residential land - Damages
TORTS — trespass — general principles — damages — home building works undertaken with unauthorised use being made of the adjoining house to perform the works and unauthorised work being undertaken in the roof space of the adjoining house. Timber frame installed in the roof space of the adjoining house without permission.
RESTITUTION — mistake — failure of consideration — restitution of money paid
Civil Procedure Act 2005 (NSW); Environmental Planning and Assessment Act 1979 (NSW); Home Building Act 1989 (NSW), ss 4, 48O(1)(a), 48O(1)(c)
Cadi Development Pty Ltd v Lee; Lee v Cadi Development Pty Ltd [2025] NSWCATCD 208
BUILDING and CONSTRUCTION — HOME BUILDING — attempted increase of fixed price contract — absence of consideration — extended concept of consideration — economic duress — alleged misrepresentation, deceit and equitable and common law estoppel — jurisdiction on equitable claims
Australian Consumer Law (NSW); Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW)
HND v Secretary, Department of Customer Service [2026] NSWCATOD 14
ADMINISTRATIVE LAW — decision to refuse individual contractor licence under Home Building Act 1989 (NSW) — whether applicant is a fit and proper person — lack of candour in provision of information about criminal history and work experience
Administrative Decisions Review Act 1997 (NSW); Child Protection (Offenders Registration) Act 2000 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW)
Shaw v Rawson Homes Pty Ltd (No 2) [2025] NSWCATCD 209
COSTS — where applicants success was slight — Calderbank offer — indemnity costs
Civil and Administrative Tribunal Rules 2014 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW)
REAL PROPERTY — STRATA MANAGEMENT — owners corporation’s strict duty to maintain and repair common property and compensate for damage to lot property — compulsory strata manager — lot owners’ consent to common property rights by-law — Strata Schemes Management Act 2015 (NSW) ss 106, 149, 232, 237
Civil and Administrative Tribunal Act 2013 (NSW); Strata Schemes Development Act 2015 (NSW); Strata Schemes (Freehold Development) Act 1973 (NSW); Strata Schemes Management Act 2015 (NSW); Strata Schemes Management Regulation 2016 (NSW)
Empre Construction Pty Ltd v Garg; Garg v Empre Construction Pty Ltd [2026] NSWCATAP 23
APPEALS — failure to exercise jurisdiction — section 48MA of the Home Building Act - Exercise of discretion
Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Home Building Act 1989
Sader v Renbar Constructions Pty Ltd [No 2] [2025] NSWCATCD 197
BUILDING AND CONSTRUCTION — HOME BUILDING — alleged breaches of statutory warranties — alleged breaches of duty of care — whether breaches of duty sufficiently particularised — whether breaches of warranty already litigated and owners precluded from further litigation — Home Building Act 1989 (NSW) ss 18B, 18C, 18E(2), 18F - Design and Building Practitioners Act 2020 (NSW) s 37
COSTS — costs application and submission not provided through registry error — no order as to costs as a result — jurisdiction on costs when error discovered and corrected — Calderbank offer — open offer as integer in assessing proceedings
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Uniform Civil Procedure Rules NSW (UCPR)
Quirk v The Owners - Strata Plan No 94627 [2025] NSWCATCD 199
REAL PROPERTY — STRATA MANAGEMENT — owners corporation’s strict duty to maintain and repair common property - lot owner’s claim for alleged damage from alleged breach of duty being primarily lost rental - Strata Schemes Management Act 2015 (NSW) ss 106, 232
Civil and Administrative Tribunal Act 2013 (NSW); Strata Schemes Management Act 2015 (NSW)
