12 March 2025
39 min read
#Property, Planning & Development
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On 2 March 2025, the Strata Schemes Legislation Amendment Act 2025 was formally assented to.
The Act, first introduced in November 2024, implements a wide range of reforms to the Strata Schemes Management Act 2015 and its equivalent for community associations, the Community Land Management Act 2021.
These reforms include increasing the obligations and responsibilities on committee members and building managers, improving the process of levy recovery and increasing NSW Fair Trading’s ability to investigate failures to repair and maintain common property.
Of note to owners are the amendments to section 106(6) of the Strata Schemes Management Act 2015, extending the time to make a claim under the section from 2 years to 6 years.
Section 106 provides an owner with a cause of action, where the owner suffers losses arising from an owners corporation’s failure to comply with its strict duty to repair and maintain the common property. Under this section, an owner can typically seek orders for repair and maintenance to be carried out and to claim loss of rent and replacement of damaged goods.
Extending the time to make a section 106 claim to 6 years, in conjunction with the amendments vastly expanding NSW Fair Trading’s powers to investigate and issue penalties for an owners corporation’s failure to maintain the common property, well be a welcome change for owners, ensuring that they are not left at the mercy of an intransigent owners corporation.
The changes to section 106 and the insertion of Part 10A (relating to the new NSW Fair Trading powers) are yet to come into force.
Click here for a copy of the Act.
In our previous article, we discussed the reforms introduced by the Strata Managing Agents Legislation Amendment Act 2024 No 65 (SMALA Act).
The SMALA Act was aimed at increasing scrutiny on the strata management sector, in answer to concerns that strata management companies were receiving undisclosed commissions and charging excessive fees to their clients.
On 8 November 2024, a number of the schedules to the Act commenced.
As of 3 February 2025, the remainder of the provisions in the Act have also commenced. This second suite of changes implements the bulk of the new disclosure requirements regarding commissions and training received by strata managing agents.
Authors: Christine Jones and Brandon Thai
Apartments and terraces to be built around 171 NSW transport hubs under new low and mid-rise housing reforms
The NSW government says a new low and mid-rise housing policy is expected to unlock 112,000 new homes over the next five years. Planning rules across the state will be changed to allow dual-occupancies, terraces, townhouses, and residential flats within an 800-metre radius of 171 town centres and stations. The policy aims to tackle housing affordability by filling the gap between high-rise apartments and suburban sprawl (21 February 2025). Read more here.
New ‘Missing Middle’ Housing Policy a missed opportunity
The peak body for local government in NSW has responded to today’s roll-out of the State Government’s low and mid-rise housing policy, warning the “one-size-fits-all" approach fails to address community infrastructure needs and is a missed opportunity to provide urgently needed affordable housing, particularly for essential workers in key locations (21 February 2025). Read more here.
New expert taskforce to help address silica related health risks for workers in tunnelling projects
The Taskforce, made up of government, medical, industry and union representatives, will provide expert guidance to prevent and manage silica and other dust related disease associated with tunnelling projects in NSW. Four broad areas of action have been identified to help focus and guide the work of the Taskforce including, better use of data with more transparent access, improved health monitoring, best practice Work Health and Safety controls, and enhanced compliance (3 March 2025). Read more here.
NSW Rental Taskforce to tackle fairness in rental market
With an $8.4 million investment, NSW Fair Trading’s Rental Taskforce will analyse activities and trends within the rental market and conduct compliance activities such as inspections, audits, and blitzes to prevent and act on breaches of the law. The Rental Taskforce will focus on ending solicited rent bidding, implementing renting reforms to prevent no grounds evictions and ensuring improved responses to repairs and maintenance in the rental market (7 February 2025). Read more here.
Several hundred evacuated with partial wall collapse – Fairfield
Fire and Rescue NSW (FRNSW) is currently on scene monitoring a partial wall collapse in Fairfield, prompting the evacuation of hundreds of residents from a high-rise residential building and children from a neighbouring primary school. FRNSW specialists including Urban Search and Rescue (USAR) teams, who are experts in collapse and structural assessment, and Remotely Piloted Aircraft Systems (RPAS) drone operators are on scene assisting with operations (14 February 2025). Read more here.
Transparency at the heart of strata reforms
Under the new laws, strata managers must, disclose any connections with suppliers and developers, provide detailed breakdowns of insurance quotes, and report in real time if any new connections or interests arise during their appointment. Additionally, strata managers must now provide enhanced annual reports to owners corporations which detail any supplier and developer connections. NSW Fair Trading will be enforcing these new obligations, with strata managers required to understand and comply with the new requirements (11 February 2025). Read more here.
50,000 first home buyers in dream home under Minns Government stamp duty leg-up as support passes $1 billion
The First Home Buyers Assistance Scheme provides a full exemption from stamp duty for eligible buyers purchasing up to $800,000, and a concession for purchases between $800,000 and $1 million. This means first home buyers can save up to $30,529 in stamp duty (12 February 2025). Read more here.
