In the media
Housing Industry Association (HIA): Credit squeezes
industry activity
The low number of building approvals in the first three
months of 2019 are of concern. With this poor quarter of results,
the number of new homes being built has fallen by 15.2 per cent
this year and a further decline in activity through this calendar
year of around 11.0 per cent is expected (15 May 2019).
More...
Building jobs cut as values fall: Survey
Construction jobs dwindled in April as house building
activity contracted for the ninth month in a row, according to an
industry survey (08 May 2019).
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Housing Industry Association (HIA)
urges planning minister to stand firm on missing middle code
Further delays to the implementation of the medium density
housing code will cost NSW home buyers and limit the choice of
housing product for home buyers" said David Bare, HIA
Executive Director NSW (15 May 2019).
More...
Philip Thalis on Sydney's future: Public treasures
or throwaway junk buildings
Now renowned architect and City of Sydney councillor
Philip Thalis has waded into the fray with a searing look at what
will happen to public Sydney under the current regime of how it
treats its built environment (14 May 2019).
More...
Published
The business case for social housing as
infrastructure
Todd Denham, Jago Dodson, Julie Lawson
Australian Housing and Urban Research Institute: 15 May 2019
This research investigated frameworks for funding social housing as
infrastructure, including cost-benefit analysis and alternatives
such as 'avoided cost' and 'housing adjusted life
years', to develop stronger analytical methods. More...
Practice and courts
ABCB Advice: ACT adoption of NCC 2019 deferred to 1 June
2019 - Exclusions apply
The ACT Government has advised that the adoption of NCC 2019 will
be deferred in the ACT to 1 June 2019 (08 May 2019).
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AIBS: Draft Standards open for comment
There are several Standards currently open for comment. Of
particular interest are:
AS 1735.12 - Facilities for persons with disabilities for
lifts. Closes 17th May
AS/NZS 4671 - Steel for the reinforcement of concrete.
Closes 31st May
AS 4420.1 - Windows, external glazed, timber and composite
doors. Closes 11th June
Comments direct to Standards Australia is here
consultation page.
More...
OFSC: Changes to Accredited Contractor reporting
requirements 2019
Key Dates: Scheme Project information, including End of
Project information will be reported on the new Scheme Biannual
Report from 1 July 2019 and the first Scheme Biannual
Report, for the January to June 2019 reporting period, is
due by 31 July 2019.
More...
ABCB advice: ACT adoption of NCC 2019 deferred to 1
September 2019
Advice received from the ACT Government that the adoption
of NCC 2019 will be deferred in the ACT to 1 September 2019 (May
2019).
More...
GBCA important deadlines - Green Star certification for
your project
Many project teams have timelines set around major events.
To support this, these guidelines below (based on typical time
frames), which specify the deadlines you'll need to meet in
order to have your project certified in time for key milestones in
2019. Deadlines are from 08 April – 04 November 2019.
More...
NSW BPB Cert Alert newsletter issue 10
'Cert Alert' is your regular update on work by the
Board, legislative change, events, training and consultation
opportunities (14 May 2019).
More...
EPA: Proposed changes to the regulation of Underground
Petroleum Storage Systems (UPSS)
The EPA is consulting on the draft UPSS Regulation 2019
and seeking submissions. Feedback can be provided through the EPA
consultation portal
here from 17 May 2019 until 14 June 2019.
More...
New dates for Environmental
Planning & Assessment Act updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act updates.
Changes affect new provisions for
building and subdivision certification,
local strategic planning statements for councils in the Greater
Sydney Region and
community participation plans.
Cases
Long v Antoun's Concrete Pumping Pty
Ltd [2019] NSWCATAP 125
COSTS - unsuccessful appeal proceedings from decision
of Consumer and Commercial Division-held section 60 of Civil and
Administrative Tribunal Act displaced by Rules 38 and 38
A-appellant ordered to pay costs of respondent.
