Australia: Residential Focus: In the media, practice and courts, cases and legislation

Last Updated: 2 August 2019
Most Read Contributor in Australia, July 2019

In the media

Experts divided on 'crisis' in Australian construction
While events surrounding the Mascot Towers situation have placed greater attention on the quality of buildings, experts are split on what they believe to be the next appropriate course of action (27 July 2019). More...

Australian construction industry stabilising
Australia's construction industry will contract by 2.4% in 2019, but will regain its growth momentum in 2020, according to a report from data analytics and consulting company GlobalData (25 July 2019). More...

Nathers: New Assessor Accrediting Organisation
On behalf of the NatHERS Steering Committee, the NatHERS Administrator has granted provisional accreditation to a new Assessor Accrediting Organisation (AAO) (25 July 2019). More...

HIA: Demand for Residential Land Fell in First Quarter
Residential lot sales across Australia fell in the first three months ofthis year to set a new record low for land sales," said HIA Chief Economist Tim Reardon. This fall in sales can be attributed to the decline in demand for new homes (24 July 2019). More...

Strengthening land rights at the heart of tackling extreme inequality
Better land governance will help the world address climate change, rapid urbanisation and food, water and resource scarcity, according to Neil Shah, Managing Director at RICS (24 July 2019). More...

Ministers agree to act on PI impasse
A consultation on professional indemnity insurance is expected in coming weeks after the Building Ministers' Forum in Sydney last week agreed on a co-ordinated response to the impasse in the troubled construction industry. The near-collapse of the PI market for certifiers and surveyors, triggered by the withdrawal of exemption-free covers, was among key issues discussed at the meeting in Sydney (22 July 2019). More...

Big step forward for the energy future of Australian homes
The energy efficiency of new homes is set to improve with the nation's building ministers agreeing to strengthen provisions in the National Construction Code (NCC) for residential buildings. The commitment, made at yesterday's Building Ministers Forum (BMF) in Sydney (19 July 2019). More...

Energy efficiency hits home for Australia's Building Ministers
As we strive to reduce Australia's carbon emissions, whilst at the same time tackling rising energy bills, the Australian Sustainable Built Environment Council (ASBEC) has warmly welcomed the agreement of building ministers across the country to advance energy efficiency provisions for new homes in the National Construction Code (18 July 2019). More...

Called on to fix the Australian dream turned 'nightmare', building ministers gather
State and territory building ministers agree to create a nationally consistent approach to reform the industry, but residents of the now abandoned Mascot Towers say more needs to be done to help apartment owners stuck with defective units. (18 July 2019). More...

National agreement to lead to better building standards and regulation
The Property Council of Australia has welcomed the agreement by Commonwealth, State and Territory building ministers on a national approach to implementation of reforms which will lead to better enforcement and compliance with building standards and regulation (18 July 2019). More...

HIA: National approach to building reforms an important agreement
It is is important that the end result after implementation will essentially be to deliver a consistent approach to the way buildings are approved, to the way building professionals are held responsible and to providing greater certainty for building owners (18 July 2019). More...

MBA: Builders back national agreement on urgent national regulatory reforms
Master Builders welcomes the agreement by state and territory building minsters to work with the Federal Government to implement the Shergold-Weir report recommendations (18 July 2019). More...

PCA: Joint Statement by industry groups on building regulation
Australia's fragmented approach to regulatory enforcement and compliance with building regulations requires a renewed commitment to national action to maintain public confidence in our built environment (15 July 2019). More...

'It's a joke. We can't go on like this': fourth block of units abandoned in Sydney
An Erskineville apartment development remains a ghost town more than 12 months after it was completed (19 July 2019). More...

Prominent Sydney buildings at risk from combustible fire cladding
More than 40 Sydney buildings need combustible fire cladding replaced due to the risk of fire, new documents released under freedom of information laws reveal (18 July 2019). More...

NHFIC in social housing financing spree includes first construction loans
The National Housing Finance and Investment Corporation has announced more than $85 million in finance for social and affordable housing across NSW (18 July 2019). More...

