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).
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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.