The Owners – Strata Plan 30791 v Southern Cross
Constructions (ACT) Pty Ltd (in liq) (No 3)
[2019] NSWSC 560
COSTS - party/party - general rule that costs follow
the event - where quantum determined by referee prior to hearing on
liability - where plaintiffs unsuccessful at hearing on liability -
whether successful defendants should pay plaintiffs' costs of
the reference - whether successful defendants' costs should
include costs of the reference.
COSTS - party/party - bases of quantification - indemnity basis -
whether defendants entitled to indemnity costs by reason of offers
of compromise.
COSTS - party/party - interest on costs - whether there should be
interest on costs.
The Owners Strata Plan 83405 v Ralan (Culworth) Pty
Limited [2019] NSWSC 578
ADMINISTRATIVE LAW - Judicial review -
Construction of Home Building Act 1989 (NSW), s
48K - Jurisdiction of Civil and Administrative Tribunal of NSW -
Whether the Tribunal had jurisdiction to deal with claim for an
amount exceeding $500,000 - Whether the Appeal Panel fell into
error in refusing the plaintiff's application to transfer
proceedings to the Supreme Court - Refusal to conduct judicial
review under s 34 of the Civil and Administrative
Tribunal Act 2013 (NSW).
PRACTICE AND PROCEDURE - Civil procedure - Application for
leave to appeal from a decision of the Appeal Panel of the New
South Wales Civil and Administrative Tribunal - Civil and
Administrative Tribunal Act 2013 (NSW), s 83 - Appeal
on a question of law -Test to be applied by the Tribunal when
considering a transfer application based on jurisdiction - Test to
be applied by the Tribunal when granting leave - Considerations
relevant to an application for adjournment – Whether the
Tribunal failed to properly consider cl 6(1) Sch 4 of the Act.
The Owners – Strata Plan No. 92334 v Piety
Capital Pty Ltd [2019] NSWCATCD
22
Interlocutory applications - Dismissal application -
Transfer application.
Menaker v Adambuilt Pty Ltd [2019] NSWCATAP
117
APPEAL - consent orders - whether basis on which to
set aside - joinder of additional party - whether denial of
procedural fairness - whether significant new evidence not
reasonably available. Civil and Administrative Tribunal Act
2013; Civil and Administrative Tribunal Rules 2014; Home
Building Act 1989.
JCK Building Solutions Pty Ltd v Marr [2019]
NSWCATAP 122
APPEAL - false oral evidence allegedly given at
hearing - fresh evidence claim - new evidence was reasonably
available at the time of hearing -concession that builder would
carry out certain rectification work - leave to appeal refused.
Geneville Constructions Pty Ltd v Leslight (No 2)
[2019] NSWDC 172
BUILDING AND CONSTRUCTION - absence of a formal
detailed written contract between the parties - terms of alleged
contract - extensive factual dispute between main witnesses on
numerous issues - entitlement of plaintiff to recover under alleged
contract - alternative claim for quantum meruit - extent of any
entitlement of plaintiff to recover compensation - claim by the
defendant client for damages for alleged defects, delays and other
losses. Evidence Act 1995 (NSW), section 161;
Home Building Act 1989 (NSW), sections 7, 7A and
10; Uniform Civil Procedure Rules 2005.
Kostos Pty Ltd v Vellios; Vellios v Kostos Pty
Ltd
Construction of a new, three-storey residence in
suburban Sydney. The general conditions of the Contract were the
Master Builders Association Residential (BC4 edition) standard form
conditions. The present dispute is about whether: the Builder is
owed money for "extras"; the Builder's liability for
incomplete and defective works.
In Application HB 17/21359, the Builder's Application, the
Tribunal orders the Owners to immediately pay the Builder the
amount of $55,708.79 including GST.
Florida Kitchens Pty Ltd v Number One Marble and
Granite [2019] NSWSC 574
PRACTICE AND PROCEDURE - Costs - Security costs -
Application for security for costs - UCPR 42.21 - Where there is
reason to believe the plaintiff will be unable to pay costs if so
ordered.
Maloney v Blue Haven Pools South Pty Ltd
[2019] NSWCATCD 17
HOME BUILDING.
Legislation
Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Amendment (Building Code of Australia) Regulation 2019 (2019-187) — published LW 10 May 2019.
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.