09 September 2025
27 min read
#Property, Planning & Development
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A recent decision of the District Court of NSW has looked at the proper construction of section 18F of the Home Building Act 1989 (NSW) (HBA) and its corresponding provision in the MBA contract.
In Allan v Renfay Projects Pty Ltd [2025] NSWDC 357, the owner entered a contract with a builder to carry out remedial roof and gutter works, in the context of a long history of leaks.
After entering into the contract, the owner prepared a ‘schematic’, showing a different design for the roof works and increasing the gutter size. This was reviewed by an engineer as satisfactory.
The builder performed the works in accordance with the amended design.
After the works were completed, the roof continued to leak during periods of extreme weather.
The owner brought proceedings against the builder under the HBA statutory warranties, arguing that despite the builder’s works, the roof continued to leak. The crux of the owner’s argument was that “if the design does not work, that is the builder’s responsibility”.
The builder relied on section 18F of the HBA:
"(1) In proceedings for a breach of a statutory warranty, it is a defence for the defendant to prove that the deficiencies of which the plaintiff complains arise from –
(a) instructions given by the person for whom the work was contracted to be done contrary to the advice of the defendant or person who did the work, being advice given in writing before the work was done, or
(b) reasonable reliance by the defendant on instructions given by a person who is a relevant professional acting for the person for whom the work was contracted to be done and who is independent of the defendant, being instructions given in writing before the work was done or confirmed in writing after the work was done."
as well as the corresponding MBA contract clause (where (c) (i) relates to quality of construction – compliance with the BCA, codes required by law and the development consent):
ii) This contract limits the liability of the Builder for a failure to comply with (c) (i) above if the failure relates solely to:
a) a design or specification prepared by or on behalf of the Owner (but not by or on behalf of the Builder)
The proper construction of the words ‘relates solely to’ became the focus of the decision. The owner argued they raised whether the work was done precisely in accordance with the contractual plans or specifications. The Court found this was to ask the wrong question:
"The correct question is whether the alleged failure “relates solely” to the design or specification.
The phrase “relates solely" is, to put it mildly, a difficult one.
The reason it is an awkward phrase to construe is that the word “relates” is a connecting word, which has in very many cases been interpreted to have a broad and wide meaning. It usually connotes a reasonably tenuous connection. On the other hand, the word “solely" is specific in the extreme and ordinarily directs attention to one single thing.
The phrase needs to be considered, not as individual words, but as a composite of those words in the context of where it is found in both the legislation and the Contract.
In my opinion, in this context, the phrase “relates solely" means that, if the failure to comply with a provision of Clause 1(c)(i) [s 7E cl 2 sch 2] is the immediate consequence of a design or specification issue, rather than a failure of the builder to build in accordance with the plans or specification or the product of substandard building work, then the builder is not liable for that failure.
I consider “relates solely to” means “caused solely by.” In other words, I think the word “relates” is meant to connote a concept of causation and “solely” is meant to capture the design or specification being the immediate or proximate cause of any breach – accepting that it must be acknowledged that there is almost never one sole cause of anything."
The Court found that the builder’s defence under section 18F of the HBA was established.
The Court rejected the owner’s argument that the builder was responsible for the failure of the roof, because the only way that the builder could have ensured that the roof functioned as intended was to depart significantly from the works it was contracted to carry out, including the owner’s amended design. In other words, by breaching the contract.
The HBA warranties are not a cure all for deficient design provided by an owner, in the context of a section 18F defence.
Authors: Christine Jones & Brandon Thai
Action on red tape and approvals to build more homes, more quickly
Building on the federal government’s $43 billion housing agenda, the government is acting on five further reform areas to build more homes, more quickly, including: (1) pausing of further residential changes to the National Construction Code until mid-2029; (2) fast tracking assessment on more than 26,000 home currently under EPBC Act consideration and speeding up assessment of new applications; (3) reducing barriers to more superannuation investment in new housing supply; (4) encouraging further uptake of modern methods of construction; and (5) working with states and territories to accelerate delivery of planning, zoning, approvals and investment in enabling infrastructure (24 August 2025). Read more here.