NSW’s tallest commercial all-timber building approved for development
A 13-storey high-rise approved for development in Sydney’s CBD is slated to become the tallest commercial mass timber building in New South Wales. The structure needed to be lightweight as the site is located above subterranean railway tunnels. Tzannes’s, property developer for NGI Investments, approach for addressing has involved transferring the load from the building’s western side to a central core using a hybrid concrete and steel structure (10 February 2025). Read more here.
Aussie building company Clarke Homes goes into administration
Clarke Homes owes in excess of $3.1m to more than 100 creditors and documents reveal the company owe employees wages and superannuation. “Homeowners with defects will need to engage another builder to complete rectification work. They will then be able to claim as an unsecured creditor in the administration” says SV Partner appointed administrators (10 February 2025). Read more here.
Construction company slapped with hefty fines after dumping asbestos
The NSW Environment Protection Authority (EPA) launched an investigation in February 2023 after officers discovered asbestos in the waste material at a property in Canyonleigh in the Southern Highlands. It then launched its prosecution of He Co Pty Ltd, formerly Hemisphere Construction Pty Ltd, and its director George Khouzame, accusing Mr Khouzame of providing false information about the dumping of asbestos. The construction company and Mr Khouzame were each slapped with $100,000 fines, a further $25,000 to the EPA and ordered to comply with the original statutory notice and a publication order (13 February 2025). Read more here.
SafeWork NSW launches investigation into Burwood building collapse
SafeWork NSW has initiated an investigation into a partial building collapse that occurred on 22 January 2025 at a demolition site in Burwood, Sydney. The incident, which took place around midday at 52-56 Railway Parade, involved the collapse of a section of a multi-storey commercial property and affected scaffolding. Strong winds contributed to the instability of the structure, prompting concerns about further collapse and necessitating the involvement of emergency services (28 January 2025). Read more here.
NSW Government Releases Industrial Lands Action Plan
The Minns Labor Government has released its Industrial Lands Action Plan which sets out a new approach to plan, secure, and manage the supply of industrial lands to deliver new jobs, drive investment and support the building of more homes. The action plan is focused on opening up more land zoned for industrial or similar purposes, such as depots, distribution centres, factories and warehouses (24 January 2025). Read more here.
NSW launches construction wellbeing campaign
The New South Wales Government has announced a new campaign across the state’s construction sites to improve psychological health and safety at work. Known as the ‘Healthy Minds, Safer Sites’ campaign, inspectors are providing advice and resources to manage psychosocial hazards. The initiative forms part of the New South Wales Government’s Psychological Health and Safety Strategy 2024-2026 plan which is backed by $5.6 million over the next two years to deliver workplace mental health programs (24 December 2024). Read more here.
New Year, New Rules: Government Sides with Developers over Local Voices
Today's confirmation of eligibility criteria for the State Government’s new Housing Delivery Authority (HDA) has generously presented developers with the freedom to exceed development standards by up to 20 per cent, giving greater opportunities for profit-driven land banking, and no mandated requirement to meaningfully provide affordable housing. Local Government NSW (LGNSW) – the peak body for NSW councils – says the HDA will further weaken the role of community-led strategic planning while doing nothing to address real barriers to housing delivery such as land banking, skills and labour shortages and soaring costs of materials and labour (20 December 2024). Read more here.
Off the plan contract laws under review to provide greater certainty to buyers
Developers could face financial penalties for failing to deliver homes and unfairly profiting off buyers under reforms being considered by the NSW Government. The reforms are being designed to help increase housing supply by providing greater certainty and clearer deadlines for home buyers and to free up land for development faster by removing outdated restrictions on development sites (31 January 2025). Read more here.
Tradie nightmare exposed as Australia faces horror shortage: 'Very concerning'
Australia had 27,000 fewer tradies last year than in 2023 and the alarming revelation has prompted major warnings from industry experts. The federal government's ambitious goal of building 1.2 million homes over a five-year period could be in serious doubt if construction sites aren't able to bring in the next generation of tradespeople (7 January 2025). Read more here.
Helping Save Lives: Minns Labor Government welcomes Engineered Stone importation ban
The Minns Labor government has welcomed the ban on the importation of engineered stone products from 1 January 2025, to protect the future health and safety of workers. The national import ban covers engineered stone benchtops, slabs and panels with silica content of more than one percent. This prohibits the manufacture, supply, processing and installation of engineered stone benchtops, panels and slabs containing at least 1% silica (1 January 2025). Read more here.
Builders urge caution on fee-free TAFE legislation
Amid discussions surrounding the Free TAFE Bill 2024, a Master Builders Australia has issued a warning about the potential risks of hastily implementing such legislation without sufficient evidence of its effectiveness. “The proposed bill is anti-competitive and creates a market distortion and should not be committed to legislation,” Denita Wawn, CEO of Master Builders Australia, said, emphasizing the need for a more inclusive approach that considers the contributions of various educational bodies (18 January 2025). Read more here.
Support for $10,000 apprentice incentive payments
We welcome the Albanese Labor Government’s $10,000 incentive payment for apprentices in the construction and clean energy sectors and its focus on apprentice retention. NSW leads the nation in apprenticeship and traineeship participation, accounting for nearly 30% of Australia’s total, with more than 103,000 apprentices and trainees in training (24 January 2025). Read more here.
