In the media
Have your say on Building Stronger Foundations
The NSW Government is continuing to progress reforms to
the building and construction sector through the release of a
discussion paper, Building Stronger Foundations (11 July 2019).
More...
NSW building inquiry targets insurance
Insurance will be one of the key aspects of the Public
Accountability Committee's broad inquiry, which was established
yesterday. A final report is expected by February 14, 2020 (05 July
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.
Combustible cladding is becoming an insurance
"disaster" for the construction industry
As we mark the second anniversary of the Grenfell Tower
fire, the Australian construction industry is facing a crisis, with
building certifiers finding it difficult to secure professional
indemnity insurance to assess buildings that could contain
combustible cladding (09 July 2019).
More...
Housing Approvals Flat but Apartments Improve: ABS
National building approvals remained relatively flat for
the month of May, while Victoria led with a solid increase of 14.4
per cent in dwellings approved for construction (04 July 2019).
More...
A new roadmap sets a course for sustainable homes
A new roadmap for sustainable homes presents a win for
builders, consumers, the economy and the environment. The report
reveals that two thirds of Australian home buyers prefer energy
efficient homes when given a choice – but significant
barriers prevent them from turning that desire into reality (01
July 2019).
More...
How watering down of building codes two decades ago to
fast-track development is now causing high-rise buildings to fall
apart
Watered-down building laws from the late 1990s have been
blamed for Australia's apartment safety crisis with brand-new
residential towers having an 80 per cent chance of being faulty (30
June 2019).
More...
Published - articles, papers, reports
ABCC Industry Update – 04 July 2019
The July 2019 edition of Industry Update, our quarterly
online newsletter. Industry Update provides updates on the latest
activities of the ABCC, industry trends, and emerging issues.
More...
Australian Bureau of Statistics
10/07/2019 Building Activity, Australia, Mar 2019 (cat no. 8752.0)
10/07/2019 Construction Activity: Chain Volume Measures, Australia, Mar 2019 (cat no. 8782.0.65.001)
Practice and courts
RICS Update to members: PII in Australia – factors for encouragement
Following Opal Tower, we wrote early this year about the value of delivering best practice assurance to Australia's coregulatory landscape and subsequently the importance of not expecting governments to do all the lifting. These sentiments continue to hold great relevance (04 July 2019). More...
ABCB Notice: CMI product certification body
accreditation suspended in Australia
As of 10 July 2019, CMI's accreditation as a product
certification body has been suspended by JAS-ANZ (11 July 2019).
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...
NSW Fair Trading: Have your say on the Building Stronger
Foundations discussion paper
The NSW Government is continuing to progress reforms to
the building and construction sector through the release of a
discussion paper, Building Stronger Foundations (the discussion
paper). We are seeking feedback on the scope of the reforms
outlined in the Response and how they can be integrated into
building regulation and the NSW planning and approvals system.
More...
Cases
Champion Homes Pty Ltd v Lal [2019] NSWCATAP
170
BUILDING AND CONSTRUCTON – s 48O Home Building
Act 1989 – work order – appropriateness of an
order ... New South Wales. The respondents filed home building
application HB 16/36337 on 10 August 2019. The application ...
identified the wrong issue. Section 48MA of the Home Building
Act 1989 (NSW) contemplates a work order
The Owners - Strata Plan 89023 v AT Building Pty
Ltd
APPEAL – home building – work orders for
rectification of defects – costs decision – whether
rejection of Calderbank offer unreasonable – whether error of
law – whether leave should be granted - dismissed
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014; Home Building Act
1989
Ngo v Commissioner for Fair Trading, Department of Finance,
Services and Innovation [2019] NSWCATOD
103
ADMINISTRATIVE REVIEW – Home Building –
Supervisor certificate – Where respondent refused to grant
applicant supervisor certificate - Whether applicant had experience
which would enable him to do, or to supervise, the work for which
the certificate is required – Whether the Tribunal should
depart from a policy known as the "Instrument" –
Whether application of the policy would produce an unjust decision
– Whether the Tribunal may take into account uncorroborated
evidence given by the applicant about his construction
experience
Phillip v Bell Solar Pty Ltd [2019] NSWCATAP
162
Leave to appeal is denied. CONSUMER CLAIM – error of
law – s 48MA – fair and equitable
Civil and Administrative Tribunal Act 2013; Home
Building Act 1989
Dimitropoulos v Capitol Constructions Pty Ltd
[2019] NSWCATAP 164
A hearing on costs is dispensed with in accordance with s
50(1)(c) of the Civil and Administrative Tribunal Act
2013. APPEAL – Costs – r 38 – r 38A –
indemnity costs
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014; Home Building Act
1989
Sewell v Bush [2019] NSWCATAP
161
CONTRACTS – breach of contract – quantum
of damages - procedural fairness
The appeal is allowed. The Tribunal made a decision at first
instance in relation to two claims arising from home building work
performed
Clarke v Bowen [2019] NSWCATAP 163
CONSUMER CLAIM – against the weight of evidence
– fair and equitable – excessive damages
Civil and Administrative Tribunal Act 2013 (NSW); Fair
Trading Act 1987 (NSW); Home Building Act 1989
(NSW)
Legislation
NSW
Proclamations commencing Acts
Fair Trading Legislation Amendment (Reform) Act 2018 No 65
(2019-270) — published LW 28 June 2019
(a) to commence, on 1 July 2019, amendments to the Architects
Act 2003 in relation to the removal of architect's names
from the register of architects
Regulations and other miscellaneous instruments
Civil
and Administrative Tribunal Amendment (Fees) Regulation 2019
(2019-326) — published LW 11 July 2019
Civil
Procedure Amendment (Fees) Regulation 2019 (2019-327) —
published LW 11 July 2019
Protection
of the Environment Operations Legislation Amendment (Scheduled
Activities) Regulation 2019 (2019-319) — published LW 5
July 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.