Australia: Residential Focus - 22 November 2017: Part 2

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

In the media

Director of builder that went bust fails to provide records because of 'mental conditions'
Subcontractors like Beau Hartshorn say they've lost hundreds of thousands of dollars in the collapse of building giant Walton Construction. Now, a confidential liquidator's report obtained by the ABC claims the company's director knowingly traded while insolvent — but the director denies any breach of duties (17 November 2017). More...

Government bans use of dangerous cladding
Fire safety in high-rise buildings will be enhanced by new powers to crack down on the dangerous use of building products, Minister for Better Regulation Matt Kean announced today. Breaches of the new bans will render offenders liable to fines of more than $1 million for companies, and more than $200,000 for individuals (16 November 2017). More...

HIA: Changes to Planning Rules will cause more pain for new Homebuyers
The package of amendments made today to the NSW Planning Act will add more cost and further delays to new home buyers says the Housing Industry Association (14 November 2017). More...

Man fined over illegal construction
A Sydney man who conned householders into believing he was licensed to build granny flats and carry out domestic renovations has been ordered to pay more than $110,000 in fines, costs and consumer compensation. Minister for Better Regulation Matt Kean said Samer Hraiki, 41, of Ashbury, was sentenced in Parramatta Local Court on 13 November after being convicted of 15 offences under the Home Building Act 1989 and the Australian Consumer Law (15 November 2017). More...

Construction company fined over worker's spinal injuries
A Sydney construction company has been fined $300,000 for failing to properly manage a faulty gate which fell on a worker, fracturing her lower spine and pelvis, Minister for Better Regulation Matt Kean said. It is the third time SafeWork NSW has prosecuted Ceerose Pty Ltd for failures in workplace safety, including one incident which resulted in a worker's death in 2013 (14 November 2017). More...

Lendlease reveals plans for second engineered timber building at Barangaroo
Lendlease is seeking planning approval for another engineered timber office building at Barangaroo South – a seven-storey "sister building" to the already completed International House Sydney (13 November 2017). More...

Practice and courts

Australian Cladding and Building Standards Summit 2017
The Australian Cladding & Building Standards Summit, 7-8 Dec 2017, Melbourne, will address issues of safety standards and non-conforming building products. More...

NSW BPB: EP&A Act amendments passed Parliament
The Environmental Planning and Assessment (EP&A) Amendment Bill passed Parliament on 15 November. Part 6, which consolidates and revises provisions related to building and subdivision certification, is proposed to be administered by the Minister for Innovation and Better Regulation (17 November 2017). More...

NSW BPB: EP&A Regulation under review – comments invited by 24 November
The Department of Planning and Environment is reviewing the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation). More...

NSW BPB: 'Get the Site Right' campaign this month to reduce building site erosion
'Get the Site Right' is an ongoing compliance campaign targeting erosion and sediment control on building sites (02 November 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...

Cases

Elias v Alloha Formwork & Construction Pty Ltd [2017] NSWSC 1546
1. Judgment in favour of the plaintiffs against the first defendant in the sum of $804,703.55.
2. Judgment in favour of the plaintiffs against the second defendant in the sum of $477,013.45.
3. Judgment in favour of the plaintiffs against the third defendant in the sum of $467,950.00.
BUILDING AND CONSTRUCTION – Home Building Act 1989 – Statutory warranties – Breach – Calculation of damages for cost of rectification of defects – Calculation of delay costs.
CONSUMER LAW – Australian Consumer Law s 18 – Misleading or deceptive conduct – Whether defendants made representations – Whether representations were misleading or deceptive – Whether plaintiffs relied on representations.
CONTRACTS – Breach of contract – Consequences of breach – Right to damages – Whether plaintiff entitled to costs of rectifying defects in building or cost of demolition and rebuild.
CONTRACTS – Building and construction – Formation – Whether first defendant entered into contract with plaintiffs – Whether contract varied by agreement.
CONTRACTS – Remedies – Damages – Remoteness of damage – Whether plaintiff's impecuniosity must be taken into account in determining what loss is reasonably foreseeable.
CONTRACTS – Termination of contract – Repudiation – Whether first defendant repudiated contract – Whether plaintiffs accepted repudiation. NEGLIGENCE – Duty of care – Breach – Whether third defendant breached duty of care in issuing construction certificates – Whether plaintiffs suffered loss as consequence of defendants' breach.
Australian Consumer Law s 18; Environmental Planning and Assessment Act 1979 (NSW); Environmental Planning and Assessment Regulation 2000 (NSW); Home Building Act 1989 (NSW).

Legislation

NSW

Bills introduced Government – 20 November 2017
Building Products (Safety) Bill 2017
Building Products (Safety) Bill 2017 – Explanatory Note
Building Products (Safety) Bill 2017 – Second Reading Speech

Non-Government
Snowy Hydro Corporatisation Amendment (Restriction on Sale) Bill 2017

Bills passed by both Houses of Parliament
Electricity Supply Amendment (Emergency Management) Bill 2017
Environmental Planning and Assessment Amendment 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.

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