AI to support development approvals
The NSW Government is integrating Artificial Intelligence solutions into the assessment of State Significant Development (SSD) applications, in an effort to reduce timeframes for major developments. As the state takes on a bigger role in assessing major housing projects, this is an important step in making sure the speed of assessment is improved, and quality of assessment is maintained.The NSW Government has launched a tender for an AI solution to support SSD assessments as part of its ongoing improvement to the digital systems that support the NSW planning system (2 September 2025). Read more here.
Minns Government’s reforms leading to faster approvals
Councils that improve their assessment timeframes will have access to a share of $200 million in infrastructure funding under the Minns Labor Government’s Faster Assessments Incentive program. The Faster Assessment Incentive program will fund local infrastructure projects for councils expected to deliver a higher proportion of housing under the five-year housing targets and are reducing their development assessment timeframes or keeping their assessment timeframes down (2 September 2025). Read more here.
Minns Labor Government injects $9.2 million to accelerate building certification and trades licensing approvals
As part of its commitment to meeting National Housing Accord targets the Minns Labor Government is injecting $9.2 million across four years into initiatives aimed at increasing the number of building certifiers and speeding up the licensing of building tradespeople. The critical funding will boost the certifier workforce through reducing red tape and speeding up home building licence application approvals to help fill skills gaps in the building industry (25 August 2025). Read more here.
Expedited, expanded First Home Guarantee works well with new supply measures, says Property Council
The Property Council of Australia has welcomed the federal government’s announcement that the start of its expanded First Home Guarantee Scheme will be brought forward, which, coupled with the significant housing supply measures announced yesterday, will bring Australia closer to its 1.2 million new homes target and make new homes more affordable for first home buyers. The expansion of the First Home Guarantee Scheme to every first home buyer who will be eligible to buy a home with a five per cent deposit and avoid lenders mortgage insurance, guaranteed by the government with no income caps or caps on places, was due to commence from 1 January 2026, but will now be brought forward to 1 October 2025 (25 August 2025). Read more here.
Building Commission inspection blitz in Far West and Central West NSW
Building Commission NSW has conducted a series of inspections across Far West and Central West NSW, with the main issues identified relating to non-compliant site signage, unlicensed work, building frames, and inadequate damp proof course defects. With its sights set firmly on improving building quality across all of NSW, inspectors from the building regulator visited Hartley, Bowenfels, Lidsdale, Portland, Mudgee, Bombira, Caerleon, Gulgong, Forbes, Parkes, Narromine, Manildra, Wellington and Dubbo (29 August 2025). Read more here.
Building information certificates: forgiveness or permission?
Building information certificates are widely mistaken as retroactive approvals for unauthorised construction but they offer only temporary protection and no guarantee of structural integrity. Decades of case law reveal that planning legislation is designed to allow for the regularisation of unlawful developments, prioritising merit-based assessment over punishment. This article unpacks this case law, critiques the misuse of building information certificates and discusses how forgiveness is an underlying tenet of planning law (8 August 2025). Read more here.
Reforms to improve use and recognition of standards in regulation
HIA recently provided a submission on the ‘reforms to improve use and recognition of standards in regulation’ to the Treasury. The submission builds on HIA’s 2025-2026 Pre-Budget Submission alongside their submission to the Productivity Commission in consultation on pillars 1: Creating a more dynamic and resilient economy; and 5: Investing in cheaper, cleaner energy and the net zero transformation (8 August 2025). Access the HIA’s pre-budget submission here, their submission to the Productivity Commission here, and their latest submission here.
Review of Australia’s Modern Slavery Act 2018
HIA provided a submission to the Australian Government on the Review of Australia’s Modern Slavery Act 2018 (Cth). On 31 March 2022, a statutory review of the Act was announced. On 2 December 2024, the Government released its response to the Statutory Review – strengthening the Modern Slavery Act. Since the introduction of the legislation, HIA have supported appropriate actions being taken by the business community to address the risks of modern slavery in their supply chain. However, HIA continue to hold major concerns that the residential building industry is at risk of being disproportionately burdened by the obligations under the Act due to the complex nature of supply chains across the industry (29 August 2025). Access their submission here.
