In the media
Fears for 800,000 jobs as construction and tourism say
there will be no economic 'snap back'
With no "snap-back" in sight, leaders in
construction and tourism are warning of swathes of further job
losses after JobKeeper expires at the end of September (29 May
2020).
More...
HIA: Housing industry seeks greater flexibility
The HIA has asked the Fair Work Commission to consider
changes to the Building and Construction General Onsite Award
thathelp employers and employees in the residential building
industry stay connected despite the impacts of COVID-19 (28 May
2020).
More...
HIA: Housing weighing heavily on economy
In a quarter that largely preceded the COVID-19
disruption, residential building activity chalked up the sixth
consecutive quarterly contraction in the volume of building work
done. The persistent credit squeeze throughout 2019 contributed to
home building activity dropping back to levels last seen in 2014
(27 May 2020).
More...
RICS: What will industrialised construction mean for the
future of work?
We are at an inflection point for the global construction
industry. COVID-19 has disrupted operating conditions and brought
extreme financial stress to construction firms in the short-term.
However, it will also accelerate long-term change within our
sector, making innovation essential to confronting longstanding
issues such as lagging productivity growth (27 May 2020).
More...
Building Tomorrow's Homes for the post-COVID
economy
The ASBEC has called on Australian governments to build
better homes and help Australia's post-COVID economy.
Tomorrow's Homes, a new platform released today, explains that
with Australia's population forecast to reach 41 million people
by 2050, we'll need to build up to 197,000 homes each year (26
May 2020).
More...
Construction industry demands stimulus as new projects
drop off
As the economic fallout from the coronavirus crisis
continues, there's a new push from Australia's construction
industry for some much needed help (25 May 2020).
More...
Builders Call For $13 Billion Stimulus Action Plan
A $13.2 billion building and construction stimulus action
will stimulate over $30 billion in new economic activity and create
more than 100,000 new jobs across the economy according to new
economic modelling commissioned by Master Builders Australia (25
May 2020).
More...
Engineers Australia releases COVID-19 recovery
plan
Engineers Australia has called for a comprehensive
industry policy as part of a plan to help businesses recover from
the COVID-19 pandemic (21 May 2020).
More...
HIA: New Home Building to Contract in Second Half of
2020
Since the introduction on COVID-19 restrictions, the
number of cancellations of projects now exceeds 30 per cent -this
is more than four times the typical rate of cancellations.
HIA's Chief Economist, Tim Reardon states the COVID-19 related
contraction in building work will see a significant reduction in
work hours on building sites in the second half of 2020 (14 May
2020).
More...
Roberts Pizzarotti tops out Zurich Tower ahead of
schedule
Sydney-based boutique construction company, Roberts
Pizzarotti, has officially topped out its 'Zurich Tower'
project at 118 Mount Street, North Sydney. The FJMT-designed
project, developed in conjunction with White & Partners and
Generate Property Group, will deliver approximately 20,600sqm of
PCA A-Grade office space (27 May 2020).
More...
Mascot Towers owners seek $15m from developer of
neighbouring building
The state's consumer watchdog is also investigating
the certification of the apartment building next to the cracked
Mascot Towers (28 May 2020).
More...
Urgent need to stimulate NSW private sector construction
work before it is too late
The value of private construction activity has dropped
sharply in the first three months of 2020 according to ABS data
released today. When you look at the value of construction per
capita, it is clear that the construction sector in NSW is in
freefall and needs urgent support or the NSW economy is in big
trouble (27 May 2020). More...
Western Sydney set for a further construction boom
Western Sydney is set for a huge construction boom, with
two more projects getting the green light through the NSW
government's Planning System Acceleration Program, adding to
the almost 10 others in the tranche of multi-billion dollar
'shovel-ready' infrastructure approvals already announced
(28 May 2020).
More...
More planning projects to propel future of NSW
NSW will lead Australia to economic recovery, with the NSW
Government today announcing another 24 priority projects, including
a new retail centre, industrial precincts, three new schools and
the relocated Sydney Fish Markets, that could inject more than
$5.37 billion into the State's economy (26 May 2020).
More...
$1 million asbestos clean up bill to be served to Hunter
man
A Hunter man has been told by the EPA he could be held
responsible for removing asbestos delivered to his property by a
Sydney waste facility (16 May 2020).
More...
Published - articles, papers, reports
Australian Bureau of Statistics
27/05/2020
Construction Work Done, Australia, Preliminary, Mar 2020 (cat
no. 8755.0)
Practice and courts
ABCB: NCC 2019 Amendment 1 proposed changes update
Decisions have been made on the inclusion of the
definition of building complexity and the process for documenting
Performance Solution (22 May 2020).
More...
New NatHERS Software Tool Accredited
The Home Energy Rating Optimisation
(HERO) software tool has achieved NatHERS software
accreditation to become the Scheme's fourth accredited software
tool (26 May 2020).
More...
NABERS Reminder: Auditors, Supervisors, and Trainers
Panel Announced
Congratulations to the new Panel Selection for NABERS
Auditors, Supervisors, and Trainers, for October 2019-October 2022.
More...
Gasfitters: Have your say on proposed changes to Parts 1
and 2 of AS/NZS 5601
Standards Australia invites gasfitters to comment on
proposed changes to the standards for gas and LP gas installations.
The changes affect: AS/NZS 5601.1: 2013 – Gas installations,
Part 1: General installations For further details on the proposed
changes, including how to make a submission, visit Standards
Australia's
consultation hub.
