10 August 2026
31 min read
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In this last instalment of our deep dive into the Building (Approvals and Practitioners) Bill 2026, we focus on the duty of care elements, which draw heavily on equivalent provisions in the Design and Building Practitioners Act 2020 (DBP Act). To access earlier instalments, visit part 1 and part 2 of our review of the Bill.
Part 8 of the Bill is an adoption of the ‘duty of care’ provisions currently contained in the DBP Act and will be familiar to many.
While the provisions remain mostly the same, there are three principle changes:
The drafters have otherwise not taken the opportunity to amend or clarify some of the least popular aspects of the duty of care, or to codify its operation. This work remains the domain of judicial interpretation.
The table below shows the provisions in the Bill that substantially carry across on the same terms, from the DBP Act.
Part 9 of the Bill is largely a reshuffle of the equivalent ‘miscellaneous’ part of the DBP Act.
The table below outlines the provisions in Part 9 of the Bill that will carry across provisions from the DBP Act.
The main changes from the existing provisions of the DBP Act in this part are:
Review of the Act
After five years from the commencement date of the Bill, the Minister is to review the Act (as it will then be) to ensure that its policy objectives remain valid and the terms of the Act remain appropriate to achieve those objectives (section 201).
Repeals
Section 202 provides that the following legislation will be repealed:
Following debate in the Legislative Council, the Bill was amended and returned to the Legislative Assembly for concurrence with those amendments on 25 June 2026.
The Bill prompted scrutiny from the Opposition and crossbench members, including independent members and the Animal Justice Party. Proposed amendments addressed a range of issues, including dispute resolution requirements and additional considerations before regulations could be made. However, many of these proposed amendments were not ultimately adopted. The Legislative Council ultimately agreed to only two amendments both moved by Independent Mark Latham. These amendments require the establishment of a regulatory scheme for dispute resolution to be mandatory rather than discretionary, and require that the scheme be in place by 31 December 2026.
If the Legislative Assembly concurs, the Bill will proceed to assent. If it does not, the Bill may return to the Legislative Council for further consideration.
A significant portion of the framework’s practical operation is left to regulations, which will be crucial in prescribing how the reforms operate in practice. The regulations will address matters including approval processes, dispute resolution procedures, transitional arrangements and exemptions.
Industry consultation on the regulations will provide stakeholders with a further opportunity to influence the operation of the new framework.
What the New HBCF Portal means for Builders
NSW builders now have a new way of managing Home Building Compensation Fund (HBCF) requirements, following the introduction of the HBCF Portal in 2026. The portal now gives builders the option to complete eligibility and insurance tasks directly online. However, if builders do not wish to manage these requirements themselves, they still have the option to work with a broker or adviser to manage them on their behalf. Read more here and here.
Productivity Commission push for bold housing reform
“The Housing Industry Association (HIA) welcomes the Productivity Commission’s Interim Report into Housing Supply Regulation, which confirms that planning systems, approval delays and infrastructure constraints are among the most significant barriers to increasing housing supply across Australia,” said HIA Chief Executive Industry & Policy, Simon Croft. Read more here.
Home building falls to almost 30 per cent below Government's target
The ABS released its Building Activity data for the March quarter 2026. This data provides estimates of the value of building work and number of dwellings commenced, completed and under construction across Australia and its states and territories. Read more here.
NSW falls further behind housing targets amid ‘dire’ drop in new builds
NSW is failing to meet housing targets as fresh data reveals a dire drop in new builds, according to the ABS. The data showed only 10,227 homes were completed between April and June, which is well below state targets and a 15 per cent drop compared to earlier this year. NSW must build 377,000 homes by 2029 to meet its own targets but current slow rates mean 88,000 homes need to be completed annually for the next three years. Read more here.
Housing supply set to fall as thousands of new home contracts face cancellation
The Housing Industry Association (HIA) has called on Treasury to publicly assess the impact of the Government's new Self-Managed Superannuation Fund (SMSF) borrowing restrictions on housing supply, following the passage of the legislation through Parliament. "The question now is whether this SMSF legislation advances that objective or makes it more difficult to achieve” Read more here.
