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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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'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).
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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).
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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).
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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.