In the media
Engineers Australia: the public release of the draft
Design and Building Practitioners Bill
Engineers Australia has and continues to support the
first recommendations in both the Shergold-Weir report and the Opal
Tower report that there must be compulsory registration of
engineers in NSW. Engineers Australia calls on the Government to
make good on its promise to introduce compulsory registration of
engineers (01 October 2019).
More...
Construction quality problems will not impact housing
demand
Well known quality problems in Australia's
construction market will not impact overall levels of new housing
demand but may cause some shift in demand away from high-rise
apartments towards lower density dwelling stock, a leading housing
industry economist says (30 September 2019).
More...
Construction companies collapsing at record rate as
building slowdown bites
New figures reveal the number of construction companies
going under in NSW hit its highest level in four years last
quarter, as experts raise concerns about "phoenixing"
— where a business is liquidated to avoid paying its debts
(26 September 2019).
More...
HIA Reveals Australia's Top Homebuilders for
2019
The market share of the Housing 100 builders has increased
to 35 per cent this year from 33 per cent in 2017/18. This is the
highest market share since 2013/14 and is consistent with previous
trends where volume home builders gained market share in a
contracting market (25 September 2019).
More...
New South Wales
Have your say on Design and Building Practitioners
Bill
This draft Bill introduces a range of reforms to improve
areas of the building sector. It seeks to improve the quality and
compliance of design documentation and to strengthen accountability
across the design, building and construction sector (03 October
2019).
More...
Building reform surges ahead with new certifiers
regulation
The NSW Government is continuing to deliver on its
commitment to reforming the building and construction industry,
with the release of the draft Building and Development Certifiers
Regulation 2019. The regulation is aimed at simplifying
and strengthening the certification system in New South Wales and
will allow the Government to more effectively register and regulate
the conduct of certifiers (30 September 2019).
More...
A deliberate strategy': Mascot Towers residents
accused of 'forcing' Government to pay for repairs
The Government says the rejection by residents of a $10
million special levy loan was a "deliberate strategy" to
force the state to pay for work to fix the beleaguered complex (25
September 2019).
More...
CPB Contractors wins $463M Sydney Metro Station
project
The NSW Government has awarded the contract, part of
Sydney Metro, Australia's biggest public transport project,
which will generate revenue of approximately $463 million to CPB
Contractors for design and construction of the station (23
September 2019).
More...
Queensland
Bids open to build Rookwood Weir
Natural Resources Minister Dr Anthony Lynham said
expressions of interest open online for construction contractors
wanting to build Queensland's next piece of major water
infrastructure (02 October 2019).
More...
$967 million FNQ capital works spend to generate 3300
jobs
Thousands of new jobs will be up for grabs in Far North
Queensland thanks to the Palaszczuk Government's $967 million
capital works program, set to be outlined at an FNQ business forum
held at Cairns Convention Centre (30 September 2019).
More...
Victoria
Stage 2 of Monash Freeway upgrade contract awarded
The design and construct contract for Stage 2 of the
Monash Freeway upgrade has been awarded. CIMIC Group company CPB
Contractors has been selected, with the contract expected to
generate revenue of approximately $761 million (04 October 2019).
More...
Victoria to undergo $870 million road maintenance
blitz
Victoria will receive a massive maintenance blitz for its
road network with the State Government announcing more than $870
million in funding to improve hundreds of freeways, arterial and
country roads (02 October 2019).
More...
Wind turbine manufacturing hub officially opened
The return of manufacturing to the former Ford site in
Geelong has commenced, with wind turbine components currently being
assembled at the factory. For the first time in 10 years, wind
turbines are being assembled in Australia, and are providing an
alternative manufacturing future for the old automotive plant (01
October 2019).
More...
Practice and courts
ABCB: NCC 2019 will be amended out-of-cycle
The ABCB is undertaking an out-of-cycle amendment for the
2019 edition of the National Construction Code. It will be known as
NCC 2019 Amendment 1. The amendment is intended to introduce
enhanced fire safety measures for early childhood centres in
high-rise buildings and address recommendations identified in the
Shergold Weir Building Confidence Report. Consultation closes on 10
October 2019 (23 September 2019).