State of Digital Adoption in the Construction Industry 2026
Digital capability is becoming a strategic priority for construction businesses across Asia Pacific as the industry faces rising costs, supply chain disruption, skills shortages and weak productivity growth. In this environment, digital tools can help businesses improve productivity, strengthen resilience and deliver projects more reliably. Read more here.
Property Council calls on Treasury to ditch ‘unworkable’ trust tax that will shrink new housing
The Property Council of Australia has urged the Federal Government to abandon proposed discretionary trust tax changes, warning the reforms would create a major obstacle to meeting Australia’s 2029 housing targets. The call comes as Treasury consults on a proposed 30 per cent minimum tax on discretionary trusts, a policy announced in the Federal Budget and scheduled to commence from 1 July 2028. The inadequately short consultation period closes on 31 July. Read more here.
Productivity Commission: Housing supply regulation Interim Report
Australia doesn’t build enough housing in the areas where people want to live, making housing unaffordable in many parts of the country. While regulation is necessary to ensure the safety, quality and liveability of new housing stock, too much or inappropriate regulation unduly constrains housing supply. This interim report sets out the PC’s draft findings about how we can improve housing regulation. It finds that relaxing land-use controls and better coordinating enabling infrastructure are the reforms that are likely to have the greatest effect on housing supply and affordability. Read the report here.
Expressions of Interest open for the future of housing construction in NSW
An Expression of Interest (EOI) is now open for businesses to establish or expand a manufacturing facility in NSW to produce prefabricated building components or large-scale modular housing, specifically for higher density housing types, including developing designs from the mid-rise pattern book. Read more here.
Have your say: Standard and Model Conditions of Consent
The Department of Planning, Housing and Infrastructure is seeking feedback on the proposed introduction of standard and model conditions of consent across NSW. The proposed reforms aim to create consistent approaches for NSW councils and other consent authorities, reduce the time needed for each application, support faster decision-making with fewer delays in the assessment process and introduce conditions that scale depending on the potential impact of the development. Have your say by 30 July 2026, here.
Have your say: Improving Development Assessment
The NSW Government has released a discussion paper outlining proposed changes to development assessment requirements and processes. They intend these changes to improve the quality of local development applications (DAs), streamline the development assessment process, make it faster and easier to build new homes. Have your say by 30 July 2026, here.
ABS - Building Approvals, Australia
The Australian Bureau of Statistics (ABS) provides an overview of the number of dwellings and value of buildings approved. The June 2026 seasonally adjusted estimate revealed that total dwellings approved rose 7.2% to 18,328. Private sector dwellings excluding houses 17.8% to 7,138 and private sector houses rose 0.4% to 10,631. The value of total residential buildings rose 15.1% to $11.75b. Access the release here.
Housing Innovation in Construction Fund
The $2 million Housing Innovation in Construction Fund will support commercially established manufacturers to assess and adapt MMC for mid and high‑rise housing in NSW. Grants of between $20,000 and $150,000 are available to support engineering feasibility studies and compliance assessments, helping businesses assess how their designs and construction and manufacturing solutions can meet local building regulations. Funding is provided on a co‑contribution basis, with applicants required to contribute at least 50 per cent of total project costs. Read more here.
Housing Innovation Network Grants Program
The Housing Innovation Network Grants Program supports NSW small‑to‑medium enterprises to pilot innovative housing products in partnership with Homes NSW. Competitive grants of up to $250,000 will support pilot projects that test digital tools, building materials and service innovations in real public housing environments. The NSW Government has committed up to $1.8 million to the program, with funded pilots expected to run for up to 12 months between late 2026 and 2027. Read more here.
More than 400 new social homes coming to Macquarie Park
The Minns Labor Government has partnered with the Albanese Labor Government to deliver an additional 190 social homes thanks to a funding injection from the Building Homes for NSW Program and round two of the Housing Australia Future Fund (HAFF). Read more here.
