In the media
AIBS Senate hearing - Inquiry Into non-conforming
building products
Australian Institute of Building Surveyors
(AIBS) appeared before Senate Economics Reference
Committee Inquiry into Non-conforming building products
(NCBP) Wednesday 19 July in Sydney. This third
inquiry into NCBP was focussed on the use of external cladding (26
July 2018).
More...
Driving down deaths in construction industry
A new plan has been launched today to reduce deaths and
accidents in the NSW construction industry. Minister for Better
Regulation Matt Kean said it was critical to get construction
safety right, with $80 billion to be spent on NSW infrastructure
over the next four years (27 July 2018).
More...
In practice and courts
AIBS Industry Alert - Air conditioners on
balconies
A serious safety issue with apartment balconies has been
identified by members of the Australian Institute of Building
Surveyors (AIBS). In relation to the restriction
of the location of an air conditioner condenser unit or other fixed
items that could facilitate climbing in proximity to a balcony
balustrade, AIBS believes the National Construction Code is not
adequately clear in respect of the acceptable construction manual
(27 July 2018).
More...
ABCC: Security of payments for subcontractors in the
building and construction sector.
The ABCC has produced new resources, including security of
payment guides for contractors and subcontractors and new website
content (17 July 2018). More...
prefabAUS Conference 2018
11th - 12th September, 2018 Brisbane Convention &
Exhibition Centre. More...
Current Consultations
Non-conforming building products
Status: Submissions Closed Date Referred: 11 October 2016 Next
Hearing: 02 August 2018 Reporting Date: 16 August 2018
Cases
Beveridge v Style Tiles and Bathrooms Pty
Ltd [2018] NSWCATAP 183
CONTRACT LAW – formation of contract –
"refundable" deposit – uncertainty.
HOME BUILDING ACT – Unenforceable contract – claim by
homeowner – requirements of s 7AAA of Home Building Act
1989 (NSW).
COSTS – special circumstances – original orders set
aside due to non-appearance of respondent – subsequent
rehearing – party partially successful.
Woodward v D J & T L Mellross Pty Ltd
[2018] NSWCATAP 179
BUILDING AND CONSTRUCTION – Home Building –
Construction of contracts – precedence of documents –
assessment of damages – whether rectification a reasonable
course to adopt.
TTM Investment Corporation Pty Ltd v Hua Chang Pty
Ltd [2018] NSWSC 1078
Security for costs order and freezing order to be
granted.
CIVIL PROCEDURE – security for costs – discretionary
considerations – where party resisting order not acting
purely defensively in main proceedings – relevance of the
strength of a party's claim.
CIVIL PROCEDURE – security for costs order – quantum of
security – ascertaining quantum where neither party is acting
purely defensively in main proceedings – difficulty in
ascertaining quantum where claims and cross-claims are
interconnected.
CIVIL PROCEDURE – interlocutory application – freezing
order – risk of removing assets out of jurisdiction –
where party has little to no connection with jurisdiction –
where party has commercial incentive to remove assets from
jurisdiction.
Home Building Act 1989 (NSW), s 92(1).
Champion Homes Sales Pty Ltd v Commissioner for Fair
Trading [2018] NSWCATOD 114
ADMINISTRATIVE REVIEW – Home Building –
Disciplinary action – Where respondent imposed fine on
applicant in respect of breaches of statutory warranty to exercise
due care and skill – Whether different standards of liability
should apply in proceedings for breach of warranty and in
disciplinary proceedings.
Sproule v D P James Carpet Laying Pty Ltd
[2018] NSWCATAP 177
Leave to appeal on a ground other than a question of law
is refused.
APPEALS – admission of fresh evidence – rules of
evidence – weight of evidence – no question of
principle.
El Howot v Moss [2018] NSWCATAP
173
(1) The extension of time to lodge the appeal under sec 41
Civil and Administrative Tribunal Act 2013 is refused.
(2) The Appeal is dismissed.
APPEAL – extension of time – inadequate explanation of
delay – weak prospects and lack of substantive merit –
additional considerations taken into account in applications for
leave to appeal from decisions of the Consumer and Commercial
Division.
COSTS – special circumstances.
Civil and Administrative Tribunal Act 2013 (NSW); Civil
and Administrative Tribunal Regulation 2013; Civil and
Administrative Tribunal Rules 2014; Corporations Act 2001
(Cth); Home Building Act 1989 (NSW).
Lane Cove Council v The Owners – Strata Plan No
88649 [2018] NSWCATAP
171
HOME BUILDING CLAIM – defects and statutory
warranties – no evidence or no reasonable basis for
conclusion – failure to provide proper reasons –
whether rectification work was a necessary and reasonable course to
adopt – failure to provide procedural fairness –
Civil and Administrative Tribunal Act 2013 (NSW); Home
Building Act 1989 (NSW).
Andy and Patrick Floor Covering Pty Ltd t/as Silver
Trading Timber Floor v Li [2018] NSWCATAP
172
By consent, pursuant to s 80(3) of the Civil and
Administrative Tribunal Act 2013 (NSW) the appeal is to be
dealt with by way of a new hearing.
PRACTICE AND PROCEDURE – Section 80(3) of the Civil and
Administrative Tribunal Act 2013 (NSW) – determination
of appeal by way of rehearing.
CONSUMER LAW – whether Expert Report – whether
sufficient to prove claim.
Australian Consumer Law (NSW); Civil and Administrative
Tribunal Act 2013 (NSW).
Owners Corporation 1 PS523454S v L.U Simon Builders Pty Ltd
(Building and Property) [2018] VCAT
987
Domestic building – s75 Victorian Civil and
Administrative Tribunal Act 1998 – standing of owners
corporation to bring proceeding on behalf of private lot owners
– s9 Domestic Building Contracts Act 1995 –
s12 Owners Corporations Act 2006 – whether architect
owes duty of care to the owners corporations.
By 2 August 2018 the applicants must file and serve substituted
Points of Claim having regard to these Reasons.
The Owners – Strata Plan No. 80751 v AV Jennings
(Cammeray) [2018] NSWSC
1080
CIVIL PROCEDURE – application for leave to rely on
expert reports and affidavits served out of time – whether in
interests of justice to grant leave – where hearing date is
upcoming – impractical for defendant to deal with some of the
reports in that time – whether hearing date should be vacated
– where plaintiff had advance notice of necessity of expert
evidence – no satisfactory explanation for delay given
– vacation of hearing would create wasted court time –
leave partially granted and partially refused.
Kang v Bishop (No 2) [2018] NSWSC
1073
ADMINISTRATIVE LAW – judicial review – appeal
from Local Court– application to quash orders made by
Magistrate – jurisdiction of Local Court – whether
prosecution in Local Court authorised – whether delegate
authorised under Fair Trading Act 1987(NSW) required to
bring prosecution under s 192E and s 192 G of the Crimes Act
1900 (NSW) – proper construction of s 14 and s 173 of
the Criminal Procedure Act 1986 (NSW) –
consideration of the interaction between Criminal Procedure
Act, Crimes Act and Fair Trading Act –
application dismissed.
Legislation
Regulations and other miscellaneous instruments
Community
Housing Providers (Adoption of National Law) Regulation 2018
(2018-385) — published LW 20 July 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.
