07 April 2025
58 min read
#Property, Planning & Development
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An owners corporation of 2 high-rise residential buildings in Warwick Farm, NSW, (the OC) commenced proceedings against Fairview Architectural Pty Ltd (Fairview), for supplying aluminium composite panels (ACP) used in its façade. The proceeding was a representative proceeding.
The Warwick Farm buildings, built between 2013 and 2015, contained large amounts of ACP affixed to their exterior, functioning as a waterproof membrane. The polyethylene core of the ACP is known to be highly flammable, such that the use of ACP with cores of more than 30% polyethylene (by mass) has been banned in NSW since 2018.
The OC alleged that the ACP manufactured and supplied by Fairview was not of merchantable or acceptable quality for the purposes of the Trade Practices Act 1974 (Cth) (TPA) and the Australian Consumer Law (ACL) (schedule 2 to the Competition and Consumer Act 2010 (Cth)) because of the threat to human life when exposed to fire.
The OC sought damages arising from the supply of the ACP, including all costs associated with its removal and the remediation of the buildings.
Fairview was placed into voluntary administration by its director on 7 July 2020, which resulted in a stay of the OC’s proceedings against it.
The insurer provided cover to Fairview for the period from 2012 to 2016.
Under the policies, Fairview was insured in relation to, among other things, property damage which occurred during the period of insurance in connection with products owned by it. Under the policies, 'property damage' was defined to include “physical loss, destruction of or damage to tangible property, including the loss of use thereof at any time resulting therefrom….”.
Orders were made joining the insurer to the proceedings as a second respondent. The insurer promptly filed an application seeking leave to appeal that decision.
In circumstances where the OC’s action was a representative proceeding, on behalf of buildings constructed with Fairview supplied ACP over a ten-year period, the insurer had significant exposure.
The insurer sought leave to appeal on 2 grounds:
In its submissions, the insurer’s primary argument concerned its purported entitlement to 'disclaim liability' under the policies issued to Fairview, which were based on:
The insurer relied on evidence supporting the propositions that:
The insurer submitted that it was the primary judge’s obligation to decide the issue of coverage on a final basis pursuant to section 5(4) of the TPC Act, which provides that “leave must be refused” if an applicant can prove their entitlement to disclaim liability.
However, the Full Federal Court dismissed the insurer’s application for leave to appeal, citing that:
The issue remains to be decided at trial as to whether the presence of ACP should be considered property damage and within the scope of the policies.
Authors: Christine Jones & Charlotte Fuller
New planning laws to help ease housing crisis in NSW are seeing home owners cash in
Fortunes are being made overnight across Sydney as neighbours band together to take advantage of new planning rules that allow apartment buildings in low-rise neighbourhoods. Multi-million-dollar deals are being stitched together without publicity or even "For Sale" or "Sold" signs, but the change is monumental for developers, planners and groups of owners. The changes, which took effect on February 28, impact neighbourhoods within 800 metres of 171 train stations or shopping areas in Sydney, Newcastle, Wollongong and the Central Coast (15 April 2025). Read more here.
Federal government announces $800 million budget boost for Help to Buy housing scheme
The federal government will expand the eligibility criteria for one of its signature housing policies under an $800 million investment to be included in next week's budget. Housing Minister Clare O'Neil has announced more people will be able to access the Help To Buy scheme, under which the government takes an equity stake of up to 40 per cent in properties bought by low-income first-home buyers. People with higher incomes will be now eligible for the scheme, and it will be available for properties that are worth more (22 March 2025). Read more here.
NSW government tightens plumbing supervision standards to enhance safety and quality
This initiative aims to ensure safe, high-quality plumbing work and protect both workers and the public. Starting June 2025, Building Commission NSW will conduct targeted compliance activities at sites across the state. Plumbers found to have workers without the right licence working unsupervised could face fines of up to $1,500 per breach. In cases of repeated violations, the Commission may suspend or cancel licences (10 March 2025). Read more here.
Building Commission NSW handed out tradie licences without running criminal history checks
Tens of thousands of contractors might have been granted licences without a criminal history check. This is because Building Commission NSW failed to secure a memorandum of understanding with NSW Police allowing staff to check an applicant's criminal record. Sources also claim investigators are being put at risk because they're not properly warned about an individual's criminal past (13 April 2025). Read more here.
With Australian steel and aluminium set to incur US tariffs, global uncertainty will be our next challenge
“Unjustified” and “not the way that friends and allies should be treated”. That’s how Prime Minister Anthony Albanese and Foreign Minister Penny Wong have described the latest shot in United States President Trump’s trade war. Effective today, there is a 25% tariff on all imports of steel and aluminium into the US – including on Australian products. Australia’s direct economic hit will be relatively small – less than A$1 billion of steel and aluminium was exported to the US in 2023, according to data from UN Comtrade. But the tariffs pose a more fundamental challenge to Australia’s trade strategy and how we manage key alliances in an era of resurgent protectionism (12 March 2025). Read more here.
Investor loans spike nationwide as NSW hits record high
New South Wales has seen investor loan numbers reach a record high, now accounting for 41.7 per cent of all new loans in the state, up from 29.6 per cent at the end of 2020. The growth in NSW has been largely driven by investor loans for newly built properties, which jumped 34 per cent year-on-year. These loans also have the highest average loan size in NSW at $872,306, compared to $827,099 for existing homes (27 March 2025). Read more here.
Building breaches attract almost half a million dollars in fines
Minister for Building Anoulack Chanthivong says Anthony Abi-Merhi, a sole trader operating under the name Triscapes, was found guilty of more than 40 breaches, relating to work for four consumers in 2022. Building Commission NSW identified a series of offences, including unlicensed work, excessive deposits and work without insurance from the Home Building Compensation Fund (HBCF), during its investigation (17 March 2025). Read more here.
Thirteen workers on tunnelling projects in Sydney diagnosed with deadly silicosis
Thirteen workers, including a 32-year-old, employed on tunnelling projects in Sydney have been diagnosed with silicosis. The workers' union says there have not been any prosecutions due to breaches of silica dust exposure. WorkSafe NSW carried out 90 inspections on tunnelling sites between January and September 2024, and says the cases are still under investigation (16 March 2025). Read more here.
Minns Labor Government establishes SafeWork NSW as a standalone regulator
The NSW Minns Labor Government has passed legislation to officially establish SafeWork NSW as a standalone regulator as it continues strengthening protections for workers. Under the former government, SafeWork NSW was hidden within the Department of Customer of Service and was not able to fully fulfil the functions expected of the state’s work health and safety regulator. The new standalone regular will feature an Advisory Council of experts to provide advice to the Minister for Work Health and Safety and SafeWork NSW on how it can support both workers and businesses in creating the safest possible workplaces (27 March 2025). Read more here.
NSW no-ground evictions ban to begin in May
From 19 May 2025, NSW property owners will not be allowed to evict tenants nor deny pets in their properties following the state’s latest slate of rental reforms. The new rental rules follow a bill amendment passed in October of last year, which ended the “no-grounds” evictions in NSW and implemented new rules for pets in rental homes, fulfilling Labor 2023 election pledges. Since then, the state has been in consultation with renters, investors, animal welfare groups and industry representatives to ensure the best outcomes for all parties (25 March 2025). Read more here.
