Author Archives: Clare Peacock

The Preferred Outcome Principle for defective building work

The Preferred Outcome Principle Section 49MA Home Building Act 1989 Section 48MA of the Home [...]

Penalties for builder who failed to obtain statutory building insurance

Home detention for builder. Another contractor is cooling his heels after being found guilty of [...]

Building defects bond scheme and strata blocks

Changes to the Strata Schemes Management Act 2015. Reforms to the Strata Schemes Management Act 2015 [...]

Affordable housing and the rise of the granny flat

The Sydney affordable housing crisis. “Urban release”, “urban renewal” and “affordable housing” are popular buzz [...]

High Court revisits scope of Security for Payment claims

In Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd & Anor [2018] HCA [...]

Strata Owner’s Committee Dispute

Appeal Panel clarifies scope and operation of NCAT’s jurisdiction to award damages to lot owners. [...]

Inflammable Cladding Update

NSW passes the Building Products (Safety) Act 2017. NSW wasted no time in acting on [...]

Misleading and Deceptive conduct and Home Warranty Insurance

Extension of misleading and deceptive conduct claims may benefit home-owners. This decision can be contrasted [...]

Fair Trading issues warning to contractors

A warning to unlicensed contractors and uninsured builders. I often come across unlicensed and uninsured [...]

Court of Appeal revisits negligence against certifiers in relation to defective building works

Building Occupation Certificate problems. The point of certification appears unclear after the NSW Court of [...]