In the media
New regulations failing consumers and builders, says
HIA
The Housing Industry Association (HIA)
has expressed concern about new legislation that has caused delays
in getting power and meters provided to building sites. Under the
new legislation, introduced in December 2017, all new electricity
meters installed in new homes must be advanced or 'smart'
(09 August 2018).
More...
MBA: Builders Upbeat Despite Moderating Housing
Market
Builders remain relatively upbeat despite the moderating
housing market, according to the latest real time snapshot of
business confidence in the building industry (02 August 2018).
More...
The toxic face of PVC manufacturing exposed
The building design sector should be careful when
selecting building and furnishing materials containing PVC, with a
new report finding mercury, asbestos, PFAS chemicals and other
hazardous substances in the footprint of some chlorine-based
materials (02 August 2018).
More...
Building approvals rebound as property sector shows
resilience
If the property sector was starting to feel the chilled
winds of a slowdown it wasn't evident in June, with developers
winning approval for more than 19,000 new dwellings (31 July 2018).
More...
Proposed ban on the use of certain types of aluminium
composite panels
NSW Fair Trading Commissioner, Rose Webb, has given notice
of her intention to impose a building product use ban under the
Building Products (Safety) Act 2017. It is an offence for
a person to contravene a building product use ban or to represent
that a building product is suitable for use in a building if its
use would contravene the ban. Corporations can be fined up to $1.1
million and individuals up to $220,000 (10 August 2018).
More...
Fair Trading reforms set to deliver big benefits for NSW
consumers
Consumers are set to save big on time and money, and have
disputes with businesses resolved quicker, thanks to new Fair
Trading powers. Minister for Better Regulation Matt Kean said the
Fair Trading Legislation Amendment (Consumer Guarantee Directions)
Bill, granting the new powers, would be introduced into Parliament
by mid-August (08 August 2018).
More...
Further funds to support Holbrook homeowners affected by
loose-fill asbestos
Holbrook homeowners affected by loose-fill asbestos
insulation will be better off with a funding boost of more than
$26,000 from the NSW Government. This is a second round of funding,
which followed an earlier $88,000 provided to Holbrook residents
from the Community Assistance Package to help with things like
reconnection fees, storage costs, and travel subsidies for builders
and other trades (03 August 2018).
More...
In practice and courts
ABCC: Security of payments – nation-wide campaign
commences
The ABCC has begun a nation-wide campaign to educate
contractors on their responsibilities to pay their subcontractors
on time under the Code for the Tendering and Performance of
Building Work 2016. It's important that contractors meet
their obligations under the Code, otherwise they risk possible
sanctions from tendering for Commonwealth funded projects (02
August 2018).
More...
ABCC: Zero tolerance for drugs and alcohol on
construction sites
The ABCC regulates the Code for the Tendering and
Performance of Building Work 2016. The Code has strict rules
about fitness for work. Code covered contractors are reminded that
they must ensure all of their sites have an approach to managing
drug and alcohol issues in the workplace. The relevant drugs are
those listed in Schedule 4 to the Building Code (02 August 2018).
More...
ABCC: Are you paying your workers correctly?
Over the past 12 months the ABCC has recovered $241,986
for 183 employees. The money related to the underpayment of wages
and workers' entitlements. The audits revealed that while more
than 70 per cent of employers are compliant with their obligations
some employers are misinterpreting award provisions relating to
things such as travel and meal allowances (02 August 2018).
More...
ABCC: Information at your fingertips
The ABCC has now launched its free app for mobile devices.
ABCC On Site enables people on building sites to have access to
information at their fingertips. More...
Current Consultations
Non-conforming building products
Status: Submissions Closed Date Referred: 11 October 2016 Next
Hearing: 02 August 2018 Reporting Date: 16 August 2018
Proposed ban on the use of certain types of aluminium
composite panels
Under the Building Products (Safety) Act 2017,
the intended ban will prohibit the use of aluminium composite
panels with a core comprised of more than 30 per cent polyethylene
by mass in any external cladding in certain multi-storey buildings.
