Australia: Residential Focus - 16 August 2017 - Part 2

Last Updated: 21 August 2017
Article by Christine Jones and Cameron Sheather

In the media

Residential construction heading for 31pc three-year collapse
Australia's economy holds the world record for the longest recession-free run, but that boom is already past its peak and there is much worse to come, according to the latest Building in Australia forecast from BIS Oxford Economics (10 August 2017). More...

MBA: Senate rejects move to muzzle Building Watchdog
Builders welcome Senate rejection of moves to abolish Building Code 2016, stating the retention of ABCC and Code means more schools, roads, hospitals and other crucial public infrastructure can be delivered sooner and more efficiently (09 August 2017). More...

Construction activity soars in July
Construction across Australia has expanded at its fastest ever pace and is now at its highest level since the Ai Group began releasing the Performance of Construction Index (PCI) in September 2005 (08 August 2017). More...

MBA: Don't be fooled by the CFMEU
Master Builders Australia has today launched a campaign highlighting the benefits of the ABCC and Building Code 2016. The campaign "Don't be fooled by the CFMEU" aims to raise community awareness about some of the many benefits the ABCC and Building Code (06 August 2017). More...

Introducing a ten-point plan for Fire Safety Reform
Responding to London's Grenfell Tower fire, the 10-point plan announced by the New South Wales Government will ensure unsafe building products are taken off the shelves, buildings with problematic cladding are identified and that only people with the right skills and experience are able to certify buildings and sign off on fire safety (03 August 2017). More...

Limiting depreciation deductions: What do the proposed changes mean for quantity surveying
A closer look at draft legislation by the Australian Federal Government that seeks to limit deductions on residential rental property and what these proposed changes mean for quantity surveying (03 August 2017). More...

Tradies – the most valuable part of your toolkit is your health and safety
To mark the start of Tradies Health Month, Safework Australia have released a new infographic with data and statistics on serious claims made by tradies, and will release a collection of resources and information throughout August to help workers specifically in the trade industry (01 August 2017). More...


NSW building consumers hit with thousands in unexpected payments
Residential building customers in New South Wales are being forced to cough up with thousands of dollars in payments over and above what they believed they would be liable for, the consumer regulator in that state says (10 August 2017). More...

Uncapped tax on new housing supply will make housing unaffordable
A Planning Circular recently issued by the NSW Government outlining changes to the cap on local infrastructure contributions is likely to increase the cost of housing and exacerbate the housing affordability crisis, warns the Urban Taskforce (10 August 2017). More...

Insurer move on cladding concern puts building owners, certifiers at risk
Building owners could find themselves without a way to claw back rectification costs, after insurer efforts to exclude liability for private certifiers over non-compliant cladding. The Australian Institute of Building Surveyors, last week wrote to members warning that some professional indemnity insurers were imposing 'onerous exclusions' to policies in relation to non-compliant cladding (08 August 2017). More...

Data supports better buildings – new reporting by certifiers
In response to the Lambert Review the NSW Government recognises that systems to capture, use and share building certification data can be improved. The NSW Government is committed to building this evidence base. Later this year, local councils and A1, A2 and A3 certifiers will start reporting data to the Government about the buildings they certify (07 August 2017). More....


ACI Construction Briefs
A fortnightly communication highlighting key updates related to Australia's construction industry. 31 July 2017 - ACI Construction Brief: Boom in apartments has not solved affordability problem

Australian Bureau of Statistics
09/08/2017 Housing Finance, Australia, June 2017 (cat no. 5609.0).
02/08/2017 Building Approvals, Australia, Jun 2017 (cat no. 8731.0).

Practice and courts

ABCB: NCC readability
Work is underway to improve how you read the NCC. A major part of this work is a consistent set of NCC Governing Requirements. This includes aligning Section A of Volumes One and Three, and Section 1 of Volume Two. Feedback on the Proposed NCC Governing Requirements is now open until 3 September 2017 (07 August 2017).

ABCB: Implementation of improved WaterMark
Implementation of the improved Scheme commenced on 1 August 2017 (04 August 2017). More...

NSW BPB: Fire safety: legislative amendments from 1 October
From 1 October 2017 there will be stricter requirements for the design, approval, inspection and maintenance of fire safety systems in complex buildings. The improved design, installation and maintenance of building fire safety systems is a NSW Government priority being achieved through amendments to the EP&A Regulation (07 August 2017). More....

NSW BPB: Certifiers must avoid both actual and perceived conflicts of interest
Certifiers can test their knowledge with a brief set of questions about conflict of interest provisions. Certifiers must demonstrate independence and observe strict compliance with their statutory obligations and the Code of Conduct (07 August 2017). More...

NSW BPB: /August 2017 e-news
The e-news is a regular digest of work by the Board, legislative updates, events, training and consultation opportunities (07 August 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. More...


Field v Commissioner for Fair Trading [2017] NSWCATOD 118
(04 August 2017) (K Ransome, Senior Member)
Home Building Act 1989; Home Building Regulation 2004 Home Building Regulation ... to the work to be performed Legislation Cited: Home Building Act 1989; Home Building Regulation 2004 Home Building Regulation ... that decision by the Tribunal. Legislation the Home Building Act 1989 (the Act) is part of the legislative scheme.

Cooper v Commissioner for Fair Trading [2017] NSWCATAD 242
(08 August 2017) (D Dinnen, Senior Member)
REVIEW - Home Building Act 1989 - Application for qualified supervisor certificate ... 1997 Civil and Administrative Tribunal Act 2013; Home Building Act 1989 ... decision. Catchwords: ADMINISTRATIVE REVIEW - Home Building Act 1989 - Application for qualified supervisor certificate.

Dyldam Developments Pty Ltd v Mewing [2017] NSWCATAP 170
(14 August 2017) (M Harrowell, Principal Member, F Corsaro SC, Senior Member)
Civil and Administrative Tribunal Rules; 2014 Home Building Act 1989 (NSW) ... Civil and Administrative Tribunal Rules, 2014; Home Building Act 1989 (NSW) Cases Cited: Hammond v Ozzy's Cheapest Cars ... claim" brought in accordance with Part 3A the Home Building Act 1989 (NSW) (the HB Act).



Work Health and Safety Regulation 2017 (NSW)
The object of this Regulation is to remake, with no significant changes, the Work Health and Safety Regulation 2011, which is repealed on 1 September 2017 under section 10(2) of the Subordinate Legislation Act 1989.

Bills introduced Government – 04 August 2017
Environmental Planning and Assessment Amendment (Staged Development Applications) Bill 2017
Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Bill 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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Christine Jones
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.