Koundouris v Construction Occupations Registrar & Ors (Administrative Review)

In the case of Koundouris v Construction Occupations Registrar & Ors, the dispute revolves around a rectification order made concerning issues of water ingress and façade cracking. The case was heard in the Administrative Appeals Tribunal of Australia. The applicant, Koundouris, challenged the validity of the rectification order, asserting that it was issued beyond the ten-year time limit.

The primary legal issues before the court were whether the rectification order was issued outside the permissible time frame and if the specified measures for addressing water ingress and façade cracking were appropriate and enforceable. The court had to consider statutory provisions governing the time limits for issuing such orders and evaluate the adequacy of the proposed rectification works as detailed in the order.

The court examined the statutory framework governing the issuance of rectification orders, determining that the order in question was indeed made beyond the ten-year limit. However, the court also assessed the details of the rectification works outlined in the order. It found that for cracks wider than 15mm, the rectification work should be overseen by a qualified structural engineer engaged by the builder. The court emphasized the necessity for waterproofing measures on specific balconies and mandated detailed inspection protocols to ensure the work's effectiveness. The court concluded that while the timing was an issue, the specified rectification works were generally appropriate and should be enforced with modifications to comply with the statutory time frame.

The court set aside the existing rectification order and directed the Registrar to circulate a draft of a new order to the parties, with suggested amendments to be submitted by the other parties prior to the hearing. This ensures that the new order is both timely and legally compliant.