NSW Rental Reform will undermine investor confidence
As a real estate agency principal with years of experience in Sydney’s premium property market, I’ve witnessed firsthand how well-intentioned tenant protection measures have created an environment where some savvy tenants can game the system, leaving landlords exposed and vulnerable. In the past four months alone, my agency has handled three nearly identical cases involving high-income professionals who simply stopped paying their rent – all in properties commanding weekly rents between $1,400 and $1,500. They were individuals working in financial markets, legal services, and insurance-professionals who understood the complexity and inefficiency of our current dispute resolution system and exploited it to their advantage (25 March 2025). Read more here.
Renters receive nearly $50,000 in refunds for illegal charges, as property managers are prosecuted for pocketing payments
Dodgy real estate agents and property managers have faced court after they were caught personally pocketing thousands of dollars in rental payments and bonds in NSW. More than 2300 renters will also be refunded $47,321 for background checks they were sold through an online rental application platform, when the service is legally required to be free. The background checks – using public databases and the National Tenancy Database – were sold by a company for $19.95 a pop, NSW Fair Trading said on Monday (26 March 2025). Read more here.
Deal is sealed for Australia’s first Renewable Energy Zone
Australia’s first declared Renewable Energy Zone (REZ) will formally commence construction within months after the NSW Government awarded ACEREZ the contract and reached financial close to deliver the Central-West Orana REZ transmission project. This landmark project will establish critical infrastructure that will connect solar and wind farms and energy storage to the NSW electricity grid. It’s central to the Minns Labor Government’s delivery of a reliable, affordable energy system that benefits communities and the economy (4 April 2025). Read more here.
Solar battery installations soar, cutting energy bills in NSW
Since the incentive was launched in November, more than 7,800 batteries have been installed in homes and businesses across NSW. By using the incentive scheme, eligible homeowners and businesses get an upfront discount on the cost of battery installation through installers working with government-accredited suppliers. The discount amount is related to the size of the battery, meaning larger batteries attract bigger discounts (7 April 2025). Read more here.
NSW Industry Policy to set ambitious new Local Manufacturing targets
The Minns Labor Government has today released the state’s first NSW Industry Policy to promote collaboration across industry, the innovation sector, and trade businesses, to give firms the confidence they need to invest and grow in NSW. Built around three connected missions – Housing, Net Zero & Energy Transition, and Local Manufacturing – the NSW Industry Policy sets out the Government’s approach to the NSW economy of the future. The policy will also set three ambitious new Local Manufacturing targets to position NSW manufacturing to capitalise on global market opportunities (5 March 2025). Read more here.
World-first land use data platform Land iQ licensed for industry use
Land iQ was developed by Property and Development NSW (PDNSW) in collaboration with other NSW Government agencies and in partnership with technology companies WSP Australia, Giraffe and Aerometrex. This technology will help bolster the in-house capabilities of private sector organisations, ensuring consistency in data and methodologies across the public and private sectors, and support the further digitisation of the planning and property sectors (22 March 2025). Read more here.
New surplus government sites identified for housing
The land audit is identifying surplus land no longer required by government in both metropolitan and regional areas that will now be made available for much needed housing. Three sites have been identified for future divestment on the Central Coast, including two sites at Gosford and one at Hamlyn Terrace that could deliver more than 160 homes, plus another site at Warabrook near Newcastle that could deliver a further 35 homes. More than 25 homes could be delivered at two sites at Castle Hill and Blacktown in Greater Sydney (21 March 2025). Read more here.
Election battle returns to the home front with Labor tradies pledge
Labor is proposing to spend $78 million to train 6000 extra tradies, in the latest federal election promise relating to housing. Anthony Albanese’s election commitment will establish the Advanced Entry Trades Training program to help experienced but unqualified workers get new qualifications. Research from Master Builders Australia shows that for every new qualified tradie, an extra 2.4 houses will be built each year (22 April 2025). Read more here.
Technical Training Colleges important step to boost tradie numbers
“The Housing Industry Association (HIA) welcomes today’s announcement by the Coalition to commit $260 million to build a new national network of Australian Technical Colleges to target boosting our industry’s critical trade shortages,” said HIA Managing Director, Jocelyn Martin. HIA recently undertook a skills mapping assessment and found that Australia is staring down the barrel of a shortfall in excess of 83,000 trade workers to build the Government’s 1.2 million new homes target. This equates to over 22,000 more chippies, 17,000 more sparkies, 12,000 more plumbers, 5,000 more brickies and 3,000 more concreters, to get these much-needed homes out of the ground and to lock up. Put simply, if we don’t have the tradies coming through the 1.2 million homes target will be a pipe dream (17 April 2025). Read more here.
Coalition to accelerate approvals to unlock more housing supply
“A key reason why the cost of government fees, charges and taxes has increased by $160,000 over the past five years, is the increased time it takes to gain approval to turn farmland into a residential suburb,” stated HIA’s Chief Economist, Tim Reardon. Greenfields land development can take 20 years to gain approval with each tier of government having regulatory processes that are subjective and evolve over time. The lack of certainty and slow decision making adds to the cost of developing land for new home building. With each delay to the approval process adding time, and therefore cost, which is then taxed multiple times, every delay results in a cascading impact on the cost of a new home. Accelerating decision making, and ensuring clear policy directions, is one of the keys to increasing the supply of new homes (16 April 2025). Read more here.
Work begins on Penrith Stadium redevelopment
The Minns Labor Government has begun construction on the $309 million redevelopment of Penrith Stadium. The precinct will transform into a modern venue for sport, recreation with community space and entertainment including concerts, offering a superior experience for visitors and players. The project, led by John Holland Group, is expected to generate around 500 jobs during construction and a further 650 jobs during operation delivering significant benefits for the Western Sydney economy (17 April 2025). Read more here.
Lismore is set for a construction boom
Lismore is set for a construction boom with more than $46 million worth of Development Applications approved in March, which is expected to push the total value of approved developments for this financial year to well in excess of $100 million. Lismore City Mayor Steve Krieg said after three years of recovery, the future of the city is looking bright and shows people outside of our community are eager to invest in Lismore. “Normally in a good year we would be looking at perhaps $100 million of DAs being approved for the Local Government Area, so $46 million in one month is an incredible sign of business confidence in our city,” he said. “We are at slightly under $100 million just now, so we are going to have a good year” (17 April 2025). Read more here.
Housing Delivery Authority State Significant Development declaration
A further 14 projects have been declared as State Significant Development following recommendations from the Housing Delivery Authority (HDA). Of these proposals, 9 are in metropolitan Sydney and 5 are in regional NSW. If lodged and approved, this could create more than 4,200 homes across New South Wales. To date, 78 proposals amounting to more than 32,100 potential homes have been declared state significant (15 April 2025). Read more here.
Regions to benefit from upgrades of roads to Renewable Energy Zones
Road upgrades that pave the way for the state’s Renewable Energy Zones (REZs) will start within weeks, after the NSW Government awarded the contract to deliver the first stage of the $128 million Port to REZ Program. The program will upgrade key roads and intersections to make it possible to transport the oversized equipment needed to build renewable energy projects in regional NSW, and leave improved roads for the whole community. The Minns Labor Government is investing $110.5 million to build better roads that benefit communities and support the delivery of vital infrastructure and affordable renewable energy. The Australian Government is investing another $18 million in this project (16 April 2025). Read more here.
