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Demand for HomeBuilder Grant scheme exceeds Government Expectations

The Federal Housing Minister and the Treasury have been in the media in recent weeks discussing the Federal Government’s HomeBuilder scheme, with recent figures showing that the demand for the scheme is nearly double that predicted by the Treasury, anticipated to cost the Government around $2 billion. What is the HomeBuilder Grant? The HomeBuilder scheme […]
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The Purchase of Real Estate by Foreign Persons, and the Inadvertent Foreign Person Trust

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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Mine subsidence certificates to be discontinued on 30 September 2019

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 […]
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Private certifiers and duty of care

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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Insolvent Builders: Review of decisions about home warranty insurance payouts

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 […]
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Can I use surveillance footage of my builder in a residential building dispute?

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. […]
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