There are exceptions for products that can pass stringent tests
that meet certain Australian Standards (10 August 2018).
More...
BPB: Building and Development Certifiers Bill 2018
Comments are invited on the proposed Building and
Development Certifiers Bill 2018 by 4 September 2018 (07 August
2018).
More...
BPB: Certifiers can now issue CDCs for lead-in
infrastructure
A1, A2, A3 and B1 certifiers may now issue complying
development certificates (CDCs) for 'lead-in
infrastructure' under clause 130 of State Environmental
Planning Policy (Infrastructure) 2007 (03 August 2018).
More...
BPB: Certification data reporting – fifth software
option available
Greenlight Online Permit Manager has been verified as
fully compliant with the data reporting requirements for local
councils and private certifiers (31 July 2018).
More...
NSW Planning: Have your say - Plans
Draft Design Guide for Heritage closes 17 August 2018.
Cases
Levick v Building Professionals Board
[2018] NSWCATOD 125
ADMINISTRATIVE REVIEW – accredited certifier –
finding of unsatisfactory professional conduct – conduct not
sufficiently serious to amount to professional misconduct –
appropriate penalty.
Bajic v Paraskevopoulos [2018]
NSWCATAP 192
BUILDING AND CONSTRUCTION – building contract
– adequacy of reasons – whether Tribunal erred in
failing to consider a party's admission against interest
– resulting effect on weight to be given to expert
report.
Scoular v Ostle [2018] NSWCATAP
189
CONTRACT – Supply of solar power system –
Terms of contract – Claim for unpaid purchase price –
Rebate unrecoverable –Deduction of rebate from unpaid
purchase price where purchaser decommissions system.
The Owners – Strata Plan No 66375 v
King [2018] NSWCA
170
BUILDING AND CONSTRUCTION – claim by owners
corporation against persons alleged to be "developers" as
defined by Home Building Act 1989 (NSW) s 3A –
question of fact as to whether alleged "developers" were
parties to building contract.
APPEALS – drawing of inferences on appeal – evaluation
of competing inferences – where primary judge failed to draw
inference that respondents were parties to the building
contract.
BUILDING AND CONSTRUCTION – whether developers liable for
"design defects" – statutory construction of
Home Building Act 1989 (NSW) ss 18B and 18C – scope
of notional contract pursuant to s 18C – whether breach of
statutory warranty pursuant to s 18B(c).
Mitsiou v Zanatta; Jenalp Pty Limited v
Mitsiou [2018] NSWCATAP
187
APPEAL – extension of time for filing of appeal
– application to rely upon new evidence.
HOME BUILDING CLAIM – measure of compensable loss where
contract for supervisory works is only part-performed –
question of fact as to whether payments in cash were made.
Chris Akrivos v Commissioner for Fair
Trading [2018] NSWCATOD
120
ADMINISTRATIVE LAW – administrative tribunals -
Civil and Administrative Tribunal (NSW) – absence of internal
review – jurisdiction The application is dismissed.
Administrative Decisions Review Act 1997 (NSW); Home
Building Act 1989 (NSW).
Catapult Constructions Pty Ltd v Denison No
2 [2018] NSWCATAP
186
APPEAL – Home Building Act – s 48O,
terms of order to rectify.
In the Matter of ACN 092 745 330 Pty Ltd
[2018] NSWSC 1185
CIVIL PROCEDURE –Originating process –
Amendment. Relevantly, for present purposes, the Liquidator
contends that there were three companies which, in succession,
carried on the same building and construction business.
Legislation
New South Wales
Consultation or Exposure Bills – 10 August
2018
Building and Development Certifiers Bill 2018
Regulations and other miscellaneous instruments
Building
Professionals Amendment (Accredited Certifiers) Regulation 2018
(2018-409) — published LW 3 August 2018
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.