Oberto Pty Ltd v The Owners – Strata Plan No 2004 [2025] NSWCATCD 200
REAL PROPERTY — STRATA MANAGEMENT — incidence and content of owners corporation’s strict duty to maintain and repair common property — meaning of maintain and repair — lot owner’s claim for alleged damage from alleged breach of duty and reimbursement for works to common property — owners corporation’s strict liability for independent contractors — approval of works — by-law inconsistent with duty — Strata Schemes Management Act 2015 (NSW) ss 106, 108-110, 127, 170
Civil and Administrative Tribunal Act 2013 (NSW); Strata Schemes Management Act 2015 (NSW)
OZ Design Build Pty Ltd v Wilde Plumbing Pty Ltd [2025] NSWCATCD 203
BUILDING AND CONSTRUCTION — Home building — repudiation — loss and damage
CONSUMER CLAIM — meaning of consumer claim — meaning of supplier
Competition and Consumer Act 2010 (Commonwealth); Fair Trading Act 1987 (NSW); Home Building Act 1989 (NSW)
Mavroudis v Frontline Building Group Pty Ltd [2025] NSWCATAP 317
APPEALS — leave to appeal — principles governing
Home Building Act (1989) NSW; Home Building Act 1989 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW)
Sydney Roof Construction Pty Ltd v Varga [2026] NSWCATAP 15
BUILDING AND CONSTRUCTION — Home Building — renewal of proceedings where work order previously made under Schedule 4, Clause 8 of the Civil and Administrative Tribunal Act 2013 (NSW) — claim for defective remediation works done pursuant to consent order.
Civil and Administrative Tribunal Act 2013 (NSW), s 80; cll 4 and 12 of Sch 4; Civil and Administrative Tribunal Rules 2014 (NSW), rr 4, 38; Home Building Act 1989 (NSW), s 48MA
Karpinski v The Owners - Strata Plan No 1731 [2026] NSWCATAP 12
COSTS — costs application by the respondent — principles — withdrawal of appeal by the appellant — no hearing on the merits — costs application dismissed
Civil and Administrative Tribunal Act 2013 (NSW), ss 45, 60; Fair Work Act 2009 (Cth), s 596; Strata Schemes Management Act 2015 (NSW), ss 106, 232
Wilson v Secretary, Department of Customer Service [2026] NSWCATOD 6
ADMINISTRATIVE LAW — administrative review — Home Building — roof plumbing work — cancellation of contractor licence — improper conduct — disciplinary action - mitigation
Administrative Decisions Review Act 1997 (NSW); Home Building Act 1989 (NSW)
BUILDING AND CONSTRUCTION — Contract — Termination — Repudiation
BUILDING AND CONSTRUCTION — Contract — Defects
Home Building Act 1989 (NSW)
The Owners – Strata Plan 100533 v Roxy Pacific Killara Pty Ltd [2025] NSWCATCD 188
BUILDING AND CONSTRUCTION — residential building work in a strata scheme — home building claim on remitter from Appeal Panel — breaches of statutory warranties in Home Building Act 1989 — preliminary issues in redetermination proceeding — work order (s 48MA) or money order (s 48O(1)(a)) — whether bathroom falls are defective — proper interpretation of AS 3740-2010 — whether mandatory falls ratios or performance based criteria apply
Home Building Act 1989 NSW; Civil and Administrative Tribunal Act 2013 NSW; Civil and Administrative Tribunal Rules 2014 NSW
Tanious v RJG Group Pty Ltd [2025] NSWCATCD 190
BUILDING and CONSTRUCTION — defects — Work orders
Civil and Administrative Tribunal Act 2013; Design and Building Practitioners Act 2020; Evidence Act 1995; Home Building Act 1989
Curtis v GRC Property Maintenance Pty Ltd [2025] NSWCATAP 316
APPEALS — leave to appeal — principles governing
APPEALS — leave to appeal because decision at first instance not fair and equitable or against the weight of evidence
APPEALS — procedural fairness
Australian Consumer Law (NSW); Fair Trading Act 1987 (NSW); Home Building Act (1989) NSW; Home Building Regulations 2014 (NSW).
