Australia: Residential Focus - 14 March 2018 - Part 2

Last Updated: 17 March 2018
Article by Christine Jones, Stefanie Dunnicliff and Divya Chaddha
Most Read Contributor in Australia, September 2018

In the media

Who is responsible for balcony collapses?
On several occasions after first leasing a residential property in the NSW suburb of Collaroy in 2005, architect Joanne Gillies had complained to her landlord and the landlord's managing agent about the structural integrity of her balcony (09 March 2018). More...

RBA shines spotlight on planning regimes
The Reserve Bank of Australia released a Research Discussion Paper today on The Effect of Zoning on House Prices, which reports that zoning raised detached house prices 73 per cent above marginal costs in Sydney, 69 per cent in Melbourne, 42 per cent in Brisbane and 54 per cent in Perth (08 March 2018). More...

HIA: Apartment boom rolls on
Building Approval results were released today by the Australian Bureau of Statistics and report that new apartment approvals were up by 5.5 per cent during the three months to January 2018. Over the year to January 2018, new apartment approvals totalled 106,000 a very high level by historic standards (05 March 2018). More...

Why regional sourcing makes sense for building projects When it comes to sourcing materials for a building project, thinking local can have huge benefits, including sustainability wins, greater transparency around compliance and enhanced financial flexibility (05 March 2018). More...

Check the cladding on your apartment building is fire safe
The NSW Government is working to address the fire safety risks associated with external wall cladding in high-rise buildings and has developed and started implementing a co-ordinated, whole of government policy response (09 March 2018). More...

NSW Housing Approvals falling
The Australian Bureau of Statistics latest data on Housing Approvals indicates that NSW approvals are dropping compared to Victoria (09 March 2018). More...

Girraween builder fined $135,000 after injury at Doonside building site
Universal Property Group Pty Ltd pleaded guilty to failing to ensure the health and safety of workers at the Doonside site after a young man fell through a void that was not properly covered, and lacked any signage to warn staff of the potential danger (07 March 2018). More...

HIA: Be prepared for blitz on falls
From 1 November 2017 SafeWork NSW inspectors will have the power to issue on the spot fines of up to $3,600 to corporations and $720 to individuals for breaches relating to falls from heights. Fines may be issued where risk to workers is imminent or serious, or if the workplace is considered to be a repeat offender (02 March 2018). More...

NSW Green Star brand caught up in waste scandal
NSW construction waste sent to Queensland for recycling is instead ending up dumped in landfill, a Fairfax investigation this week has revealed, raising fears that the practice could compromise the legitimacy of NSW Green Star ratings (01 March 2018). More...

Banned builder Matthew Geoffrey Rixon jailed
Rixon, 33, pleaded guilty to contempt of court for breaching NSW Supreme Court orders made in April 2013 that permanently banned him from working in the home building industry. In September 2013 Rixon was charged for breaching those orders and a year later was given a suspended sentence of 18 months jail (01 March 2018). More...

Published

Housing affordability: re-imagining the Australian dream
John Daley, Brendan Coates, Trent Wiltshire; Grattan Institute: 04 March 2018
Building an extra 50,000 homes a year for a decade could leave Australian house prices 5 to 20 per cent lower than they would be otherwise, and stem rising public anxiety about housing affordability, according to this Grattan Institute report. More...

ACI Construction Briefs
A fortnightly communication highlighting key updates related to Australia's construction industry:
ACI Construction Brief: Australia is marching to a different beat (05 March 2018)

Australian Bureau of Statistics
05/03/2018 Building Approvals, Australia, Jan 2018

Practice and courts

ABCB: Discussion paper open for comment
The Australian Building Codes Board (ABCB) ABCB is currently seeking your feedback in relation to the NCC and short-term accommodation in apartment buildings (07 March 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. For energy efficiency of commercial buildings, the public comment period closes COB, 20 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

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

New South Wales

NSW BPB: webinar recording now available
The Building Professionals Board's recent consultation webinar is now available to view (01 March 2018). More...

NSW BPB: February newsletter
'Cert Alert' is your regular update on work by the Board, legislative change, events, training and consultation opportunities (27 February 2018). More...

NSW BPB: New EP&A Act to commence 1 March 2018
Recent changes to the Environmental Planning and Assessment Act 1979 will commence on Thursday 1 March 2018 (28 February 2018). More...

Implementation update – changes to Environmental Planning and Assessment Amendment Act 1979
Many of the amendments to the Environmental Planning and Assessment Act 1979 made by the Environmental Planning and Assessment Amendment Act 2017 are proposed to commence on 1 March 2018. More...
Part 5 – Infrastructure delivery
There is a requirement for notification of proposed activities to ensure future plans for an infrastructure corridor will not be affected.
Part 6 – Building and subdivision
The new Act strengthens building regulation and certification procedures to ensure quality and safety.
Part 7 – Infrastructure contributions
The infrastructure contributions system has been improved to promote the efficient sharing of costs and benefits in infrastructure development (March 2018).