Women explore construction careers through new campaign
The Australian Constructors Association (ACA), backed by NSW government funding, is challenging gender stereotypes in construction through its It’s Possible campaign. A recent site tour at the $658 million Sydney Children’s Hospital Stage 1 and Minderoo Children’s Comprehensive Cancer Centre project in Randwick saw 30 women gain firsthand exposure to the industry, meeting professionals and exploring career pathways. Hosted by principal contractor John Holland, the tour highlighted the sector’s evolving inclusivity (9 April 2025). Read more here.
NSW Government to Change Sydney’s Central Station Rezoning
In an update to Sydney’s Central Station precinct rezoning, the NSW government is quietly moving to get rid of a crucial part of the plan. Critics argue that this will waste tens of millions of dollars spent on plans and force a future authority back to square one if major redevelopment is considered again. About eight hectares at the heart of Central Station were to receive the same zoning as most of the CBD, under Transport for NSW’s proposal several years ago. The zoning plan was referred to as “SP5” and would’ve allowed for towers as high as 34 storeys to be built as part of an over-station development on the strategically important site. However, the Department of Planning is now considering a major revision to the plan that will result in maintaining the existing zoning for the eight-hectare area. The current zoning only permits rail-related use, according to sources close to the project who have requested anonymity due to the sensitivity of the issue (22 April 2025). Read more here.
NSW Government begins $128m road upgrades for renewable energy zones
The New South Wales Government has initiated the first stage of its $128 million Port to Renewable Energy Zones (REZ) Program, aiming to enhance road infrastructure to facilitate the transportation of oversized equipment essential for renewable energy projects in regional NSW. This initiative involves upgrading 19 key locations along the route from the Port of Newcastle to Elong Elong near Dubbo, thereby improving access to the Central-West Orana REZ (22 April 2025). Read more here.
NSW Government launches Land iQ platform for land use
The New South Wales Government has announced the release of its Land iQ data platform for licensed industry use, offering a tool for land management that aims to expedite the pre-planning process. Developed by Property and Development NSW (PDNSW), in collaboration with other government agencies and technology partners such as WSP Australia, Giraffe, and Aerometrex, Land iQ integrates over 200 data sources and 75 land-use data types. The platform facilitates strategic evaluations of land use, enhancing both public and private sector capabilities. The platform is designed to aid a diverse range of planning and property-related activities. It is intended to assist with land assessments, land valuations, and improve risk assessments related to climate pressures and natural hazards. This integration is expected to support planning and property management sectors, universities, and Local Aboriginal Land Councils in managing land and identifying development opportunities (24 March 2025). Read more here.
AML regulation looms over the profession
Late in 2024, the Australian Federal Parliament passed significant legislative changes that will extend anti-money laundering and counter-terrorism financing regulations over legal services – as well as accounting, real estate, trustee, and corporate secretariat services. For lawyers, this is unquestionably a new and potentially onerous form of regulation. This article aims to convey deep experience in the New Zealand profession, and to suggest six initial practical steps that law firms can begin to think about and act upon, now, even in the early stages of planning (8 April 2025). Read more here.
Native title: older and deeper than the Constitution
Commonwealth v Yunupingu [2025] HCA 6 has reshaped native title law and will be cited as a landmark precedent in the years to come. The case revolved around the extent of the territories power in sections 122 and 51(xxxi) of the Constitution, and the nature of native title as a distinct form of property rights. Specifically, the High Court held that pre-1975 acts by the Commonwealth which extinguished native title could be compensable as invalid acquisitions of property contravening the just terms guarantee in section 51(xxxi) of the Constitution. (11 April 2025). Read more here.
Have your say – Net Zero Commission 2025 consultation
Climate change impacts manifest both as acute events (such as bushfires and intense storms) and slow-onset processes (like sea level rise or drought). These impacts often exacerbate existing exposures and vulnerabilities, highlighting the urgent need for adaptation action. The Net Zero Commission is seeking feedback on the climate change and adaptation advice they give to NSW Government. The consultation period will be open until 11 July 2025. Access the Consultation Paper here.
Have your say – Water Management Regulations 2025
The Water Management (General) Regulation 2018 (the 2018 Regulation) will be automatically cancelled on 1 September 2025. It is important to have regulations in place because they support the operation of the Water Management Act 2000. The Department of Climate Change, Energy, the Environment and Water (DCCEEW) proposes to replace the 2018 Regulation with the Water Management (General) Regulation 2025 and Water Management (Water Supply Authorities) 2025 Regulation. The consultation period will be opened until 6 April 2025. Access the Draft Regulations and Impact Statement here.
Have your say – Proposed NSW Primary Industries Workforce Strategy
The proposed Strategy aims to generate outcomes that support and build the workforce necessary for delivering profitable, sustainable, and innovative agriculture, forestry and fishing industries in NSW, now and in the future. The proposed Strategy recommends, improving business management, adaptability and innovation, fostering a diverse workforce accessible across NSW and careers in primary industries. The consultation period will be open until 30 April 2025. Access the Proposed NSW Primary Industries Workforce Strategy 2025-2030 Paper here.
Building Approvals, Australia
The Australian Bureau of Statistics (ABS) provides the number of dwelling units and value of buildings approved. In February 2025, the seasonally adjusted estimate revealed that total dwellings approved fell 0.3% to 16,606, private sector houses rose 1.0%, to 9,203, while private sector dwellings excluding houses fell 1,5%, to 7,113. The value of total residential building rose 5.0%, to $9.65b and the value of non-residential building fell 16.5%, to $4.69b (2 April 2025). Read more here.
Engineering Construction Activity, Australia
This ABS release contains value of engineering construction work done, commenced and yet to be done for December 2024 period. In the December quarter, seasonally adjusted work done rose 1.5% and specifically work done for the private sector rose 1.9%. Value of work commenced fell 14.8% in original terms and overall trend work done rose 2.3% (26 March 2025). Read more here.
NSW Government response to the inquiry of the Select Committee into the Proposal to Develop Rosehill Racecourse
In December 2023, the Government announced the Australian Turf Club’s (ATC’s) intention to submit an unsolicited proposal to redevelop Rosehill Racecourse to allow for the development of up to 25,000 new homes, greenspace and other mixed-uses. The unsolicited proposal would support the NSW Government’s commitment to more housing in places where people want to live, and to improve affordability, reduce building and infrastructure costs and create thriving communities. If successful, The ATC has proposed that funds from the development could be invested in racing, training and member and spectator facilities at existing racing, training and stabling venues (6 March 2025). Read more here.
Report No. 1 of the Joint Standing Committee on Net Zero Future entitled "2024 Annual Report of the Net Zero Commission"
The 2024 annual report of the Net Zero Commission was broadly supported by stakeholders, who look forward to engaging with the commission on future reports. This committee finds that there is considerable uncertainty regarding whether emissions targets can be achieved – particularly the 2030 and 2035 interim targets – given what the Net Zero Commission describes as a ‘sizeable pipeline’ of new coal expansions currently being assessed by the NSW Department of Planning, Housing and Infrastructure (28 March 2025). Access the Report here.
Work Health and Safety Regulation Consultation
The Housing Industry Association (HIA) takes this opportunity to respond to the Discussion Paper (Paper) on the Work Health and Safety (WHS) Regulation Consultation released by the Department of Customer Service (DCS) as part of the review of the NSW Work Health and Safety (WHS) Regulation 2017 (NSW WHS Regulation). HIA observes that some of the proposed changes appear to be largely aesthetic in nature, while others seem vague and lack a thorough assessment. Additionally, there is insufficient clarity on how these changes will impact industry participants (12 March 2025). Read more here.
