The Building and Construction Security of Payment Amendment Act 2018 is now in force and the most recent round of amendments are effective from 21 October 2019. Notable amendments include the reintroduction of the statement that claims are made under the Act to all progress claims, whether the work is residential or commercial. The notation: […]
The Appeal Panel’s decision in Ashton v Stevenson (discussed in issue 7, August 2019) has been subject to appeal. At first instance, the Senior Member classified defects to the external balcony and cladding as major defects. The Appeal Panel disagreed and held that those defects were ’minor’. One effect of this decision was that those […]
In Mann v Paterson Constructions Pty Ltd [2019] HCA 32 the High Court clarified the availability of the restitutionary remedy of ’quantum meruit’ to a builder in the specific circumstances where the builder terminates the contract following repudiatory behaviour of a homeowner. A literal translation of ‘quantum meruit’ is ’the amount he deserves’. It can […]
The Owners SP 92888 v Taylor Construction Group and Frasers Putney [2019] NSWCAT is NSW’s first foray into the combustible cladding arena but is analogous to VIC’s ‘absolute test for fitness for purpose’ decision arising from the Lacrosse fires (Owners Corporation No.1 of PS613436T v LU Simon Builders Pty Ltd (Building and Property) [2019] VCAT […]
Dividing Fences—the great neighbourly divide The ‘dividing fence’ is often a hot topic for neighbours. Help, however, is at hand in the form of the Dividing Fences Act 1992 (NSW) (Act). The Act empowers both NCAT and the Local Court to resolve disputes about dividing fences. NCAT has an unlimited jurisdiction for these matters, […]
Manly long leaseholders stranded high and dry as Court of Appeal dismisses Spring Cove appeal In the Owners—Strata Plan No 91322 v Trustees of the Roman Catholic Church for the Archdiocese of Sydney [2019] NSWCA 89 the Court of Appeal gave short shift to the question of whether an owners corporation, holding a 99 year […]
Defective work—Appeal Panel considers the scope of ‘major’ defect The Home Building Act In Ashton v Stevenson; Stevenson v Ashton [2019] NSWCATAP 67 NCAT’s Appeal Panel considered the vexed question of what is a ‘major’ defect under the Home Building Act 1989 (Act). The concept of ‘major’ defect was introduced by the Home Building Amendment […]
This week’s Four Corners report leaves no doubt that the legacy of Australia’s 20 years of building boom is a high rise residential sector in crisis. Strata schemes and lot owners are grappling not only with the inflammable cladding debacle but with widespread and systemic building defects, often to the structure of buildings or to […]
External cladding fire safety regulations. In November 2017, the NSW Government legislated to ‘ban’ ACP with retrospective effect by the introduction of the Building Products (Safety) Act 2017. In August 2018 the Commissioner issued a Building Product Use Ban (the Ban) for external cladding with a core comprising more than 30% polyethylene. The Ban is […]
Neighbourhood disputes over tree branches. I deal with a variety of disputes between neighbours. These can arise for many reasons including dividing fences or retaining walls in disrepair, encroaching garages, nuisance claims of noise and pollution, use of right of ways, high hedges and overhanging branches. In this issue, I deal with tree disputes, an […]