CONTRACTS — breach of contract — failure to pay — whether contract is unenforceable pursuant to s 4 of the Home Building Act 1989 (NSW)
Competition and Consumer Act 2010 (Cth), Schedule 2, Australian Consumer Law; Environmental Planning and Assessment Act 1979 (NSW); Home Building Act 1989 (NSW); Limitation Act 1969 (NSW); Uniform Procedure Rules 2005 (NSW)
PJG Frawley Construction Pty Limited v; Monarch Building Solutions (Aust) Pty Limited [2025] NSWLC 8
CIVIL PROCEDURE — pleadings — form and content of pleadings — application to strike out — contract law — Unlicensed contractors — residential building work — dwelling — remedies — statutory prohibition — no entitlement to damages — no entitlement to enforcement of any other remedy in respect of breach of contract — Unenforceability — Illegality — Claim in quantum meruit rather than in respect of breach of contract under Home Building Act 1989 (NSW) — Policy of the statute — Stultification — Coherence of the law
Home Building Act 1989 (NSW), ss 4, 7, 10, 92, 94, Sch 1 cl 2(1), Sch 1 cl 3(1); Builders Licensing Act 1971 (NSW) (repealed), s 45; Civil Procedure Act 2005 (NSW), s 58, 64; Environmental Planning and Assessment Act 1979 (NSW), s 4.55; Building Services Corporation Act 1989 (NSW) (repealed), s 4; Uniform Civil Procedure Rules 2005 (NSW), r 14.28
CONTRACTS — construction — remedies — damages — mitigation of loss — whether the Plaintiffs refused the Defendant access to the Property to carry out rectification works — whether the Plaintiffs’ conduct was unreasonable in the circumstances such that some or all of the claimed loss should be disregarded
BUILDING AND CONSTRUCTION — contract — defects — rectification of defective works
EVIDENCE — parol evidence rule
Home Building Act 1989 (NSW), ss 18B, 18BA, 18E; Civil Procedure Act 2005 (NSW), s 100.
FINAO Pty Ltd v Rosebery 2021 Pty Ltd [2025] NSWSC 1567
COSTS — security for costs — relevant factors — other factors — impecuniosity conceded — application by second defendant — where second defendant separately represented from first defendant — where there is significant overlap in the cases of the defendants — whether second defendant’s choice to obtain separate legal representation disentitles it from obtaining security for costs — consideration of the effect of separate legal representation on whether security for costs should be ordered — where the sum of money in dispute in these proceedings is “modest” for proceedings in the Supreme Court — where security is sought for approximately $180,000 — whether quantum of security for costs sought is proportionate to the importance and complexity of the subject matter in dispute
Civil Procedure Act 2005 (NSW), s 60; Competition and Consumer Act 2010 (Cth), Sch 2 — Australian Consumer Law, ss 18, 236, 237; Corporations Act 2001 (Cth), s 1335(1); Home Building Act 1989 (NSW), s 4
Smith v Secretary, Department of Customer Service [2025] NSWCATOD 169
INTERLOCUTORY — stay — interim order — home building contractor licence — plumbing — time limited suspension — applicant’s interest reputational — refused
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Home Building Act 1989
The Owners - Strata Plan 96987 v Decode Sydney Pty Ltd [2025] NSWCATCD 161
BUILDING AND CONSTRUCTION — strata scheme — building defects — expert evidence that the cost of rectifying the Defects exceeds $500,000 — application to transfer to the District Court granted — application for a work order refused
Home Building Act 1989 NSW; Design and Building Practitioners Act 2020 NSW; Civil and Administrative Tribunal Act 2013 NSW; Civil and Administrative Tribunal Rules 2014 NSW
Su v Winning Builders Pty Ltd (No 2) [2025] NSWCATCD 169
BUILDING AND CONSTRUCTION — renewal application — money order in substitution for previous work order — builder’s request for a further work order refused
Home Building Act 1989 NSW; Civil and Administrative Tribunal Act 2013 NSW; Civil and Administrative Tribunal Rules 2014 NSW
