In the media
PCA: Property Industry Support for Housing Affordability
Package
The housing affordability measures before the Parliament are
sensible and prudent measures that will help ease Australians
entering the housing market. The First Home Saver Super Scheme is a
non-inflationary measure that helps people bridge the deposit gap.
Importantly, it does not touch the baseline superannuation
contributed by members (07 September 2017).
More...
Senate Moves to Ban Polyethylene Cladding in
Australia
Aluminium cladding containing a flammable polyethylene (PE) core
has no place on any building in Australia and should be banned
outright, the Senate Committee looking into non-compliant building
products in Australia said (07 September 2017).
More...
Grenfell-style flammable cladding should be banned,
Senate committee says
A Senate committee recommends Australia ban the importation, sale
and use of the type of cladding that led to London's deadly
Grenfell tower tragedy, prompting a dissenting report from
Coalition members (07 September 2017).
More...
Senate Inquiry into Non-Conforming Building
Products
The Property Council of Australia is considering the comprehensive
report by the Senate Committee into Non-Conforming Building
Products (NCBPs) and the broader issue of fire safety. Mostly, PE
cladding has been used in ways that do not compromise fire safety
(eg in signage or decorative features), so to ban an entire product
is a big call (07 September 2017).
More...
MBA: Response to 4 Corners Report on
cladding
Master Builders welcomes the coordinated effort being made through
the Building Ministers Forum to improve regulatory settings,
including its expert review of current compliance and enforcement
arrangements. Some of the responses by government so far include
draft amendments to the National Construction Code around fire
safety and the online information hub established by the Australian
Building Codes Board (05 September 2017). More...
Australian high-rises swathed in flammable cladding
despite suppliers knowing of risks
More than a decade before the deadly Grenfell tower fire in London,
Australian suppliers of aluminium composite cladding knew the
product they were selling was highly flammable (04 September 2017).
More...
Industry and government working together on fire
safety
Victoria, NSW, South Australia and Western Australia are
undertaking reviews of large buildings. The Queensland Government
has passed legislation addressing NCBPs last month and the NSW
Government has established an inter-agency Fire Safety and External
Wall Cladding Taskforce (04 September 2017).
More...
Construction jumps but units drag on building
approvals
A big one-off item appears to have put a rocket under construction
work completed in the June quarter, while the apartment sector
looks to be running out of puff (30 August 2017)
More...
Experts appointed to review Australia's building and
construction safety issues
In a move to bolster safety standards in the construction industry,
the Building Ministers' Forum (BMF) has announced that that
Professor Peter Shergold AC and Bronwyn Weir have been commissioned
to assess compliance and enforcement problems within the building
and construction systems across the country that are affecting the
implementation of the National Construction Code (NCC) (29 August
2017).
More...
Amendment to National Construction Code
Following a
Building Ministers' Direction to the Australian Building
Codes Board, the National Construction Code will be amended
out-of-cycle to adopt a
package of measures for fire safety in high rise
buildings.
The proposed
amendments are now available for public comment. The key
aspects of the amendments cover: A new Verification Method that
adopts the external wall testing standard, AS 5113; Improving the
evidence of suitability provisions; Clarifying the DTS Provisions
relating to the fire performance of external walls and Referencing
an updated sprinkler standard, AS 2118.
The Property Council is seeking industry feedback on
the proposed amendment to inform its submission. Individual
submissions can also be made directly to the ABCB via its https://www.surveymonkey.com/r/Public-comment-draft-NCC-2016-Volume-One-Amendment-1"
>consultation page. The opportunity for public comments closes
on 10 September 2017.
ABCB Consultations
NCC
2016 Volume One Amendment 1 Public Comment Draft (Comments
close on 10 September 2017). The NCC changes are the result of a
Building Ministers' directive to expedite completing and
adopting actions from a comprehensive package of measures for fire
safety in high rise buildings, developed following the Lacrosse
Apartments fire.
NSW
Building System Circulars: Building fire safety
regulation new and changed requirements
The purpose of this circular is to inform certifiers, councils,
industry practitioners, and affected building owners of new and
changed fire safety regulation requirements that will soon apply in
NSW (from 1 October 2017) (28 August 2017)
BS 17-002.
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.
Fire safety: legislative amendments from 1 October.
