In the media
Building industry peak body welcomes new
Chair
Australian Construction Industry Forum (ACIF), the
peak consultative body for the Australian building and construction
industry, has welcomed a new Chair , Norman Faifer, at its recent
Annual General Meeting (15 June 2017).
More...
Grenfell Tower disaster: Australia will have blood on
its hands if it doesn't act
A similar disaster to the devastating fire at London's Grenfell
Tower could strike Australia, an expert has warned, calling for the
ban of aluminium composite material cladding (15 June 2017).
More...
Building industry peak body welcomes new
Chair
Australian Construction Industry Forum (ACIF), the
peak consultative body for the Australian building and construction
industry, has welcomed a new Chair , Norman Faifer, at its recent
Annual General Meeting (15 June 2017).
More...
MBA: London apartment tower fire, Are there issues for
Australia?
Denita Wawn, CEO of Master Builders Australia said the relevant
laws we have in Australia are comprehensive and under almost
continuous review. Master Builders and members understand the
importance of ensuring building products are fit for purpose and
installed correctly, but there is always a risk that some products
entering Australia don't meet minimum requirements (15 June
2017).
More...
MBA: Volatility ahead as April housing finance wipes
growth
The latest Housing Finance data for April 2017 released by the ABS
continues to show volatility, recording a fall in the value of
dwelling commitments of 1.6 per cent. Nevertheless, finance
commitments for the construction of new dwellings was a standout,
rising by 2.1 per cent in the month despite a fall in the number of
purchases of new, established and owner occupied housing (09 June
2017).
More...
Battery storage standard could threaten growing
market
New draft standards for installing home battery systems could
stifle the home energy storage market. Industry experts say it
limits battery installations to external locations or non-habitable
storage rooms, and it includes "onerous" fire safety
requirements (13 June 2017).
More...
Affordability increases, first home buyers out in the
cold
Housing affordability improved across all states and territories in
the first quarter of 2017, however, the number of both first home
buyers and loans decreased, according to the Real Estate Institute
of Australia (REIA) (09 June 2017).
More...
Builder insolvencies and holes in the
ground
The Australian high-rise apartment boom is winding down and there
are signs that some contractors are winding up (08 June 2017).
More...
NSW
2,500 NSW Buildings at risk of London-style
fire
It's feared up to 2,500 buildings in NSW have highly flammable
cladding installed similar to that being blamed for London's
devastating tower block fire (15 June 2017).
More...
City of Sydney reveals ambitious overhaul of
WestConnex
The City of Sydney is calling on the NSW state government to
rethink its planning for the contentious WestConnex project,
putting forward an alternative proposal it believes will do more to
reduce congestion while costing taxpayers and motorists less (05
June 2017).
More...
NSW must reinstate integrity of Qualifications linked to
Building Licences
A media release was sent out earlier this year by the NSW
opposition Shadow Minister for Skills, Prue Car MP, highlighting
the risks to potential students seeking to enrol in vocational
education and training courses in NSW (08 June 2017).
More...
Published
Housing prices, household debt and household
consumption
Kadir Atalay, Stephen Whelan, Judith Yates; Australian Housing
and Urban Research Institute: 08 June 2017 This research
investigated the relationship between increasing housing prices (or
housing wealth) and the increased consumption expenditure of
households from before the GFC and afterwards. More...
Practice and courts
ABCB launches new WaterMark Product
Database
The Australian Building Codes Board (ABCB) has
launched a new
online WaterMark Product Database, making it simpler for
plumbers to check if their plumbing and drainage materials and
products are WaterMark certified. If unsure of whether a plumbing
product or material is certified, search the
WaterMark Product Database (06 June 2017).
More...
ABCB Note: An improved version of the WaterMark Certification Scheme was launched on 1 July 2016 and will be progressively implemented from 1 July 2017. For more details about the improved scheme please refer to the Improved WaterMark Scheme.
NSW
NSW BPB: View the May/June 2017 e-news online: this issue continues the theme of certifiers as public officials. It also looks at certifier independence from builders, avoiding conflicts of interest, and best-practice communication to manage risk (07 June 2017).
New BASIX energy targets
On 1 July, new Building Sustainability Index (BASIX) energy
targets will come into effect, as part of the government's
initiative to reduce energy use and greenhouse gas
emissions. For more detailed information, view the
frequently asked questions. To find out more about BASIX or
apply for a BASIX certificate, visit the BASIX
website.
Cases
C G Constructions Pty Limited v Hanson Constructions Materials
Pty Limited
[2017]
NSWCATAP 130
ADMINISTRATIVE LAW – Civil and Administrative Tribunal
– internal appeal – question of law – failure to
address case advanced at first instance – error of law
– constructive failure to exercise jurisdiction – no
finding on material question of fact – remittal of
proceedings.
Barwick v Shetab
[2017]
NSWCATAP 127
Appeal – Whether work residential building work –
assessment of damages.