More...
PC: Resources Sector Regulation Issues paper
An issues paper outlines a range of issues on which the
Commission seeks information and feedback.
Initial submissions are due by 31 October 2019. More...
New South Wales
Cladding Guideline
In early 2018, the Building Ministers Forum asked
Standards Australia to develop the system. Standards Australia has
developed a permanent labelling system of aluminium composite panel
products to support the identification of these products throughout
their life-cycle. The new guideline can be purchased from the
Standards Australia website.
Draft Legislation for design and building
practitioners
The New South Wales Government is seeking feedback on new
draft legislation governing the design, building and construction
sectors. The Design and Building Practitioners Bill 2019 has been
released as part of the government's response to
recommendations in the
Building Confidence Report (by Professor Peter Shergold and
Bronwyn Weir). A regulation will be developed in 2020 to support
the bill. Submissions close 16 October 2019. Note: The reforms in
the act and the supporting regulation will apply to certain
categories of designs and to multi-unit and multi-storey
residential apartment buildings (as set out in the regulation).
More... .
Queensland
QBCC reminder: There are changes to professional
indemnity (PI) insurance for Certifiers
The Building and Other Legislation Amendment Regulation
2019 commenced on 9 August 2019, introducing amendments to the
professional indemnity (PI) insurance for private certifiers
relating to non-compliant external cladding. Private certifiers
must continue to hold the required PI insurance. However, from 9
August 2019 to 30 June 2021, the required PI insurance may contain
an exclusion for non-compliant external cladding.
QBCC unites with the ATO and ASIC to highlight illegal
phoenixing
QBCC, the Australian Taxation Office
(ATO) and ASIC have joined forces in an
educational offensive against illegal phoenixing in the building
industry, with a, series of free road shows for building industry
members across the State. Seminar information, including
registration details, is available from the
QBCC website.
Victoria
Better Apartments in Neighbours: Public
Consultation
DELWP is seeking feedback on the Better Apartments in
Neighbourhoods Discussion Paper. The paper proposes changes to the
Better Apartments Design Standards, focused on improving the
relationship between new apartment developments and the amenity of
existing neighbourhoods. Click
here to have your say on changes to the planning rules for
apartment developments. Submissions closed on 27 September
2019.
Cases
Queensland
Goodsell Earthmoving Pty Ltd v
Coordinator-General [2019] QSC
243
ADMINISTRATIVE LAW – JUDICIAL REVIEW – POWERS
OF COURTS UNDER JUDICIAL REVIEW LEGISLATION – STAY OF
PROCEEDINGS AND INTERLOCUTORY RELIEF – where the applicant
seeks judicial review of a decision to impose two conditions on an
approval for a material change of use – where the applicant
operates a high impact industry in a low impact precinct in the
Townsville State Development area and applied to the respondent for
approval of its activities – where the respondent granted an
approval for two years subject to conditions – where the
applicant challenges only the condition limiting the approval to a
two year period and a condition limiting vehicle movements to 80
heavy vehicle movements per day - where the respondent
cross-applies for a stay or dismissal of the application on the
grounds that such relief is inappropriate because the impugned
conditions are integral and not severable from the approval as a
whole – whether the proceeding should be stayed or
dismissed
Acts Interpretation Act 1901 Cth s 15A; Acts
Interpretation Act 1954 Qld s 9; Judicial Review Act
1991 Qld ss 5, 20(2), 23(g), 30(1), 48; State Development
and Public Works Organisation Act 1971 Qld s 84E(3)
Sanrus Pty Ltd & Ors v Monto Coal 2 Pty Ltd & Ors
(No 7) [2019] QSC
241
EVIDENCE – ADMISSIBILITY – OPINION EVIDENCE
– EXPERT OPINION – GENERALLY – where the
plaintiffs sought to adduce expert evidence in the form of a report
from an expert in rail and other infrastructure as it relates to
the development of a mine – where the defendants objected to
extensive parts of the reports produced by the expert and some
portions of the joint expert reports for which he was responsible
– where the bases of the objections included that the matters