Commercial List and Technology and Construction List SC EQ 03
On 26 February 2025, the Chief Justice reissued Practice Note SC EQ 03 – Commercial List and Technology and Construction List, with a commencement date of 3 March 2025. The revised Practice Note includes additions of paragraphs outlining appropriate communication with the Court, requirements should a motion settle and assert a mandatory motion when leave is sought to use generative artificial intelligence to prepare certain document (26 February 2025). Access the Practice Note here.
Supreme Court Practice Note SC Gen 23 – Use of Generative Artificial Intelligence (Gen AI)
Generative AI (Gen AI) is a form of artificial intelligence that is capable of creating new content, including text, images or sounds, based on patterns and data acquired from a body of training material. This Practice Note is directed to the circumstances where such use is acceptable and commences on 3 February 2025 (28 January 2025). Access the Practice Note here.
Building Commission NSW launches industry research panel
Building Commission NSW is inviting tradespeople and construction professionals to join its new Building Industry Research Panel. Members will have the chance to: share their experiences and perspectives on sector-related topics; participate in research activities, such as surveys, interviews and focus groups; and help shape the future of home building and construction projects in NSW (20 February 2025). Join the research panel or read more here.
Property pirates: how lawyers can protect their clients from title scams
Property title theft is not common, but it is devastating for homeowners and home buyers when they are the victims of a scam. Property title theft can be safeguarded against via verification of the identity of the person claiming to be the owner of the property, working with an experienced property lawyer, and checking the property certificate, which is a title search from the NSW Land Registry Services (LRS) (16 January 2025). Read more here.
WMTS:040-2024 | Public Comment Draft Round 1
This Technical Specification sets out requirements for metallic and plastic-bodied waste pipe outlets and gratings, separate or integral, for sanitary plumbing applications. In resolving the previous public comments for draft WMTS-040-2023-Round 1, several technical changes were identified as requiring redrafting. Evidence provided to the ABCB identified that aluminium is incompatible with water of a pH greater than 8.5. Waters received from tile glue and other cementitious products produce waters with a pH range of between 10 and 13. This standard pH is beyond the safety limit of 8.5. The consultation period will be open until 5 March 2025 and feedback can be can provided here.
Have your say – Solar Emergency Backstop Mechanism
The NSW Government aims to create an emergency backstop mechanism for solar energy across the state, supported by a government-led installer portal. The NSW Consumer Energy Strategy aims to restrict solar exports during emergencies to prevent blackouts and improve reliability and introduce a digital system to monitor and ensure compliance with energy standards. The Department of Climate Change, Energy, the Environment and Water are seeking feedback until 7 March 2025. Access the Consultation Paper and read more here.
Have your say – Off the plan contracts and covenants laws under review
Buying a home ‘off the plan’ allows home buyers to commit to purchasing a property before it is built and can help people get into the property market. It also helps developers to finance the new residential building project. The NSW Government is proposing reforms to build greater confidence in the housing market by preventing developers from delaying off the plan settlement dates and providing home buyers with more certainty. Consultation period is open until 7 March 2025. Access the Discussion Paper and read more here.
Construction Work Done, Australia, Preliminary
The Australian Bureau of Statistics provided preliminary estimates of value of total construction work done, building work done and engineering construction work done. In seasonally adjusted terms in the December quarter, total construction work done rose 0.5% to $73,936.9m, building work done fell 0.7% to $38,297.9m and engineering work done rose 1.8% to $35,639.0m. Overall, the trend estimates for total construction work done rose 1.2% (26 February 2025). Read more here.
Unlocking the missing middle in housing
The Housing Industry Association published a submission recommending a “gentle density” approach to urban planning to all levels of government. Gentle density is a policy approach that seeks to balance the concerns of residents and demands of the housing market by accommodating gentle density increases in a context-sensitive manner. It means building more townhouses, micro-lot houses and triplexes in existing populated areas to accommodate a region’s growing population (27 February 2025). Read more here.
Engineering Construction Activity, Australia
In the September quarter, seasonally adjusted work done increased by 3.3%. The private sector saw a seasonally adjusted rise of 1.4% in work done. Additionally, the value of work commenced grew by 13.6% in original terms, while trend work done experienced a 1.1% increase (15 January 2025). Read more here.
Building Approvals, Australia
The Australian Bureau of Statistics published the number of dwelling units and value of building approved. In December 2024, the seasonally adjusted estimate revealed that total dwelling approvals increased by 0.7%, rising to 15,174. Approvals for private sector houses dropped by 3.0%, to 8,715, while approvals for private sector dwellings excluding houses rose by 15.2%, reaching 6,209. The value of total residential building decreased by 0.9%, to $8.33 billion and the value of non-residential building increased by 9.7%, rising to $6.62 billion (10 February 2025). Read more here.
Building Activity, Australia
In seasonally adjusted terms, estimates show that the total number of dwelling units commenced increased by 4.6%, reaching 43,247 dwellings. New private sector house commencements rose by 5.2%, totaling 27,651 dwellings, while new private sector other residential commencements grew by 3.8% to 14,677 dwellings. Overall, the value of total building work done rose by 0.3%, amounting to $38.5 billion (22 January 2025). Read more here.