Consultation on the ban of engineered stone
HIA takes this opportunity to provide a submission to Safe Work Australia (SWA) in response to the consultation on the review of the ban of engineered stone in Australia implemented by the Model WHS Amendment (Engineered Stone) Regulation 2024 (Engineered Stone Regulation). Key issues raised in this submission include performance issues of alternatives to engineered stone, issues relating to the reinstallation of legacy engineered stone at the same location, and uncertainty about the assessment of high risk in relation to processing of legacy engineered stone (31 March 2025). Read more here.
Livable Housing Requirements in NSW Discussion Paper 2025
HIA takes this opportunity to respond to the Discussion Paper (Paper) on Livable Housing Requirements in NSW, released by Building Commission NSW (BCNSW) as part of a review into whether the current NSW exemption to the NCC livable housing design standards (LHDS) remains appropriate. The Paper puts forward four options for NSW, maintain the NSW state variation to not adopt LHDS, keep adoption voluntary with mandatory disclosure requirements on livability options at the point of sale, adopt the LHDS with exemptions and full adoption of LHDS (20 March 2025). Read more here.
Off-the-Plan Contracts and Obsolete Restrictive Covenants – Consultation on the Proposed Reforms
HIA takes this opportunity to respond to the Discussion Paper (Paper) on the review of Contracts and Covenants released by the Office of Registrar General on 22 January 2025. While clarity and certainty in contract law are important, HIA is concerned that further ad hoc amendments may result in a piecemeal and reactionary approach to regulation. Any further changes to conveyancing laws should be evidence-based, addressing a clear and demonstrable market failure, rather than imposing additional red tape and compliance costs on businesses without justification (7 March 2025). Read more here.
Building Activity, Australia
The Australian Bureau of Statistics (ABS) provides estimates of value of building work and number of dwellings commenced, completed, under construction and in the pipeline. In seasonally adjusted terms, the total number of dwelling units commenced fell 4.4% to 41,911 dwellings. New private sector house commencements fell 6.1% to 26,136 dwellings, while new private sector other residential commencements fell 5.6% to 14,196 dwellings. The value of total building work done fell 0.7% to $38.4b (16 April 2025). Read more here.
NSW Renewable Energy and Transmission Landholder Guide
NSW Farmers, with support from the Queensland Farmers’ Federation and funding from EnergyCo, has developed the NSW Renewable Energy and Transmission Landholder Guide to help landholders navigate renewable energy and transmission projects. The guide covers negotiating agreements, understanding long-term farm impacts, securing fair compensation, managing land use restrictions and addressing construction disruptions and ongoing project impacts (11 April 2025). Access the guide here.
BUILDING AND CONSTRUCTION – adjudication – Judicial review – whether adjudicator’s determination affected by jurisdictional error on the basis that he erroneously found that certain submissions were not “duly made” or failed to consider submissions about set-off – whether orders ought to be made in the nature of mandamus compelling adjudicator to determine parts of adjudication application which remain undetermined because of jurisdictional error.
BUILDING AND CONSTRUCTION – adjudication – declaration – whether declaration about validity of new adjudication application ought to be made.
Building and Construction Industry Security of Payment Act 1999 (NSW) ss 13, 14, 17, 20, 22, 26, 32A.
Impala Kitchens Pty Ltd v O’Donoghue [2025] NSWCATAP 49
APPEAL – Home Building Act 1989 (NSW) – contract – form of contract – enforceability of contract – repudiation – insurance – effect of failure to insure.
APPEAL – parties – joinder – party at first instance not named as respondent on appeal – proper and necessary party.
LEAVE TO APPEAL – Appeals from the Consumer and Commercial Division – construction and application of cl 12, Sch 4 to the Civil and Administrative Tribunal Act 2013 (NSW) – question of law – fair and equitable – against the weight of evidence – significant new evidence.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW).
BUILDING AND CONSTRUCTION – adjudication – Building and Construction Industry (Security of Payment) Act 2021 (WA) – policy of security of payment legislation – timeframes – rough and ready – brutally fast – policy best served by restricting judicial intervention – East Coast model – jurisdictional differences and similarities.
BUILDING AND CONSTRUCTION – adjudication – Building and Construction Industry (Security of Payment) Act 2021 (WA) – jurisdictional fact – where statutory language objectively worded – subjective opinion of adjudicator – release of performance security bonds.
BUILDING AND CONSTRUCTION – adjudication – Building and Construction Industry (Security of Payment) Act 2021 (WA) – whether service requirement met by providing link within email – meaning of “given” – whether strict compliance was a precondition to jurisdiction.
BUILDING AND CONSTRUCTION – adjudication – Building and Construction Industry (Security of Payment) Act 2021 (WA) – proper form of relief – mandamus – whether adjudicator must determine review application in accordance with law – where other proceedings on foot.
Acts Interpretation Act 1954 (Qld) ss 38, 39; Building and Construction Industry Payments Act 2004 (Qld) s 21; Building and Construction Industry Security of Payment Act 1999 (NSW) s 17; Building and Construction Industry Security of Payment Act 2002 (Vic); Building and Construction Industry (Security of Payment) Act 2021 (WA) ss 3, 24, 36, 38, 40, 42, 43, 45, 46, 47, 48, 52, 56, 57, 58, 113; Building Industry Fairness (Security of Payment) Act 2017 (Qld) ss 21, 79; Electronic Transactions Act 2011 (WA) ss 9, 14, 24; Electronic Transactions (Queensland) Act 2001 (Qld) ss 11, 24; Interpretation Act 1984 (WA) s 18; Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW); Jurisdiction of Courts (Cross-Vesting) Act 1987 (WA); Building and Construction Industry (Security of Payments) Regulations 2022 (WA) rr 22, 23.
SP 95221 v Lane Cove Council [2025] NSWSC 172
ADMINISTRATIVE LAW – review for denial of procedural fairness – review on the grounds of irrelevant and relevant considerations – remedies – discretionary factors – delay – plaintiff is the Owners Corporation of a multi-residential apartment building erected in suburban Sydney – the second defendant is the New South Wales Civil and Administrative Tribunal (“NCAT”) – the first defendant is a Council constituted under the Local Government Act 1993 (“the Council”), and the developer of the complex – after the building work is completed and the building is occupied, the plaintiff sought to file an application with the Registrar of NCAT against the Council and others for breach of the statutory warranties provided under the Home Building Act 1989 – application is rejected by the Registrar – NCAT files a submitting appearance in these proceedings – Council defends NCAT’s rejection of the application – whether the Registrar of NCAT denied the plaintiff procedural fairness in rejecting the application – whether the Registrar took into account irrelevant considerations or failed to take into account relevant considerations in rejecting the application – whether prerogative relief under Supreme Court Act 1970, s 69 should be refused on discretionary grounds due to the delay of the plaintiff in bringing these proceedings.
Civil and Administrative Tribunal Act 2013, s 26; Civil Procedure Act 2005 Part 6; Design Practitioners Act 2020; Home Building Act 1989; Strata Schemes Management Act 2015; Strata schemes development Act 2015; Supreme Court Act 1970; Uniform Civil Procedure Rules 2005, r 59.2; Home Building Act 1989; Supreme Court Act 1970, s 69.
COSTS – where plaintiff wishes to discontinue proceedings – where proceedings discontinued by Plaintiff following agreement – whether agreement was a compromise or an effective surrender by the defendant – Whether parties acted reasonably – whether plaintiff’s case was “almost certain to have succeeded”.
