The Strata Schemes Legislation Amendment Act 2025 (NSW) introduces significant reforms to strata law, implementing 37 of the 139 recommendations from the 2021 Statutory Review. The changes impose stricter duties
Section 37 of the Design and Building Practitioners Act 2020 (NSW) imposes a statutory duty of care on any person carrying out “construction work” to avoid economic loss caused by
The Strata Schemes Legislation Amendment Bill 2025 makes an important change to section 106 of the Strata Schemes Management Act 2015 (NSW). Previously, a lot owner had only two years
On 22 November 2023, the Strata Legislation Amendment Bill 2023 passed both houses of NSW Parliament, amending Part 10 of the Strata Schemes Development Act 2015 (NSW) – the first
On 10 March 2023, Justice Darke of the NSW Supreme Court delivered an interlocutory decision refusing an application to stay building defect proceedings for 12 months, despite ongoing investigations under
In Denmeade v Travers [2023] NSWCATCD 3, Senior Member G K Burton SC considered whether a homeowner should receive a work order or a money order for defective and incomplete
In The University of Sydney v Multiplex Constructions Pty Ltd [2023] NSWSC 383, Justice Stevenson emphasised the importance of pleading with precision, particularly in relation to the statutory duty of
In The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWSC 116, Justice Rees confirmed that a defendant in breach of the non-delegable statutory duty of care
In The Owners – Strata Plan 86807 v Crown Group Constructions Pty Ltd [2023] NSWSC 44, Justice Ball considered an owners corporation’s application to amend its claim against the builder
In James v Jandson Pty Ltd [2022] NSWSC 1686, the Supreme Court dismissed a homeowner’s attempt to appeal out of time for breach of statutory warranties under the Home Building
In Seek Justice Pty Ltd v Minister for Planning [2022] NSWLEC 127, the applicant challenged a determination of the Blue Mountains Local Planning Panel concerning an ‘ultra-trail’ running event around
In Smith v Owners – Strata Plan No 3004 [2022] NSWSC 1599, the NSW Supreme Court considered sections 106(1) and 106(5) of the Strata Schemes Management Act 2015 (NSW) and
In The Owners – Strata Plan No 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123, Justice Stevenson confirmed that an owners corporation may add new defects to an existing
In Boulus Constructions Pty Ltd v Warrumbungle Shire Council [2022] NSWSC 1368, Justice Stevenson confirmed that directors of building companies and site supervisors owe a statutory duty of care under
As part of the Construct NSW strategy, the Office of the Building Commissioner released the Independent Construction Industry Ratings Tool (iCIRT), a voluntary five-star rating system created by global rating
Uncertainty existed over whether the statutory duty of care under the Design and Building Practitioners Act 2020 (NSW) applied only to ‘class 2’ buildings such as residential flat buildings and
In The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659, Justice Stevenson clarified that the statutory duty of care under section 37 of the Design
In The Owners – Strata Plan No 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068, the NSW Supreme Court delivered an early decision on the Design and
The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) commenced on 1 September 2020, containing provisions aimed at preventing developers from carrying out construction that may result in
The Design and Building Practitioners Act 2020 (NSW) was introduced in response to concerns about building defects in NSW, commencing on 11 June 2020 with further provisions from 1 July
The Design and Building Practitioners Act 2020 (NSW) was introduced in response to concerns about building defects in NSW, commencing on 11 June 2020 with further provisions from 1 July
The strata defects regime under Part 11 of the Strata Schemes Management Act 2015 (NSW) for high-rise residential strata buildings commenced on 1 January 2018, applying to building contracts entered
Builders and developers defending NCAT claims for defective building work often prefer, if found liable, to rectify the work under their own control rather than pay damages based on the
The date of practical completion under a construction contract has important flow-on effects, including the start of the defects liability period, a reference date for a further or final payment
A respondent to an adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) who claims the determination is infected by a ‘reviewable error’ may obtain
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