2020 National Housing Research Program commences
Research is underway for the suite of projects funded by
AHURI as part of the 2020 National Housing Research Program (NHRP).
The research will be undertaken by collaborative teams from
AHURI's eight national university research partners. For more
details of the 2020 NHRP projects
please click here.
More...
Blackwattle Bay Precinct Planning commences
The consultation program will close 19 June 2020. This
work being undertaken by Infrastructure NSW in alignment with the
recommendations of the Pyrmont review and the 10 directions
document that are being used to shape the Pyrmont Peninsula Place
Strategy. More...
NSW Planning Department: Have your say - Draft plans and policies
Draft special infrastructure contributions (SIC)
guidelines
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking to improve the transparency of the
application of SICs. The draft SIC guidelines provide guidance
regarding the purpose and function of SICs and their application in
the new approach to precinct planning.
More...
Proposed amendments to the EP&A Regulation
Notification start-end date 15/04/2020 -
12/06/2020
The Department is proposing amendments to the EP&A Regulation
to improve transparency in the infrastructure contributions system
through better reporting of contributions received and expended for
individual contributions plans and planning agreements.
More...
Improving the review of local infrastructure
contributions plans - discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
Higher-rate local infrastructure contributions plans are
independently reviewed to ensure that they are reasonable. The
Department has identified ways to improve the review process of
local infrastructure contributions plans to make it more efficient
while maintaining its important function.
More...
Criteria to request a higher s7.12 percentage -
discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking feedback on the proposal from key
stakeholders and the community. Your feedback will help inform
critical improvements to the infrastructure contributions system in
NSW.
More...
Building Information Modelling (BIM) for WHS
management
What is the best practice and implications of using BIM in
WHS management?
Timeline of project; Project completion: Mid 2021.
More...
Cases
Jannis
v Ant-Hassa Pty Ltd
1) The orders made on 10 October 2019 in application
HB 19/26920 are set aside and the proceedings are remitted for
rehearing by a differently constituted Tribunal.
ADMINISTRATIVE LAW – breach of procedural fairness - failure
to allow party opportunity to cross-examine - error of law.
Australian Consumer Law (NSW); Civil and Administrative Tribunal
Act 2013 (NSW); Consumer, Trader and Tenancy Tribunal Act 2001
(NSW); Fair Trading Act 1987 (NSW); Home Building Act 1989 (NSW)
Home Building Regulation 2014 (NSW)
Morrison v Moss (No. 4) [2020] NSWDC
243
COSTS – building and construction dispute –
builder claim for non-payment – owner claim for defective
works – operation of set-off – whether owner
practically successful overall – whether conduct of builder
warrants order for indemnity costs
Nanevski
Developments Pty Ltd v Slaveski [2020] NSWSC
617
CIVIL PROCEDURE — Pleadings — Form and content
of pleading — Pleading material facts — Defects
—Striking out — Tendency to cause prejudice,
embarrassment or delay — Amendment — Late application
for amendment. Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 64;
Civil Procedure Act 2010 (Vic) Competition and Consumer Act 2010
(Cth), Sch 2; Conveyancing Act 1919 (NSW), s 66G Home Building Act
1989 (NSW); Protection of the Environment Operations Act 1997
(NSW)
D Constructions Pty Ltd v Walsh [2020] NSWCATAP
91
(2) The appellant is to pay the respondents' costs of
the appeal as agreed or assessed in accordance with s 60(4)(b) of
the NCAT Act.
COSTS – costs on appeal – appeal withdrawn by appellant
without a hearing on the merits – principles applicable to
costs where no hearing on the merits – withdrawal effectively
a surrender
Civil and Administrative Tribunal Act 2013 (NSW), s 55(1)(a), 60;
Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A
Cohen
v Zanzoul trading as Uniq Building Group [2020] NSWSC 592
BUILDING AND CONSTRUCTION – residential building
work – whether plaintiff principals repudiated their
obligations under the contract – whether defendant builder
thereby exonerated from any liability for defective work –
accrued rights of parties
CONTRACTS – residential building work – whether
plaintiff principals repudiated their obligations under the
contract – whether defendant builder thereby exonerated from
any liability for defective work – accrued rights of
parties
RESTITUTION – whether restitution on the basis of a quantum
meruit available where there is an enforceable contract and rights
have accrued under that contract
Rockwall Homes Pty Ltd Ayoub [2020] NSWCATAP 87
APPEAL – costs - exercise of discretion to award
costs under r 38(2) of the Civil and Administrative Tribunal Rules
2014 where proceedings are withdrawn – failure to prosecute
appeal - contract with Minerva Khoury trading as Sungary Services
to complete plumbing work on the site which had been commenced by
another plumber.
In the matter
of Glenvine Pty Limited [2020] NSWSC 642
CORPORATIONS — Application by voluntary
administrator to adjourn winding up proceedings — proposed
deed of company arrangement – transfer of company's sole
asset to wife — legitimacy of Family Court consent orders in
issue — Whether in interests of creditors — Opposed by
96% of third party creditors by value — Adjournment
application refused — Company wound up in insolvency.
Betta Build
Group Pty Ltd v El Baba (No. 2) [2020] NSWDC 238
BUILDING AND CONSTRUCTION – referral of question
of rectification costs for defective works to referee –
whether referee's approach should be wholly or partly adopted
– whether referee denied natural justice by closing his mind
to the Builders' evidence and contentions – whether
apprehended bias – whether referee failed to give adequate
reasons for its findings
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.