Have your say – Apprenticeship & Traineeship Act Review
The NSW Government is undertaking a comprehensive review of the Apprenticeship and Traineeship Act 2001 (A&T Act) to ensure it remains effective in a changing economic, social and training environment. It sets out the framework for the roles and responsibilities of employers, apprentices, trainees, and training providers, and governs key processes including contract registration, supervision, completions and compliance. The consultation period is open until 11 September 2025. Read more here.
Have your say – Cutting, drilling and grinding concrete and masonry products
Following consultation with stakeholders, SafeWork NSW have drafted a new code of practice that better meets modern safety standards and new ways of working. The new code provides information and guidance to make sure risks from cutting, drilling and grinding concrete and masonry products are managed according to current work health and safety laws. The consultation period is open until 14 September 2025. Access the Draft Code of Practice here.
Building Approvals, Australia
The Australian Bureau of Statistics (ABS) provides the number of dwelling units and value of buildings approved. The July 2025 seasonally adjusted estimate revealed that total dwellings approved fell 8.2% to 15,769. Private sector dwellings excluding houses fell 22.3% to 5,943, and private sector houses rose 1.1%, to 9,288. The value of total residential building fell 1.6%, to $9.43b, and the value of non-residential building fell 14.9%, to $6.09b (1 September 2025). Read more here.
Construction Work Done, Australia, Preliminary
The Australian Bureau of Statistics (ABS) provides preliminary estimates of value of total construction work done, building work done and engineering construction work done. In seasonally adjusted terms in the June quarter, total construction work done rose 3.0% to $76,120.6m. Building work done rose 0.2% to $39,043.5m, and engineering work done rose 6.1% to $37,077.1m. The trend estimates for total construction work done rose 0.7% to $74,722.7m (27 August 2025). Read more here.
Impact of Renewable Energy Zones (REZ) on rural and regional communities and industries in New South Wales – First report
A government inquiry was established on 30 July 2024 to inquire into and report on the impact of Renewable Energy Zones (REZs) on rural and regional communities and industries in New South Wales. While the inquiry was established to investigate the impact of all REZs in New South Wales, the committee, through the submissions process and by holding a public hearing in Dubbo, as well as conducting site visits in the surrounding area, has received a significant amount of evidence focusing on the Central-West Orana REZ (CWO REZ). As such, the committee has produced this first report to shine a light on the CWO REZ, its unfolding impacts in the community and to help ensure that the same mistakes do not occur in the other REZs as they progress (21 August 2025). Access the terms of reference here and the first report here.
Indicators of vulnerability to modern slavery in property and construction
The Property Council of Australia’s ‘Human Rights and Modern Slavery Working Group’ creates industry-leading guidance to support members and stakeholders to address modern slavery risks in their operations and supply chains. Their latest guide supports their members and the wider industry to address the complex issue of modern slavery through the lens of vulnerability. It provides insights and indicators based on lived experience to help the sector take practical steps to prevent harm and support affected and vulnerable workers. The guide focuses on workers in Australian sites (14 August 2025). Read more here.
Kore v Intelligent Building Pty Ltd [2025] NSWDC 297
BUILDING AND CONSTRUCTION – Breach of residential building contract – delay – where building was to be completed within a specified time period – defective works – where both parties claim to have validly terminated building contract – whether monies awarded under an Adjudicator’s Determination and registered as a judgment debt can be recovered pursuant to s 32 of the Building and Construction Industry Security of Payment Act 1999 (NSW) – consequential loss incurred from renting alternative accommodation – Correct measure of damages for breach of building contract – whether sole director of building company is necessarily liable under the Design and Building Practitioners Act 2020 (NSW)
Building and Construction Industry Security of Payment Act 1999 (NSW) s 32; Civil Procedure Act 2005 (NSW) s 100; Design and Building Practitioners Act 2020 (NSW) ss 36, 37; Home Building Act 1989 (NSW) ss 92, 94, 96.
