Australia: Residential Focus: In the media, reports, cases and legislation

Last Updated: 24 June 2019
Most Read Contributor in Australia, July 2019

In the media

New laws needed for law breaking unions and officials
Denita Wawn, CEO of Master Builders Australia has said the Ensuring Integrity Bill is about making unions more accountable and bringing them into line with the community's expectations (13 June 2019). More...

MBA National Survey Results Show Need To Fast Track Project Pipeline
The results of the latest Master Builders Australia's (MBA) National Survey of Building & Construction show that Australia's builders are feeling the chill from the weaker conditions now facing the industry," commented MBA Chief Economist Shane Garrett (12 June 2019). More...

Australia's economy slows to levels last seen during the GFC
Australia's economy has slowed further, with GDP growth tumbling under 2 per cent over the past year. The rapidly cooling residential construction sector was a significant drag, with dwelling investment falling 2.5 per cent over the quarter having been at record levels in late 2018 (05 June 2019). More...

What we know about the Mascot Towers cracks
Hundreds of residents had to find alternative accommodation with friends and family or pay for hotels and it is not known when they will be able to return (15 June 2019). More...

How construction will look in 2030: Better standards, off-site construction, more wood
The Australian construction industry needs to radically shake up its approach to construction to help save the environment, experts say (05 June 2019). More...

Residents of Sydney high-rise unsure when they can return after 'cracks'
Engineers Australia said cracks appearing in a unit complex in Sydney is further evidence that changes are needed in the building and construction sector (15 June 2019). More... (member access)

Tzannes and Lendlease reveals new engineered timber building for UNSW
The University of New South Wales has lodged a new development application for the construction of a new timber building designed by Tzannes and Lendlease, using engineered mass timber as a construction material (12 June 2019). More...

Practice and courts

Member Communique Professional Indemnity Insurance Update
AIBS has released a statement regarding the availability of PI Insurance for building surveyors in Australia (11 June 2019). More...

API: Risk rating to be assigned to flammable cladding buildings
Inconsistent approaches to flammable cladding across the country has prompted the Australian Property Institute to lead the way with a valuation protocol which will assign a risk rating on properties that appear to be clad, is known to be clad or is known to have non compliant cladding (03 June 2019) . More...

Successful 2019 National Housing Research Program commences
Research will be undertaken by collaborative teams from AHURI's eight national university research partners. The successful projects include two Inquiries. (28 May 2019). More...

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. A delayed adoption to 1 September in the ACT applies to the following provisions outlined here (May 2019). More...

AIBS: Draft Standards Open for Comment
There are several Standards currently open for comment. Of particular interest are: AS 4420.1 - Windows, external glazed, timber and composite doors. Closes 11th June 2019
This page can be accessed by clicking here. Comments direct to Standards Australia is here.

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...

New Building Standards
DR AS/NZS 2785:2019
Suspended ceilings - Design and installation
Standards Australia

DR AS/NZS 3000:2018 Amd 1:2019
Electrical installations (known as the Australian/New Zealand Wiring Rules)
Standards Australia

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...

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. There will be a number of other changes that will involve further design and consultation from mid to late 2018 outlined here.

Cases

Shehata v Department of Fair Trading; Visual Building Constructions Pty Ltd v Department of Fair Trading [2019] NSWCATAD 116
ADMINISTRATIVE Law – administrative review – home building - fit and proper person -– weight of evidence – adverse findings.

Goodwin v Rana [2019] NSWDC 247
BUILDING AND CONSTRUCTION – plaintiff and defendants settle proceedings by deed – plaintiff commences proceedings after defendants default in payment – defence asserts faulty workmanship and foreshadows cross-claim – plaintiff seeks summary judgment for a sum in excess of the amount in the deed – accord and satisfaction – repudiation – whether evidence sufficient for summary judgment – application for summary judgment refused.

Hooper v Coolwater Constructions Pty Ltd [2019] NSWDC 253
PRACTICE AND PROCEDURE – case and trial management in circuit courts - plaintiffs bring application to rely on late-served lay and expert evidence in proceedings set down for trial in next country circuit sittings – parties previously agreed only lay evidence in reply permitted – plaintiff seeks to go behind the agreement noted by the court as the basis for the hearing date allocation – no evidence of "exceptional" circumstances warranting late service of expert report – notice of motion dismissed with costs on an indemnity basis.

South 32 Ltd v Allfab Constructions Pty Ltd [2019] NSWCA 132
NEGLIGENCE – contribution between tortfeasors – plaintiff suffered injury in workplace – plaintiff brought proceedings against occupier and a contractor on site – proceedings between plaintiff and occupier compromised – occupier sought statutory contribution against contractor – whether primary judge failed to deal with way in which occupier had advanced its case – whether primary judge erred in (notional) assessment of contribution – appeal dismissed.

Samimi v Department of Fair Trading [2019] NSWCATOD 86
ADMINISTRATIVE Law – administrative review – home building - fit and proper person - whether conduct constitutes failure to disclose – whether matters required disclosure – meaning of fit and proper having regard to legislative scheme – weight of evidence – unchallenged evidence of conduct.

K & J Vision Pty Ltd v Jows Construction Pty Ltd [2019] NSWCATAP 139
Appeal – delay – dismissal of claim for want of prosecution –discretion under s 55 of the Civil and Administrative Tribunal Act 2013 (NSW) – lack of evidence as to required delay– appeal allowed.

Mansion Building Pty Ltd v Warren [2019] NSWCATAP 141
APPEAL – leave to appeal – substantial miscarriage of justice – decision under appeal not fair or equitable.

Legislation

Building and Construction Industry Security of Payment Amendment Regulation 2019
Public consultation draft

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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