In the media
HIA: market to stabilise 20 per cent below peak
The easing of wider economic and housing market conditions
has given rise to a situation where monetary and fiscal stimulus is
possible, without fear of overheating house prices," stated
HIA's Chief Economist, Tim Reardon (23 August 2019).
More...
NFIA: Australia's fire industry should face
mandatory licensing
Based on historical data it can be said that fire safety
systems in numbers of buildings in Australia are non-compliant and
are at high risk of not protecting the occupants of a building in
the event of fire (22 August 2019).
More...
MBA: Transport infrastructure wave to spur construction
higher
The impending rollout of major government-led transport
infrastructure will be good news for thousands of small
construction businesses across Australia, according to
newly-released forecasts from Master Builders Australia (21 August
2019).
More...
How the construction industry got itself into this
mess
It's a national scandal – worse, for now, in NSW
– but the problems of the construction industry will likely
just keep growing until we manage to find a pathway to systemic
change (20 August 2019).
More...
Media investigation highlights need for reform
What a registration scheme implements is the right checks
and balances to make sure that at all times the people working on
jobs that involve public safety and public confidence - such as the
building sector – are competent to do so," said Mr
McIntyre, CEO, Engineers Australia (20 August 2019).
More...
667,000 apartments in 18 years. What could go
wrong?
Experts warn that many of Australia's apartment
buildings are riddled with defects, following a decades-long
building boom. A study by Deakin and Griffith universities also
surveyed buildings in Australia's east coast states and found
more than 70 per cent had at least one defect. All were built after
2003 (16 August 2019).
More...
Significant building reform' needed to restore
insurers' confidence
Insurers won't consider offering unrestricted products
in the building industry professional indemnity market until
confidence in the sector is restored, Insurance Council of
Australia (ICA) says (12 August 2019).
More...
Mascot Towers repair bill hits $20m as engineers close
in on cause of cracking
Unit owners in Sydney's evacuated Mascot Towers
building have learnt the repair bill could blow out to $20 million
as construction engineers zero in on what caused the complex to
crack (23 August 2019).
More...
Green light for $7m Mascot Towers repairs
Remediation work on Sydney's beleaguered Mascot Towers
can now begin after unit owners agreed to pay a special $7 million
levy. The sum will be raised by apartment owners and will pay for
stages one and three of the complex's remediation work (23
August 2019).
More...
Have your say on the NSW draft formwork code of
practice
The NSW Government is seeking feedback on a draft formwork
code of practice, which aims to provide practical guidance for
workers and businesses when working with formwork and falsework (20
August 2019).
More...
Red tape and taxes account for half of a house and land
package - NSW
HIA commissioned the Centre for International Economics to
perform a bottom-up investigation of the magnitude of the taxes and
red tape in housing costs. Stamp duty on the land and the house,
GST, land tax, council rates, payroll, income and company taxes
combine to raise almost $180,000 in taxes on a typical new house
and land package (19 August 2019).
More...
Mascot builder 'didn't know how to read a
construction drawing', commissioner says
The new NSW building commissioner, who has only been in
the job three days, criticises the builders of Mascot Towers
— evacuated in June because of structural faults — but
says the industry does not need further regulation (16 August
2019).
More...
Mascot builder 'didn't know how to read a
construction drawing', commissioner says
The new NSW building commissioner, who has only been in
the job three days, criticises the builders of Mascot Towers
— evacuated in June because of structural faults — but
says the industry does not need further regulation (16 August
2019).
More...
Practice and courts
RICS draft guidance note - Measurement of land for
development and planning purposes (1st edition)
Once adopted, the guidance will have far-reaching
implications for development surveyors, planners, architects and
government administrators around the world as the new standards
become global best practice for the consistent calculation of land
measurement and associated metrics.
Consultations close on 17 September 2019 (06 August 2019).
More...
ABCB: Energy efficiency scoping study
The ABCB has released an energy efficiency scoping study
for public comment. The study outlines an approach and scope for
investigating possible changes to the NCC's energy efficiency
provisions, with a focus on NCC 2022. This work will consider the
COAG Energy Council's Trajectory for Low Energy Buildings.
Consultation closes 8 September 2019.
More...
CER: Consultation for the national greenhouse and energy
reporting regulations and auditor registration instrument
The Department of the Environment and Energy has released
draft amendments to the National Greenhouse and Energy
Reporting Regulations 2008 (the Regulations), and the CER has
released draft amendments to the National Greenhouse and Energy
Reporting (Auditor Registration) Instrument 2019 (the Instrument).
The consultation period for the draft amendments to the Regulations
and Instrument will close 28 August 2019 (15 August 2019).
More...
CER: Public consultation open for changes to solar
postcode zones
The Clean Energy Regulator is proposing updates to
postcode zones for small-scale technologies under the Small-scale
Renewable Energy Scheme. The changes will affect the number of
small-scale technology certificates (STCs) for
eligible systems in certain postcodes. If agreed, the changes will
come into effect from 1 October 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...
