At present, the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act) and the regulatory and compliance provisions of the Design and Building Practitioners Act 2020 (DBP Act) apply only to class 2 (multi-unit residential) buildings. The Building Legislation Amendment (Building Classes) Regulation 2023, published on 24 February 2023, extends the RAB Act and the … [Read more…]
In June 2022 we discussed the Independent Commission Against Corruption (ICAC) forum’s examination into the legality and ethics of pork barrelling in politics. A year later, the NSW Government has passed the Government Sector Finance Amendment (Grants) Bill 2023 (NSW) (GSFA Bill), designed to strengthen government accountability in the use of public funds by Ministers and government staff. … [Read more…]
The Queensland Court of Appeal has dismissed an appeal to set aside a permanent stay by Joanne Willmot (the Appellant) who alleges she sustained a psychiatric injury as a result of sexual and physical abuse over 50 years ago while in the care of the State of Queensland. Background The Appellant sued the State of … [Read more…]
Following reports of serious defects in recently completed and occupied residential apartment buildings, a new scheme was launched by the Building Commissioner in November 2022 known as Project Intervene. This offers willing parties a pathway to remediate serious defects as an alternative to litigation. The scheme provides a platform for owners corporations to have serious … [Read more…]
In brief A recent decision of the Federal Court of Australia provides some useful lessons for M&A buyers seeking to make warranty claims against a seller, and for M&A sellers hoping to avoid such claims. Contents Key takeaways In depth The decision Lessons for buyers Lessonsfor sellers Conclusion Key takeaways M&A buyers should: When negotiating … [Read more…]
With the imminent stand up of the High Speed Rail Authority (HSRA) on 13 June (and, dare we say it, the return to our screens of the fictional Nation Building Authority on 7 June), it seems the opportune month for a close look at rail. We also have the benefit of the recent publication of Dr … [Read more…]
In this week’s TGIF, we consider the Court of Appeal’s decision in Anchorage Capital Master Offshore Ltd v Sparkes [2023] NSWCA 88 and the challenges faced by lenders in accepting representations as to solvency and the financial position of borrowers. Key takeaways It is increasingly difficult to satisfy courts that a company is insolvent because … [Read more…]
With the State election in NSW over, incoming Ministers have no doubt been busying themselves with a high volume of incoming Ministerial Briefings on a range of issues across every portfolio. Undoubtedly, at the top of the list of a number of Ministerial portfolios – not just Housing and Planning – is the housing supply … [Read more…]
Jurisdiction in work health and safety prosecutions can be complex. This is because prosecutions can be brought under various pieces of legislation which trigger different jurisdictions. The jurisdiction which is triggered determines not only the court in which a prosecution is to be commenced, but also the broader system. The system in which a prosecution … [Read more…]
No permit, not on title? Still liable as an owner-builder In a recent decision, the Appeal Panel has expanded the circumstances in which a person may be considered an “owner” and an “owner-builder” and therefore owe statutory warranties under the Home Building Act 1989 (NSW) (HBA). Background In 1995, the appellant bought a property in his daughter’s name. … [Read more…]