In the media
$15bn lending for SMEs announced
The federal government has announced $15 billion in lending for
small businesses as part of its $100 billion "bridge" to
support the Australian economy through the spread of coronavirus
(20 March 2020).
More...
$28 million grant to transform building design and production in
Australia
A secured $28 million from the Australian Government Cooperative
Research Centre ( CRC ). Building 4.0 CRC, a research initiative
focused on technology-enabled digital solutions, aims to use new
products and processes to create buildings that are more
sustainable, have less project delays (19 March 2020).
More...
Research to make construction cheaper & safer
Minister for Industry, Science and Technology Karen Andrews said
the work of the Building 4.0 CRC would provide Australians with
lower cost, smart housing solutions and put Australia among the
world leaders in the advanced manufacture of buildings (18 March
2020).
More...
Manufacturers to benefit from government stimulus packages
Retail sales are expected to boost for machine and equipment
manufacturers under the federal government's $1.3 billion
stimulus package (16 March 2020).
More...
$1.3bn support package for small businesses in response to
coronavirus
A $1.3 billion support package from the Federal Government to keep
117,000 apprentices and trainees employed will become available for
up to 70,000 small businesses (16 March 2020).
More...
Stimulus Measures Will Support Home Building
HIA welcomes the Australian Government stimulus package,
particularly the support provided for apprentices," said HIA
Chief Economist, Tim Reardon. The construction industry employs
over 1.1 million people, with residential building work generating
over $105 billion for the Australian economy in 2018 (12 March
2020).
More...
'Glacial progress': Minister under fire over flammable
cladding crisis
Cabinet is still considering how it should handle the flammable
cladding crisis more than six months after recommendations from the
building commissioner (17 March 2020).
More...
NSW government announces review into training for tradies
New South Wales premier Gladys Berejiklian has announced a review
into TAFE and training for tradespeople to be led by David Gonski
AC and Professor Peter Shergold AC (13 March 2020).
More...
Published - articles, papers, reports
ABCC: Industry Update - 12 March 2020
The March edition of Industry Update features the latest
activities of the ABCC: Phoenixing, Security of Payments, New Court
Matters, Court Outcomes and more.
More...
Practice and courts
Successful CRC bids: RACE for 2030 & Building 4.0
The Federal Government has announced funding for the Reliable
Affordable Clean Energy for 2030 ( RACE for 2030 ) CRC and Building
4.0 CRC. RACE for 2030 More information
here Building 4.0 CRC (18 March 2020).
More...
ABCB: NCC 2019 Amendment 1 preview released
Access the preview of the out-of-cycle amendment for NCC 2019 (20
March 2020).
More...
ABCB: Share your views on a nationally consistent model code of
conduct for Building Surveyors
Discussion paper addressing a draft national model code of conduct
released for public consultation. Responses to questions on the
discussion paper, outlined in the
consultation form, are invited until 24 April 2020 (13 March
2020).
More...
ABCC e-alert: Australian Government releases Building Code
discussion paper
The Australian Government has 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.
More...
RICS UN backed global standard
RICS is chairing the development of the International Fire Safety
Standard and it follows previous RICS work to bring consistency
to the standards people can expect globally across property,
construction and valuation. The International Fire Safety Standards
will be
open for global consultation until 23 March with the final
international standard to be published later in 2020.
RICS Building Confidence Conference 2020
The Building Confidence Conference is RICS' flagship event
that puts a spotlight on the role of Chartered Surveyors,
engineers, architects and contractors in the built environment,
will be held in Sydney, August 2020.
More...
ABAB February 2020 Forum Communique
Australasian BIM Advisory Board's excellent Report Card For
the Australasian BIM Advisory Board ( ABAB ), the new year has
provided an an opportunity to reflect and report on ABAB's
successes(26 February 2020). More...
Cases
Sharman v
Commissioner for Fair Trading, Department of Finance, Services and
Innovation [2020] NSWCATOD 26
(1) The decision under review is affirmed.