JM World Au Pty Ltd (in liq) v Kim [2025] NSWSC 995
CONTRACTS – construction and interpretation – where wholly written contract – dispute as to identity of a party – whether regard may be had to post-contractual conduct to identify party to contract.
CORPORATIONS – directors and officers – directors’ duties – whether directors have breached duties – no question of principle.
CORPORATIONS – Directors and officers – whether director should be relieved of liability under ss 1317S or 1318 of the Corporations Act 2001 (Cth) – no question of principle.
CORPORATIONS – winding up – Voidable transactions – where plaintiff contends payments to second defendant and related parties from company were unfair preferences or unreasonable director-related transactions or otherwise voidable – whether related parties were creditors – no question of principle.
EQUITY – equitable charges and liens – contribution to acquisition or improvement of another’s property – whether to impose an equitable charge – no question of principle.
Building and Construction Industry Security of Payment Act 1999 (NSW); Corporations Act 2001 (Cth), ss 180, 181 and 182; Evidence Act 1995 (NSW), s 140.
Southern Pacific Builders Pty Limited v Kelly [2025] NSWCATAP 194
BUILDING AND CONSTRUCTION – construction of clause concerning the fall to waste in bathrooms in the now superseded AS 3740-2010.
APPEALS-point of law about construction of clause in an Australian Standard-construction contended for by the Builder rejected-relevance to construction of an article in the ABCB Connect newsletter- appeal dismissed.
Civil and Administrative Tribunal Act (NSW) (2013); Home Building Act 1989 (NSW).
Scopelliti v Secretary, Department of Customer Service [2025] NSWCATOD 105
ADMINISTATIVE LAW- Home Building – application to vary contractor licence to the category of general building work – qualification requirements - verification of experience -death of supervisor.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Home Building Act 1989; Licensing and Registration (Uniform Procedures) Act 2002.
Thompson v Aboriginal Housing Office [2025] NSWCATAP 212
APPEAL – LEASES AND TENANCIES – whether substantial miscarriage of justice – error of law – reduction or withdrawal of goods, services or facilities – rent reduction – landlord’s obligation to repair and maintain – compensation.
Aboriginal Housing Act 1998 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Residential Tenancies Act 1987 (NSW); Residential Tenancies Act 2010 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW).
Colman v The Owners – Strata Plan 61131 [2025] NSWCA 203
CIVIL PROCEDURE – Court of Appeal – application for leave to appeal – whether primary judge constructively failed to exercise jurisdiction in determining whether the respondent had breached its obligations under s 106 of the Strata Schemes Management Act 2015 (NSW) – where none of the applicant’s contentions of error identified any arguable constructive failure to exercise jurisdiction by primary judge – where applicant therefore failed to identify issue of principle, question of public importance or reasonably clear injustice going beyond something merely arguable – where leave to appeal refused with costs.
Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 83(1); Strata Schemes Management Act 2015 (NSW), ss 9, 106, 232.
Shah v The Owners- Strata Plan No. 7655 [2025] NSWCATAP 215
APPEAL – STRATA TITLE – By-law imposing an absolute prohibition – whether harsh, unconscionable or oppressive.
Civil and Administrative Tribunal Act 2013; Strata Schemes Management Act 2015.
DAMAGES – measure of damages – misleading or deceptive conduct – where reliance on misleading conduct caused the appellants to agree to a contractual variation – measure of loss or damage suffered as a result of variation – cost of rectification – rectification costs for installation of cladding – reliance on expert quantity surveyor evidence – proportionate liability – whether reduction required under principles of proportionate liability – where respondents bound by case put in court below.
Australian Consumer Law (Cth), s 236; Australian Consumer Law (NSW), s 236; Building and Construction Industry Security of Payment Act 1999 (NSW); Civil Liability Act 2002 (NSW), s 34; Competition and Consumer Act 2010 (Cth), s 87CB, Pt VIA; Design and Building Practitioners Act 2020 (NSW); Fair Trading Act 1987 (NSW), s 28; Home Building Act 1989 (NSW), s 92; Supreme Court Act 1970 (NSW), s 75A.