Khan v Fairmont Homes (NSW) Pty Ltd [2026] NSWSC 770
APPEAL — appeal from Local Court — whether appeal should be allowed to be brought out of time
CONTRACTS — construction of special condition — special and recognised meaning of “variation” in building contracts — inconsistency between words in standard terms and words added by parties — relevance of use of statutory language
Local Court Act 2007 (NSW) Div 4 Pt 3, s 40; Home Building Act 1989 (NSW) s 7; Uniform Civil Procedure Rules 2005 rr 50.3, 50.2
Prestigious Plumbing Pty Ltd v Secretary, Department of Customer Service [2026] NSWSC 798
ADMINISTRATIVE LAW — judicial review – notice issued under s 127(2) of the Home Building Act 1989 (NSW) — whether notice invalid — where notice required production of documents and information – where notice issued in the context of an investigation — requirements of a notice — whether “entitlement disclosure condition” applies to the notice — whether notice discloses the basis on which the Secretary entitled to require the information or documents sought — whether notice identified a “matter” — whether severance of the notice possible — where invalid portions not inextricably mixed
STATUTORY INTERPRETATION — whether “entitlement disclosure condition” implied in a notice issued under s 127(2) of the Home Building Act 1989 (NSW) — where consideration of text, context and purpose of s 127 — entitlement disclosure condition implied
Australian Crime Commission Act 2002 (Cth), s 21A; Building Services Corporation Act 1989 (NSW); Building Services Corporation Legislation Amendment Act 1996 (NSW); Corporations Act 2001 (Cth), s 596D; Crimes (Sentencing Procedure) Act 1999 (NSW), s 17; Fair Work Act 2009 (Cth), s 712; Health Insurance Act 1973 (Cth), s 89B; Home Building Act 1989 (NSW), ss 51, 52, 54, 55, 56, 57, 58, 59, 60, 61, 61A, 62, 122, 127, Pts 4, 8, Sch 1; Income Tax Assessment Act 1936 (Cth), s 264; Interpretation Act 1987 (NSW), s 33; Protection of the Environment Operations Act 1997 (NSW), s 193; Trade Practices Act 1974 (Cth), s 155 (repealed); Workplace Relations Act 1996 (Cth), ss 86(1A), 83BH (repealed)
CIVIL PROCEDURE — interim preservation — freezing orders — where owners’ corporation sought to restrain developer from selling its only substantial assets without notice — where developer sought to use proceeds of sale of assets to repay debt incurred from related parties to fund development — where developer granted security over assets to related parties while litigation pending — whether debts incurred in the ordinary course of business — whether sale of assets in order to pay debts as they fell due should have been carved out of freezing order — whether danger that prospective judgment debt would not be paid caused by apprehended payment of existing debts or the financial position of the prospective judgment debtor
Conveyancing Act 1919 (NSW) s 37A; Corporations Act 2001 (Cth); Home Building Act 1989 (NSW) s 18B; Uniform Civil Procedure Rules 2005 (NSW) rr 25.11, 25.14
Atlanta Building Pty Ltd v Abela [2026] NSWCA 126
CIVIL PROCEDURE — amendment — where appellant sought leave at conclusion of trial to add a claim not previously pleaded — where request made on the day after trial for consent orders giving leave to amend — where request to make the consent orders was refused by primary judge without hearing further from the parties — where proposed amended pleading extremely late, internally inconsistent and without clear prospects of success — no material denial of procedural fairness
BUILDING AND CONSTRUCTION — appeal against refusal of appellant builder’s claim for lost profits following termination of fixed-price residential building contract — where appellant asserted it would have achieved a profit margin of 15% on the balance of the contract price — no evidence adduced of appellant’s actual likely costs of completing the works — claim not established
Civil Procedure Act 2005 (NSW), ss 56(1), 100, Pt 6 Div 1; Practice Note SC Gen 5; Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(1); 36.16(3A); 42.1, 42.34
Goel v Secretary, Department Of Customer Service [2026] NSWCATOD 97
Administrative Law — licencing — licence cancelled — disqualification — improper conduct — breached statutory warranties — fit and proper person.
