In the media

A lot of noise, so what was achieved?
When it comes to efforts to introduce statutory registration for engineers, there has been a lot of activity in 2019, especially in NSW and Victoria (27 November 2019). More...

MBA: Slow infrastructure project roll-out drags construction to three-year low
Construction activity continues to sink lower with few signs yet that new infrastructure projects are coming to life on the ground. The ABS figures indicate that the volume of construction work done during the September 2019 quarter slipped by 0.4% compared with the June 2019 quarter (27 November 2019). More...

Engineers sign up to mitigate impact on climate change
Thousands of professional engineers, engineering students and hundreds of organisations are expected to sign a declaration committing to steering the profession towards reducing carbon emissions in Australia (27 November 2019). More...

Surveyors warn PI insurance market facing 'collapse'
The professional indemnity (PI) insurance market will collapse within the next 12 months unless the Federal Government steps in with a rescue package, surveyors have warned. AIBS says insurers have moved to withdraw indemnity covers for many types of commercial buildings, domestic swimming pools, wind farms, solar farms and wheat silos (25 November 2019). More...

HIA welcomes Government commitment to reducing red tape
HIA welcomes the Government's announcement that as part of its move to bring forward billions of dollars in infrastructure, it will also be cutting red tape that hinders the progress of projects that are vital to Australian housing (22 November 2019). More...

House price rebound concentrated at top-end of the market
The sharp turnaround in house prices has prompted property economists to revise forecasts upward, with Sydney and Melbourne leading the robust growth in housing demand (21 November 2019). More...

Major planning reform to drive jobs and investment in NSW
Public Spaces Minister Rob Stokes. said a series of reforms would be introduced to the planning system over the coming months to slash assessment timeframes, reduce red tape and fast-track projects in high growth areas (27 November 2019). More...

Fair Trading NSW: Proposed ban on the use of certain types of aluminium composite panels
Notice of her intention to impose building product use ban for aluminium composite panels with a core comprised of greater than 30% polyethylene by mass in any external cladding, external wall, external insulation, façade or rendered finish in certain multi-storey buildings, subject to specific exceptions. (28 November 2019). More...

Hundreds of building sites inspected for run-off during waterway blitz
Ongoing education and enforcement of sediment controls on building sites are key to preventing runoff from entering our local waterways, according to results from the latest Get the Site Right campaign (26 November 2019). More...

Lack of information on apartment defects leaves whole market on shaky footings
The litany of defects, poor building standards and regulatory failures have serious implications for apartment owners, occupiers and buyers alike. Fears of a loss of confidence in the sector have unfortunately come true (21 November 2019). More...

Published

ABCC industry update November-December 2019 edition
This issue includes; ABCC findings from zero drugs and alcohol on building sites campaign; Securing payments for subcontractors and Wages and entitlements - proper record keeping(26 November 2019). More...

BDAV: Building defects affecting residents
A recent study lead by Deakin University and funded by the PICA Group sought to identify types of building defects and how they impacted on the building and its occupants. Of the 3227 defects analysed, defects relating to building fabric and cladding (40%) were the most prevalent, followed by fire protection (13%), waterproofing (11.5%), roof and rainwater disposal (8.5%), and then structural issues (7%)(20 November 2019). More...

Australia Bureau of Statistics
 Construction Work Done, Australia, Preliminary, Sep 2019 (cat no. 8755.0) (11 November 2019).

Practice and courts

ASBEC: Members approve ResponsibleSteel" Standard
ResponsibleSteel members have approved the ResponsibleSteel Standard – the world's first international, multi-stakeholder standard for responsible production for steelmaking and processing sites. The Standard will be officially launched at the ResponsibleSteel Forum II on 1-3 December. ResponsibleSteel is now developing tools to help organisations implement the Standard (25 November 2019). More...

HIA submissions
 Planning and building process review response to discussion paper (2MB) ( 25 November 2019).

AIBS member statement - Professional Indemnity Insurance
AIBS have released a member statement providing an update on the current Professional Indemnity Insurance situation (22 November 2019). More...

ABCB: Registration is open for the 2020 NCC Seminars!
Next March and April the ABCB will be presenting in a capital city near you (November 2019). More...

NABERSReminder: Auditors, Supervisors, and Trainers Panel Announced
Congratulations to the new Panel Selection for NABERS Auditors, Supervisors, and Trainers, for October 2019-October 2022. More...

NSW Fair Trading: Intended Ban Notice: aluminium composite panels
Any person or corporation who does not comply with the requirements of the ban can be subject to fines. A corporation found to be using a banned building product can be fined up to $1.1 million and individuals can be fined up to $220,000. If you have any enquiries about the proposed building product use ban please contact NSW Fair Trading online (28 November 2019). More...

Building Information Modelling (BIM) for WHS management
What is the best practice and implications of using BIM in WHS management?
Timeline of project: Project completion: Mid 2021. More...

Cladding Guideline
Standards Australia has developed a permanent labelling system of aluminium composite panelproducts to support the identification of these products throughout their life-cycle (November 2019). More...

NSW Fair Trading: Part 6 of the EP&A Act postponed until 1 December 2019
The Part 6 provisions of the Environmental Planning and Assessment Act have been postponed and will now start on 1 December 2019. This delay will allow time for the sector to adjust to the regulatory changes that have been progressing around fire safety and the Building and Development Certifiers Act 2018. More...

Planning Circular – Commencement of Part 6 (building and subdivision certification provisions)
FAQ - Occupation certificate
FAQ - New mandatory compliance powers for private principal certifiers
FAQ - New subdivision works certificate
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
If you have any queries, please contact the Department of Planning, Industry and Environment. More...

Cases

Blue Haven Pools South Pty Ltd v Maloney (No 2) [2019] NSWCATAP 284
A hearing on costs is dispensed with under s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW). COSTSCivil and Administrative Tribunal Act 2013,Civil and Administrative Tribunal Rules 2014

Visual Building Construction Pty Ltd v Armitstead (No 2) [2019] NSWCA 280
Appeal dismissed with costs
CONTRACTS – termination – whether building contract validly terminated – whether, in the circumstances, 10 business days notice giving opportunity to remedy default needed to be given prior to termination – alternative bases for termination – Shepherd v Felt & Textiles of Australia Ltd. the Statutory Warranty Provisions of the Home Building Act in that the work was not done in accordance with ... done in accordance with and or complied with the Home Building Act or other Law. Environmental Planning and Assessment Act 1979 (NSW) ss 109F(1A), 121B, 149E(1)(a); Local Government Act 1993 (NSW)

Da Silva v Building Professionals Board [2019] NSWCATOD 177
ADMINISTRATIVE REVIEW – accredited certifier – whether construction certificate plans inconsistent with development consent – whether development consent authorised variations – finding of unsatisfactory professional conduct – appropriate penalty

Macaulay v Bayside Council [2019] NSWLEC 1568
ORDERS – unauthorised attic construction – compliance with National Construction Code – Building Code of Australia

Florida Kitchens Pty Ltd v Number One Cutting (T/S Number One Marble and Granite) [2019] NSWSC 1568
APPEAL – security for costs – appeal from NCAT to Supreme Court – 106 grounds of appeal – decision of an Associate Justice – 30 grounds of appeal – whether appeal or judicial review – whether error of law – House v The King error

Wang v Building Professionals Board [2019] NSWCATOD 174
ADMINISTRATIVE REVIEW – accredited swimming pool certifier – lack of understanding of legislative requirements - finding of unsatisfactory professional conduct – appropriate penalty

Dyldam Developments Pty Ltd v The Owners – Strata Plan No 85305 (No 2) [2019] NSWCATAP 272
COSTS – appeal from Consumer and Commercial Division – whether r 38 and r 38A Civil and Administrative Tribunal Rules 2014 apply – whether appropriate order is order for costs in the cause

Legislation

Bills passed by both Houses of Parliament – 22 November 2019
 Better Regulation Legislation Amendment Bill 2019
Schedule 1 amends the following Acts—(a)Building and Construction Industry Security of Payment Act 1999 No 46,(b)Building and Development Certifiers Act 2018 No 63,(c)Building Professionals Act 2005 No 115,

Bills assented to
Better Regulation Legislation Amendment Act 2019 No 23 — Assented to 26 November 2019
For the full text of Bills, and details on the passage of Bills, see Bills.

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.