contained in the report are not properly the subject of expert
opinion, that the expert is not adequately qualified to make the
impugned statements and that the opinions stated are not based
wholly or substantially on the expert's expertise –
whether the objections to the expert reports should be upheld
Uniform Civil Procedure Rules 1999 Qld r 149
SHA Premier Constructions Pty Ltd v Niclin Constructions
Pty Ltd [2019] QCA
201
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – THE CONTRACT – CONSTRUCTION OF PARTICULAR
CONTRACTS AND IMPLIED CONDITIONS – APPOINTMENT OF
SUPERINTENDENT – where the appellant and the respondent
entered into a design and construction contract – where a
dispute arose regarding progress payment claims made by the
respondent which were not paid by the appellant – where the
question was raised in the first instance as to whether the payment
claims were valid under the Building and Construction Industry
Payments Act 2004 (Qld) – where the learned primary
judge held in favour for the respondent – where the appellant
appeals against the three orders made in the first instance –
where the contract required the appointment of a superintendent
– where it is contended by the respondent that the appellant,
which was the principal of the contract, had nominated themselves
as superintendent – where the matter below was decided on the
basis that the appellant was the superintendent – where the
validity of the payment claims hinged upon the standpoint that the
appellant was the superintendent – where the question arose
as to whether the appellant being the superintendent could be an
implied term to the contract – whether the payment claims
were valid – whether the appellant's status as the
superintendent under the contract could be an implied term
Victoria
Queensland Phosphate Pty Ltd v Korda
[No 2] [2019] VSCA 215
INSOLVENCY – Dormant mining company with
insufficient cash to meet liabilities – Ownership of valuable
mining tenements through subsidiary – Whether tenements
realisable within reasonable period to enable payment of debts
– Whether company able to pay all its debts as and when they
became due and payable – Whether fact that tenements
necessary for company's ongoing business precluded them from
being treated as realisable assets – Jingellic Minerals NL v
Beach Petroleum NL [1991] SASC 3099; (1991) 56 SASR 532 considered
– Rees v Bank of New South Wales [1964] HCA 47;
(1964) 111 CLR 210, Re Timbatec Pty Ltd (1974) 24 FLR 30, Switz
Pty Ltd v Glowbind Pty Ltd [2000] NSWSC 222; (2000) 18 ACLC
343 applied – Re Adnot Pty Ltd (1982) 7 ACLR 212, Re Newark
Pty Ltd (in liq) [1993] 1 Qd R 409 distinguished –
Corporations Act 2001 (Cth) ss 95A, 459A, 585.
INSOLVENCY – Whether subsidiary insolvent – Whether
subsidiary should be wound up on the just and equitable ground
– Corporations Act 2001 (Cth) ss 459A,
461(1)(k).
Levi v Z&H Building Development
[2019] VSC 633
ADMINISTRATIVE LAW – Judicial review – Relief
in the nature of certiorari – Whether adjudication
determination is vitiated by jurisdictional error – Whether a
payment claim was served in relation to a reference date which
accrued more than three months' earlier – Whether the
Adjudicator correctly determined a reference date to 28 December
2018 – Whether certain work performed was able to be lawfully
claimed – Supreme Court (General Civil Procedure) Rules 2015
(Vic), r 56 – Building and Construction Industry Security
of Payment Act 2002 (Vic) ss 14(5)(b), 28O, 28R, 29, 31-41 -
Building Act 1993 (Vic), s 37H(2).
MKA Bowen v Carelli Constructions
[2019] VSC 436
ADMINISTRATIVE LAW – Judicial review – Relief
in the nature of certiorari – Whether Adjudication
Determination is vitiated by jurisdictional error as a result of a
payment claim not served 'on and from' the relevant
reference date – Whether an Adjudication Determination is
vitiated by jurisdictional error as a result of a failure to
determine that a payment claim was made because it was the second
payment claim within the one reference date – Adjudication
Determination quashed as it was not served on and from the relevant
reference date – Building and Construction Industry
Security of Payment Act 2002 (Vic), ss 9(1), 9(2)(a), 14(1),
14(8), 28Q.
Legislation
New South Wales
Consultation or Exposure Bills – 01 October
2019
Design and Building Practitioners Bill 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.