Home Building Act 1989 (NSW), Pt 2C; Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW), ss 33, 34, 45, 46, 47; Uniform Civil Procedure Rules 2005 (NSW), r 31.19.
The Owners – Strata Plan 87003 v Raysons Constructions Pty Ltd (No 2) [2025] NSWSC 182
COSTS – certificate under Suitors’ Fund Act 1951 (NSW) sought – unsuccessful respondent’s submissions had led lower court into error – unsuccessful respondent sought to defend erroneous decision on appeal – inappropriate to grant certificate.
Home Building Act 1989 (NSW), ss 18B, 18E; Suitors’ Fund Act 1951 (NSW) s 6.
Schmuelly v Elrob Construction Group Pty Ltd (No 3) [2025] NSWSC 118
CONSUMER LAW – misleading or deceptive conduct – whether builder misrepresented his experience in building luxury homes – represented this was his “passion” – whether representation made – whether representation misleading – “puffery” – principles at [16]-[18].
CONTRACTS – repudiation – principles at [99]-[101] – building ‘stalls’ for a year – owner indecisive about windows and doors quote – builder requests shop drawings for layout and joinery, which are not forthcoming – owner seeks legal advice but does not tell builder of complaints – no response to builder’s follow ups – builder advises intention to remove scaffolding – no reply – scaffolding removed.
DAMAGES – rectification of defects – whether entitled to costs to complete works – mitigation – principles at [91]-[97] – overpayments of milestone payments – overcharged variations.
Civil Procedure Act 2005 (NSW) s 100; Competition and Consumer Act 2010 (Cth) ss 2(1), 236, 237, 243 Australian Consumer Law; Home Building Act 1989 (NSW), ss 18B, 18BA(1)(b).
Howland v Secretary, Department of Customer Service [2025] NSWCATOD 21
ADMINISTRATIVE LAW – administrative review – contractor licence – carpenter – applicant on parole – fit and proper person.
Administrative Decisions Review Act 1997 (NSW); Home Building Act 1989 (NSW).
Veselinovic v Secretary, Department of Customer Service [2025] NSWCATOD 36
ADMINISTRATIVE REVIEW – application for renewal of supervisor certificate – administration and liquidation of company of which the Applicant was a director – whether he took all reasonable steps to avoid the appointment of a liquidator – whether he was a fit and proper person to hold a supervisor certificate.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW); Home Building Amendment Act 2014 (NSW).
The Owners – Strata Plan No. 12185 v Brown [2025] NSWCATAP 51
REAL PROPERTY – STRATA MANAGEMENT – challenge to air conditioning by-law – Strata Schemes Management Act 2015 (NSW) s 149.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Strata Schemes Management Act 2015 NSW; Strata Schemes Development Act 2015 (NSW).
Emag Apartments Pty Ltd v Sutherland Shire Council [2025] NSWLEC 1221
DEVELOPMENT APPLICATION – residential accommodation for 83 co-living rooms – conciliation conference – amended plans and information – agreement between the parties – orders made.
Environmental Planning and Assessment Act 1979, ss 4.15, 8.7; Land and Environment Court Act 1979, s 34; Water Management Act 2000; Environmental Planning and Assessment Regulation 2021, s 38; State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.8; State Environmental Planning Policy (Housing) 2021, Chs 3, 4, Pt 3, ss 67, 68, 69, 144; State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6; State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.99, 2.119; Sutherland Shire Local Environmental Plan 2015, cll 2.3, 2.7, 4.3, 4.4, 4.6, 6.2, 6.4, 6.14, 6.16, 6.17.
Succar v Dominium Homes Pty Ltd [2025] NSWSC 183
BUILDING AND CONSTRUCTION – contract – damages – defects – default judgment entered against builder with damages to be assessed – assessment of damages – no question of principle.
Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW).
Elmaadawy v Decent Designs Pty Ltd [2025] NSWCATAP 45
APPEALS – home building – exercise of discretion – adequacy of evidence.
APPEALS – Procedure – Stay pending appeal – abuse of process – relitigating interlocutory application – oppressive – contrary to administration of justice.
Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 80(2), cl 12(1) of Sch 4; Home Building Act 1989 (NSW), s 10.
Billyard Ave Developments Pty Limited v The Council of the City of Sydney [2025] NSWLEC 22
APPEAL – appeal on question of law – misconstruction of statutory provision – Commissioner’s decision to refuse development consent for demolition and erection of new residential flat buildings – contravention of building height development standard – written request seeking to justify contravention – Commissioner not satisfied that development is consistent with zone objectives – misconstruction of zone objectives – misunderstanding and misapplication of principles of statutory interpretation.
APPEAL – appeal on question of law – denial of procedural fairness – Commissioner decided appeal on issues not contested by the parties – consent orders – Commissioner’s findings of social impacts and negative environmental effects of development not in issue – denial of procedural fairness by failing to give parties notice and opportunity to be heard.
Environmental Planning and Assessment Act 1979 (NSW), s 4.16; Land and Environment Court Act 1979 (NSW), s 34; Land and Environment Court Rules 2007 (NSW), r 3.7; Standard Instrument (Local Environmental Plans) Order 2006; Sydney Local Environmental Plan 2012, cl 4.6.
The Owners – Strata Plan No 52378 v Huang [2025] NSWLEC 1125
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – whether strata plan can make an application – whether multiple applications required – neighbouring cypress hedges – obstruction of sunlight and views – whether the obstruction is severe – balancing of interests – orders for tree removal, tree pruning and ongoing maintenance.
Interpretation Act 1987 (NSW), Sch 4; Real Property Act 1900 (NSW), s 3; Strata Schemes Development Act 2015 (NSW), ss 4, 24; Strata Schemes Management Act 2015 (NSW), ss 8, 9; Trees (Disputes Between Neighbours) Act 2006 (NSW), Pt 2, Pt 2A, ss 3, 6, 7, 14A, 14B, 14C, 14D, 14E, 14F; North Sydney Local Environmental Plan 2013, cl. 5.10, Sch 5.
Maynard v Secretary, Department of Customer Service [2025] NSWCATOD 27
Administrative Law – refusal of building contractor licence application – director of company in liquidation – whether Applicant took all reasonable steps to avoid external administration – risk to the public if licence granted.
Administrative Decisions Review Act 1997 (NSW); Home Building Act 1989 (NSW).
Secretary, Department of Customer Service v Bob Building Services Pty Ltd [2025] NSWCATAP 48
APPEAL – interlocutory decision – application for stay – whether proper regard had to a mandatory consideration – meaning of the public interest.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Home Building Act 1989.
Lewis v The Owners – Strata Plan No. 32924 [2025] NSWCATAP 72
LAND LAW – Strata titles – legality of by-laws – whether one by-law was invalid because it was made beyond power – whether another by-law was void for uncertainty.
APPEALS – errors of law – new points of law permitted to be raised on appeal.
Civil and Administrative Tribunal Act 2013 (NSW); Strata Schemes Management Act 2015 (NSW).
OCCUPATIONAL – administrative review of decision to refuse contractor licence – electrician – liquidation – insolvency – failure to establish no potential risk.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Corporations Act 2001 (Cth); Home Building Act 1989 (NSW).
Wells Group Pty Ltd v Betts [2025] NSWCATAP 70
APPEALS – Appeal on question of law – Scope of question of law.
APPEALS – Constructive failure to exercise jurisdiction by not addressing a material issue or by overlooking material evidence.