Cases

Komadina trading as We Paint Pools v Kelleher [2018] NSWCATAP 56
COSTS: Whether special circumstances. Civil and Administrative Tribunal Act 2013 (NSW). Civil and Administrative Tribunal Rules 2014 (NSW).

NSW Commissioner for Fair Trading v Rixon (No. 4) [2018] NSWSC 1
CONTEMPT OF COURT – sentencing – breach of consent orders preventing conduct with respect to residential building work – plea of guilty to knowingly breaching orders in five respects – contempt committed during period of suspended prison sentence imposed for a similar breach of the same orders – aggravating factors - no demonstration of remorse – high likelihood of reoffending – significance of both specific and general deterrence – no penalty other than fulltime imprisonment appropriate.

Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54
PRACTICE AND PROCEDURE – Interlocutory decision - leave to appeal - relevance of cl 12 of Sch 4 of the Civil and Administrative Tribunal Act 2013 - need to show substantial miscarriage of justice - applicable principles to grant of leave. SUMMONS - application to set aside - applicable principles - need to identify issues in dispute - apparent relevance - "throw light on" issues in dispute - unduly onerous - oppressive.
COSTS - general discretion - partial success in application.
The substantive proceedings in which the Decision was made relate to disputes concerning a contract for residential building works between the builder and the respondent (homeowner).

Athas v Baxter [2018] NSWCATAP 62 (12 March 2018) (A. Coleman SC, Senior Member, D. Goldstein, Senior Member)
Existence of special circumstances to justify a costs order. Civil and Administrative Tribunal Act 2013 (NSW).

Owners Corporation SP 80609 v Paragon Construction (NSW) Pty Limited [2018] NSWSC 266 (02 March 2018) (McDougall J)
CIVIL PROCEDURE – application by builder and developer for leave to bring cross claim against principal certifying authority – whether cross claim maintainable at law – whether principal certifying authority owes duty of care to first plaintiff – whether any liabilities which exist are coordinate – where prior questions of law unable to be quickly and easily resolved – where no prejudice to the principal certifying authority exists aside from costs and inconvenience – leave granted.
CIVIL PROCEDURE – offer of compromise accepted between first plaintiff and third defendant – whether judgment should be entered now in accordance with UCPR 20.27 – where issue of potential prejudice or estoppel may arise if judgment is entered – no prejudice in delaying entry of judgment until trial – judgment not entered.

The Owners of Strata Plan 84879 v Ex Parte JMA Developments Pty Ltd & Anor [2017] NSWDC 424 (07 August 2017) (Neilson DCJ)
CONTRACTS – BUILDING AND CONSTRUCTION CONTRACT – APPLICATION OF STATUTORY PROVISIONS – first defendant (a builder) constructed four townhouses for second defendant (a developer) – property subsequently came into possession of plaintiff (owners' corporation) which became "successor in title" to developer and the developer became statutorily liable for any breach by the builder. Claim proceeded ex parte.

Chuang v New Legend Global Developments Pty Ltd [2017] NSWCATCD 101 (20 November 2017) (P French, General Member)
HOME BUILDING – claim by a homebuilder for compensation from a builder for costs of rectifying incomplete and defective home building works; claim by a homebuilder for refund of project management fees paid to a builder in circumstances where the building works were incomplete and defective – claim that the builder engaged in misleading and deceptive conduct – homebuilder's entitlement to compensation established on the evidence – homebuilder's entitlement to a refund of project management fees not established on the evidence - homebuilder's entitlement to relief from payment of project management fee established on the evidence.
PRACTICE & PROCEDURE – application for leave to be represented – where the applicant does not speak English – where the quantum of the claim exceeds $80,000.00 – where there is a degree of legal complexity in the proceedings – where leave has been granted to both parties to be represented in the proceedings in the interlocutory stages – leave granted.
COSTS – homebuilder's claim for costs of production of an expert report – homebuilder's claim for costs of the proceedings on an indemnity basis – principles to be applied – costs awarded on the ordinary basis.

Legislation

Home Building Act 1989 (NSW) (No. 147 of 1989)
Proposed amendment by State Debt Recovery Bill 2017.

Strata Schemes Management Act 2015 (NSW) (No. 50 of 2015)
Proposed amendment by Property, Stock and Business Agents Amendment (Property Industry Reform) 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 Mondaq.com.

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

Authors
Christine Jones
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
 
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 Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions