Australia: Residential Focus - 19 July 2017 - Part 2

Last Updated: 23 July 2017
Article by Christine Jones and Cameron Sheather
Most Read Contributor in Australia, December 2018

In the media

Australian PCI®: Construction maintains healthy growth in June
The national construction industry expanded for a fifth consecutive month in June, with the Australian Industry Group/Housing Industry Association Australian Performance of Construction Index (Australian PCI®) falling slightly by 0.7 points to 56.0 (13 July 2017). More...

Partnership to boost Australian products used in construction
A new partnership between the Australian Made Campaign and Master Builders Australia aims to boost exports and the use of locally made products by the building and construction sectors (13 July 2017). More...

The CBA has produced an excellent table to assess what is happening in Australia's housing market
The Commonwealth Bank table shows that even with Australia's high-rise construction boom over recent years, the proportion of Australia's residential dwelling stock is still dominated by houses, accounting for 72.9% of Australian homes (11 July 2017). More...

Housing construction falls, while job ads increase
While there was a fall construction activity, driven by a sharp downturn in apartment approvals, a lift in job advertisements may point to a strengthening employment market (03 July 2017). More...

Housing surplus raises price crash risks Analysis
Australia has long been assumed to have a major housing shortage that was driving large price rises. But evidence is mounting that this shortage was a mirage, price rises were driven by other factors and many cities are mired in massive oversupply (03 July 2017). More...

NSW

NSW housing completions smash state record
New housing completions in NSW have reached an all-time high, according to the Australian Bureau of Statistics' latest quarterly building activity data. Minister for Planning and Housing, Anthony Roberts, said the data shows 64,824 homes were completed in NSW in the year to March 2017 – a seven per cent increase on the previous record of 60,569 set in 2016 (12 July 2017). More...

MBA NSW: Be aware of fraudulent emails
Our legal department have received a number of reports of scammers sending fraudulent emails and obtaining funds. A common scenario is that the client receives an email from the builder's actual email address, or from an email address which has the same domain name as the builder's email address. The email will direct the client to pay funds for works using "new" or "updated" bank account details (11 July 2017). More...

Do your homework before signing a building contract
NSW Fair Trading is urging consumers to do their homework before signing a residential home-building contract, following complaints about builders demanding thousands of dollars in unexpected additional payments. Consumers who thought they had entered into a 'fixed price' contract with a builder, only to find this wasn't the case (04 July 2017). More...

Non-conforming building products
Building work in Australia must conform and comply with the National Construction Code (NCC), relevant technical standards, and local laws. This ensures our buildings are safe, healthy and durable which means we all can have confidence in their performance (05 July 2017). More...

Size of major proposed NSW wind farm to be reduced to allay concerns
A company planning what could be one of Australia's biggest wind farms has cut the number of proposed turbines to minimise the impact on nearby landowners (06 July 2017). More...

Revealed: New BASIX energy targets
Part of the government's initiative to reduce energy use and greenhouse gas emissions, the BASIX changes will improve the energy efficiency of homes in NSW, resulting in lower utility bills for residents, and reduced environmental impact (30 June 2017). More...

Published

Australian Bureau of Statistics
12 July 2017 - Construction Activity: Chain Volume Measures, Australia, Mar 2017 (cat no. 8782.0.65.001)
12 July 2017 - Building Activity, Australia, Mar 2017 (cat no. 8752.0)
03 July 2017 - Building Approvals, Australia, May 2017 (cat no. 8731.0)

Practice and courts

NSW

Updated: commencement date for new simplified Housing Code and Housekeeping Amendment
The new simplified Housing Code and Housekeeping Amendment will make it easier, faster and cheaper for homeowners to undertake exempt and complying development. Minor consequential amendments to various instruments are also required to ensure a smooth transition to the new simplified Housing Code. The commencement date for these amendments has been updated to 14 July 2017. More...

Fire Safety Regulation Reform
The Environmental Planning Assessment Amendment (Fire Safety and Building Certification) Regulation 2017 has been published and will come into effect on 1 October 2017. These are important reforms that will improve fire safety in new and existing buildings. The amendments introduce new requirements affecting the design, approval, construction and maintenance of fire safety measures (06 July 2017). More...

NSW BPB: Strata building bond scheme now commences 1 January 2018
The new strata building bond and inspection scheme will now commence on 1 January 2018. It was originally scheduled to commence on 1 July 2017. More...

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

Dellagiacoma v Dragh [2017] NSWCATAP 147
Civil and Administrative Tribunal Act -Renewal of proceedings under cl8 Home Building Act- application to amend the claim to seek compensation for defective and incomplete building work following the making of a consent work order. Res judicata and issue estoppel - effect of decision in earlier proceedings to dismiss application to amend upon a subsequent application to renew proceedings for non-compliance with consent orders, issues necessarily resolved by earlier proceedings, effect of dismissal of application to amend on operation of consent work order previously made in earlier proceedings.

Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108
ADMINISTRATIVE REVIEW – Home Building – Application for contractor licence – Where application rejected on basis that applicant did not meet requirements of an instrument made by the respondent – Whether there is legislative authority for the respondent to make the instrument as a binding instrument – Finding that the instrument is a policy – How Tribunal is to take into account the policy - Whether the applicant meets the terms of the instrument, read as a policy – Whether the Tribunal is satisfied that the applicant has the requisite qualifications and experience to be a builder.

LMA Contractors Limited v Changizi [2017] NSWCATAP 145
Costs Rule 38A of the Civil and Administrative Tribunal Rules 2014.

Hawli v NSW Self Insurance Corporation [2017] NSWCATCD 38
Home Building-Definition of "residential building work"-Whether "residential building work" "commenced"-Construction of policy of home warranty insurance-Amount payable under the policy.

Steven Miller & Anor v Grosvenor Australia Pty Ltd [2017] NSWCATCD 42
Mitigation of loss. Assessment of damage.

Champion Homes Sales Pty Ltd v Commissioner for Fair Trading [2017] NSWCATOD 110 - https://www.caselaw.nsw.gov.au/decision/59655b43e4b058596cba8711
Home Building Act 1989 – disciplinary action for breach of statutory warranty penalty of $3,500 set aside

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.

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