ADMINISTRATIVE LAW – administrative review – licensing
– whether applicant meets requirements for Issue of
supervisor certificate - application of Instrument as policy
– experience requirements not met – not unfair or
unjust to apply policy – whether applicant a fit and proper
person to hold the certificate Administrative Decisions Review Act
1997; Home Building Act 1989
Roseland
Projects Pty Ltd v Jiadong Yang [2020] NSWCATAP 45
(1) Leave to appeal is refused (2) The appeal is
dismissed.
APPEAL - exercise of discretion to award costs - costs to follow
the event; no order as to costs - no demonstrated error - no
substantial miscarriage of justice - costs of the appeal. Civil and
Administrative Tribunal Act 2013 (NSW); Civil and Administrative
Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW)
Florida Kitchens Pty Ltd v Number One Cutting (T/S Number One
Marble and Granite) (No 2) [2020] NSWSC 216
COSTS – third party costs – indemnity costs
–reasonable apprehension of bias – comments critical of
delay – fair-minded lay observer or bystander test
–whether conduct of litigation unreasonable – interests
of justice test – whether exceptional circumstances exist to
warrant indemnity costs order
Feng v OzWood (Australia) Pty Ltd [2020] NSWCATAP 42
COSTS — whether "special circumstances" within
the meaning of s 60 of the Civil and Administrative Tribunal Act
2013 (NSW) is established — whether appeal was "lacking
in substance"
COSTS — exercise of the power to fix costs - appeal brought
by Mr Guowen Feng against a decision made by the Consumer and
Commercial Division of the Civil and Administrative Tribunal
dismissing his claim that the timber floorboards supplied and
installed in his home by OzWood (Australia) Pty Ltd were
defective.
Longbottom v
Boughton [2020] NSWCATAP 53
HOME BUILDING – whether the Tribunal erred in finding
that the home owners had denied the plasterers access to the home
building site – whether the home owners had denied the
builder access to the home building site – whether the home
owners by invoking the dispute resolution mechanism prevented the
builder from terminating the home building contract – whether
the home owners in denying the builder access to the home building
site repudiated the building contract – whether the builder
was entitled to terminate the home building contract –whether
the Tribunal erred in dismissing the claim of misleading and
deceptive conduct under the Australian Consumer Law (NSW)
APPEAL – whether a disputed finding of fact in a reply to
appeal requires leave to appeal - whether the question as to
whether or not, based upon facts fully found by the Tribunal, there
is a repudiation of the contract, is a question of law
Minifie v
Maxwell [2020] NSWCATAP 30
APPEALS - Dividing fences - Renewal proceedings –
Jurisdiction - Power to make orders in renewal proceedings -
Whether orders appropriate - No error of law established
Paraiso v CBS Build Pty Ltd [2020] NSWSC 190
CONTRACT - building - whether variations required to be in
writing and signed - consequence of non-compliance - Home Building
Act 1989 s7E - terms that do not require variations to be in
writing and signed unenforceable
BUILDING AND CONSTRUCTION - whether defendant entitled to quantum
meruit if not contractually entitled to payment for
variations
ADMINISTRATIVE LAW - whether denial of procedural fairness -
Tribunal member cross-examining plaintiff's expert - bias -
failure to invite counsel to cross-examine opposing expert - relief
granted
Legislation
Regulations and other miscellaneous instruments
Building
Professionals Amendment (Subdivision Works Certificates) Regulation
2020 (2020-87) — published LW 13 March 2020
Building
and Construction Industry Long Service Payments Amendment (Bushfire
Relief) Regulation 2020 (2020-98) — published LW 20 March
2020
Environmental Planning Instruments
State
Environmental Planning Policy (State and Regional Development)
Amendment (State Significant Development) 2020 (2020-94)
— published LW 16 March 2020
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,
Reminder: Proclamation, appoint 23 March 2020 as the day on which
Schedule 1.8[3] and [4] to that Act commence.
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.