24th May, 2021

Chambers Russell, specialists in residential building defect law, and Levitt Robinson, class action activist lawyers, have joined forces to offer a litigation alternative which may present a better and more cost-effective solution to owners suffering from subsidence of land in Spring Farm.

Chambers Russell and Levitt Robinson are currently investigating actions against all persons who may be liable to owners. Current media reports suggest that a class action being taken by certain owners will not include the taking of action under the Home Building Act against the building companies which constructed dwellings at Spring Farm. It is unclear why this is the case.

According to Scott Chambers and Daniel Russell, the senior partners at Chambers Russell, if such an action is available, then it likely presents as a straighter and faster route home than the class action that has been filed in the Supreme Court.

One of the additional benefits of taking such action is that nearly all construction at Spring Farm will be subject to a policy of Home Building Compensation Fund insurance backed by the New South Wales Government. With limited exception, this insurance is required by law for all residential building work over the value of $20,000. The policies may be claimed on, within their terms, where the original contractor of a dwelling dies, disappears or becomes insolvent. However, to take the benefit of any such insurance then it is critical that owners have properly notified any losses and suspected defects in their properties within the strict timeframes required under those policies.

The investigations that Chambers Russell and Levitt Robinson are undertaking are aimed at determining whether it will be commercially advantageous for owners to pursue contractors directly or participate in a class action. Stewart Levitt said:

“Because of the large number of affected persons and potential defendants, Chambers Russell and Levitt Robinson Solicitors have joined forces for this undertaking. If a viable cause of action can be taken against the original contractors, then it may be in the interests of owners to take direct action against those individuals rather than participate in a class action. But there may also be alternative and better funding arrangements that materialise once our investigations are completed.”

In order to register your interest in having Chambers Russell and Levitt Robinson investigate the circumstances of your case at no cost then please fill in the details at this link and we will be in contact to discuss your matter with you.