Lai v Soltek Energy Pty Ltd [2025] NSWCATCD 172
BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — major defect — statutory warranty — due care and skill — fit for purpose
BUILDING AND CONSTRUCTION — negligence — duty of care — design
Home Building Act 1989 s 18B
BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — HBCI insurance policy — definition of developer
Home Building Act 1989 (NSW); Strata Schemes Management Act 2015 (NSW)
Tsolakis v The Owners - Strata Plan 96367 [2025] NSWCATCD 177
STRATA SCHEMES: Obligations to repair — compulsory appointment of strata managing agent
Strata Schemes Management Act 2015; Home Building Act 1989
Luxy Homes Pty Ltd v Li [2025] NSWCATAP 320
BUILDING AND CONSTRUCTION — building claim — refund of deposit — repudiation — procedural fairness
Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 62, 80; cl 12 of Sch 4; Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4)(c); Home Building Act 1989 (NSW), s 48K
In the matter of Mercon Group Pty Ltd (subject to deed of company arrangement) [2025] NSWSC 1601
CORPORATIONS — creditors’ meeting — appeal from decision of voluntary administrators — where plaintiff brought a proceeding against the first defendant for alleged building defects — where first defendant entered voluntary administration — where plaintiff and various unit owners in the building lodged proofs of debt for voting purposes at the second meeting of creditors — where administrator admitted the proofs of the plaintiff and of various unit owners for $1 for voting purposes, and rejected the claims of other unit owners in full — where administrator admitted the claims of four related creditors in full — whether administrator made a “just estimate” of the claims of the plaintiff, the unit owners and the related creditors
CORPORATIONS — voluntary administration — application to set aside deed of company arrangement — where creditors passed resolution for the first defendant to execute the deed — where resolution would have passed on value, but not on votes, if the related creditors were disregarded — whether resolution to enter deed should be set aside
CORPORATIONS — voluntary administration — application to terminate Deed of Company Arrangement — whether material omissions from or misstatements in the information provided in the second report to creditors — whether the deed of company arrangement should be terminated for “some other reason” under s 445D(1)(g) or s 447A of the Corporations Act 2001 (Cth) — whether deed of company arrangement oppressive, unfairly prejudicial to, or unfairly discriminatory against one or more creditors — whether effect cannot be given to the deed without injustice
Civil Procedure Act 2005 (NSW) s 98; Corporations Act 2001 (Cth), ss 286, 435, 436A, 439A, 440D, 445D, 447A, 588FDA; Design and Building Practitioners Act 2020 (NSW) s 37; Home Building Act 1989 (NSW), s 18E; Strata Scheme Management Act 2015 (NSW) s 9
Australian Trades Pty Ltd v Secretary, Department of Customer Service (No 2) [2025] NSWCATAD 339
CIVIL PROCEDURE — interlocutory applications — application for interim orders staying a decision pending the determination of an administrative review — stay granted subject to conditions
Administrative Decisions Review Act 1997, ss 60, 62; Home Building Act 1989
Australian Trades Pty Ltd v Secretary, Department of Customer Service [2025] NSWCATAP 325
APPEALS — procedure — stay pending appeal - Whether appellant’s arguments on appeal have any real prospects of success — whether balance of convenience favours the grant of a stay — stay dismissed
Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 30, 32, 43, 80; Home Building Act 1989 (NSW), ss 7BA, 51, 56, 92, Sch 1, cl 1; Home Building Regulation 2014 (NSW), cll 7, 53; Residential Tenancies Act 2010 (NSW), s 62; Residential Tenancies Regulation 2019 (NSW)
CONTRACT- identification of parties; identification of terms; company bound by conduct of director; Novation — no common intention; ESTOPPEL-whether representations made; No question of principle