Civil and Administrative Tribunal Act 2013; Administrative Decisions Review Act 1997; Home Building Act 1989
JUDGMENT AND ORDERS — application for stay of enforcement of judgment obtained under the Building and Construction Industry Security of Payment Act 1999 (NSW)
COSTS — security for costs — quantum and form
Building and Construction Industry Security of Payment Act 1999 (NSW), ss 22, 23, 25(4) and 32; Conveyancing Act 1919 (NSW), s 37A; Design and Building Practitioners Act 2020 (NSW), s 37; Home Building Act 1989 (NSW), s 18B; Uniform Civil Procedure Rules 2005 (NSW), r 42.21(f); District Court Act 1973 (NSW), s 156; Civil Procedure Act 2005 (NSW), ss 21, 56, 57, 58, 67, 68, 96, 135
Boyd v Chief Commissioner of State Revenue [2026] NSWCATAD 209
ADMINISTRATIVE LAW — revenue — land tax — whether principal place of residence exemption applied at taxing date – construction of the exemption and the phrase “separate buildings erected on separate lots” — whether dwelling capable of being used for separate occupation
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Interpretation Act 1987 NSW; Land Tax Management Act 1956 (NSW); Residential Tenancies Act 2010 (NSW); State Revenue Legislation Amendment Act 2008; State Revenue Legislation Amendment Act 2008 (NSW); Taxation Administration Act 1996 (NSW)
Hafeez v Secretary, Department of Customer Service [2026] NSWCATOD 105
Administrative Law – home building — application for Qualified Supervisor Certificate — general building work — application of instrument — qualifications — experience requirements — “wide range of building construction work”
Civil and Administrative Tribunal Act 2013; Administrative Decisions Review Act 1997; Home Building Act 1989
Alta Vale Residential Pty Ltd (In Liq) (Rec Apptd) v STM123 Pty Ltd [2026] NSWSC 882
CONTRACTS — where agreements for construction of various developments for costs plus margin – whether oral agreement to vary level of margin — terms of agreement — identity of contracting parties — quantum of costs and margin due under contracts
CONTRACTS — termination — whether contracts repudiated by builder or by developer — whether breach of restraint provisions by developer — whether contracts validly terminated by developer
BUILDING AND CONSTRUCTION — Building and Construction Industry Security of Payment Act 1999 (NSW) – where payment claims served by builder — where builder purported to suspend works — where developer completed works through related company — whether suspension of works was in accordance with provisions of Act — whether builder entitled to lost profits
BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Design and Building Practitioners Act 2020 (NSW) — where rectification order issued in respect of various defects — where developer incurred costs of rectifying defects — whether expert evidence established defects in works — whether builder liable for costs of rectification
BUILDING AND CONSTRUCTION — Design and Building Practitioners Act 2020 (NSW) — where construction work at development site caused partial collapse of neighbouring property — where settlement reached with neighbour whereby developer bought neighbouring property — where developer subsequently pursued a different development – whether individual who was project manager for builder owed a duty of care under the Design and Building Practitioners Act — whether duty breached — whether developer suffered loss and damage
CORPORATIONS — directors and officers — fiduciary duties — where director of building company was appointed director of another company registered by developer — where the second company completed the building works — whether director breached fiduciary duties to the first company — whether various defendants knowingly assisted in breach of fiduciary duties
CORPORATIONS — members’ rights and remedies — oppression — where developer had 50% shareholding in building company — where building company resolved that there was an event of default under shareholders deed due to developer’s breach of restraint provisions — where developer’s shares were transferred to other 50% shareholder for consideration of $1.00 — whether claims of oppression established
