northern beaches granny flat approvals

Affordable housing and the rise of the granny flat

The Sydney affordable housing crisis. “Urban release”, “urban renewal” and “affordable housing” are popular buzz words encompassing a range of policies. These policies are designed to accommodate a growing population in affordable housing near infrastructure and are an attempt to free up existing housing stock. Whilst initially slow in coming to the Northern Beaches, the […]

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High Court revisits scope of Security for Payment claims

In Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd & Anor [2018] HCA 4 and in Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 the High Court had cause to consider whether challenges to decisions of adjudicators under the SoPA could include non-jurisdictional errors of law. The SoPA legislation was enacted to […]

Shum Appeal clarifies scope and operation of NCAT’s jurisdiction to award damages to lot owners—section 106

Strata Owners Corporation obligations. Shum v The Owners Strata Plan No. 30621 [2017] NSWCATCD 68 In Shum v The Owners Strata Plan No. 30621 [2017] NSWCATCD 68, a lot owner was awarded in excess of $55,000 damages for breach of the Owners Corporation duty to repair and maintain common property. The 30 August 2017 decision […]

strata owners committee dispute

Strata Owner’s Committee Dispute

Appeal Panel clarifies scope and operation of NCAT’s jurisdiction to award damages to lot owners. In Shum v The Owners Strata Plan No. 30621 [2017] NSWCATCD 68, a lot owner was awarded in excess of $55,000 damages for breach of the Owners Committee’s duty to repair and maintain common property.  The 30 August 2017 decision […]

Inflammable Cladding Update

NSW passes the Building Products (Safety) Act 2017. NSW wasted no time in acting on the Senate’s recent recommendations to ban inflammable cladding as a building product. On 30 November the Building Products (Safety) Act 2017 received assent. The Act aims to prevent the installation of unsafe building products in the future and empowers the […]

defective building works claim

Misleading and Deceptive conduct and Home Warranty Insurance

Extension of misleading and deceptive conduct claims may benefit home-owners. This decision can be contrasted with the 2009 judgment of His Honour Justice Hammerschlag in Janet Campbell v C.J. Cordony & Sons Pty Limited [2009] NSWSC 63. In both Elias and Campbell the builder’s directors were held to have misrepresented that the company had obtained home […]

unlicensed builders defective building

Fair Trading issues warning to contractors

A warning to unlicensed contractors and uninsured builders. I often come across unlicensed and uninsured ‘contractors’ despite the fact that the risks of contracting without either licence or insurance can be significant. A builder who contracts to carry out residential building work over $20,000 without insurance may encounter difficulties in obtaining payment. Moreover, financial penalties can […]

building occupation certificate problems

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 Appeal’s landmark decision in Ku-ring-gai Council v Chan [2017] NSWCA 226. What is clear is that a certifier, including a   council, does not owe a duty of care to  subsequent purchasers of property in relation to the manner in which it […]

common property maintenance obligations s106

Common property and maintenance obligations – have the floodgates opened on S106 (5) claims?

Strata common property maintenance obligations s106. It’s been a big month for strata, with two Court of Appeal decisions extending potential claims available to lot owners. On 30 August 2017, in Shum v the Owners Corporation SP30621 [2017] NSWCATCD 68 Member Grew awarded a lot owner damages for breach of the OC’s duty to maintain and […]

flammable cladding sydney

Senate inquiry calls for ban on flammable cladding

Flammable Cladding Sydney. The widespread use of flammable cladding on high rises has been making headlines in  Australia and indeed was subject to a recent investigation on the ABC’s Four Corners. The use of this potentially life threatening building material has now been scrutinised by a Senate Committee which released its findings on 6 September. ACP or Aluminium Composite […]