Building and Construction Industry Security of Payment Act 1999 (NSW); Evidence Act 1995 (NSW); Home Building Act 1989 (NSW)
Hawken v J Emery Investments Pty Ltd [2026] NSWCATAP 4
APPEALS — leave to appeal — whether utility where no practical consequences for the parties — principles — leave to appeal refused
Civil and Administrative Tribunal Act 2013 (NSW); Residential Tenancies Act 2010 (NSW)
Thandi Construction Solutions Pty Ltd v Singh [2026] NSWCATAP 7
CIVIL PROCEDURE - hearings — adjournments — grounds for adjournment — medical condition of representative of party — sufficiency of evidence — personal circumstances of representative of party — recent illness of mother — discretion to adjourn — applicable principles — whether refusal to adjourn a denial of procedural fairness
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW)
Bills introduced by Government
Fair Trading and Building Legislation Amendment Bill 2026 — introduced 4 February 2026
Non-Government
Energy and Other Legislation Amendment (Renewable Energy Infrastructure) Bill 2026* — introduced 5 February 2026
National Parks and Wildlife Amendment (Land Boundaries and Acquisitions) Bill 2026* — introduced 12 February 2026
Regulations and other miscellaneous documents
Environmental Planning Instruments
Byron Local Environmental Plan 2014 (Map Amendment No 11) (2026-1) LW 16 January 2026
Central Coast Local Environmental Plan 2022 (Map Amendment No 16) (2026-2) LW 16 January 2026
Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 18) (2026-3) LW 16 January 2026
Kempsey Local Environmental Plan 2013 (Map Amendment No 9) (2026-4) LW 16 January 2026
Kiama Local Environmental Plan 2011 (Map Amendment No 4) (2026-5) LW 16 January 2026
Wingecarribee Local Environmental Plan 2010 (Amendment No 73) (2026-7) LW 16 January 2026
Hilltops Local Environmental Plan 2022 (Amendment No 2) (2026-9) LW 23 January 2026
Newcastle Local Environmental Plan 2012 (Map Amendment No 6) (2026-10) LW 23 January 2026
Penrith Local Environmental Plan 2010 (Map Amendment No 5) (2026-11) LW 23 January 2026
Sydney Local Environmental Plan 2012 (Map Amendment No 10) (2026-12) LW 23 January 2026
Tamworth Regional Local Environmental Plan 2010 (Amendment No 28) (2026-13) LW 23 January 2026
The Hills Local Environmental Plan 2019 (Map Amendment No 7) (2026-14) LW 23 January 2026
Wollongong Local Environmental Plan 2009 (Map Amendment No 11) (2026-15) LW 23 January 2026
Sydney Local Environmental Plan 2012 (Map Amendment No 11) (2026-21) LW 30 January 2026
Wollongong Local Environmental Plan 2009 (Amendment No 61) (2026-22) LW 30 January 2026
Bayside Local Environmental Plan 2021 (Map Amendment No 8) (2026-25) LW 6 February 2026
Blacktown Local Environmental Plan 2015 (Amendment No 38) (2026-26) LW 6 February 2026
Campbelltown Local Environmental Plan 2015 (Map Amendment No 15) (2026-27) LW 6 February 2026
Cumberland Local Environmental Plan 2021 (Amendment No 12) (2026-28) LW 6 February 2026
Forbes Local Environmental Plan 2013 (Map Amendment No 3) (2026-29) LW 6 February 2026
Newcastle Local Environmental Plan 2012 (Amendment No 59) (2026-31) LW 6 February 2026
Wentworth Local Environmental Plan 2011 (Map Amendment No 9) (2026-35) LW 6 February 2026
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 22) (2026-39) LW 13 February 2026
Inner West Local Environmental Plan 2022 (Amendment No 14) (2026-40) LW 13 February 2026
Port Stephens Local Environmental Plan 2013 (Map Amendment No 10) (2026-41) LW 13 February 2026
Shellharbour Local Environmental Plan 2013 (Map Amendment No 5) (2026-42) LW 13 February 2026
Willoughby Local Environmental Plan 2012 (Map Amendment No 6) (2026-43) LW 13 February 2026
Wollongong Local Environmental Plan 2009 (Amendment No 59) (2026-44) LW 13 February 2026
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.
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