Allan v Renfay Projects Pty Ltd [2025] NSWDC 357
BUILDING AND CONSTRUCTION – residential building work – claim by homeowner against builder for breach of statutory and contractual warranties.
CONTRACT – proper construction of standard form of Master Builders Association Residential Building Contract.
STATUTORY CONSTRUCTION – Home Building Act 1989 (NSW) – proper construction of s 18B and s 7E warranties as incorporated in contract.
STATUTORY CONSTRUCTION – Home Building Act 1989 (NSW) – proper construction of “relates solely” in Schedule 2 cl 2(2).
STATUTORY CONSTRUCTION – Home Building Act 1989 (NSW) – proper construction of “specific purpose or result” for purpose of s 18B(1)(f) – various defects the subject of the claim relating to leaking roof caused by and thus relating solely to defective design – claim dismissed.
STATUTORY CONSTRUCTION – Home Building Act 1989 (NSW) – to what extent can builder be liable for failures caused by design – The Owners – Strata Plan No 66375 v King [2018] NSWCA 170 distinguished and explained.
Environmental Planning and Assessment Act 1979 (NSW); Home Building Act 1989 (NSW) s 7E; s 18B; s 18F; Schedule 2.
Leo and Fang v Conrad Homes Pty Ltd [2025] NSWCATAP 231
Appeals – appeal against dismissal of application under cl 9(b) and the Civil and Administrative Tribunal Regulation – nature of decision.
Civil and Administrative Tribunal Act, 2013 (NSW); Civil and Administrative Tribunal Regulation 2013 (NSW); Corporations Act 2001 (Cth); Home Building Act 1989 (NSW).
Dama Building Group Pty Limited v CK Roofing Solutions Pty Limited [2025] NSWCATAP 226
APPEALS – appeals from an interlocutory decision to dismiss proceedings for the party’s failure to attend – hearing listed for in-person hearing – legal representative appeared by AVL to seek an adjournment – relevant principles for appeals under s 80(2)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).
Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 28, 51, 55, 80, cl12 of Sch 4; Civil and Administrative Tribunal Rules 2014 (NSW) r 25(4).
Orange Bins Group PL v CSS Holdings PL t/as Sydney Epoxy Coatings [2025] NSWCATCD 68
CONSUMER LAW – consumer claim – alleged breach of contract and of consumer guarantees – alleged breach of duty to landowner – unpaid balance of contract price – whether work completed and amount owing – scope of work – scope of liability – measure of damages – appropriate relief.
Australian Consumer Law (NSW); Competition and Consumer Act 2010 (Cth);Fair Trading Act 1987 (NSW).
LAND LAW – strata title – Strata Schemes Management Act 2015 (NSW) – whether timber decking is lot property or common property – duty of owners corporation to repair or replace – section 106 Strata Schemes Management Act 2015 (NSW) – whether duty breached – appropriate remedial orders.
Civil and Administrative Regulation 2022 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Conveyancing (Strata Titles) Act 1961 (NSW); Design and Building Practitioners Act 2020 (NSW); Home Building Act 1989 (NSW); Interpretation Act 1987 (NSW); Real Property Act 1900 (NSW); Strata Schemes Development Act 2015 (NSW); Strata Schemes (Freehold Development) Act 1973 (NSW); Strata Schemes (Freehold Development) Regulation 1997 (NSW); Strata Schemes Management Act 1996 (NSW); Strata Schemes Management Act 2015 (NSW); Strata Schemes Management Regulations 2016 (NSW).
Somaskanthan v Hayes [2025] NSWCATCD 74
BUILDING & CONSTRUCTION: Home Building – where Builder unlicensed at date of contract – no insurance – no contract in writing.
Home Building Act 1989.
PRACTICE AND PROCEDURE – summary disposal application.
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – improper conduct – show cause notice – whether notices given or served.
Electronic Transactions Act 2000 (NSW), ss 13, 13A; Home Building Act 1989 (NSW), ss 56, 59, 61, 62, 64, 123.
ADMINISTRATIVE REVIEW – Home Building Act 1989 – Design and Building Practitioners Act 2020 – disciplinary proceedings – disciplinary action – improper conduct – penalties – quantification of penalty – protection of consumers.
