Hill v Construction Occupations Registrar; Jones v Construction Occupations Registrar (Administrative Review) [2021] ACAT 21

On 10 December 2019, the Building and Construction Legislation Amendment Act 2019 amended the Construction Occupations (Licensing) Act 2004 (COLA) among other things to allow for rectification orders to be made in relation to directors of licensed corporations. The...

The Owners – Units Plan No 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCA 115; The Owners – Units Plan No 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCAFC 227

These cases involved a large residential apartment complex in Bruce called Elara Apartments which suffered from significant building defects. Elara Apartments was constructed by B & T Constructions (ACT) Pty Ltd (the Builder). Initially the owners corporation...

Davies & Anor v Capital Homes Pty Ltd (Civil Dispute) [2017] ACAT 111

Benjamin John Davies and Prue Davies (the applicants) signed an ACT Home Building Contract on 2 March 2014 with Capital Homes Pty Ltd (the respondent) to build a home at Coombs, ACT. On 7 March 2015, the applicants notified the respondent of defects in an area...

Can an interim occupation certificate be used for the purpose of determining the completion date of building works?

This was one of the issues before the Court in the recent case of Dyldam Developments Pty Ltd v The Owners – Strata Plan 85305 [2020] NSWCA 327. Completion of building work occurs on the date of issue of an occupation certificate that authorises the occupation and use...