Practice and courts

New Australian Standards
DR AS/NZS 2280:2019
Ductile iron pipes and fittings Standards Australia
DR AS/NZS 2980:2018 Amd 1:2019
Qualification of welders for fusion welding of steels - Additional requirements for Australia and New Zealand 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...

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...

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

The Owners – Strata Plan 83572 v Jackson Teece Chesterman Willis Pty Ltd [2019] NSWSC 942
BUILDING AND CONSTRUCTION – residential building work – statutory warranties – remedial work to leaking façade – scope of work to be undertaken by the remedial builder – whether work done without due care and skill – whether any loss shown to have resulted from builder's work

Sydney AC Pty Ltd v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATOD 116
ADMINISTRATIVE REVIEW – Home building – Where respondent decided not to grant application for renewal of applicant's contractor licence – Where applicant was subject to Tribunal order which had not been satisfied within required period – Where applicant had not complied with order after that period – Meaning of "satisfied"

Magerovski v Commissioner of Fair Trading [2019] NSWSC 931
(1) Dismiss the notice of motion filed by the plaintiff and Georges River Holdings Pty Limited on 12 July 2019.
JURISIDICTION – Supreme Court has no jurisdiction to grant a stay where there is no challenge in proceedings commenced in this Court to the underlying decision sought to be stayed – stay application to be made to Civil and Administrative Tribunal
Home Building Act 1989
(NSW); Licencing and Registration (Uniform Procedures) Act 2002 (NSW)

K & K Ventures Pty Ltd v Attar [2019] NSWCATAP 182
APPEAL – Costs – rule 38 – rule 38A - no requirement to establish special circumstances – capitulation by respondent on appeal – acceptance of absence of jurisdiction under Home Building Act 1989 - general discretion to award costs – costs awarded on appeal – costs awarded at first instance from date jurisdiction put in issue.

Petropoulos v CPD Holdings Pty Ltd t/as The Bathroom Exchange [2019] NSWSC 897
APPEALS – Judicial review – Application for leave to appeal and cross 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 – Contract for a bathroom renovation – Whether an oral variation is effective despite a clause requiring variations to be in writing – Whether the plaintiff waived her right to insist upon the contractual specifications – Whether the builder breached statutory warranties under the Home Building Act 1989 (NSW) s 18B – Whether rectification is an unreasonable remedy where the plaintiff had agreed to the variations. Civil and Administrative Tribunal Act 2013 (NSW), ss 83, 84; Civil Procedure Act 2005 (NSW), ss 58, 60; Home Building Act 1989 (NSW), ss 7, 10, 18B, 18E, 48K, 48MA, 48O

Betta Build Group Pty Ltd v El Baba [2019] NSWDC 331
BUILDING AND CONSTRUCTION – construction works for residential dwelling – whether breach of statutory warranties under Home Building Act 1989 (NSW) – whether works defective or incomplete.
DAMAGES – whether Bellgrove v Elridge measure of damages applicable – relevance of sale of dwelling to purchaser – whether scope of rectification works as proposed by home owner's building expert reasonable and appropriate. PRACTICE AND PROCEDURE – referral of issue of costs of rectification to referee.
Home Building Act 1989 (NSW)

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

Clarke v Bowen [2019] NSWCATAP 163
CONSUMER CLAIM – against the weight of evidence – fair and equitable – excessive damages

Slotwinski v Nutek Constructions Pty Ltd;Nutek Constructions Pty Ltd v Slotwinski [2019] NSWCATAP 158
Appeal – Determination of quantum meruit claim – Failure to consider expert evidence relevant to the assessment of a builder's quantum meruit claim – quantification of quantum meruit entitlement - Leave to appeal granted – Appeal allowed – remittal for further consideration of quantum meruit claim.

Legislation

NSW

Proclamations commencing Acts
Building and Construction Industry Security of Payment Amendment Act 2018 No 78 (2019-340) — published LW 19 July 2019

Regulations and other miscellaneous instruments
Building and Construction Industry Security of Payment Amendment Regulation 2019 (2019-341) — published LW 19 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.

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.

Similar Articles
Relevancy Powered by MondaqAI
 
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
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please 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