FAQs

Get Answers for Your Building, Estate & Employment Law Questions in Penrith, Blue Mountains & Greater Sydney

  • What Do I Do if the Home Warranty Insurer Denies My Home Warranty Insurance Claim?

    If the Home Warranty Insurer either denies your claim or you are not happy with the amount of the claim they approve, you can bring an insurance appeal either to NCAT or to the court. You have 45 days after notification of the Insurer’s determination in which to bring such an appeal.

  • What Does Home Warranty Insurance Cover Provide?

    A claim may be able to be made for loss or damage for:

    • Breach of statutory warranty
    • Faulty design
    • Cost of alternative accommodation, removal and storage costs reasonably and necessarily incurred
    • Loss of deposit or progress payment
    • Materials and components used in kit home not suitable for purpose
    • Faulty design or non-supply of a kit home
    • Non-completion of work due to early termination of the building contract (because of the Builder or Supplier’s failure or refusal to complete the work)
    • Legal or other reasonable costs incurred in seeking to recover compensation from the Contractor or Supplier for the loss or damage or the taking of action to rectify the loss or damage

  • How Do I Make a Claim Under My Home Warranty Insurance?

    If your home was completed prior to 1 July 2002 and within a 7-year period of making a claim, the claim is made directly to the Home Warranty Insurer. You should contact the Home Warranty Insurer who will provide you with a claim form. The claim form is then completed and returned to the Insurer who will make a determination as to whether or not your claim was accepted or denied. 


    If your home was completed on or after 1 July 2002 then a claim must first be made against the Builder. If the homeowner cannot recover compensation or have any defects rectified due to the insolvency, death or disappearance of the Builder a claim can then be made to the Insurer. Again a claim form must be completed and the Insurer will make a determination as to whether or not they will accept or deny the claim. You should ensure that appropriate notice is given to your Insurer of the claim against the Builder within the periods specified in your Home Owners Warranty Insurance Policy.

  • What is Home Warranty Insurance?

    Under the Home Building Act, the New South Wales Government has set up a system of Home Warranty Insurance relating to residential building claims. The insurance is required for any residential building work where the work requires a building licence and is now valued at over $20,000. It must be obtained by the Builder and a certificate given to the homeowner prior to taking any money on the contract and prior to commencing the work.


    Are there any time limits for bringing a claim to the CTTT and Courts?


    Various time limits apply both in relation to claims to  NCAT and to the Courts. The major time limits that currently apply are as follows:


    a. A 3-year limit for claims for building services supplied or not supplied

    b. 6-year limit for claims for breaches of statutory warranty under the construction or building contract for structural defects and 2 years for non-structural defects.

  • Are There Any Time Limits for Bringing a Claim to the Courts?

    Various time limits apply both in relation to claims to NCAT and to the Courts. The major time limits that currently apply are as follows:


    a. A 3-year limit for claims for building services supplied or not supplied

    b. 6-year limit for claims for breaches of statutory warranty under the construction or building contract for structural defects and 2 years for non-structural defects.

  • What Do I Do if There is a Dispute Over a Residential Building?

    In New South Wales, residential building disputes are covered by the Home Building Act 1989 and its accompanying regulations. There are dispute resolution procedures undertaken by the Office of Fair Trading but if no resolution is reached then a building claim can be lodged with NCAT. 


    Claims over $500,000 can be lodged with either the District Court or the Supreme Court depending on the amount of the claim. A building claim can be lodged by either the Owner or Builder where defective work is involved or where money is owing pursuant to the building contract.

  • Are There Any Time Limits to Make a Security of Payments Claim?

    The Act provides a very strict time regime for the making of payments claims and serving of payment schedules as well as bringing adjudication applications. If you have any issue relating to the Security of Payments Act then you should contact Michael Atkinson to discuss your particular problem.

  • What is a Payment Claim?

    A payment claim must:


    a. Identify the construction work or related goods or services

    b. Indicate the claimed amount

    c. State that the claim is made under the Act

  • What is a Payment Schedule?