2025-2026 Pre-Budget Submission – Let’s Build
HIA’s 2025-2026 Federal Pre-Budget Submission includes a comprehensive suite of measures to support the industry substantially boost the supply of housing, address the significant skills shortages hampering the industry, removing barriers to the supply of housing and establishing financial settings that encourage home ownership (31 January 2025). Access the Submission here.
Consultation on the impacts proposed WEL for silica
HIA provided a submission to Safe Work Australia (SWA) in response to the consultation on the impacts of the proposed introduction of a new workplace exposure limit (WEL) for respirable crystalline silica (RCS). HIA considers that reducing the potential for RCS exposures using the current mandatory high level control methods for processing of crystalline silica substances (CSS) and for high-risk CSS, such as effective isolation and engineering controls, and following WHS regulator guidance, is more effective to appropriately respond to the risks and ensure workers are protected without the need to adopt the proposed lower RCS WEL (15 December 2024). Access the Consultation Paper here.
Response to the Inquiry into the Free TAFE Bill 2024
HIA supports the Government’s efforts to improve the VET system and promote careers for which VET provides the training pathway. A well-functioning VET system is vital for equipping Australians with the skills needed to thrive in a rapidly evolving economy. However, HIA has concerns regarding several aspects of the proposed legislation for the Fee-free TAFE program as outlined in the Free TAFE Bill 2024 (15 January 2025). Access the Submission here.
Review of the WHS Regulation
SafeWork NSW has started a review of the Work Health and Safety Regulation 2017 (the Regulation) and is seeking feedback from interested parties until 1 March 2025. The Regulation sets out detailed rules and requirements to support the implementation of the Work Health and Safety Act 2011 and the review provides the NSW Government to modernise, improve and streamline processes to strengthen safety standards in workplaces across the State. Access the Discussion Paper and read more here.
The Owners-Strata Plan 934 v T&P Chimes Development Pty Ltd [2025] NSWLEC 9
LAND LAW – strata title – strata plan – proposed variations to strata renewal plan for redevelopment – whether proposed variation is of a minor nature that does not affect the plan in any substantial way – s 182 of the Strata Schemes Development Act 2015 (NSW) – whether proposed variation to the proposed sale price of a lot is “just and equitable in all the circumstances” – cl 36 of the Strata Schemes Development Regulation 2016 (NSW).
Corporations Act 2001 (Cth) s 461; Land Acquisition (Just Terms Compensation) Act 1991 (NSW); Land and Environment Court Act 1979 (NSW) s 19; Strata Schemes Development Act 2015 (NSW) ss 154, 170, 174, 177, 179, 182, 185; Strata Schemes Management Act 2015 (NSW); Strata Schemes Development Bill 2015 (NSW); Strata Schemes Development Regulation 2016 (NSW) cl 36; Uniform Civil Procedure Rules 2005 (NSW) r 6.29.
Dowling v Secretary, Department of Customer Service [2024] NSWCATOD 205
ADMINISTRATIVE LAW – administrative review – Home Building – plumbing work – cancellation of contractor licence – disciplinary action.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Home Building Act 1989; Plumbing and Drainage Act 2011.
NSW Self Insurance Corporation v CN1 Pty Limited [2025] NSWCATAP 27
APPEALS – appeal on question of law – scope of question of law – statutory construction.
HOME BUILDING – meaning of developer – meaning of residential development – s 3A of the Home Building Act 1989 – owner claimed under statutory warrants in insurance policy.
Civil and Administrative Tribunal Act 2013 (NSW), ss 80,81; Civil and Administrative Tribunal Rules 2014 (NSW); Environment Planning and Assessment Act 1979 (NSW), ss 4, 74BA, 74C, 74D, 94; Home Building Act 1989 (NSW), ss 3A, 18B, 18BA, 18C, 18D, 188, Sch 1 cl 3; Home Building Amendment Bill 2011 (NSW); Interpretation Act 1987 (NSW), s 33, 34.
York & Edwards v The Owners – Strata Plan No 675 (No 2) [2024] NSWSC 1648
LAND LAW – strata title – where plaintiffs own two lots in large strata plan – where NSW Civil and Administrative Tribunal made order for reallocation of unit entitlements pursuant to s 236 of Strata Schemes Management Act 2015 (NSW) – where effect of reallocation is significantly to increase strata levies payable on plaintiffs’ lots – where internal appeal to Appeal Panel dismissed – where plaintiffs now seek leave to appeal under s 83 of Civil and Administrative Tribunal Act 2013 (NSW) – whether summons identifies questions of law – whether Appeal Panel misconstrued s 236 of Strata Schemes Management Act – whether exercise of discretion to make reallocation order miscarried – whether decision legally unreasonable – whether plaintiffs’ arguments misstated or not addressed – whether Appeal Panel erred in not finding that Tribunal failed to afford procedural fairness by not informing plaintiffs, as litigants-in-person, of need to lead certain valuation evidence.
Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 80, 83; Sch 4, cl 12; Conveyancing (Strata Titles) Act 1961 (NSW), s 18; Strata Schemes Development Act 2015 (NSW), s 192; Sch 2, cl 2; Strata Schemes (Freehold Development) Act 1973 (NSW); Strata Schemes Management Act 1996 (NSW), s 183; Strata Schemes Management Act 2015 (NSW), ss 10, 77, 81, 83, 87, 236.
Amirbeaggi v NSW Self Insurance Corporation [2025] NSWDC 10
Australian Consumer Law; Australian Securities & Investments Commission Act 2001 (Cth); Civil Procedure Act 2005 (NSW); Competition & Consumer Act 2010 (Cth); Corporations Act 2001 (Cth); Court Procedure Rules 2006 (ACT); Fair Trading Act 1987 (NSW); Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW); Insurance Contracts Act 1984 (Cth); NSW Self Insurance Corporation Act 2004 (NSW); Partnership Act 1892 (NSW); Uniform Civil Procedure Rules 2005 (NSW).
Plesko v Murphy [2024] NSWCATAP 266
LEASES AND TENANCIES – damages to premises by water flow – landlords’ compensation claim – tenants’ rent reduction claim – failure to afford procedural fairness – decision not fair or equitable – decision against the weight of evidence – significant new evidence not reasonably available at time of hearing.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Residential Tenancies Act 2010 (NSW).
Breen v Clough [2024] NSWCA 316
REAL PROPERTY – easements – construction of the definition of the statutory terms of an easement for services – where applicant had installed a CCTV camera to monitor passageway outside storage area – where CCTV cables traversed benefited lot – whether on proper construction of statutory terms of easement the CCTV camera was a “domestic service” “to or from” the benefited lot – Whether necessary that service provided by a third party provider – appeal allowed.
Conveyancing Act 1919 (NSW), ss 88B, Sch 8, Pt 11; Property Legislation (Easements) Bill 1995 (NSW); Uniform Civil Procedures Rules 2005 (NSW), r 28.2.
Yu v Hawat [2025] NSWCATAP 20
LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – reduction in rent by reason of the reduction or withdrawal by the landlord of goods, services or facilities provided with the premises – liability of tenant for blockage to kitchen sink due to accumulation of fat and oil – no error in conclusion that landlord had not proved that the tenant was responsible.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Residential Tenancies Act 2010 (NSW).
Yeh v Bazdaric Homes Pty Ltd; Bazdaric Homes Pty Ltd v Yeh [2025] NSWCATAP 17
Appeal – building and construction dispute – assessment of damages due following breach by builder to comply with its contractual obligations – whether the homeowners had proven loss – whether the builder had displaced the “ruling principle” by evidence that the homeowners had failed to mitigate or had acted in breach of the principles described in Bellgrove v Eldridge.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW); Power of Attorney Act 2003 (NSW).
Casey v Retford [2025] NSWDC 1
BUILDING AND CONSTRUCTION – contract – damages – defects – Incomplete work – restitution.
District Court Act 1973; Home Building Act 1989; Home Building Regulation 2014.
Fong v Secretary, Department of Customer Service [2025] NSWCATOD 3
ADMINISTRATIVE LAW – home building – administrative review of refusal of application for individual contractor licence – effect of requirements imposed by notice under s 20(2) of Home Building Act 1989 (NSW) – experience obtained while employee – meaning of “employee”.
Administrative Decisions Review Act 1997 (NSW); Better Regulation Legislation Amendment (Miscellaneous) Act 2024 (NSW); Building Legislation Amendment Act 2021 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW); Licensing and Registration (Uniform Procedures) Act 2002 (NSW); New South Wales Government Gazette, No 469, 29 November 2024 [NSWGG-2024-469-3]; New South Wales Government Gazette, No 596, 23 December 2022 [n2022-2574].
JJ Built This Pty Ltd v Secretary, Department of Customer Service [2025] NSWCATAP 5
APPEALS – procedural orders prior to determination of the substantive proceedings – interlocutory decisions – leave to appeal not granted – appeals dismissed – Award of Costs.
Civil and Administrative Tribunal Act 2013 (NSW) ss 4, 5, 36, 55, 80, Sch4, cl 12; Civil Procedure Act 2005 (NSW), s 56; Home Building Act 1989 (NSW), ss 48D, 48E, 48O.
Colman v The Owners – Strata Plan 61131 [2025] NSWSC 63
LAND LAW – strata title – construction of poorly drafted by-law – heading of by-law at least part of context in which terms to be construed whether or not part of by-law and whether or not by-law regarded legislative in character – By-law in question does not encompass approval of relevant works – By-law could not authorise strata committee to approve works that are not minor renovations.
LAND LAW – strata title – no reason why special resolution referred to in s 108(2) authorising change to common property cannot take form of special resolution passing a by-law – possible challenge of failure to pass such by-law under s 149 does not preclude application under s 126(2) – tribunal has no power to make order under s 126(2) of the Strata Schemes Management Act 2015 (NSW) to retrospectively approve owner’s work on common property unless consent for work has been sought from owners corporation – refusal of consent may be constructive.