SET-OFF — where judgment debt against builder assigned to one of the defendants by a related company — where debt related to costs of NCAT proceedings in respect of a development undertaken by related company — where builder is in liquidation — whether defendant is entitled to set off judgment debt against liability for unpaid costs and margin in respect of a different development
Building and Construction Industry Security of Payment Act 1999 (NSW) ss 8, 11, 13, 14, 15, 27; Civil Procedure Act 2005 (NSW) s 56; Conveyancing Act 1919 (NSW) ss 38, 38A; Corporations Act 2001 (Cth) ss 9, 181, 182, 232, 233, 477, 553C; Design and Building Practitioners Act 2020 (NSW) s 37; Evidence Act 1995 (NSW) s 136, 140; Home Building Act 1989 (NSW) ss 4, 10, 18B, 18E; Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW); Work Health and Safety Act 2011 (NSW) s 155
Athens v The Owners-Strata Plan No 47035 (No 2) [2026] NSWCATAP 233
COSTS – rr 38 and 38A Civil and Administrative Tribunal Rules 2014 (NSW) — whether rr 38 and 38A apply — s 60 Civil and Administrative Tribunal Act 2013 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW); Residential (Land Lease) Communities Act 2013 (NSW); Strata Schemes Management Act 2015 (NSW); Supreme Court Act 1970 (NSW)
Cavanagh v Montgomery Homes Pty Ltd [2026] NSWCATAP 227
BUILDING AND CONSTRUCTION — practical completion — whether the issue of a second notice of practical completion after the date nominated in the first notice of practical completion constitutes a waiver of reliance upon the first notice — nature of waiver
EVIDENCE — opinion evidence — effect of failure by expert witness to comply with the Tribunal’s procedural guidelines — application in the Tribunal of Makita (Australia) Pty Ltd v Sprowles — whether the Tribunal erred by dismissing or according no weight to evidence of an expert by reason of their failure to comply with the Procedural Guidelines or the principles expressed in Makita v Sprowles
EVIDENCE — inference — whether the Tribunal erred by failing to draw the inference that a defect was widespread from evidence of a small number of instances
APPEALS — Civil and Administrative Tribunal Act 2013 (NSW) Sch 4 cl 12(1)(c) — leave to appeal on the ground that significant new evidence has arisen — whether evidence of circumstances coming into existence following the hearing can be new evidence — whether evidence is significant
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW)
Burmeister v AMDE Construction Pty Ltd t/as GJ Gardner Homes Sydney North [2026] NSWCATAP 229
HOME BUILDING CONTRACT — appeal against assessment of damages payable by builder for delay in completion of home building works — whether Tribunal erred in its interpretation of second limb of principle in Hadley v Baxendale — whether Tribunal erred in its application of the principle
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW)
Tremaine v Gems Painting Pty Ltd; Gems Painting Pty Ltd V Tremaine [2026] NSWCATAP 235
BUILDING AND CONSTRUCTION —Home Building Acct 1989 (NSW) — breach of statutory warranties — unlicensed builder — remedies — whether damages the appropriate remedy — assessment of damages — measure of damages — adjustment for unpaid contractual monies
COSTS — application of s 60(1)-(3) of the Civil and Administrative Tribunal Act 2013 (NSW) — exercise of discretion — whether failure to consider relevant matters
LIMITATION OF ACTIONS — s 6.20, Environmental Planning and Assessment Act 1979 (NSW) — the “long-stop” — an action for loss or damage arising out of or in connection with defective building work cannot be brought more than 10 years after completion of the work — does s 6.20 apply to claims for contribution under Law Reform (Miscellaneous Provisions) Act 1946 (NSW)? — yes — can s 74, Limitation Act 1969 (NSW) extend the “long-stop”? — no.
BUILDING AND CONSTRUCTION — plaintiff commences proceedings against 23 defendants seeking damages for defective building work — plaintiff seeks to amend claim against certifier to add claim for breach of duty under s 37, Design and Building Practitioners Act 2020 (NSW) — application made to Duty Judge the day before the “long-stop” expires — no explanation for delay — plaintiff fails to disclose to the Duty Judge that the basis for the amendment was discovered eight months earlier — certifier deprived of the ability to file cross-claims for contribution in time — “obvious and significant” prejudice if amendment is granted — leave to amend refused.
Civil Liability Act 2002 (NSW), Pt 4, s 34; Civil Procedure Act 2005 (NSW), ss 22, 58, 64, 65; Design and Building Practitioners Act 2020 (NSW), ss 36, 37; Environmental Planning and Assessment Act 1979 (NSW), ss 6.19, 6.20, 6.21; Environmental Planning and Assessment Act 1979 (NSW), Pt 4C, ss 109ZJ, 109ZK (repealed); Environmental Planning and Assessment Amendment Act 1997 (NSW) (repealed); Environmental Planning and Assessment Amendment Act 2017 (NSW) (repealed); Judicature Act 1873 (UK), s 24; Law Reform (Miscellaneous Provisions) Act 1946 (NSW), ss 5, 6; Limitation Act 1969 (NSW), ss 7, 14, 26, 74; Uniform Civil Procedure Rules 2005 (NSW), Pt 9
Di Lullo v JG King Pty Ltd (No 3) [2026] NSWDC 218
BUILDING AND CONSTRUCTION — Contract — Defects — Home Building Act 1989 (NSW) — Design and Building Practitioners Act 2020 (NSW) — assessment of damages
Design and Building Practitioners Act 2020 (NSW), s 37; Home Building Act 1989 (NSW), s 18B
Daw v Secretary, Department of Customer Service [2026] NSWCATOD 90
ADMINISTRATIVE LAW — Home Building Act — Qualified Supervisor Certificate — refusal — bankruptcy –director of an externally-administered company — whether applicant took all reasonable steps to avoid bankruptcy and external administration
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Corporations Act 2001 (Cth); Home Building Act 1989; Property, Stock and Business Agents Act 2002
Chen v Wu t/as Aussie Home Painting & Decoration [2026] NSWCATCD 59
HOME BUILDING — defects — assessment of damages
Competition and Consumer Act 2010 (Commonwealth); Fair Trading Act 1987 (NSW); Home Building Act 1989 (NSW)
Moriarty v Bahrami Group Pty Ltd trading as Build1 Australia [2026] NSWCATCD 65
BUILDING and CONSTRUCTION – Termination of the contract — Suspension of work — defective work — duty of care pursuant to the Design and Building Practitioners Act 2020 — rise and Fall — damages for incomplete work — credit to be allowed for — provisional allowances
Civil Liability Act 2002; Design and Building Practitioners Act 2020; Home Building Act 1989
BUILDING AND CONSTRUCTION — contract — practical completion — damages — delay — defects — work order — liquidated damages — general damages — termination — repudiation — variations
BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — statutory warranty — proceedings for breach
Home Building Act 1989 (NSW
Kensington Homes (NSW) Pty Ltd v McMullen (No 2) [2026] NSWCATCD 60
COSTS – whether there should be an apportionment order — mixed success on various issues — one third reduction in successful party’s costs
Civil and Administrative Tribunal Rules 2024 NSW; Civil and Administrative Tribunal Act 2013 NSW; Uniform Civil Procedure Rules 2005 NSW; Home Building Act 1989 NSW
Chymiak v Fogg [2026] NSWCATAP 206
BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — statutory warranty — due care and skill — whether contractor carried out work with due care and skill when plans indicated that the design of a concrete slab would vary depending on the soil classification and the contractor made an assumption regarding the soil classification rather than making enquiry or requiring evidence from the homeowner
CIVIL PROCEDURE — sufficiency of evidence in Tribunal proceedings — in the absence of contrary evidence a notation of soil classification on plans for the house on a property is sufficient to establish the soil type on an adjacent area where a shed was to be constructed
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW)
Maurice Blackburn Pty Ltd v State Insurance Regulatory Authority [2026] NSWCATAD 188