APPEALS – Leave to appeal – Principles governing – leave to appeal granted.
BUILDING AND CONSTRUCTION – Residential building work – Statutory warranties under Home Building Act 1989 (NSW) – Claim by owner against builder – Claim by builder against owner for money owing under contract.
Civil and Administrative Tribunal Act 2013 (NSW), s 60, 62, 80, 81, Sch 4, cl 12, Sch 6, cl 11; Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A; Home Building Act 1989 (NSW).
Innovative Builders and Engineers Pty Ltd v Shah No 2 [2025] NSWCATAP 46
Costs – rr 38 and 38A of the Civil and Administrative Tribunal Rules 2014 – appeal allowed - costs of appealed proceedings to be costs in the cause on rehearing – costs of appeal to follow the event – measure of costs recoverable by self-represented parties –where leave to be legally represented not sought or obtained – discretion to make costs orders – meaning of disbursements and out of pocket expenses.
Civil and Administrative Tribunal Act 2013 (NSW), s 60; Civil and Administrative Tribunal Rules 2014 (NSW), rr 39 and 38A; Civil Procedure Act 2005 (NSW); Strata Schemes Management Act 2015 (NSW).
Hunter Building Group Pty Ltd v Tonitto [2025] NSWCATAP 60
APPEAL – HOME BUILDING ACT-no issue of principle – reference to legislative preference for rectification work to be carried out by the responsible party.
Civil and Administrative Tribunal Act 2013; Home Building Act 1989.
Lincoln Wilson and Anor v Secretary, Department of Customer Service [2025] NSWCATOD 29
STAY – administrative review of revocation of licence – stay refused – factors relevant to a stay.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW).
Demand Investment Nominees Pty Ltd v Lee [2025] NSWCATAP 61
APPEALS – whether orders expressed by Tribunal to be consent orders were in fact consent orders.
Civil and Administrative Tribunal Act 2013 (NSW), 38, 41, 53, 62, 6380; cl 12 of Sch 4; Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4)(c); Home Building Act 1989 (NSW), s 48MA.
Casey v Retford (No 2) (costs) [2025] NSWDC 92
COSTS – where claim and cross-claim both partially successful.
Civil Procedure Act 2005; Home Building Act 1989; Uniform Civil Procedure Rules 2005.
Brown v Reed [2024] NSWCATCD 52
HOME BUILDING – limitation period – whether work not complete-completion – practical completion; HOME BUILDING – major defects.
Home Building Act 1989 (NSW).
Campbell v The Owners Strata Plan No 88807 [2024] NSWCATCD 50
REAL PROPERTY – STRATA MANAGEMENT – content of owners corporation’s strict duty of maintenance and repair – alleged loss of rent from alleged breach – not established on facts.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Strata Schemes Management Act 2015 (NSW).
BUILDING AND CONSTRUCTION – contract – cost plus contract for construction of residence – alleged breach of contract – whether plaintiff builder entitled to claim payment for outstanding invoices from defendant owners.
CONTRACT – construction – special condition – where contract obliged parties to cooperate to obtain the most competitive price for each element of trade or materials and obtain a minimum of quotations for each item – where builder did not obtain two quotations in relation to some items – where defendants resisted builder’s claim on basis that this was a breach of the provision – whether provision imposed obligation to obtain two quotations on the builder alone or rather on the parties jointly – whether provision merely exhortatory.
CONTRACT – implied terms – where plaintiff builder contends for implied term to the effect that it was not necessary for the plaintiff builder to obtain two quotes in some circumstances – where such term would be inconsistent with express term of the contract.
CONTRACT– damages – facilitation principle – whether owners’ damage to be measured by the difference between the cost and the reasonable value of the works not subject to two quotations –whether it would be just to permit owners belatedly to rely on the facilitation principle.
Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law.
Whittingham v Avid Homes Pty Ltd [2024] NSWCATCD 55
BUILDING AND CONSTRUCTION – defective residential building work – contractual terms for external cladding – reasonable and necessary scope of works for rectification of defects found – appropriate remedy – preferred outcome – works order made.
Home Building Act 1989 NSW; Civil and Administrative Tribunal Act 2013 NSW; Civil and Administrative Tribunal Rules 2014 NSW.
The Owners – Strata Plan No 93804 v M Services & Maintenance Pty Ltd [2024] NSWCATCD 54
BUILDING AND CONSTRUCTION – Home Building Act – orders not complied with – renewal of proceedings – whether Tribunal considering application for renewal can entertain an application for an extension of time for compliance with the orders.
CIVIL PROCEDURE – Civil and Administrative Tribunal Act s 41 – extension of time for compliance with orders – applicable principles – whether Tribunal has power to extend time for compliance with orders made by consent.
Civil and Administrative Tribunal Act 2013 (NSW) s 41, Sch 4 cl 8; Design and Building Practitioners Act 2020 (NSW); Home Building Act 1989 (NSW) ss 48K, 48MA; Uniform Civil Procedure Rules 2005 (NSW).
Kumar v SMJ Construction Group Pty Ltd [2024] NSWCATCD 56
BUILDING AND CONSTRUCTION – Authority to enter into contracts – Ostensible authority – Ostensible authority not established by use of letterhead or truck bearing company logo.
AGENCY – Authority of agent – Ostensible authority.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
Martinus Rail Pty Ltd v Qube RE Services (No.2) Pty Ltd [2025] NSWCA 49
BUILDING AND CONSTRUCTION – adjudication – judicial review – whether adjudication affected by jurisdictional error – principles of jurisdictional error under Building and Construction Industry Security of Payment Act 1999 (NSW).
ADMINISTRATIVE LAW – Judicial review – content of obligation “to consider” – whether failure specifically to refer to a matter reveals failure to consider that matter – scope of obligation to consider under Building and Construction Industry Security of Payment Act 1999 (NSW), s 22(2) – whether procedural unfairness established – whether decision legally unreasonable.
Building and Construction Industry Payments Act 2004 (Qld); Building and Construction Industry Security of Payment Act 1999 (NSW) ss 3, 8, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 29, 32, 32A, 32B; Commercial Arbitration Act 2010 (NSW).
BUILDING AND CONSTRUCTION – RSL club engages builder, who engages subcontractor – subcontractor serves notices of claim on RSL club under Contractors Debts Act 1997 (NSW) – RSL club challenges adjudication determination in favour of builder – RSL club undertakes to maintain funds in bank account to pay notices of claim and pays the balance of the adjudicated amount into Court – RSL club fails – subcontractor still unpaid – whether monies in Court should be paid to the subcontractor, the builder or the RSL club.
CONTRACTORS DEBTS ACT 1997 – purpose – review – whether RSL club entitled to defend enforcement action by subcontractor outside the ’pay now, argue later’ regime established by Building and Construction Industry Security of Payments Act 1999 – harmonious operation of both Acts.
Building and Construction Industry Security of Payment Act 1999 (NSW), ss 4, 8, 16(1)(d), 23, 24, 25(1), (2), (3); Contractors Debts Act 1997 (NSW), ss 3(3)(a) 5 6(1), 6(1)(b), 7, 7(1A), 8, 9(1), 11, 12, 13, 14, 16; Contractors’ Debt Act 1897 (NSW); Uniform Civil Procedure Rules 2005 (NSW), r 43.7(2)(a).
