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.
Changes to Local Planning Panels in NSW
Changes to Local Planning Panels in NSW The Minister for Planning has issued a new direction to Local Councils in relation to the constitution and operation of Sydney District and Regional Planning Panels and Local Planning Panels in NSW, which takes effect on 24...
Compensation for Land Acquired for Underground Rail Tunnels
Compensation for Land Acquired for Underground Rail Tunnels Compensation for land compulsorily acquired for a railway tunnel will only be possible where a claimant can satisfy one of the criteria set out in clause 2 of Schedule 6B of the Transport Administration Act...
Project Lawyers successfully obtains approval for development consent to construct a childcare centre
In a recent decision, Artmade Architectural Pty Ltd v The Hills Shire Council [2022] NSWLEC 1712, we acted for the applicant, Artmade Architectural Pty Ltd, who commenced an appeal under s 8.7(1) of the Environmental Planning and Assessment Act 1979 against the...
The duty to mitigate and the duty to repair and maintain common property
On 28 November, the Supreme Court of NSW delivered its judgment in Smith v Owners – Strata Plan No. 3004 [2022] NSWSC 1599. The judgment related to the application of sections 106(1) and 106(5) of the Strata Schemes Management Act 2015 (NSW) (SSM Act), and whether the...
When is a payment schedule “provided” under the Building and Construction Industry Security of Payment Act 1999 (NSW)?
It is common ground, that a respondent must “provide” a payment schedule in response to a payment claim within 10 business days under s 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act). If, after 10 business days of being...
Adding new defects to an existing claim for breach of statutory warranties under the Home Building Act 1989 (NSW)
On 24 August 2022, the NSW Supreme Court delivered its decision in The Owners – Strata Plan No 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123. Justice Stevenson confirmed that an owners corporation is entitled to add new defects to an existing claim for...
The NSW Supreme Court confirms that directors of building companies and site supervisors owe a duty of care under the Design and Building Practitioners Act 2020 (NSW)
On 12 October 2022, the NSW Supreme Court handed down its decision in Boulus Constructions Pty Ltd v Warrumbungle Shire Council [2022] NSWSC 1368 (Boulos). In Boulos, Justice Stevenson confirmed that directors of building companies and site supervisors owe a duty of...
Class 3 and Class 9c buildings potentially captured in the Design and Building Practitioners Act 2020 and Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020
Background As part of its reforms aimed at restoring confidence and improving the compliance and enforcement systems in the building and construction industry in NSW, the NSW Government introduced the Design and Building Practitioners Act 2020 (DBP Act) and the...
Builders and Developers rated as trustworthy by iCIRT
As part of the Construct NSW strategy, the Office of the Building Commissioner has released a five star-rating system known as the Independent Construction Industry Ratings Tool (iCIRT). Created by global rating firm Equifax, iCIRT is a voluntary tool that allows...
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