Publications
Project Lawyers produce a range of publications in their specialist areas of expertise designed to keep you informed about legal developments potentially relevant to your project, business or personal affairs. These publications are for general information purposes only. Please contact our team should you require any information regarding the contents of these publications.
No VPA, No Worries – Dedication of land for a road without a VPA
On 2 March 2023, Commissioner Horton handed down the decision in the matter of Urban Apartments Pty Ltd v Penrith City Council [2023] NSWLEC 1094. Commissioner Horton accepted that consent for a development application for subdivision that incorporates a proposal to...
New regulations surrounding the Design and Building Practitioners Act 2020 implemented in NSW
The Building Legislation Amendment (Building Classes) Regulation 2023 (Regulation) was published by the NSW Government on 24 February 2023 and brought with it a raft of changes that are expected to affect builders, developers, owners corporations and more generally,...
Emergency remedial building work permitted under the Design and Building Practitioners Act 2020
There has been uncertainty regarding the applicability of the Design Act to emergency rectification work. This uncertainty has paved the path for NSW Fair Trading to issue a guideline explaining the obligations for emergency remedial building work under the Design and...
Are you a concurrent wrongdoer? Proportionate liability applies to claims under the Design and Building Practitioners Act 2020
On 23 February 2023, the NSW Supreme Court handed down its decision in The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWSC 116. Justice Rees confirmed that if a defendant is in breach of the non-delegable statutory duty of care under section 37 of the...
NSW Supreme Court highlights the importance of investigating and identifying defects early and sufficiently particularising a claim under the Design and Building Practitioners Act 2020
On 7 February 2023, Ball J delivered the decision in The Owners-Strata Plan 86807 v Crown Group Constructions Pty Ltd [2023] NSWSC 44 (Crown). In Crown, The Owners – Strata Plan 86807 (Owners Corporation) sought leave to file an amended summons and Amended Technology...
NSW Court of Appeal confirms statutory duty of care under the Design and Building Practitioners Act 2020 (NSW) applies to all buildings
On 10 February 2023, the NSW Court of Appeal, consisting of Ward P, Kirk JA and Griffiths AJA, delivered the decision of Roberts v Goodwin Street Developments Pty Ltd [2023] NSWCA 5 (Roberts v Goodwin), confirming the earlier Supreme Court decision that the statutory...
Court Rejects New Contract Entered into Relating to Defect Rectification Works
Court Rejects New Contract Entered into Relating to Defect Rectification Works In the recent judgment of James v Jandson Pty Ltd [2022] NSWSC 1686, the Supreme Court dismissed an appeal by a homeowner seeking to appeal out of time for breach of statutory watrrranties...
What Constitutes the Making of a Development Application?
What Constitutes the Making of a Development Application? The date on which a development is properly made is important when dealing with transitional and savings provisions relating to the repeal and replacement of environmental planning instruments (SEPPs, LEPs),...
Court Rejects Bias Allegations Against Local Planning Panel
Court Rejects Bias Allegations Against Local Planning Panel In the recent case of Seek Justice Pty Ltd v Minister for Planning [2022] NSWLEC 127, the applicant sought to challenge the determination of the Blue Mountains Local Planning Panel (Panel) in relation to an...
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