Kuatro Build Pty Ltd v Elite Formwork Group Pty Ltd [2025] NSWSC 372
BUILDING AND CONSTRUCTION – Adjudication – Judicial review – Whether adjudication was affected by jurisdictional error – Whether enforcement of the determination should be stayed even if the determination was not affected by jurisdictional error.
ADMINISTRATIVE LAW – Jurisdictional error – Whether adjudicator failed to duly ‘consider’ relevant considerations under s 22(2) of the Building and Construction Industry Security of Payment Act 1999 (NSW) – Whether procedural unfairness established.
Building and Construction Industry Security of Payment Act 1999 (NSW) ss 17, 20, 22, 24(1)(a), 25; Corporations Act 2001 (Cth), s 459C.
Karall v Secretary of the Department of Customer Service [2025] NSWCATOD 38
ADMINISTRATIVE LAW – Home building – application for renewal of individual contractor licence – application within 10 years of applicant being a director of a Chapter 5 body corporate – s 33B Home Building Act 1989 – s 33C Home Building Act 1989.
Administrative Decisions Review Act 1997 (NSW); Building Legislation Amendment Act 2023 (NSW); Corporations Act 2001 (Cth); Home Building Act 1989 (NSW); Licensing and Registration (Uniform Procedures) Act 2002 (NSW).
Williamson v Chief Commissioner of State Revenue [2025] NSWCATAD 69
TAXES AND DUTIES – Dutiable transactions – Concession from duty under First home buyers assistance scheme – Reassessment – No exercise of discretion – Onus of proof not satisfied.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Duties Act 1997 (NSW); First Home Owner Grant Act 2000 (NSW); Interpretation Act NSW 1987 (NSW); State Revenue Legislation Further Amendment Bill 2005 (NSW); Taxation Administration Act 1996 (NSW); Civil and Administrative Tribunal Act 2013 (NSW).
Thomas v Chief Commissioner of State Revenue [2025] NSWCATAD 67
ADMINISTRATIVE LAW – Civil and Administrative Tribunal (NSW) – application made out of time – First Home Owners Grant and First Home Buyers Assistance Scheme – application for extension of time – exercise of discretion.
TAXES AND DUTIES – First Home Owners Grant and First Home Buyers Assistance Scheme – residence requirement – discretion to ease or waive the requirement.
Civil and Administrative Tribunal Act 2013 (NSW); Duties Act 1997 (NSW); First Home Owner Grant (New Homes) Act 2000 (NSW); Taxation Administration Act 1996 (NSW).
Carroll and Ors v The Owners – Strata Plan no 37248 [2025] NSWCATAP 59
APPEAL – whether an application under s 149(1)(c) of the Strata Titles Management Act must be brought within the time of 28 days provided for by r 23(3)(b) of the Civil and Administrative Rules.
Civil and Administrative Tribunal Act, 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Limitation Act 1969 (NSW); Strata Schemes Management Act 1996 (NSW); Strata Schemes Management Act 2015 (NSW); Strata Schemes Management Regulation 2016 (NSW); Strata Titles Act 1973 (NSW); Strata Titles (Amendment) Act 1987 (NSW).
White House Developments Pty Ltd v The Owners – Strata Plan No 70276 [2025] NSWCATAP 68
APPEALS – Appeal on question of law – Scope of question of law.
LAND LAW – Strata title – Whether the owners corporation breached the statutory duty to properly maintain and keep in a state of good and serviceable repair the common property – Whether the owners corporation is liable to a lot owner for damages for loss of rent for breach of statutory duty and in nuisance – Whether the owners corporation is liable to a work order to repair the common property and lot of the lot owner.
Civil and Administrative Tribunal Act 2013 (NSW), ss 25, 41, 60, 80, 81, 90, Sch 7, cl 1; Civil and Administrative Tribunal Rules 2014 (NSW), rr 23, 38, 38A; Environmental Planning and Assessment Act 1979 (NSW), ss 81A, 109C (repealed); Limitation Act 1969 (NSW), s 14; Strata Schemes Management Act 1996 (NSW), Ch 5, ss 62, 138 (repealed); Strata Schemes Management Act 2015 (NSW), ss 106, 232, 241, 253.
The Owners-Strata Plan 934 v T&P Chimes Development Pty Ltd (No 2) [2025] NSWLEC 28
LAND LAW – strata title – strata renewal plan for redevelopment – Strata Schemes Development Act 2015 (NSW) – one dissenting owner not a party to the proceedings – strata renewal plan given effect.
Land and Environment Court Act 1979 (NSW) s 19; Strata Schemes Development Act 2015 (NSW) ss 3, 153, 154, 156, 157, 158, 160, 161, 162, 172, 173, 174, 177, 179, 181, 182, 183, 185, Sch 7; Strata Schemes Management Act 2015 (NSW) s 31; Strata Schemes Development Regulation 2016 (NSW) cll 27, 28, 30, 31, 33, 34, 35; Sydney Local Environmental Plan 2012 (NSW) cl 6.21.
Choi v The Owners- Strata Plan No. 52482 [2025] NSWCATAP 85
APPEAL – directions at first instance for the lodgment of documents and submissions on costs – whether an internally appealable decision – whether leave to appeal should be granted.
Civil and Administrative Tribunal Act 2013; Strata Schemes Management Act 2015.
Proclamations commencing Acts
Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024 No 96 (2025-88) – published LW 7 March 2025
Treasury and Energy Legislation Amendment Act 2022 No 63 (2025-89) – published LW 7 March 2025
Water Management Act 2000 No 92 (2025-85) – published LW 5 March 2025
Residential Tenancies Amendment Act 2024 No 75 (2025-138) – published LW 2 April 2025
Regulations and other miscellaneous instruments
Government Sector Employment Amendment Regulation 2025 (2025-86) – published LW 5 March 2025
Water Management (General) Amendment (Metering) Regulation 2025 (2025-92) – published LW 7 March 2025
Workers Compensation (Indexation) Order 2025 (2025-101) – published LW 14 March 2025
Administrative Arrangements (Administrative Changes–Miscellaneous) Order (No 2) 2025 (2025-112) – published LW 17 March 2025
Administrative Arrangements (Administrative Changes–Miscellaneous) Order (No 2) 2025 (2025-112) – published LW 17 March 2025
Administrative Arrangements (Administrative Changes–SafeWork NSW Agency) Order 2025 (2025-123) –published LW 28 March 2025
Conveyancing (General) Amendment (Telstra Limited) Regulation 2025 (2025-142) – published LW 4 April 2025
Environmental Planning and Assessment Amendment (Bush Fire Protection Mechanisms) Regulation 2025 (2025-143) – published LW 4 April 2025
Residential Tenancies Amendment Regulation 2025 (2025-139) – published LW 2 April 2025
Final Determination [Biodiversity Conservation Act 2016] (2025-162) – published LW 11 April 2025
Industrial Relations Commission Amendment Rules 2025 (2025-159) – published LW 7 April 2025
Environmental Planning Instruments
Cabonne Local Environmental Plan 2012 (Amendment No 10) (2025-93) – published LW 7 March 2025
Hawkesbury Local Environmental Plan 2012 (Map Amendment No 7) (2025-94) – published LW 7 March 2025
Parramatta Local Environmental Plan 2023 (Map Amendment No 7) (2025-95) – published LW 7 March 2025
Tamworth Regional Local Environmental Plan 2010 (Map Amendment No 2) (2025-96) – published LW 7 March 2025
Wollondilly Local Environmental Plan 2011 (Map Amendment No 11) (2025-97) – published LW 7 March 2025
