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.

Cases

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.

Legislation

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.

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