Draft formwork code of practice
The updated
Code, which is supported by industry, provides information on
how to manage risks in this high-risk industry and provides a
framework outlining best practice for businesses. The consultation
period is open until 17 September 2019. More...
NSW Fair Trading: security of payment laws start
soon
The Building
and Construction Industry Security of Payment Amendment Act
2018 (the Amendment Act) and the Building
and Construction Industry Security of Payment Amendment Regulation
2019 (the amending Regulation) will commence on 21 October
2019.
More...
BPB releases summary of key audit findings for
2019
The Building Professionals Board has released a summary of
key findings so far from its 2019 program of certifier audits. Read
more about the audit program, including the objectives and
summary of findings. As audits continue, more findings will be
added (August 2019)
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
Murrant v Building Professionals Board
[2019] NSWCATOD 130
The decision of the Board to reprimand Mr Glenn
Murrant and to impose a fine in the amount of $10,000.00 is
affirmed. ADMINISTRATIVE REVIEW – accredited certifier
– findings of unsatisfactory professional conduct –
disciplinary orders. Administrative Decisions Review Act
1997; Building Professionals Act 2005;
Environmental Planning and Assessment Act 1976;
Environmental Planning and Assessment Regulation 2000
Hanson v Metricon Homes Pty Ltd
(No 2) [2019] NSWCATAP 214
The appellants are to pay the respondent's costs of
the appeal as agreed or assessed.
COSTS – appeal dismissed – whether order for costs
should be made
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014; Home Building Act
1989
Paraiso v CBS Build Pty Ltd
[2019] NSWCATAP 211
APPEAL – Home Building – claim for
variations on contractual basis – further claims for
adjustment of provisional sum –alternative claims by builder
on quantum meruit basis – no error of law – leave to
appeal declined
BH Australia Constructions Pty Ltd v
Kapeller [2019] NSWSC
1086
CONTRACT – wholly written contract – dispute
as to identity of builder to perform residential building –
whether regard may be had to post-contractual conduct – where
contract identified one company as builder but gave another
company's licence and insurance details – parties taken
to have agreed to a contract which was lawful and enforceable
Harris for and on behalf of the estate of Harris and
Harris v Rapisarda [2019] NSWSC
1088
ESTOPPEL – Anshun estoppel – where proprietors
commenced earlier proceedings against builder alleging defective
workmanship – where defendant architects prepared the
building contract and supervised builder's work but were not
joined in earlier proceedings – where earlier proceedings
referred out and referee's report adopted – where
proprietors do not in these proceedings seek findings inconsistent
with those of referee in earlier proceedings – whether
unreasonable for proprietors not to have joined architects in the
earlier proceedings so that they are now estopped from bringing
these proceedings
CIVIL PROCEDURE – pleadings – striking out –
abuse of process
Edwards v Commissioner for Fair Trading, Department of
Finance, Services and Innovation [2019]
NSWCATAP 208
Leave to appeal on a ground other than a question of
law is granted.
APPEAL – licensing and regulation – leave to appeal on
a ground other than a question of law – whether
Tribunal's decision unjust – whether significant new
evidence had arisen since the hearing below
ADMINISTRATIVE LAW – Practice and procedure –
Agency's duty to produce documents under s 58
Administrative Decisions Review Act 1997; Civil and
Administrative Tribunal Act 2013 (NSW); Home Building Act
1989 (NSW)
Margaret Ritchie v Advanced Plumbing and Drains Pty
Ltd [2019] NSWSC 1028
CIVIL PROCEDURE – Leave to proceed against
insurer – defendant in liquidation – third party claims
against insurers – arguable case that policy responds to
liability – construction of insurance contracts –
whether insurer has validly disclaimed liability – held
arguable case against defendant – held arguable case that
insurance policy responds to liability – held insurer has not
discharged onus disclaiming liability – held leave to proceed
against insurer granted.
CONTRACT LAW – Interpretation of insurance contracts –
exclusion and limitation clauses – construing ambiguous words
– whether general expression "spark producing
equipment" should be read down – held general
expressions to be read in context – held expression confined
to include only specified equipment – held general expression
to be read down.
Legislation
Regulations and other miscellaneous instruments
Contaminated
Land Management (Adjustable Amounts) Notice 2019 (2019-404)
— published LW 23 August 2019
Dust
Diseases Tribunal Regulation 2019 (2019-405) — published
LW 23 August 2019
Protection
of the Environment Operations (Underground Petroleum Storage
Systems) Regulation 2019 (2019-411) — published LW 23
August 2019
Civil
Liability Regulation 2019 (2019-384) — published LW 16
August 2019
Proportionate liability under the Environmental Planning and
Assessment Act 1979
Environmental
Planning and Assessment Amendment (Newcastle Gas Terminal Project)
Order 2019 (2019-387) — published LW 16 August 2019
Environmental Planning Instruments
State
Environmental Planning Policy (Housing for Seniors or People with a
Disability) Amendment (Heritage Conservation Areas Exemption)
2019 (2019-394) — published LW 16 August 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.