By Daniel Russell and Katherine Flynn -
- The Home Building Amendment Act 2014 makes substantial changes to some parts of the Home Building Act 1989
- Many of the provisions have retrospective application and will apply to proceedings and insurance claims not brought before the commencement of the amendments
- A general exception to any retrospective operation is provided for with respect to proceedings brought or insurance claims made prior to the amendments commencing
- As with past experiences, only time will tell how the provisions are interpreted by the courts
On 28 May 2014, the Home Building Amendment Act 2014 (Amendment Act) passed through the NSW Parliament and received assent on 5 June 2014. It will commence on a date to be proclaimed.
The Amendment Act introduced some key changes to the Home Building Act 1989 (NSW) (the Act).