ADMINISTRATIVE LAW — administrative review — government information — access application — enforceable right to access government information — presumption in favour of the disclosure of government information — overriding public interest against disclosure — public interest considerations against disclosure — public interest considerations in favour of disclosure — balance — term ‘could reasonably be expected’ — confidential information — prejudice to supply of information — effective exercise of functions of agency — competitive neutrality — competitive advantage of disadvantage — business, commercial and financial interests
ADMINISTRATIVE LAW — reviewable decision — correct and preferable decision — Civil and Administrative Tribunal
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Government Information (Public Access) Act 2009 (NSW); Home Building Act 1989 (NSW); NSW Self Insurance Corporation Act 2004 (NSW); State Insurance and Care Governance Act 2015 (NSW)
Van Vliet v Edwards [2026] NSWCATCD 51
BUILDING AND CONSTRUCTION — Home building — building defects
BUILDING AND CONSTRUCTION — Home Building — s 18B(a) — inconsistency between plans
Home Building Act 1989 (NSW)
Gittany & Sons Pty Ltd v Gittany; Gittany v Gittany & Sons Pty Ltd [2026] NSWCATCD 71
BUILDING AND CONSTRUCTION — Home Building — promissory estoppel — debt recovery — whether offset by claim for defective works — Whether damage established — sale of property prior to hearing
Civil and Administrative Tribunal Act 2013 (NSW); Fair Trading Act 1987 (NSW); Home Building Act 1989 (NSW)
Markareh v Intelpools Pty Ltd trading as Autumn Pools [2026] NSWCATAP 236
APPEAL — duties of an expert when giving opinion evidence — scope of renewal application — application of renewal proceedings to circumstances where there is no relevant order in favour of the person who seeks to renew proceedings
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW)
Inventbuild Pty Ltd v Tulemis [2026] NSWCATAP 238
“BUILDING AND CONSTRUCTION — appeal allowed in so far as Tribunal ported to deal with common property defects in an application brought by a lot owner otherwise no question or principal in relation to errors on questions of law or other errors"
Civil and Administrative Tribunal Act 2010 (NSW), ss 38, 80; cl 2 of Sch 1; cll 8 and 12 of Sch 4; Design and Building Practitioners Act 2020 (NSW), s 37; Home Building Act 1989 (NSW), ss 3B, 4, 48MA, 92; Migration Act 1958 (Cth)
Kim v JM World AU Pty Ltd (in liq); Bak v JM World AU Pty Ltd (in liq) [2026] NSWCA 146
CONTRACTS — construction and interpretation — where wholly written contract — dispute as to identity of party to contract — effect of Home Building Act 1989 (NSW), circumstances of execution of contract and post-contractual conduct
CORPORATIONS — whether primary judge erred in finding that the company was insolvent
EQUITY — equitable charges and liens — contribution to acquisition or improvement of another’s property — whether primary judge erred in imposing an equitable charge over the property
JUDGMENTS AND ORDERS — interest — where directors breached statutory and fiduciary duties — whether primary judge erred in award of compound interest
CORPORATIONS — directors and officers — directors’ duties — inactive director — whether inactive director’s breach of duty causative of company’s loss — factual inferences that should be drawn from evidence before primary judge
CORPORATIONS — directors and officers — relief from liability under ss 1317S and 1318 of the Corporations Act 2001 (Cth) — whether primary judge erred in exercise of judicial discretion to not relieve director from liability
Building and Construction Industry Security of Payment Act 1999 (NSW); Companies Code, s 556; Corporations Act 2001 (Cth), ss 127, 588FB, 588FDA, 588FDB, 588FE, 1317H, 1317S, 1318; Corporations Law, s 232; Evidence Act 1995 (NSW), s 140; Home Building Act 1989 (NSW) ss 18B, 18D, 92, 92C, 94; Supreme Court Act 1970 (NSW), s 75A
