Australia: Residential Focus – 15 August 2018: Part 2

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

In the media

New regulations failing consumers and builders, says HIA
The Housing Industry Association (HIA) has expressed concern about new legislation that has caused delays in getting power and meters provided to building sites. Under the new legislation, introduced in December 2017, all new electricity meters installed in new homes must be advanced or 'smart' (09 August 2018). More...

MBA: Builders Upbeat Despite Moderating Housing Market
Builders remain relatively upbeat despite the moderating housing market, according to the latest real time snapshot of business confidence in the building industry (02 August 2018). More...

The toxic face of PVC manufacturing exposed
The building design sector should be careful when selecting building and furnishing materials containing PVC, with a new report finding mercury, asbestos, PFAS chemicals and other hazardous substances in the footprint of some chlorine-based materials (02 August 2018). More...

Building approvals rebound as property sector shows resilience
If the property sector was starting to feel the chilled winds of a slowdown it wasn't evident in June, with developers winning approval for more than 19,000 new dwellings (31 July 2018). More...

Proposed ban on the use of certain types of aluminium composite panels
NSW Fair Trading Commissioner, Rose Webb, has given notice of her intention to impose a building product use ban under the Building Products (Safety) Act 2017. It is an offence for a person to contravene a building product use ban or to represent that a building product is suitable for use in a building if its use would contravene the ban. Corporations can be fined up to $1.1 million and individuals up to $220,000 (10 August 2018). More...

Fair Trading reforms set to deliver big benefits for NSW consumers
Consumers are set to save big on time and money, and have disputes with businesses resolved quicker, thanks to new Fair Trading powers. Minister for Better Regulation Matt Kean said the Fair Trading Legislation Amendment (Consumer Guarantee Directions) Bill, granting the new powers, would be introduced into Parliament by mid-August (08 August 2018). More...

Further funds to support Holbrook homeowners affected by loose-fill asbestos
Holbrook homeowners affected by loose-fill asbestos insulation will be better off with a funding boost of more than $26,000 from the NSW Government. This is a second round of funding, which followed an earlier $88,000 provided to Holbrook residents from the Community Assistance Package to help with things like reconnection fees, storage costs, and travel subsidies for builders and other trades (03 August 2018). More...

In practice and courts

ABCC: Security of payments – nation-wide campaign commences
The ABCC has begun a nation-wide campaign to educate contractors on their responsibilities to pay their subcontractors on time under the Code for the Tendering and Performance of Building Work 2016. It's important that contractors meet their obligations under the Code, otherwise they risk possible sanctions from tendering for Commonwealth funded projects (02 August 2018). More...

ABCC: Zero tolerance for drugs and alcohol on construction sites
The ABCC regulates the Code for the Tendering and Performance of Building Work 2016. The Code has strict rules about fitness for work. Code covered contractors are reminded that they must ensure all of their sites have an approach to managing drug and alcohol issues in the workplace. The relevant drugs are those listed in Schedule 4 to the Building Code (02 August 2018). More...

ABCC: Are you paying your workers correctly?
Over the past 12 months the ABCC has recovered $241,986 for 183 employees. The money related to the underpayment of wages and workers' entitlements. The audits revealed that while more than 70 per cent of employers are compliant with their obligations some employers are misinterpreting award provisions relating to things such as travel and meal allowances (02 August 2018). More...

ABCC: Information at your fingertips
The ABCC has now launched its free app for mobile devices. ABCC On Site enables people on building sites to have access to information at their fingertips. More...

Current Consultations
Non-conforming building products
Status: Submissions Closed Date Referred: 11 October 2016 Next Hearing: 02 August 2018 Reporting Date: 16 August 2018

Proposed ban on the use of certain types of aluminium composite panels
Under the Building Products (Safety) Act 2017, the intended ban will prohibit the use of aluminium composite panels with a core comprised of more than 30 per cent polyethylene by mass in any external cladding in certain multi-storey buildings. There are exceptions for products that can pass stringent tests that meet certain Australian Standards (10 August 2018). More...

BPB: Building and Development Certifiers Bill 2018
Comments are invited on the proposed Building and Development Certifiers Bill 2018 by 4 September 2018 (07 August 2018). More...

BPB: Certifiers can now issue CDCs for lead-in infrastructure
A1, A2, A3 and B1 certifiers may now issue complying development certificates (CDCs) for 'lead-in infrastructure' under clause 130 of State Environmental Planning Policy (Infrastructure) 2007 (03 August 2018). More...

BPB: Certification data reporting – fifth software option available
Greenlight Online Permit Manager has been verified as fully compliant with the data reporting requirements for local councils and private certifiers (31 July 2018). More...

NSW Planning: Have your say - Plans
Draft Design Guide for Heritage closes 17 August 2018.


Levick v Building Professionals Board [2018] NSWCATOD 125
ADMINISTRATIVE REVIEW – accredited certifier – finding of unsatisfactory professional conduct – conduct not sufficiently serious to amount to professional misconduct – appropriate penalty.

Bajic v Paraskevopoulos [2018] NSWCATAP 192
BUILDING AND CONSTRUCTION – building contract – adequacy of reasons – whether Tribunal erred in failing to consider a party's admission against interest – resulting effect on weight to be given to expert report.

Scoular v Ostle [2018] NSWCATAP 189
CONTRACT – Supply of solar power system – Terms of contract – Claim for unpaid purchase price – Rebate unrecoverable –Deduction of rebate from unpaid purchase price where purchaser decommissions system.

The Owners – Strata Plan No 66375 v King [2018] NSWCA 170
BUILDING AND CONSTRUCTION – claim by owners corporation against persons alleged to be "developers" as defined by Home Building Act 1989 (NSW) s 3A – question of fact as to whether alleged "developers" were parties to building contract.
APPEALS – drawing of inferences on appeal – evaluation of competing inferences – where primary judge failed to draw inference that respondents were parties to the building contract.
BUILDING AND CONSTRUCTION – whether developers liable for "design defects" – statutory construction of Home Building Act 1989 (NSW) ss 18B and 18C – scope of notional contract pursuant to s 18C – whether breach of statutory warranty pursuant to s 18B(c).

Mitsiou v Zanatta; Jenalp Pty Limited v Mitsiou [2018] NSWCATAP 187
APPEAL – extension of time for filing of appeal – application to rely upon new evidence.
HOME BUILDING CLAIM – measure of compensable loss where contract for supervisory works is only part-performed – question of fact as to whether payments in cash were made.

Chris Akrivos v Commissioner for Fair Trading [2018] NSWCATOD 120
ADMINISTRATIVE LAW – administrative tribunals - Civil and Administrative Tribunal (NSW) – absence of internal review – jurisdiction The application is dismissed. Administrative Decisions Review Act 1997 (NSW); Home Building Act 1989 (NSW).

Catapult Constructions Pty Ltd v Denison No 2 [2018] NSWCATAP 186
APPEAL – Home Building Act – s 48O, terms of order to rectify.

In the Matter of ACN 092 745 330 Pty Ltd [2018] NSWSC 1185
CIVIL PROCEDURE –Originating process – Amendment. Relevantly, for present purposes, the Liquidator contends that there were three companies which, in succession, carried on the same building and construction business.


New South Wales
Consultation or Exposure Bills – 10 August 2018
Building and Development Certifiers Bill 2018

Regulations and other miscellaneous instruments
Building Professionals Amendment (Accredited Certifiers) Regulation 2018 (2018-409) — published LW 3 August 2018

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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