LAND LAW – strata title – powers and obligations of owners corporation – owners corporation may undertake repairs to common property without need for resolution at general meeting – owners corporation may give approval to work already done on common property – Insofar as damages or compensation can be claimed under s 106(5) or other provisions for work by lot owner to repair common property then they cannot be claimed for works not approved in required manner by owners corporation or Tribunal.
Civil and Administrative Tribunal Act 2013 (NSW), ss 80(2)(b), 83; Strata Schemes Management Act 1996 (NSW), s 62; Strata Schemes Management Act 2015 (NSW), ss 3(b), 5, 9, 19, 36(3), Pt 6, 141, 149, Pt 12, Sch 1 cll 4 and 14.
The Owners – Strata Plan No 87639 v Karimbla Properties (No4) Pty Ltd [2025] NSWSC 58
CIVIL PROCEDURE – pleadings – amendment – late application for amendment – where plaintiff served evidence-in-chief concerning alleged defects based on inspection of some of likely affected units – where plaintiff adduced evidence that such defects likely to be systemic – where lengthy settlement negotiations followed but were not successful – where plaintiff, with consent of defendant, served extensive further evidence – whether plaintiff should have leave to amend its List Statement to reflect that evidence – whether adequate explanation for delay.
LIMITATION OF ACTIONS – where pleadings to be amended to incorporate further allegations of defect and causes of action – where amendments arise out of same or similar facts – whether Court should order that amendments take effect only from the date of application to amend.
Civil Procedure Act 2005 (NSW); Design and Building Practitioners Act 2020 (NSW); Environmental Planning and Assessment Act 1979 (NSW); Home Building Act 1989 (NSW).
Ultimo Developments Pty Ltd v Wilson [2025] NSWCATAP 40
BULIDING AND CONSTRUCTION – appeals on a question of law – whether the Tribunal erred in law in finding that the floorboards were installed without due care and skill by proceeding as if the content of the obligation of due care and skill was determined by the content of an installation guide for the floorboards – whether Tribunal erred in finding that builder’s expert made a concession at the Tribunal hearing.
Home Building Act 1989 (NSW), ss 18, 18B ,18F; Civil and Administrative Tribunal Act 2013 (NSW) ss 50, 80; cl 12 of Sch 4.
The Owners – Strata Plan No 87639 v Karimbla Properties (No4) Pty Ltd (No 2) [2025] NSWSC 107
COSTS – security for costs – relevant factors – where application made by defendant builder that plaintiff owners corporation provide security – whether reason to believe owners corporation could not meet adverse costs order – whether security should be ordered as a matter of discretion – where defendant builder contended that plaintiff owners corporation’s financial records were inaccurate as not having made provision for repair of defects necessary to ensure safety – whether implicit in that contention that such defects in fact exist.
COSTS – security for costs – owners corporation – factors relevant to determination of whether there is reason to believe an owners corporation could not meet an adverse costs order.
CORPORATIONS – corporate character – nature of an owners corporation – difference between owners corporation and ordinary corporations.
Australian Securities and Investments Act 2001 (Cth); Corporations Act 2001 (Cth); Home Building Act 1989 (NSW); Strata Schemes Management Act 2015 (NSW); Uniform Civil Procedure Rules 2005 (NSW).
The Owners – Strata Plan 87003 v Raysons Constructions Pty Ltd [2025] NSWSC 66
APPEAL – question of law – Civil and Administrative Tribunal – proceedings for breach of statutory warranties implied by Home Building Act 1989 (NSW) in residential building work – six year warranty period – Owners Corporation commenced proceedings four months after expiry of six year period – whether proceeding commenced in time – Senior Member found Owners Corporation commenced within further six month period authorised by s 18E(1)(e) because breaches only became apparent in last six months of warranty period – internal appeal – Appeal Panel overturned findings of fact and found proceedings not commenced in time – whether inconsistency on the face of Senior Member’s reasons was a slip – whether Appeal Panel’s construction of reasons involved error of law.
BUILDING AND CONSTRUCTION – residential building work – Home Building Act 1989 (NSW), s 18E – construction of provision authorising commencement of proceedings in six months after expiry of six year warranty period – whether plaintiff bears onus of establishing facts so as to fall within s 18E(1)(e) – nature of awareness needed to be established in order to fall within section – significance of commencement of proceedings being jurisdictional.
Building Products (Safety) Act 2017 (NSW); Building Services Corporation Act 1989 (NSW); Building Services Corporation Legislation Amendment Act 1996 (NSW); Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 83; Corporations Act 2001 (Cth), s 440D; Design and Building Practitioners Act 2020 (NSW); Home Building Act 1989 (NSW), ss 18B, 18BA, 18C, 18D, 18E, 48K, 48MA, 48O, ss 103BA, 103BB; Home Building Amendment Act 2008 (NSW); Home Building Amendment Act 2011 (NSW); Home Building Amendment Act 2014 (NSW); Home Building Amendment (Statutory Warranties) Act 2006 (NSW); Limitation Act 1969 (NSW), ss 60F, 60I; Strata Schemes Management Act 1996 (NSW), s 80D; Strata Schemes Management Act 2015 (NSW), s 103; Supreme Court Act 1970 (NSW), s 31; Uniform Civil Procedure Rules 2005 (NSW), r 36.16.
