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Building Cladding Crisis and Orders

In the light of the current crisis around building cladding, the NSW Government is sending Notices of Intention to Issue an Order to buildings it suspects of having flammable wall cladding. Please see the typical letter being sent to owners corporations by the NSW Government enclosing the Notices of Intention to Issue an Order. The…

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Australian Building Codes Board has published additional information on Non-Conforming Building Products

The Australian Building Codes Board has added a new page to its website entitled “Non-Conforming Building Products”. This webpage is presumably a response to various concerns raised about the risks of using substandard products or materials (‘non-conforming’), or using products and materials incorrectly (‘non-complying’). The new webpage has general information on non-conforming building products (NCBP)…

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Case Note: Expert Evidence: Can an expert make a compromise?

The Uniform Civil Procedure Rules 2005 (NSW) authorise the referral of certain matters in litigated proceedings to an independent referee. The referee’s determination of the referred matters can then be adopted or rejected by the court. The importance of expert evidence and, in particular, the joint report prepared by the experts for the referee, is…

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Storm Clouds Ahead for Owners Corporations (NSW version)

On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which has serious implications for apartment owners. The case involved a long-running dispute between the appellant builder, Brookfield, and the respondent owners corporation with respect to building defects in the common property…

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Implementation of Home Building Amendments Delayed to Mid-January 2015

The Minister for Fair Trading this morning announced that the Home Building Amendment Act 2014 is now expected to commence in mid-January 2015. Up until today it was expected to commence on 1 December 2014. The Minister says consumers’ “protections and rights would remain intact under the new home building reforms” and further, consumers “continue…

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