In the media
Brendan Crotty appointed inaugural National Housing
Finance and Investment Corporation chair
Director of Brickworks, General Property Trust and Dennis Family
Holdings Brendan Crotty has been appointed the inaugural chair of
the federal government's National Housing Finance and
Investment Corporation (NHFIC) (26 June 2018).
More...
Construction industry safety blitz
underway
Figures from SafeWork NSW revealed falls from heights incidents had
more than tripled in the last five years, prompting a 12 month
safety blitz that kicked off in November last year. SafeWork
inspectors have so far visited more than 460 construction sites in
NSW, and issued $115,000 in fines over breaches to safety laws (29
June 2018).
More...
Newcastle and Hunter residents warned about unlicenced
asbestos removalist
Consumers are being warned about an unlicenced asbestos removalist
targeting Newcastle and Hunter Valley residents. From 1 July 2018,
residents can check if a licenced asbestos removalist has received
any penalty notices on the SafeWork NSW Licence Register (20 June
2018).
More...
Published
ACI Construction Briefs
A fortnightly communication highlighting key updates related to
Australia's construction industry (25 June 2018).
More...
Australian Bureau of Statistics
27/06/2018
Engineering Construction Activity, Australia, Mar 2018 (cat no.
8762.0)
Nathers
Newsletter No 6 2018
Published 28 June 2018 – Chenath updates for 2019; NatHERS
Assessor Handbook; Split heating and cooling loads for NCC 2019;
Trajectory for Low Energy Homes and NCC 2022.
In practice and courts
NTC Reminder: New changes for the transport of dangerous
goods
The
Australian Code for the Transport of Dangerous Goods by Road and
Rail is set to be updated with changes designed to reduce the
burden on industry when transporting low-risk items and bring into
line with new United Nations transport requirements. In May,
Transport ministers approved version 7.6 of the Code, with the
changes effective from 1 July 2018 and compulsory from 1 July 2019.
More...
prefabAUS Conference 2018
11th - 12th September, 2018 Brisbane Convention & Exhibition
Centre. More...
New Building Standards
AS/NZS 1577:2018
Scaffold decking components - Standards Australia
AS 2050:2018
Installation of roof tiles - Standards Australia
AS/NZS 3000:2018
Electrical installations (known as the Australian/New Zealand
Wiring Rules) - Standards Australia
AS 4386:2018
Cabinetry in the built-in environment - Commercial and domestic -
Standards Australia
AS 3600:2018
Concrete structures - Standards Australi
New South Wales
NSW BPB: Certification data reporting – compliant
software available now
Building Certification Systems (BCS) certification
software is fully compliant with the data reporting requirements.
As of 1 July 2018, local councils and accredited certifiers (A1, A2
and A3) are now required to report certification data for principal
certifying authority (PCA) work. Data must be
reported from the commencement of building work through to the
issue of the final occupation certificate (25 June 2018).
More...
NSW BPB: Building Certification Systems (BCS)
clients
BCS certification
software is now fully compliant with NSW data reporting
requirements through use of an API. Existing clients should already
have been contacted by BCS. As products are verified by the NSW
Government as fully compliant they will be listed on the Building
Professionals Board website. Other products are expected to be
verified very soon and all certifiers and councils will be directly
notified (25 June 2018).
NSW BPB: Certification data reporting mandatory from 1
July 2018
The Secretary's Order to introduce mandatory data reporting by
A1-A3 certifiers and local councils has been gazetted. Data
reporting is now mandatory as of 1 July 2018. To enforce
compliance, the Building Professionals Board will focus on
education in the first six months to help certifiers and councils
meet requirements (25 June 2018).
More...
More housing options for NSW: Low Rise Medium Density
Housing Code
The
new Code will allow one and two storey dual occupancies, manor
houses and terraces to be built under fast-track
complying development approval across NSW and also promotes
good design for medium density housing. Low rise medium density
housing as complying development is only allowed where medium
density development is already permitted under a council's
local environmental plan. The Medium Density Housing Code will
commence on 6 July 2018.
Greenfield Housing Code
The changes start on 6 July 2018. The new Code will be included in
the State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008. In essence, it is a simplifying of
the development process and aligning the requirements for
development across greenfield areas. The planning rules and the
code are also presented in plain English for clearer explanation.
Note: There will be a three-year transitional period, where
applicants can choose whether to use the Greenfield Code, or the
new simplified Housing Code or Transitional Code (until 13 July
2019).
More...
BPB: Certification data reporting commenced 1 July
2018
To strengthen certification and building regulation in NSW,
accredited certifiers and local councils are now required to report
data on building certification to the NSW Government. More...
Cases
Carlisle Homes Pty Ltd v Tick Homes Pty Ltd [2018] FCA
973
COPYRIGHT – application for an interlocutory injunction
restraining reproduction and sale of house plans and building
houses in accordance with the plans – allegation of copying
house plans in infringement of copyright in the plans – prima
facie case established – damages an adequate remedy –
balance of convenience against grant of interlocutory injunction
– application dismissed. Copyright Act 1968
(Cth).
Simpson & anor trading as Almar Pioneer Interiors v
Griffiths [2018] NSWSC 1010
CIVIL PROCEDURE – jurisdiction – where building claim
brought in Local Court – where Magistrate refused
plaintiffs' application to transfer proceedings to Civil and
Administrative Tribunal – plaintiffs sought interlocutory
orders in Supreme Court – no appearance by defendant –
matter to be heard in Local Court day after interlocutory hearing
– Home Building Act 1989 (NSW) s 48L requires
Magistrate to transfer proceedings on application to the Civil and
Administrative Tribunal – plaintiff has an arguable case as
to error – Local Court proceedings stayed until further
orders.