The Owners – Strata Plan 82089 v Omaya Holdings Pty Ltd (No 4) [2025] NSWSC 111
COSTS – party/party – general rule that costs follow event – multiple discrete issues – whether decision on costs should be deferred pending reference of remaining issues.
COSTS – party/party – bases of quantification – indemnity basis – where offer of compromise made before hearing – defendants entitled to indemnity costs thereafter.
Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW).
Goel v Limitless Plumbing and Drainage Pty Ltd [2025] NSWCATAP 43
PRACTICE AND PROCEDURE – Civil and Administrative Tribunal – Civil and Administrative Tribunal Regulation 2022 cl 9 – extension of time to file application to set aside decision made in the absence of a party.
Civil and Administrative Tribunal Act 2013 (NSW) s 41; Civil and Administrative Tribunal Regulation 2022 (NSW) cl 9; Civil and Administrative Tribunal Rules 2014 (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.
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).
Proclamations commencing Acts
Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Act 2024 No 12 (2024-623) – published LW 13 December 2024
Residential Tenancies Amendment Act 2024 No 75 (2024-624) – published LW 13 December 2024
Bills introduced by Government
Industrial Relations Amendment Bill 2025
Bills revised following amendment in Committee
Strata Schemes Legislation Amendment Bill 2025
Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2025
Bills passed by both Houses of Parliament
Industrial Relations Amendment Bill 2025
Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2025
Strata Schemes Legislation Amendment Bill 2025
Bills assented to
Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025 No 1 – assented to 02 March 2025
Strata Schemes Legislation Amendment Act 2025 No 14 – assented to 02 March 2025
Justice Legislation Amendment (Miscellaneous) Act 2025 No 15 – assented to 02 March 2025
Housing Amendment Act 2025 No 2 – assented to 02 March 2025
Regulations and other miscellaneous instruments
Electricity Infrastructure Investment Amendment (Functions) Regulation 2024 (2024-626) – published LW 13 December 2024
Electricity Infrastructure Investment Amendment Regulation 2024 (2024-627) – published LW 13 December 2024
Electricity Supply (General) Amendment (Renewable Fuel Scheme) Regulation 2024 (2024-628) – published LW 13 December 2024
Environmental Planning and Assessment Amendment (Development Levies) Regulation (No 2) 2024 (2024-629) – published LW 13 December 2024
Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Regulation 2024 (2024-630) – published LW 13 December 2024
Environmental Planning and Assessment Amendment (Temporary Housing) Regulation 2024 (2024-631) – published LW 13 December 2024
Final Determination [Biodiversity Conservation Act 2016] (2024-632) – published LW 13 December 2024
Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Amendment Regulation 2024 (2024-635) – published LW 13 December 2024
Work Health and Safety (Mines and Petroleum Sites) Amendment Regulation 2024 (2024-642) – published LW 13 December 2024
Environmental Planning and Assessment (Housing Delivery Authority) Order 2024 (2024-661) – published LW 19 December 2024
Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources Amendment Order 2024 (2024-660) – published LW 18 December 2024
Determination [Biodiversity Conservation Act 2016] (2025-5) – published LW 17 January 2025
Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment Regulation 2025 (2025-17) – published LW 31 January 2025
Water Management (General) Amendment (Specific Purpose Access Licences) Regulation 2025 (2025-29) – published LW 7 February 2025
National Regulatory System for Community Housing Tier Guidelines (2025-35) – published LW 10 February 2025
Water Management (General) Amendment (Floodplain Harvesting Access Licences) Regulation 2025 (2025-38) – published LW 14 February 2025
Electricity Infrastructure Investment Amendment (Miscellaneous) Regulation 2025 (2025-44) – published LW 21 February 2025
Fair Trading Amendment Regulation 2025 (2025-43) – published LW 19 February 2025
Environmental Planning Instruments
Campbelltown Local Environmental Plan 2015 (Map Amendment No 12) (2024-643) – published LW 13 December 2024
Campbelltown Local Environmental Plan 2015 (Map Amendment No 14) (2024-644) – published LW 13 December 2024
Cessnock Local Environmental Plan 2011 (Map Amendment No 13) (2024-645) – published LW 13 December 2024
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 11) (2024-646) – published LW 13 December 2024
Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 11) (2024-647) – published LW 13 December 2024
Gunnedah Local Environmental Plan 2012 (Map Amendment No 4) (2024-648) – published LW 13 December 2024
Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 16) (2024-649) – published LW 13 December 2024
Parramatta Local Environmental Plan 2023 (Map Amendment No 6) (2024-650) – published LW 13 December 2024
State Environmental Planning Policy (Housing) Amendment (Construction Workers Accommodation) 2024 (2024-651) – published LW 13 December 2024
