In the media
Sydney, Melbourne Extend Construction Sites Hours
Work hours on construction sites in New South Wales and
the City of Melbourne are being extended in a bid to support the
industry during the Covid-19 pandemic (02 April 2020).
More...
Building Approvals Rise, But Brace for Fall
Australia's home building approvals jumped by almost
20 per cent in February, the largest month-on-month gain since
2013, but the extreme economic fallout as a result of the
coronavirus pandemic is yet to be seen across the sector (01 April
2020).
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HIA: Strong Growth in Building Approvals until the End
of February 2020
Building approvals increased by 3.9per cent in the three
months to February 2020 compared to the previous three months,
providing further evidence that the housing market was accelerating
into 2020," stated HIA Economist (01 April 2020).
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MBA: National campaign launched to promote social
distancing on building sites
A national advertising campaign has been launched to
promote social distancing and strict hygiene on the nation's
building sites (01 April 2020).
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Building industry seeks payment reform to ensure
survival
The building and construction industry is in danger of
collapsing unless emergency measures to address payment delays and
non-payments, such as those already in use by the real estate
sector, are put in place. That's the message from
Australia's leading SME trade subcontractors, peak industry
bodies, security of payments laws reviewers, advocates and builders
(01 April 2020).
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Reshaping communities in the wake of the pandemic
The COVID-19 crisis could spur governments, urban planners
and developers to think more seriously about creating more healthy,
resilient, self-sufficient, attainable and liveable communities in
2021 and beyond (01 April 2020).
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Commitment to the Infrastructure and Construction Sector
welcomed
The NSW Government's continued commitment to the
infrastructure and construction sector in the face of the ongoing
impacts of the coronavirus (COVID-19)pandemic has
been welcomed by Infrastructure Partnerships Australia's Chief
Executive, Adrian Dwyer, and should be mirrored across the country
(26 March 2020).
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Jobs boost through fast-tracked planning process
The NSW Government will cut red tape and fast-track
planning processes to keep people in jobs and the construction
industry moving throughout the COVID-19 crisis (03 April 2020).
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Construction hours extended to support industry during
COVID-19
Construction sites can now operate on weekends and public
holidays under new rules introduced by the NSW Government to
support the industry during the COVID-19 pandemic (02 April 2020).
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Carve your future as an apprentice stonemason
The NSW Government's specialist agency for the
restoration and conservation of historic sandstone buildings is
looking to hire three apprentice stonemasons to help keep the
State's heritage alive (02 April 2020).
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Published - articles, papers, reports
Australian Bureau of Statistics
01/04/2020
Building Approvals, Australia, Feb 2020 (cat no. 8731.0)
25/03/2020
Engineering Construction Activity, Australia, Dec 2019 (cat no.
8762.0)
Practice and courts
ABCC e-alert: Australian Government releases Building
Code discussion paper
The Australian Government have released the Code
Discussion Paper for the Code for the Tendering and Performance of
Building Works 2016. The Attorney-General's Department is
inviting written submissions on the Code's operation and
potential areas where it could be strengthened to ensure it remains
fit for purpose. Submissions can be made here IRconsultation@ag.gov.au.
The closing date for submissions is 3 April 2020 (18 February
2020).
More...
New NatHERS certificate to be rolled out by 30 April
2020
A new NatHERS certificate will soon come into use as
software tools transition to Chenath Engine version 3.21.The new
NatHERS certificate has been developed after significant
consultation with industry users and will replace the previous
"universal certificate" for all new assessments from 1
May 2020. Preview the
new NatHERS Certificate
Property Development industry welcomes extension of
operating hours on construction sites
April 2, 2020 - Decision of the NSW Minister for Planning, Hon Rob
Stokes MP, to extend the hours of operation for the construction
sector to include weekends and public holidays.
More...
Cases
Miller v Kadir [2020] NSWCATAP 57
APPEALS – home building - building defect in
swimming pool – errors in dismissing claim - in breach of the
warranty in s 18B (c) of the Home Building Act 1989 (the
HBA)
Hotait v Commissioner for Fair Trading, Department of Finance,
Services and Innovation [2020] NSWCATOD
36
ADMINISTRATIVE LAW - administrative review of decision
to refuse the applicant's application for a contractor licence
in the category of general building work under the Home Building
Act 1989 (NSW) – applicant a director of an
externally-administered company - whether there is no evident risk
that future work would not be completed - whether applicant took
all reasonable steps to avoid external administration
TTM Investment Corporation Pty Ltd v Hua Chang Pty
Ltd [2020] NSWSC 294
TTM is to provide an additional $80,000 of security
for Mr Lu's costs of the proceedings. Parties should confer for
the purpose of agreeing short minutes of order to give effect to
these reasons. Note pars 103 – 105 regarding details to be
included in those short minutes.
COSTS — Security for costs — Quantum and form
Competition and Consumer Act 2010 (Cth); Corporations Act 2001
(Cth); Home Building Act 1989 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Hurford Hardwood Kempsey Pty Ltd v Kempsey Timbers
(Sawmilling) Pty Ltd (No 5) [2020] NSWSC
287
COSTS – where plaintiff obtained costs order
against defendants – application for non-party costs order
–defendants now in administration – whether costs order
should be made against sole director of and ultimate shareholder of
defendants and against another company of which that director was
also a director and which had provided financial assistance to
defendants – whether costs order should also be made against
holding company of defendants
COSTS – whether application for non-party costs order was an
application to vary the earlier costs order – where that
application neither foreshadowed nor made within 14 days of earlier
costs order – whether claim precluded by Uniform Civil
Procedure Rules 2005 (NSW) r 36.16(3A) – whether s 14 of the
Civil Procedure Act 2005 (NSW) available to allow claim
PA Putney
Finance Pty Limited v Aalders and Anor [2020]
NSWSC 305
CIVIL PROCEDURE - Registrars - review of
Registrar's decision - refusal to set aside a notice to produce
and subpoena - motions arising from alleged breach of settlement
agreement - many interlocutory skirmishes - application for
freezing order - security for costs - appropriate costs order when
motions withdrawn or dismissed
Legislation
Proclamations commencing Acts - Reminder
Better
Regulation Legislation Amendment Act 2019 No 23 (2019-623)
— published LW 16 December 2019
Schedule 1 amends the following Acts—(a)Building and
Construction Industry Security of Payment Act 1999 No
46,(b)Building and Development Certifiers Act 2018 No
63,(c)Building Professionals Act 2005 No 115,
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.