Design and Building Practitioners Act 2020 (NSW); Design and Building Practitioners Regulation 2021 (NSW); Environmental Planning and Assessment Act 1979 (NSW); Home Building Act 1989 (NSW).
EFC Constructions Pty Limited v Malik [2025] NSWCATAP 219
APPEALS – error on question of law – denial of procedural fairness – leave to appeal – decision not fair and equitable – decision against weight of evidence – significant new evidence not reasonably available at the hearing – withdrawal of admission.
BUILDING AND CONSTRUCTION – interpretation of residential building work re flooring under s 2(3)(k) of Schedule 1 to the Home Building Act 1989 (NSW) – work order or money order having regard to s 48MA of the Home Building Act 1989 (NSW) – acceptance of expert evidence Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
Lawrence v Ciantar No 3 [2025] NSWCATAP 217
Costs – where claim for $484,347 made under the Home Building Act 1989 dismissed as out of time – ancillary decision – where appeal dismissed – costs on appeal under r 38A of the Civil and Administrative Tribunal Act follow the event.
Civil and Administrative Tribunal Act 2013 (NSW) ss 50, 52, 60; Home Building Act 1989 (NSW) s 48K.
Sammut v Lawrence [2025] FCA 1040
BANKRUPTCY AND INSOLVENCY – applications to set aside two bankruptcy notices – whether the applicant has a counter-claim, set-off or cross demand equal to, or in excess of, the judgment debt pursuant to s 40(1)(g) of the Bankruptcy Act 1966 (Cth) that could not have been set up below – whether the issue of the bankruptcy notices are an abuse – applications dismissed.
PRACTICE AND PROCEDURE – application for a vexatious proceedings order under s 37AO of the Federal Court of Australia Act 1976 (Cth) – whether the applicant has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals – vexatious proceedings order made.
Bankruptcy Act 1966 (Cth) ss 40(1)(g), 41(2A)(a), (7); Evidence Act 1995 (Cth) s 91; Federal Circuit and Family Court of Australia Act 2021 (Cth) s 8(2); Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions Act 2021 (Cth) sch 5 s 18(a); Federal Court of Australia Act 1976 (Cth) Pt VAAA, ss 37AM, 37AO, 37AR, 37M; Building and Construction Industry Security of Payment Act 1999 (NSW); Civil and Administrative Tribunal Act 2013 (NSW) s 60(1); Home Building Act 1989 (NSW); Legal Profession Uniform Law Application Act 2014 (NSW) ss 74(2), 75(1)(a), 79(a), 83–89; Limitation Act 1969 (NSW) s 14; Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW).
FZK v Australian Securities and Investments Commission (No 2) [2025] NSWCATAP 197
APPEALS – whether utility where no practical consequences for the parties – principles – appeal dismissed.
Civil and Administrative Tribunal Act 2013 (NSW), ss 64, 80, 81.
Patel v Globe Ventures Aust Pty Ltd (No 2) [2025] NSWCATCD 64
COSTS – r 38 Civil and Administrative Tribunal Rules 2014 (NSW) – owner the successful party – owner unsuccessful on some defect items – proportionate costs order inappropriate – order each party bear is own costs inappropriate – respondent to pay applicant’s costs as agreed or assessed.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
Nathan v Dunn [2025] NSWDC 339
CIVIL PROCEDURE – amendments to plead statute barred cause of action – consideration of operation of ss 64 and 65 Civil Procedure Act 2005
Civil Procedure Act 2005 (NSW) ss 64, 65; Design and Building Practitioners Act 2020 (NSW) s 37; Home Building Act 1989 (NSW) s 18B.
Pan v St George Design & Construction Pty Ltd [2025] NSWCATCD 76
BULDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – section 18E Home Building Act 1989 (NSW) – major defect – whether defects are major defects – appropriate method to rectify.