Building and Construction Industry Security of Payment Act
1999 ss 15, 16, 25; Civil and Administrative Tribunal Act
2013 Sch 4; Home Building Act 1989 (NSW) s 48L;
Supreme Court Act 1970 (NSW) s 66.
Lee v Commissioner for Fair Trading, Department of
Finance, Services and Innovation [2018] NSWCATOD
101
ADMINISTRATIVE LAW – home building – supervisor
certificate – where respondent refused applicant's
application for a supervisor certificate on grounds that he was not
a fit and proper person – where applicant had convictions for
drug supply and possession committed about four years ago –
where applicant claimed to have been rehabilitated – whether
applicant had deliberately concealed criminal history on his
application form – whether a person may be fit and proper
whilst still serving a sentence in the community.
Zeait v Singh (No 2) [2018] NSWCATAP 159
- A hearing is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW).
- The appellant is to pay the respondent's costs of the appeal, as agreed or as assessed.
COSTS – application of r 38A of the Civil and
Administrative Tribunal Rules 2014 (NSW) – no question
of principle.
Civil and Administrative Tribunal Rules 2014 (NSW);
Civil and Administrative Tribunal Act 2013 (NSW); Home
Building Act 1989 (NSW).
Catapult Constructions Pty Ltd v Denison [2018]
NSWCATAP 158
APPEAL – Home Building Act – s 48O, extent of
jurisdiction, nature and extent of order making power,
"perform any specified work or service or obligation under Act
or agreement" – breach of statutory warranties –
breach of contract – discretion – order to perform any
"specified act".
Wilson v Dash (No.2) [2018] NSWCATAP
155
2. The appellants must pay the respondent's costs of the appeal
such costs if not agreed to be assessed on a party/party basis
pursuant to the provisions of the Legal Profession Uniform Law
Application Act 2014.
Costs - gross sum cost order.
Civil and Administrative Tribunal Act 2013 (NSW);
Civil and Administrative Tribunal Rules 2014; Home Building Act
1989 (NSW); Legal Profession Uniform Law Application Act
2014 (NSW).
Clements v Murphy [2018] NSWCATAP 152
BUILDING AND CONSTRUCTION – home building – whether the
preference for rectification of defective work by the responsible
contractor arising from s48MA of the Home Building Act applies in
relation to incomplete work. WORDS AND PHRASES –
"defective work".
Civil and Administrative Tribunal Act 2013 (NSW);
Civil and Administrative Tribunal Rules 2014 (NSW);
Home Building Act 1989 (NSW) ss 48MA, 48O.
Harris v Morabito Holdings [2018] NSWSC 912
BUILDING AND CONSTRUCTION – adoption of referee's report
– discretion to adopt to be exercised judicially and with
regard to the purpose for which discretion to refer is given
– where report is factually thorough and reaches conclusions
open on the evidence – where most errors complained of
involve an attempt to reargue on the merits – exception
regarding conclusions on delay and variations where there was a
denial of natural justice – referee's report adopted in
whole with the exception of conclusions regarding delay and
variations.
CONTRACT – interpretation of building contract
–distinction between the interpretation of the terms of a
contract and standard or extent of performance required to satisfy
those terms.
Civil Procedure Act 2005 (NSW); Home Building Act
1989 (NSW); Supreme Court Rules 1970 (NSW).
Uniform Civil Procedure Rules 2005 (NSW).
Tom v Jenkins [2018] NSWCATCD 7
Time for bringing proceedings – section 48K(3) of the
Home Building Act 1989.
Webster v Tom [2018] NSWCATCD 6
Reasonably fit for occupation as a dwelling.
Jandson Pty Ltd v Syed Ahmad Shoaib Ali Pty Limited As
Trustee for Syed Family Trust and Ors [2018] NSWCATCD
5
BREACH OF CONTRACT - repudiation– cause of action arising
under contract – whether s94(1A) of the Home Building Act
1989 is a bar to a claim for damages for breach of contract in
circumstances where no home warranty insurance policy was issued -
quantum meruit.
Legislation
Regulations and other miscellaneous
instruments
Heavy
Vehicle (Adoption of National Law) Amendment (Penalties) Regulation
2018 (2018-353) — published LW 29 June 2018
Heavy
Vehicle (Adoption of National Law) Amendment Regulation 2018
(2018-354) — published LW 29 June 2018
Road
Transport (Vehicle Registration) Amendment (Heavy Vehicles)
Regulation 2018 (2018-335) — published LW 29 June
2018
Road
Transport Legislation Amendment (Fees, Penalty Levels and Charges)
Regulation 2018 (2018-334) — published LW 29 June
2018
Work
Health and Safety Amendment (Fees) Regulation 2018 (2018-338)
— published LW 29 June 2018
Heavy
Vehicle (Registration) National Regulation (2018-298) —
published LW 22 June 2018
Heavy
Vehicle National Legislation Amendment Regulation 2018
(2018-299) — published LW 22 June 2018
Road
Transport (Minimum Toll Expenditure Calculation) Amendment Order
2018 (2018-281) — published LW 22 June 2018
Surveying
and Spatial Information Amendment (Fees and Deposits) Regulation
2018 (2018-283) — published LW 22 June 2018
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.