Wollongong Local Environmental Plan 2009 (Amendment No 58) (2025-98) – published LW 7 March 2025
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 14) (2025-102) – published LW 14 March 2025
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 15) (2025-103) – published LW 14 March 2025
Inner West Local Environmental Plan 2022 (Amendment No 11) (2025-104) – published LW 14 March 2025
Lane Cove Local Environmental Plan Amendment (In-fill Affordable Housing) 2025 (2025-105) – published LW 14 March 2025
Nambucca Local Environmental Plan 2010 (Amendment No 34) (2025-106) – published LW 14 March 2025
North Sydney Local Environmental Plan 2013 (Amendment No 41) (2025-107) – published LW 14 March 2025
Orange Local Environmental Plan 2011 (Map Amendment No 10) (2025-108) – published LW 14 March 2025
Richmond Valley Local Environmental Plan 2012 (Map Amendment No 2) (2025-109) – published LW 14 March 2025
Wingecarribee Local Environmental Plan 2010 (Map Amendment No 8) (2025-110) – published LW 14 March 2025
Woollahra Local Environmental Plan 2014 (Amendment No 41) (2025-111) – published LW 14 March 2025
Blacktown Local Environmental Plan 2015 (Amendment No 36) (2025-114) – published LW 21 March 2025
Forbes Local Environmental Plan 2013 (Amendment No 16) (2025-115) – published LW 21 March 2025
Georges River Local Environmental Plan 2021 (Amendment No 10) (2025-116) – published LW 21 March 2025
Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 18) (2025-117) – published LW 21 March 2025
Murray Local Environmental Plan 2011 (Map Amendment No 3) (2025-118) – published LW 21 March 2025
North Sydney Local Environmental Plan 2013 (Map Amendment No 8) (2025-119) – published LW 21 March 2025
Standard Instrument (Local Environmental Plans) Amendment (Richmond Valley) Order 2025 (2025-120) – published LW 21 March 2025
State Environmental Planning Policy Amendment (Richmond Valley Regional Jobs Precinct) 2025 (2025-121) – published LW 21 March 2025
Ballina Local Environmental Plan Amendment (Exempt and Complying Development Codes – Exempt Development Pathway) 2025 (2025-126) – published LW 28 March 2025
Bayside Local Environmental Plan 2021 (Amendment No 8) (2025-127) – published LW 28 March 2025
Bayside Local Environmental Plan 2021 (Amendment No 9) (2025-128) – published LW 28 March 2025
Canada Bay Local Environmental Plan 2013 (Amendment No 30) (2025-129) – published LW 28 March 2025
Lane Cove Local Environmental Plan 2009 (Map Amendment No 2) (2025-130) – published LW 28 March 2025
Maitland Local Environmental Plan 2011 (Amendment No 38) (2025-131) – published LW 28 March 2025
Murray Local Environmental Plan 2011 (Amendment No 18) (2025-132) – published LW 28 March 2025
North Sydney Local Environmental Plan 2013 (Map Amendment No 9) (2025-133) – published LW 28 March 2025
Standard Instrument (Local Environmental Plans) Amendment (Queanbeyan-Palerang) Order 2025 (2025-134) – published LW 28 March 2025
State Environmental Planning Policy Amendment (South Jerrabomberra Regional Jobs Precinct) 2025 (2025-135) – published LW 28 March 2025
Wollondilly Local Environmental Plan 2011 (Map Amendment No 12) (2025-136) – published LW 28 March 2025
Blacktown Local Environmental Plan (Precincts – Central River City) (Map Amendment No 4) (2025-149) – published LW 4 April 2025
Conargo Local Environmental Plan 2013 (Amendment No 2) (2025-150) – published LW 4 April 2025
Hornsby Local Environmental Plan 2013 (Map Amendment No 5) (2025-151) – published LW 4 April 2025
Nambucca Local Environmental Plan 2010 (Map Amendment No 2) (2025-152) – published LW 4 April 2025
Port Stephens Local Environmental Plan 2013 (Amendment No 46) (2025-153) – published LW 4 April 2025
Ryde Local Environmental Plan 2014 (Map Amendment No 5) (2025-154) – published LW 4 April 2025
State Environmental Planning Policy Amendment (Redmond Place Precinct) 2025 (2025-155) – published LW 4 April 2025
State Environmental Planning Policy Amendment (St John’s Cathedral – Northern Site) 2025 (2025-156) – published LW 4 April 2025
Sydney Local Environmental Plan (Planning Systems) (Map Amendment No 1) (2025-157) – published LW 4 April 2025
Warringah Local Environmental Plan Amendment (Temporary Housing) 2025 (2025-158) – published LW 4 April 2025
Bayside Local Environmental Plan 2021 (Amendment No 10) (2025-164) – published LW 11 April 2025
Blacktown Local Environmental Plan (Precincts – Central River City) (Map Amendment No 5) (2025-165) – published LW 11 April 2025
Central Coast Local Environmental Plan 2022 (Map Amendment No 11) (2025-166) – published LW 11 April 2025
Dubbo Regional Local Environmental Plan 2022 (Amendment No 6) (2025-167) – published LW 11 April 2025
Glen Innes Severn Local Environmental Plan 2012 (Map Amendment No 1) (2025-168) – published LW 11 April 2025
Parramatta Local Environmental Plan 2023 (Amendment No 14) (2025-169) – published LW 11 April 2025
State Environmental Planning Policy Amendment (Narrabri Place Strategy) 2025 (2025-170) – published LW 11 April 2025
State Environmental Planning Policy Amendment (WestConnex Dive Site) 2025 (2025-171) – published LW 11 April 2025
Canterbury-Bankstown Local Environmental Plan 2023 (Amendment No 5) (2025-174) – published LW 17 April 2025
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 16) (2025-175) – published LW 17 April 2025
Ku-ring-gai Local Environmental Plan 2015 (Amendment No 38) (2025-176) – published LW 17 April 2025
Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 19) (2025-177) – published LW 17 April 2025
Liverpool Local Environmental Plan (Precincts – Western Parkland City) (Map Amendment No 3) (2025-178) – published LW 17 April 2025
Parramatta Local Environmental Plan 2023 (Map Amendment No 8) (2025-179) – published LW 17 April 2025
Pittwater Local Environmental Plan 2014 (Amendment No 13) (2025-180) – published LW 17 April 2025
Port Macquarie- Hastings Local Environmental Plan 2011 (Map Amendment No 9) (2025-181) – published LW 17 April 2025
Bills introduced – Government
Community Improvement Districts Bill 2025
Bills introduced – Non-Government
Protection of the Environment Operations Amendment (e-Waste) Bill 2025
Bills revised following amendment in Committee
Environmental Planning and Assessment Amendment Bill 2025
Work Health and Safety Amendment (Standalone Regulator) Bill 2025
Bills passed by both Houses of Parliament
Energy Amendment (Pipelines and Gas Safety) Bill 2025
Work Health and Safety Amendment (Standalone Regulator) Bill 2025
Bills assented to
Automatic Mutual Recognition Legislation Amendment Act 2025 No 17 – Assented to 02 April 2025
Work Health and Safety Amendment (Standalone Regulator) Act 2025 No 18 – Assented to 09 April 2025
Energy Amendment (Pipelines and Gas Safety) Act 2025 No 21 – Assented to 09 April 2025
Product Lifecycle Responsibility Act 2025 No 22 – Assented to 09 April 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.
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