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – successor in title – extension of statutory warranties – knowledge of owner when purchased property – extent and nature of defects at date of purchase – causation.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
Pan v St George Design & Construction Pty Ltd (No 2) [2025] NSWCATCD 77
COSTS – r 38 Civil and Administrative Tribunal Rules 2014 (NSW) – Calderbank offer – whether unreasonably refused.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Health Practitioner Regulation National Law 2009 (NSW); Home Building Act 1989 (NSW).
Proclamations commencing Acts
Regional Communities (Consultation Standards) Act 2024 No 70 (2025-409) – published LW 15 August 2025
Regulations and other miscellaneous instruments
Industrial Relations Commission (Amendment No 1) Rules 2025 (2025-412) – published LW 15 August 2025
Water Sharing Plan for the Belubula Regulated River Water Source 2025 (2025-416) – published LW 15 August 2025
Work Health and Safety Amendment (Silica Worker Register) Regulation 2025 (2025-417) – published LW 15 August 2025
Property (Relationships) Regulation 2025 (2025-433) – published LW 22 August 2025
Protection of the Environment Operations (Waste) Amendment (Waste Facility Contributions) Regulation 2025 (2025-435) – published LW 22 August 2025
Sydney Water Regulation 2025 (2025-437) – published LW 22 August 2025
Water Management (General) Regulation 2025 (2025-438) – published LW 22 August 2025
Water Management (Water Supply Authorities) Regulation 2025 (2025-439) – published LW 22 August 2025
Work Health and Safety Regulation 2025 (2025-440) – published LW 22 August 2025
Contaminated Land Management (Adjusted Amounts) Notice 2025 (2025-448) – published LW 29 August 2025
Determination [Biodiversity Conservation Act 2016] (2025-449) – published LW 29 August 2025
Legal Profession Uniform Law Application Regulation 2025 (2025-453) – published LW 29 August 2025
Mining Amendment (Arbitration) Regulation 2025 (2025-456) – published LW 29 August 2025
Valuation of Land Regulation 2025 (2025-464) – published LW 29 August 2025
Environmental Planning Instruments
Berrigan Local Environmental Plan 2013 (Amendment No 5) (2025-418) – published LW 15 August 2025
Camden Local Environmental Plan Amendment (Precincts—Western Parkland City) 2025 (2025-419) – published LW 15 August 2025
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 18) (2025-420) – published LW 15 August 2025
Cumberland Local Environmental Plan 2021 (Amendment No 10) (2025-421) – published LW 15 August 2025
Mid-Western Regional Local Environmental Plan 2012 (Map Amendment No 17) (2025-422) – published LW 15 August 2025
State Environmental Planning Policy Amendment (Central Precinct) 2025 (2025-423) – published LW 15 August 2025
The Hills Local Environmental Plan 2019 (Map Amendment No 4) (2025-424) – published LW 15 August 2025
Newcastle Local Environmental Plan 2012 (Amendment No 57) (2025-441) – published LW 22 August 2025
The Hills Local Environmental Plan 2019 (Amendment No 34) (2025-442) – published LW 22 August 2025
Willoughby Local Environmental Plan 2012 (Amendment No 40) (2025-434) – published LW 22 August 2025
Ballina Local Environmental Plan 2012 (Amendment No 57) (2025-466) – published LW 29 August 2025
Bayside Local Environmental Plan 2021 (Amendment No 12) (2025-467) – published LW 29 August 2025
Liverpool Local Environmental Plan Amendment (Exempt and Complying Development Codes—Landcom Site) 2025 (2025-468) – published LW 29 August 2025
Maitland Local Environmental Plan 2011 (Map Amendment No 7) (2025-469) – published LW 29 August 2025
Parramatta Local Environmental Plan 2023 (Amendment No 17) (2025-470) – published LW 29 August 2025
Shoalhaven Local Environmental Plan 2014 (Amendment No 58) (2025-471) – published LW 29 August 2025
Bills assented to
Electricity Infrastructure Investment Amendment (Priority Network Projects) Act 2025 No 44 – assented to 13 August 2025
Community Housing Providers (Adoption of National Law) Amendment Act 2025 No 49 – assented to 15 August 2025
Conveyancing and Real Property Amendment Act 2025 No 50 – assented to 15 August 2025
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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