JUNE 2025 UPDATE
Building industry does the heavy lifting
Australia’s economy is slowing, but it’s the country’s builders who are doing the heavy lifting.
This month’s national account figures showed that GDP growth slowed to just 0.2 per cent in the March 2025 quarter, the weakest result in almost a year.
However, building and construction activity expanded by 2.2 per cent, making it a standout performer. Without the construction industry, Australia’s economy would have slipped into negative territory.
As we near the end of the National Housing Accord’s first year, we are still not building homes at a fast enough rate to meet government targets. In addition, productivity in the construction sector is at an all time low, with it taking twice as long to build a home now as it did a decade ago.
If our new Federal Government is serious about boosting the economy and building more homes, the first step is to finally take serious action on fixing our broken planning systems and streamlining the complexity and red tape that is hindering our economy.
Brett Vincent, Founder & Partner Construction
CONSTRUCTION
The risk of joint contractual obligations in construction contracts
The case of Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd [2025] NSWSC 322 highlights the importance of correctly understanding joint contractual obligations. It also demonstrates the need for a party to raise any concerns about cost overruns or tendering with the builder promptly during construction.
COMMERCIAL & INSOLVENCY
Defects in statutory demands – why attention to detail matters
This article contains a case note on the recent decision of Omaya Investments Pty Ltd and Omaya Holding Pty Ltd v The Owners – Strata Plan No. 81539 [2024] NSWSC 1664. In that case, the Court considered whether defects in a statutory demand caused substantial injustice.
The judgment serves as a reminder to carefully and accurately draft a statutory demand to avoid unnecessary legal costs arising from an application to set it aside.
PROPERTY
Limited protection for tenants facing relocation notices
Cheng v Sydney Markets Ltd; Gao v Sydney Markets Ltd; Weng v Sydney Markets Ltd [2024] NSWSC 755
A recent court case has highlighted the limited protection available to tenants who receive relocation notices under NSW retail leasing laws.
Part of Paddy’s Market was recently redeveloped into the new Hay St Market, a modern food and beverage hub. To enable the redevelopment, the landlord issued relocation notices to 25 stallholders under section 34A of the Retail Leases Act 1994 (NSW). Three of these tenants unsuccessfully challenged the validity of the notices in the NSW Supreme Court in Cheng v Sydney Markets Ltd; Gao v Sydney Markets Ltd; Weng v Sydney Markets Ltd [2024] NSWSC 755.
MEET THE TEAM
Rebecca Salib – Associate
Building is in Rebecca Salib’s blood. Having started her career in psychology, Rebecca brings a unique human perspective to her approach to construction law.
Rebecca’s advice to other budding lawyers? “Stay curious. Don’t be afraid to ask questions or admit when you don’t know something—that’s how you learn. Also, remember that law is a people profession—your relationships and how you communicate are just as important as your legal knowledge.”
We take a moment to find out more about Rebecca and what lights her up