In the media
EA: Formal response to draft building reform
legislation
The NSW Government should make a definitive commitment to
introduce compulsory registration of all engineers when it
introduces building reform legislation to Parliament next week.
This is the principal recommendation in Engineers Australia's
formal response to the draft "Design and Practitioners Bill
2019", which has just been submitted to the Government (18
October 2019).
More...
Why we need to improve on our cities' dysfunctional
buildings
Architect and broadcaster Peter Maddison calls out the
"nonsense" of 6 Star Energy Rated homes with solar panels
if the design is all wrong (17 October 2019).
More...
Housing shortfall will kick-start price growth:
RBA
The residential construction downturn is larger than the
Reserve Bank expected, and with building approvals 40 per cent
lower than their 2017 peak, a shortfall in housing supply looks
"quite likely" (17 October 2019).
More...
Housing downturn will be a larger-than-expected drag on
economy, RBA warns
Not only is the property downturn hitting household
consumption, it's also a big drag on economic growth and likely
to last for another year, the RBA's deputy governor warns (17
October 2019).
More...
Construction needs to avoid social value
smokescreens
Social value can be up to 15 per cent of non-price
assessments in construction tenders, but are the metrics genuine.
If not, it's a huge missed opportunity for this sector with so
many multiplier effects in the economy. (17 October 2019).
More...
Absolutely devastating': Mascot Towers cracks
getting bigger, report finds
The latest update on the troubled Sydney apartment block
finds existing cracks in the building have widened and new cracking
has appeared, as owners continue to argue that they cannot afford
repairs (16 October 2019).
More...
Pressure growing on governments for cladding
action
Pressure is growing on state governments to help fund
building defect rectification as problems such as the Mascot Towers
evacuation in Sydney add urgency to the issue, a Sedgwick executive
says (14 October 2019).
More...
HIA supports next steps for First Home Loan Deposit
Scheme
Graham Wolfe, HIA Managing Director said the Bill's
passage means that the National Housing Finance and Investment
Corporation (NHFIC) will be able to offer the
deposit guarantees that underpin the First Home Loan Deposit Scheme
(14 October 2019).
More...
BDAV: Building designer insurance update
The Grenfell Tower tragedy in 2017 showed that there is a
real risk with buildings that are clad with flammable panels.
Building Designers need to ensure they remain vigilant when
selecting their partners in the building profession. Working with
experienced and knowledgeable people as well as staying up to date
with information from their Association, will ensure that their
exposure is reduced )(09 October 2019).
More...
MBA: First home buyers near 8-year high as housing
recovery strengthens again
"The First Home Buyer share of the home loan market
has increased to its highest since early 2012 while investor
lending has risen for the second consecutive month," Master
Builders Australia's Chief Economist Shane Garrett said (10
October 2019).
More...
MBA: Building work endures further contraction
Building activity shrank by 5.5% during the June 2019
quarter to record its weakest result in two years (09 October
2019).
More...
Company cops fine after asbestos crash spill
Building firm Mega Works Constructions has to pay $1,500
– for not using the waste location tracking system for the
transport of asbestos – after the incident that occurred in
September this year (15 October 2019).
More...
Australian Bureau of Statistics
09/10/2019
Building Activity, Australia, Jun 2019 (cat no. 8752.0)
09/10/2019
Construction Activity: Chain Volume Measures, Australia, Jun
2019 (cat no. 8782.0.65.001)
In practice and courts
BDAV Alert: Building and Construction industry warned:
Beware of non-conforming soffit insulation
Building practitioners and contractors are reminded to be
on the alert for non-conforming soffit insulation as some importers
and merchants try to liquidate obsolete stock (03 October 2019). More...
ABCB have launched our new YouTube channel
Have access to all our videos from one central location
(09 October 2019).
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NCC 2019 Amendment 1 consultation period closing
soon
Consultation is closing for the out-of-cycle amendment of
NCC 2019 (09 October 2019).
More...
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.
More...
Draft Regulations for Building Certifiers
The NSW Government is seeking feedback on a draft
regulation for building and development certifiers. The proposed
Building and Development Certifiers Regulation 2019 is
open for comment until 28 October 2019. A new Building and
Development Certifiers Regulation 2019 must be introduced in
order to bring the Building and Development Certifiers Act 2018
into force. For more information and to view the documents go to
the
More....
Draft Legislation for Design and Building
Practitioners
The NSW 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.
More...
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).
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...
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 via legislativeupdates@planning.nsw.gov.au.
More...
Safework NSW: 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.
For more information and to submit feedback visit
open consultations on the SafeWork website or view the
consultation the NSW Government's Have
Your Say. Submissions close on 30 September 2019
Cases
Blue Haven Pools South Pty Ltd v Maloney [2019] NSWCATAP
259
APPEAL – whether permitted to raise new issue on
appeal
CONTRACT – construction of contract – whether
capricious, unreasonable, inconvenient or unjust
CONTRACT – repudiation – whether retracted by
conduct
Collins and
Turner Pty Ltd v Landini & Landini [2018] NSWLC 22
CONTRACTS – whether works were residential
building work or supply of related services in relation to
construction work - terms of contract – applicable
legislation
CIVIL PROCEDURE – pleadings – striking out
Edwards v
Commissioner for Fair Trading, Department of Customer Service
(Costs) [2019] NSWCATAP 249
COSTS – costs of the appeal – whether
special circumstances – failure by respondent to provide
relevant documents to tribunal at first instance – injustice
caused to the appellant
Mann v Paterson Constructions Pty Ltd [2019] HCA 32
Appeal allowed with costs.
Restitution – Unjust enrichment – Work and labour done
– Where land owners and builder entered into contract to
which Domestic Building Contracts Act 1995 (Vic) applied –
Where contract provided for progress payments at completion of
stages – Where owners requested, and builder carried out,
variations to plans and specifications in contract without giving
written notice as required by s 38 of Act – Where owners
repudiated contract after builder raised invoice claiming for
variations – Where contract terminated by builder's
acceptance of owners' repudiation – Whether s 38 of Act
applied to limit amount recoverable by builder for variations
– Whether builder entitled to recover in restitution as
alternative to claim in damages for breach of contract –
Whether contract price operated as ceiling on amount recoverable by
way of restitution.
Words and phrases – "accrued rights", "alternative restitutionary remedy", "common counts", "completed stage", "contract price ceiling", "contractual incentives", "domestic building contract", "failure of basis", "failure of consideration", "limit on recovery", "measure of restitution", "notice", "primary and secondary obligations", "principle of legality", "protective provisions", "qualifying or vitiating factor", "quantum meruit", "quasi-contractual obligation", "repudiation", "restitution", "subjective devaluation", "unjust enrichment", "variations", "work and labour done". Domestic Building Contracts Act 1995 (Vic), ss 1, 3, 4, 16, 27, 38, 39, 53, 132.
Natural Solar Pty Ltd v Lowe [2019] NSWCATAP 252
CONSUMER LAW – whether decision fair and
equitable or against the weight of the evidence – new
evidence reasonably available at time of hearing – no
appellable error shown. Appeal from an order of the Tribunal in the
Consumer and Commercial Division requiring the appellant to refund
the purchase price of a solar system that it supplied to the
respondent and which it installed on the roof of the
respondent's home in Sydney
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.