    A payment schedule is the Builder or Principal’s response to a payment claim and is to set out whether the party who has received the payment claim either admits or denies liability for that claim. A payment schedule must:


    a. Relate specifically to the payment claim

    b. Identify the amount which will be paid

    c. If less than the amount is claimed, identify the reasons for choosing to pay the total amount

  • What is the Security of Payment Act and How Does It Affect Me?

    The Building & Construction Industry Security of Payment Act affects every contract entered into between a Contractor and Commercial Client, Sub-Contractor or Supplier. It does not apply to residential building work. The purpose of the Act is to provide a Sub-Contractor with a quick means of enforcing progress payments. If you are a Sub-Contractor or Supplier then a payment claim can be made and a strict payment regime and adjudication regime is set out to enable either quick payment or adjudication resolution. 


    There are five basic steps to the Act, namely:


    a. A payment claim is made by a Sub-Contractor or Supplier of goods and services

    b. A payment schedule is provided by the Builder or Principal in response to a payment claim

    c. An application for adjudication

    d. A determination by an Adjudicator

    e. An option to obtain judgment from Court if no payment schedule is provided

  • How Long Do I Have to Make a Family Provision Claim?

    If the deceased died on or after 1 March 2009 any application must be made within twelve months of the date of the death of the deceased. Further, the Court is able to make orders relating to any notional property of the deceased, which could include any property that has been transferred up to 3 years prior to the date of death.

  • What Factors Are Taken Into Account to Show That I Have a Need for Provision to Be Made?

    A Court will only make provision for an eligible person if that person can show that there is a need for the provision to be made for their maintenance, education or advancement in life. In general, terms that will relate to the needs of the eligible person. 


    Typical factors taken into account are:


    a. Any financial or non-financial contribution made by the eligible person

    b. The character and conduct of the eligible person before and after the death of the deceased

    c. The circumstances existing before and after the death of the deceased

  • Who is an Eligible Person to Bring a Family Provision Claim?

    The Succession Act defines an eligible person to be either:


    a. A person who is the wife or husband of the deceased person at the time of the deceased person’s death

    b. A person with whom the deceased person was living in a de-facto relationship at the time of the deceased person’s death

    c. A child of the deceased person

    d. A former wife or husband of the deceased person

    e. A person:

    i. Who was, at any particular time, wholly or partly dependent on the deceased person 

    ii. Who is a grandchild of the deceased person or was at that particular time or at any other time, a member of the household of which the deceased person was a member

    f. A person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death

  • What Can I Do if I Feel I Have Been Unfairly Treated in a Will?

    If you feel you have been left out of a will or feel aggrieved as to the amount that you have been given then in New South Wales a claim can be made under the Succession Act 2006. To be able to bring a claim you must be an eligible person and you must be able to show that there is a need for a provision to be made for your maintenance, education or advancement in life.

  • What Happens if I Feel I Have Been Unfairly Dismissed by My Employer?

    You could be entitled to bring an unfair dismissal claim if:


    a. Your dismissal from your employment was harsh, unjust or unreasonable

    b. The dismissal was not consistent with the Small Business Fair Dismissal Code (if applicable)

    c. Your dismissal was not a case of genuine redundancy 


    Any unfair dismissal claim to Fair Work Commission needs to be made within 21 days from the date of dismissal. Late applications may be accepted but only in exceptional circumstances.

  • What is Harsh, Unjust or Unreasonable?

    In considering whether a dismissal was harsh, unjust or unreasonable Fair Work Commission must take into account the following factors:


    a. Whether there was a valid reason for the dismissal

    b. Whether you were notified of that reason

    c. Whether you were given an opportunity to respond

    d. Any unreasonable refusal by your Employer to allow you to have a support person present to assist at any discussions relating to dismissal

    e. If the dismissal is related to unsatisfactory performance whether you had been warned about that unsatisfactory performance before the dismissal

    f. The degree to which the size of the Employer’s enterprise would be likely to impact on the procedures followed in effecting the dismissal

    g. The degree to which the absence of a dedicated Human Resource Management Specialist or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal

    h. Any other matters that Fair Work Commission considers relevant

Do you still have questions? Call us on 1800 013 628 for more information or to discuss your specific problem.

Share by: