Australia: Residential Focus - 28 February 2018: Part 2

Last Updated: 1 March 2018
Article by Christine Jones, Stefanie Dunnicliff and Divya Chaddha
Most Read Contributor in Australia, August 2018

In the media

Small business to be biggest winners from reno boom
More than 370,000 SME builders and tradies will be big winners as Aussie homeowners spend an expected $44 billion renovating their properties over the next five years, according to Denita Wawn, CEO of Master Builders Australia (22 February 2018). More...

Strata stakeholders in turmoil over cladding crisis
Strata owners corporations are facing insurance premium rises of 300 per cent in response to the flammable cladding crisis, while one Sydney owner we spoke to is facing serious financial hardship from replacement costs. There's an urgent need for accountability but little action (22 February 2018). More...

NSW Defect Bond Scheme is beset with problems
Few issues force politicians to act on dodgy building practices more than reports of 85 percent of new apartments being riddled with defects (23 February 2018). More...

NSW helps homeowners search for home cover
The NSW Government has produced an online tool allowing homeowners to independently check if their building or renovation works have valid insurance certificates. The Home Building Compensation Check includes details of more than 460,000 projects in the state (12 February 2018). More...

First home buyers turning the tide in NSW
First homebuyers are flocking back into the NSW housing market with the number of people taking advantage of the NSW Government's stamp duty concessions more than tripling since the Government introduced its housing affordability package last year (11 February 2018). More...

Published

Paying for affordable housing in different market contexts
Bill Randolph, Laurence Troy, Vivienne Milligan, Ryan van den Nouwelant; Australian Housing and Urban Research Institute: 14 February 2018
This study analysed recently completed affordable housing developments across Australia to ascertain how affordable housing project costs, revenues and subsidies interact. More...

The Bottom Line: The household impacts of delaying improved energy requirements in the Building Code
Australian Sustainable Built Environment Council (ASBEC) and ClimateWorks Australia (interim Report) February 2018. The full report will be released in early 2018.
The report finds that simple energy efficiency changes – such as sealing air leakages, installing ceiling fans in warmer climates, and improving insulation in cooler climates – could cut energy consumption for heating and cooling by up to 51 per cent across a range of housing types and climate zones. More...

ACI Construction Briefs
A fortnightly communication highlighting key updates related to Australia's construction industry.
ACI Construction Brief: Everybody has a view, but ... (19 February 2018)

Australian Bureau of Statistics
21/02/2018
Construction Work Done, Australia, Preliminary, Dec 2017 (cat no. 8755.0)

Practice and courts

Construction code changes planned
The Australian Building Codes Board is seeking feedback on proposed changes to the National Construction Code 2019. The changes included improved fire safety measures, and removing the ability to use bonded laminated material where a non-combustible material is required. here

NCC 2019 Public Comment Draft addendum [2]
An addendum has been issued for NCC 2019, Volume Two - Version 1.1 (20 February 2018). More...

ABCB: NCC 2016 Volume One Amendment 1
The Amendment preview and Evidence of Suitability handbook are now available. Accompanying the preview is a summary of changes, the Consolidated Performance Requirements preview and a new Evidence of Suitability Handbook. NCC 2016 Volume One Amendment 1 is scheduled for adoption by all States and Territories from 12 March 2018.

ABCB: NCC 2019 Public Comment Draft is now available
The consultation period for proposed changes for NCC 2019 is now open and the ABCB is seeking your feedback. Full details of the changes are provided in the NCC 2019 Public Comment Draft. Feedback should be submitted using the NCC response sheet and uploaded to the online form located on the ABCB website. Submissions close 13 April 2018. More...

Registration is now open for the 2018 NCC Information Seminars
In February and March 2018, a representative from the ABCB will be coming to a capital city near you. Don't miss out on your opportunity to hear about the following BCA initiatives: NCC 2016 Volume One amendment addressing fire safety; NCC 2019 public comment draft; The improved CodeMark scheme; and The practical development and assessment of Performance Solutions. More...

Economics References Committee Inquiries

Governance and operation of the Northern Australia Infrastructure Facility (NAIF)
Status: Submissions Closed Date Referred: 14 June 2017 Reporting Date: 24 April 2018.

Non-conforming building products
Status: Submissions Closed Date Referred: 11 October 2016 Reporting Date: 30 April 2018.

Cases

Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45
CONSTITUTIONAL LAW – judicial power – whether Civil and Administrative Tribunal (NSW), NCAT, exercises judicial power – whether NCAT exercises judicial power when determining matters under the Residential Tenancies Act 2010 (NSW) – NCAT exercises judicial power.
CONSTITUTIONAL LAW – Chapter III courts – defining characteristics of Chapter III courts – whether Civil and Administrative Tribunal (NSW), NCAT, a "court of a State" within Chapter III – NCAT is a court of a State for the purposes of Chapter III.
COURTS AND TRIBUNALS – Civil and Administrative Tribunal (NSW), NCAT – jurisdiction of NCAT – whether Tribunal has authority to adjudicate in matters under the Residential Tenancies Act 2010 (NSW) between residents of different states – NCAT has authority to adjudicate.
COURTS AND TRIBUNALS – courts of record – Civil and Administrative Tribunal (NSW), NCAT – whether NCAT a court of record – NCAT a court of record.
NCAT matters that involve the exercise of judicial power but which were not dealt with by the former ADT include, without attempting to be exhaustive: Home building matters.

Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5
Administrative law – Judicial review – Building and Construction Industry Security of Payment Act 2009 (SA) – Where subcontract provided for sum to be paid to subcontractor after issue of certificate of occupancy – Where issue of certificate of occupancy required certification from builder that building work performed in accordance with head contract – Where adjudicator appointed to determine disputed payment claim – Where adjudicator determined provisions of subcontract ineffective because pay when paid provisions – Whether adjudicator's determination involved error of law – Whether adjudicator's determination should be quashed.
Administrative law – Judicial review – Availability of certiorari – Error of law on face of record – Whether Building and Construction Industry Security of Payment Act 2009 (SA) ousts jurisdiction of Supreme Court of South Australia to make order in nature of certiorari to quash adjudicator's determination for non-jurisdictional error of law on face of record.

Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4
Administrative law – Judicial review – Availability of certiorari – Error of law on face of record – Non-jurisdictional error – Building and Construction Industry Security of Payment Act 1999 (NSW) – Where Act confers entitlement to "progress payment" on persons who undertake to carry out construction work under construction contracts and provides scheme for determining disputed claims – Where first respondent made claim for progress payment – Where claim referred to adjudicator for determination – Where adjudicator made error of law in reasons for determination – Where reasons form part of record – Whether Act ousts jurisdiction of Supreme Court of New South Wales to make order in nature of certiorari to quash determination for non-jurisdictional error of law on face of record.

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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