Cases
Ku-ring-gai Council v Chan [2017] NSWCA
226
Appeal allowed. TORTS – negligence – duty of care
– pure economic loss – reliance – vulnerability
–where council as principal certifying authority retained by
owner-builder issued occupation certificate under Environmental
Planning and Assessment Act 1979 (NSW), s 109D(1)(c) in relation to
structurally and non-structurally defective building works on
residential property – where subsequent purchaser of property
enjoyed benefit of statutory warranties against owner-builder under
Home Building Act 1989 (NSW), s 18B – whether council owed
subsequent purchaser duty to take reasonable care in issuing
occupation certificate – where owner-builder agreed with
council that he was responsible for compliance with laws and
approvals – whether council liable to indemnify owner-builder
due to careless issue of occupation certificate
Building Professionals Act 2005 (NSW) ss 63, 65; Building
Professionals Regulation 2007 (NSW), Pt 4, divs 2, 3
Ku-ring-gai Council v Chan [2017] NSWCA 226
BNT Constructions Pty Ltd v Allen [2017] NSWCATAP
186
Appeal allowed. The respondents to pay the appellant's costs of
the appeal on the ordinary basis.
APPEAL – Costs – error of law – failure to
consider relevant consideration – re-exercise of discretion
– apportionment of costs – no question of
principle
Home Building Act 1989 (NSW), s 48MA; Civil and Administrative
Tribunal Act 2013 (No 2) (NSW), ss 36, 50(2), 60, 81
BNT Constructions Pty Ltd v Allen [2017] NSWCATAP 186
Deacon v National Strategic Constructions Pty Ltd;
National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP
185
APPEAL – Assessment of damages – principle in Bellgrove
v Elldridge – Assessment of consequential loss –
conventional estoppel – waiver
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014; Home Building Act 1989
Deacon v National Strategic Constructions Pty Ltd; National
Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP
185
Hoque v ARZ Building & Constructions Pty Ltd [2017]
NSWCATAP 182
1. Each party is to pay its own costs of 13 May 2016.
2. Otherwise, the respondent is to pay the appellants' costs of
the appeal. In this matter the Appeal Panel delivered its decision
on 29 March 2017 cited as [2017] NSWCATAP 71. The appeal was
allowed. The decisions of the Tribunal were set aside and the
matters were remitted to the Commercial and Consumer Division of
the Tribunal for reconsideration according to law. The parties were
ordered to confer as to the costs of the appeal.
Hoque v ARZ Building & Constructions Pty Ltd [2017] NSWCATAP
182
The Owners – Strata Plan 84741 v Nazero
Constructions Pty Ltd [2017] NSWSC 1134
Defect rectification costs quantified; parties to calculate final
figure due from second defendant to plaintiff BUILDING AND
CONSTRUCTION – whether quantification of defect rectification
costs reasonable – whether plaintiff entitled to pre-judgment
interest on quantification of defect rectification costs PRACTICE
AND PROCEDURE – whether second defendant should have leave
under UCPR r 31.28(3) to rely on expert report served by former
cross-defendant – whether exceptional circumstances shown
Home Building Act 1989 (NSW).
More...
Stevanovski v CLK Plumbing Pty Ltd [2017] NSWCATAP
180
APPEAL – Procedural fairness – case determined on an
issue not addressed at the hearing or raised with the parties.
More...
Madikian v Chief Commissioner of State Revenue [2017]
NSWCATAD 263
First home owner grant; residency requirement; interest on unpaid
duty; penalty tax; costs.
More...
Cuaresma v Delta Constructions Australia Pty Ltd and
Nasr [2017] NSWCATCD 67
Residential building work, defective work, whether first and/or
second respondent liable for defects, agency of apparent or
ostensible authority.
More...
Langov v Denkov; Denkov v Langov [2017] NSWCATCD
69
BREACH OF STATUTORY WARRANTIES - abandonment of contract –
damages for defective work – findings where expert report
unopposed.
More...
Subedi v AA Concrete Pty Ltd [2017] NSWCATCD
54
Building claim – breach of contract – failure to
complete works and delay to works – contract terminated
– damages for breach.
More...
Owners Corporation SP 82076 v Taricon Pty Ltd [2017]
NSWCATCD 61
COSTS: Application dismissed - Jurisdictional issue –
Application by respondent for costs.
More...
Shaun Reynolds Builder Pty Ltd v Rawlings [2017]
NSWCATCD 74
Home Building-Repudiation of contract-Enforceability of written
contract-Quantum meruit.
More...
Legislation
Regulations and other miscellaneous instruments
Building
and Construction Industry Long Service Payments Regulation 2017
(2017-476) — published LW 1 September 2017
Plumbing
and Drainage Regulation 2017 (2017-482) — published LW 1
September 2017
Surveying
and Spatial Information Regulation 2017 (2017-486) —
published LW 1 September 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.
