Under the Australian Government’s foreign investment framework, foreign persons are required to apply for foreign investment approval before purchasing residential real estate in Australia. The Government’s policy is to channel foreign investment into new dwellings. Consistent with this aim, different factors apply depending on whether the type of property being acquired will increase the housing […]
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On 15 November 2019 the Civil and Administrative Tribunal New South Wales handed down its decision in The Owners Strata Plan No 92888 v Taylor Construction Group Pty Ltd and Frasers Putney Pty Ltd [2019]. This decision is the first of its kind and sure to send shockwaves through the construction industry in the wake […]
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I previously wrote an article about the duty of care owed by a principal certifying authority to prospective purchasers in the wake of media attention surrounding private certifiers (view article) and the likelihood of reform. Given the recent tragic events with the Mascot Towers it might be an opportune time to revisit this issue, and […]
More On 30 September 2019 Subsidence Advisory NSW (formerly the Mine Subsidence Board) is discontinuing issuing certificates of compliance for properties under Section 15 of the former Mine Subsidence Compensation Act 1961 (“the 1961 Act”). Currently what’s known as a 15B Certificate confirms that a property complies with Subsidence Advisory NSW’s requirements under the 1961 Act […]
More Do certifiers owe a duty of care to prospective purchasers when issuing an occupation certificate? There has been quite a lot of media attention recently around the role of private certifiers appointed and paid by developers to certify their residential developments. Depending on the outcome of the upcoming State election, there may well be some […]
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A recent decision of the Supreme Court of NSW highlights the difficulty that can be encountered when contracts are signed with suppliers of products or services and those suppliers are located outside of your state or territory. In the proceedings in question of the four parties to the proceedings, three were Australian entities and carried […]
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Residential building is booming in the Hunter and builders are busy. Its increasingly common for homeowners to sign a fixed price contract for the building works but have no actual building work start for 12 to 18 months after the contract is signed. In some cases, shortly before building works are due to start, the […]
More The demise of Huxley Homes has produced a steady stream of home warranty insurance claims. The NSW Civil and Administrative Tribunal (Tribunal) has jurisdiction to consider and determine appeals against decisions by home warranty insurers. A claimant has 45 days from receipt of the decision of the insurer in respect of their claim to lodge […]
More The NSW Civil and Administrative Tribunal (NCAT) has recently considered this issue in the case of Mulhearn v Merit Homes Pty Limited [2015] 19 November 2015. In this case, the Home Owners installed a video surveillance device on a neighbour’s property which was directed at their own house and recorded the activities of the Builder. […]
More During 2015, the terms “Structural Defects” and “Non-Structural Defects” were removed from the statutory warranty provisions of the Home Building Act 1989. These terms were replaced by “Major Defects” and “Other Defects”. This change was to more than just the terminology. The definition of Major Defect is more restrictive than the previous “structural defects” which […]
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