Regulations and other miscellaneous documents
Determination [Biodiversity Conservation Act 2016] (2026-346) LW 10 July 2026
Final Determination [Biodiversity Conservation Act 2016] (2026-347) LW 10 July 2026
Environmental planning instruments
Albury Local Environmental Plan 2010 (Amendment No 29) (2026-333) LW 3 July 2026
Bathurst Regional Local Environmental Plan 2014 (Amendment No 25) (2026-334) LW 3 July 2026
Byron Local Environmental Plan 2014 (Amendment No 52) (2026-335) LW 3 July 2026
Campbelltown Local Environmental Plan 2015 (Amendment No 46) (2026-337) LW 3 July 2026
Coonamble Local Environmental Plan 2011 (Map Amendment No 1) (2026-338) LW 3 July 2026
Kempsey Local Environmental Plan 2013 (Map Amendment No 12) (2026-339) LW 3 July 2026
Kiama Local Environmental Plan 2011 (Map Amendment No 6) (2026-340) LW 3 July 2026
Ku-ring-gai Local Environmental Plan 2015 (Map Amendment No 7) (2026-341) LW 3 July 2026
Shoalhaven Local Environmental Plan 2014 (Map Amendment No 14) (2026-342) LW 3 July 2026
Camden Local Environmental Plan 2010 (Amendment No 55) (2026-336) LW 3 July 2026
Blacktown Local Environmental Plan 2015 (Map Amendment No 6) (2026-349) LW 10 July 2026
Blacktown Local Environmental Plan 2015 (Map Amendment No 6) (2026-350) LW 10 July 2026
Broken Hill Local Environmental Plan 2013 (Amendment No 4) (2026-351) LW 10 July 2026
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 24) (2026-353) LW 10 July 2026
Dubbo Regional Local Environmental Plan 2022 (Amendment No 9) (2026-354) LW 10 July 2026
Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 20) (2026-355) LW 10 July 2026
Warringah Local Environmental Plan 2011 (Amendment No 31) (2026-357) LW 10 July 2026
Ballina Local Environmental Plan 2012 (Map Amendment No 13) (2026-360) LW 17 July 2026
Canterbury-Bankstown Local Environmental Plan 2023 (Amendment No 12) (2026-361) LW 17 July 2026
Hawkesbury Local Environmental Plan 2012 (Map Amendment No 8) (2026-362) LW 17 July 2026
Inner West Local Environmental Plan 2022 (Amendment No 15) (2026-363) LW 17 July 2026
Shoalhaven Local Environmental Plan 2014 (Amendment No 56) (2026-364) LW 17 July 2026
Shoalhaven Local Environmental Plan 2014 (Map Amendment No 15) (2026-365) LW 17 July 2026
State Environmental Planning Policy Amendment (Development Pathways) 2026 (2026-367) LW 17 July 2026
Woollahra Local Environmental Plan 2014 (Amendment No 47) (2026-368) LW 17 July 2026
Yass Valley Local Environmental Plan 2013 (Map Amendment No 4) (2026-369) LW 17 July 2026
Blacktown Local Environmental Plan 2015 (Amendment No 39) (2026-376) LW 24 July 2026
Bogan Local Environmental Plan 2011 (Amendment No 3) (2026-377) LW 24 July 2026
Cessnock Local Environmental Plan 2011 (Amendment No 47) (2026-378) LW 24 July 2026
Cumberland Local Environmental Plan 2021 (Map Amendment No 7) (2026-379) LW 24 July 2026
Fairfield Local Environmental Plan 2013 (Map Amendment No 12) (2026-380) LW 24 July 2026
Forbes Local Environmental Plan 2013 (Map Amendment No 4) (2026-381) LW 24 July 2026
Goulburn Mulwaree Local Environmental Plan 2009 (Amendment No 25) (2026-382) LW 24 July 2026
Muswellbrook Local Environmental Plan 2009 (Amendment No 23) (2026-383) LW 24 July 2026
Orange Local Environmental Plan 2011 (Amendment No 41) (2026-384) LW 24 July 2026
Penrith Local Environmental Plan 2010 (Amendment No 46) (2026-385) LW 24 July 2026
Wagga Wagga Local Environmental Plan 2010 (Amendment No 49) (2026-386) LW 24 July 2026
Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.
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