Residential focus – in the media; published articles, documents, reports; practice and courts; case; legislation – Real Estate and Construction

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In the media

Prime Minister’s $86 million investment in forestry to secure nation’s timber supply

Mr Morrison will announce $86 million for a cash grant scheme to help foresters and farmers in 11 declared regional forest hubs – including the whole of Tasmania – establish new softwood and hardwood plantations ( February 21, 2022). Continued…

Homebuilding for a soft landing as rates rise, HIA says

Rising borrowing costs are expected to hurt purchasing power and confidence, reduce new housing starts and put further pressure on a single-detached homebuilding sector that will shrink nearly a third from the peak of 2021 by 141,000. (February 18, 2022). Continued…

Homebuilder LP Warren Homes goes into administration

“Already at a minimum, our frames were costing $30,000 more, not to mention concrete, plaster, heating and air conditioning. All of those things had gone up,” said Melissa Gardner, general manager of LP Warren Homes (Feb. 18 2022). Continued…

The ATO ticking time bomb of unpaid building tax bills – The Australian Financial Review

“We all know that one of the first places where we’re going to see a return of insolvency activity is in building and construction,” said John Winter, chief executive of the Australian Restructuring Insolvency & Turnaround Association ( February 16, 2022). Continued…

NSW drives strong demand for new 2022 homes

“New single-detached home sales recorded an exceptionally strong quarter, led by Australia’s largest state,” said HIA economist Tom Devitt (February 10, 2022).
Continued…

Multi-million dollar expansion for Timberlink, but builders say it won’t make a difference to backlog

“If there are two months left before they [Timberlink] start producing [additional timber] I don’t think the ripple effect will happen here for another six or eight months,” said Mount Gambier builder and developer Shane Dycer (February 10, 2022). More…

Construction costs rise at fastest annual rate since 2005

CoreLogic’s Cordell Construction Cost Index (CCCI) for the fourth quarter of 2021 showed that despite a slowdown in the quarterly growth rate, national construction costs rose 7.3% in calendar year 2021 , the highest annual growth rate since March 2005 (9 February 2022). Continued…

Published – articles, documents, reports

Australian Building and Construction Commission Industry Update – February 2022 Edition

It is essential that union officials and site occupants understand their right of entry rights and responsibilities, which is why the February edition of Industry Update highlights this important issue, court summaries and more. again (February 17, 2022). Learn more here.

Uniclass: a class above the others

This [Uniclass] is used as a way to identify and manage the large amount of information involved in a construction project. Uniclass is also a requirement for BIM projects, as defined by the BS EN ISO19650 series of standards (February 17, 2022). Learn more here.

Hawkesbury-Nepean River March 2021 Flood Review Released

The review details the causes, nature and impacts of the March 2021 flood, which was the largest flood in the Hawkesbury-Nepean Valley in 30 years (February 16, 2022). Learn more here.

Practice and Courts

Advice for plumbing practitioners on new lead requirements

The 2022 edition of the National Building Code (NCC) will introduce a new limit for the allowable level of lead in plumbing products used for drinking water. This requirement will come into effect on September 1, 2025 (February 14, 2022). Learn more here.

Case


Salakis v Silvabuilt Pty Ltd; Silvabuilt Pty Ltd v Salakis
[2022] NSWCATAP 40
BUILDING AND CONSTRUCTION – contract – termination – repudiation – if the dispute resolution clause excludes the possibility of accepting repudiation if the requirements are not met
BUILDING AND CONSTRUCTION – contract – damages – damages for loss of profits assessed by reference to contractual clause governing payment for reduction in scope of work – if party claiming damages had provided evidence sufficient to establish the loss of profit – if this proof is necessary when the damages are assessed on the basis of a contractual clause.
Civil and Administrative Courts (New South Wales) Act 2013; Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).

Shivanbodhiselvan v Norwest Gateway Pty Ltd [2022] NSWCATAP 27
CONSTRUCTION AND CONSTRUCTION – lack of procedural fairness – Anshun estoppel – no question of principle – leave to appeal – decision not fair and equitable – decision against weight of evidence – no question of principle.
Civil and Administrative Courts (New South Wales) Act 2013 – s 80(2)(b)); Home Building Act 1989 (NSW).

Legislation

Environmental planning instruments

Environmental Planning and Assessment (Moree Enclosure) Amendment Regulations 2022

Regulations Amending the Environmental Planning and Assessment Regulations 2022

Regulations and other miscellaneous instruments

Water Stewardship Proclamation 2022 (Enforcement of Certain Water Sources)

This publication does not address all major topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice which may be relevant to the specific circumstances of the reader. If you found this publication interesting and would like to know more or would like legal advice relevant to your situation, please contact one of the people named on the list.

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