The Owners Strata Plan No 66375 v Suncorp Metway Insurance Ltd (No
2) [2017]
NSWSC
739
AGENCY – whether party entered into contract as agent –
whether party acting as undisclosed principal. BUILDING AND
CONSTRUCTION – Home Building Act 1989 (NSW) –
statutory warranties – whether owners corporation entitled to
statutory warranties – whether loss and damage claimed in
respect of defects resulted from breaches of statutory warranties.
BUILDING AND CONSTRUCTION – Home Building Act 1989
(NSW)– whether defendants were "developers" within
the meaning of s 3A – whether defendants were persons
"on whose behalf" building work was done. CONTRACTS
– building and construction contract – construction and
interpretation – whether the defendants were party to the
building contract. EVIDENCE – Evidence Act 1995
(NSW) s 69 – admissibility of evidence – business
records – whether minutes of meeting are business records.
EQUITY – remedies – rectification.
Home Site Pty Limited v ACN 124 452 786 Pty Limited (formerly known
as Nahas Construction (NSW) Pty Limited)
[2017]
NSWSC 698
BUILDING AND CONSTRUCTION – contract –extension of time
clause – whether terms of contract relating to extension of
time were modified by deed of amendment – whether defendant
entitled to extension of time under contract – whether
plaintiff entitled to liquidated damages under contract. BUILDING
AND CONSTRUCTION – contract – liability for defective
works – whether contract specification required rectification
of defects – whether rectification of defects unreasonable.
BUILDING AND CONSTRUCTION – Home Building Act 1989
(NSW) s 10 – whether Home Building Act 1989 (NSW) s
10 applies. CONTRACT – building and construction contract
– unenforceable – quantum meruit claim – whether
plaintiff entitled to recover fair and just compensation for work
completed in accordance with contractual specifications –
whether costs incurred for work were reasonable – whether
deductions should be applied to quantum meruit claim. CONTRACT
– consideration – promise to perform existing duty
– whether bona fides compromise of a disputed claim made.
CONTRACT – construction and interpretation –
"practical completion" – when did "practical
completion" occur. CONTRACT – construction and
interpretation – whether contract can be inferred from
parties' conduct – whether words and conduct of parties
would lead a reasonable person in the position of the other party
to believe there was a contract. PRACTICE AND PROCEDURE –
Uniform Civil Procedure Rules 2005 (NSW) r 14.14 –
whether point should have been pleaded – whether point likely
to take defendant by surprise.
Home Site Pty Limited v ACN 124 452 786 Pty Limited (formerly
known as Nahas Construction (NSW) Pty Limited)
[2017]
NSWSC 698
BUILDING AND CONSTRUCTION – contract –extension of time
clause – whether terms of contract relating to extension of
time were modified by deed of amendment – whether defendant
entitled to extension of time under contract – whether
plaintiff entitled to liquidated damages under contract. BUILDING
AND CONSTRUCTION – contract – liability for defective
works – whether contract specification required rectification
of defects – whether rectification of defects unreasonable.
BUILDING AND CONSTRUCTION – Home Building Act 1989
(NSW) s 10 – whether Home Building Act 1989 (NSW) s
10 applies. CONTRACT – building and construction contract
– unenforceable – quantum meruit claim – whether
plaintiff entitled to recover fair and just compensation for work
completed in accordance with contractual specifications –
whether costs incurred for work were reasonable – whether
deductions should be applied to quantum meruit claim. CONTRACT
– consideration – promise to perform existing duty
– whether bona fides compromise of a disputed claim made.
CONTRACT – construction and interpretation –
"practical completion" – when did "practical
completion" occur. CONTRACT – construction and
interpretation – whether contract can be inferred from
parties' conduct – whether words and conduct of parties
would lead a reasonable person in the position of the other party
to believe there was a contract. PRACTICE AND PROCEDURE –
Uniform Civil Procedure Rules 2005 (NSW) r 14.14 –
whether point should have been pleaded – whether point likely
to take defendant by surprise.
Ward v Makhlouf & Anor [2017] NSWCATCD
30
Costs, Calderbank Offers, Indemnity costs.
Channell v Graham
[2017] NSWCATAP 129
COSTS – Rules 38 and 38A - Reg 20(4) – withdrawal of
appeal.
Legislation
NSW
Environmental Planning Instruments
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Housing Code) 2017
(2017-269) — published LW 16 June 2017.
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Miscellaneous and Affordable Housing)
2017
(2017-270) — published LW 16 June 2017.
Regulations and other miscellaneous instruments
Mine Subsidence Compensation (Mine Subsidence Districts)
Proclamation 2017
(2017-260) — published Gazette No 61 of 9 June 2017, page
2397.
Ports and Maritime Administration Amendment (Fees) Regulation 2017 (2017-245) — published LW 9 June 2017.
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.