State Environmental Planning Policy (Housing) Amendment (Temporary Housing) 2024 (2024-652) – published LW 13 December 2024
State Environmental Planning Policy (Planning Systems) Amendment (State Significant Development) 2024 (2024-653) – published LW 13 December 2024
State Environmental Planning Policy (Transport and Infrastructure) Amendment (No 3) 2024 (2024-654) – published LW 13 December 2024
Sydney Local Environmental Plan 2012 (Amendment No 106) (2024-657) – published LW 13 December 2024
Tweed Local Environmental Plan 2014 (Amendment No 41) (2024-655) – published LW 13 December 2024
Wollongong Local Environmental Plan 2009 (Amendment No 56) (2024-656) – published LW 13 December 2024
Camden Local Environmental Plan Amendment (Exempt and Complying Development Codes) 2024 (2024-659) – published LW 16 December 2024
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Places of Public Worship) 2024 (2024-662) – published LW 20 December 2024
Bland Local Environmental Plan 2011 (Amendment No 3) (2025-1) – published LW 10 January 2025
Inner West Local Environmental Plan (Housing) (Map Amendment No 1) (2025-2) – published LW 10 January 2025
Lane Cove Local Environmental Plan Amendment (Planning Systems) 2024 (2025-3) – published LW 10 January 2025
Liverpool Local Environmental Plan 2008 (Map Amendment No 9) (2025-4) – published LW 10 January 2025
Lachlan Local Environmental Plan 2013 (Map Amendment No 2) (2025-6) – published LW 17 January 2025
Greater Hume Local Environmental Plan 2012 (Map Amendment No 1) (2025-11) – published LW 24 January 2025
Mid-Western Regional Local Environmental Plan 2012 (Map Amendment No 13) (2025-12) – published LW 24 January 2025
Wagga Wagga Local Environmental Plan Amendment (Complying Development) 2025 (2025-13) – published LW 24 January 2025
Wollongong Local Environmental Plan 2009 (Map Amendment No 7) (2025-14) – published LW 24 January 2025
Berrigan Local Environmental Plan 2013 (Map Amendment No 1) (2025-20) – published LW 31 January 2025
Byron Local Environmental Plan (Housing) (Map Amendment No 1) (2025-21) – published LW 31 January 2025
Campbelltown Local Environmental Plan 2015 (Amendment No 40) (2025-22) – published LW 31 January 2025
Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 17) (2025-23) – published LW 31 January 2025
Orange Local Environmental Plan 2011 (Map Amendment No 9) (2025-24) – published LW 31 January 2025
Sydney Local Environmental Plan Amendment (State Significant Development) 2025 (2025-25) – published LW 31 January 2025
Temora Local Environmental Plan 2010 (Map Amendment No 3) (2025-26) – published LW 31 January 2025
Central Coast Local Environmental Plan (Housing) (Map Amendment No 2) (2025-30) – published LW 7 February 2025
Cessnock Local Environmental Plan 2011 (Map Amendment No 14) (2025-31) – published LW 7 February 2025
Forbes Local Environmental Plan 2013 (Map Amendment No 1) (2025-32) – published LW 7 February 2025
Inner West Local Environmental Plan (Housing) (Map Amendment No 2) (2025-33) – published LW 7 February 2025
Snowy River Local Environmental Plan 2013 (Map Amendment No 2) (2025-34) – published LW 7 February 2025
Byron Local Environmental Plan 2014 (Amendment No 46) (2025-39) – published LW 14 February 2025
Cumberland Local Environmental Plan 2021 (Amendment No 8) (2025-40) – published LW 14 February 2025
Greater Hume Local Environmental Plan 2012 (Amendment No 10) (2025-41) – published LW 14 February 2025
State Environmental Planning Policy (Housing) Amendment (Local Bonuses) 2025 (2025-42) – published LW 14 February 2025
Cabonne Local Environmental Plan 2012 (Amendment No 11) (2025-46) – published LW 21 February 2025
Canada Bay Local Environmental Plan 2013 (Map Amendment No 7) (2025-47) – published LW 21 February 2025
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 13) (2025-48) – published LW 21 February 2025
Hunters Hill Local Environmental Plan 2012 (Map Amendment No 2) (2025-49) – published LW 21 February 2025
Penrith Local Environmental Plan (Industry and Employment) (Map Amendment No 5) (2025-50) – published LW 21 February 2025
Sutherland Shire Local Environmental Plan 2015 (Map Amendment No 5) (2025-51) – published LW 21 February 2025
Wentworth Local Environmental Plan 2011 (Amendment No 23) (2025-52) – published LW 21 February 2025
Wingecarribee Local Environmental Plan 2010 (Amendment No 70) (2025-53) – published LW 21 February 2025
Wollondilly Local Environmental Plan (Precincts – Western Parkland City) (Map Amendment No 2) (2025-54) – published LW 21 February 2025
Ballina Local Environmental Plan 2012 (Map Amendment No 9) (2025-80) – published LW 28 February 2025
State Environmental Planning Policy (Housing) Amendment (Low and Mid Rise Housing) 2025 (2025-81) – published LW 28 February 2025
State Environmental Planning Policy (Planning Systems) Amendment (Warrawong Site) 2025 (2025-82) –published LW 28 February 2025
Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
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