In the media
New home building remains solid despite credit
crunch
“New home building held up well during the September
2018 quarter despite the tougher market conditions,”
according to Master Builders Australia’s Chief Economist
Shane Garrett. Recently released ABS figures on Construction Work
Done indicate that new residential building work eased back by 1.8
per cent during the quarter but was still some 4.7 per cent higher
than a year earlier (28 November 2018). More...
Australia's tallest timber building makes a towering
case for eco-friendly construction
Lured by their superior sustainable qualities, high-rise
developers around the world are increasingly turning to timber
materials for construction, and a newly completed office tower in
Australia is the latest shining example of this (27 November 2018).
More...
Australia's first national building census
launched
An Australian government-owned company has launched the
country’s first building census which maps every building
with a roof area of more than nine square metres. The data set
collects information on the location, elevation, height, roof
materials and footprint of a building as well as the presence of
solar panels, nearby trees and swimming pools (21 November 2018).
More...
New South Wales adopts Commonwealth security of payment
recommendations
The Coalition Government welcomes legislation passing
through the New South Wales Parliament to protect subcontractors
working in the state’s construction industry. The reforms in
NSW adopt key recommendations of the national Review of Security of
Payment Laws (29 November 2018). More...
Engineering the future of New South Wales
NSW Treasurer Dominic Perrottet has welcomed new figures
from the ABS which show the construction industry in NSW is booming
(29 November 2018). More...
Multi-million dollar asbestos dumping fines
Asbestos dumpers now face multi-million dollar fines under
new laws passed by the NSW Government (22 November 2018). More...
EPA targets illegal waste transporters
The NSW Environment Protection Authority
(EPA) has joined forces with police, the ACT
Government and local councils, targeting rogue operators supplying
waste soil from construction sites marketed as “clean
fill” to unsuspecting property owners (19 November 2018).
More...
My house could collapse: WestConnex causing cracks in
walls, residents claim
Umberto Galasso's house sits in North Strathfield,
Western Sydney — 26 metres above the M4 East Westconnex
tunnel. And since construction began he claims huge cracks have
started appearing in his home (22 November 2018). More...
Subbies win with new laws
Sub-contractors and their families will have better
financial security thanks to new laws which passed the NSW
Parliament. Minister for Better Regulation Matt Kean said the
security of payment laws will help stop subbies being left out of
pocket for work completed each month (23 November 2018). More...
Published - articles, papers, reports
Decision support systems for a sustainable management of
the indoor and built environment
Jan K. Kazak, Joost van Hoof; Indoor and Built
Environment: 18 November 2018
Smart city and smart home concepts have become increasingly
popular, especially in the last decade. Many people have positive
notions of living in a smart city or smart home, but not too many
users can really define what these concepts mean. More...
Matching markets in housing and housing assistance
Andrea Sharam, Martin Byford, Bilgehan Karabay, Sean
McNelis, Terry Burke; Australian Housing and Urban Research
Institute: 22 November 2018
This study identified five Australian housing markets that could
use online technology to match highly specific ‘buyers’
and ‘sellers’. More...
ACI Construction Briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry.
ACI Construction Brief: US Hawks vs NZ
Doves
Australian Bureau of Statistics
28/11/2018 Construction Work Done, Australia,
Preliminary, Sep 2018 (cat no. 8755.0)
Practice and courts
AIBS Position on Proposed Fire Safety Verification
Method in NCC BCA 2019
The AIBS Board has formed a view about the proposed
introduction of a fire safety verification method into NCC BCA
2019. This was communicated to the ABCB Board for their
consideration as they meet from 22nd November 2018. To see the
position, members can access a copy of the letter sent to the ABCB
here (22 November 2018).
ABCB Accessible Housing Options Paper:
Consultation
The ABCB’s Accessible Housing Options Paper has been
released for public consultation. The Options Paper provides a
preliminary menu of options and costings on the possible inclusion
of a minimum accessibility standard for housing in the NCC.
More...
NSW: Combustible Cladding Regulation
Under the new Regulations, owners of certain buildings
with external combustible cladding are required to register their
building with the NSW Government through the Cladding Registration
portal. For buildings occupied before 22 October 2018, the deadline
for registration is 22 February 2019. Owners of new buildings will
be required to register their building within four months of the
building first being occupied (updated 28 November 2018). More...
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. While
most of the changes will commence on 1 March 2018, there will be a
number of other changes that will involve further design and
consultation.
Cases
Catapult Constructions Pty Ltd v
Denison (No 3) [2018] NSWCATAP
277
APPEAL- Home Building Act s.48O, Work order
amended – costs of appeal – Appeal Panel jurisdiction
as to costs in first instance proceedings s.81.
Ndaira v Allways Building NSW
Pty Ltd [2018] NSWCATAP
279
RENEWAL PROCEEDINGS – Terms of work orders –
lack of specificity – interpretation of work order –
use of reasons for decision and extrinsic material –
assessment of loss or refund following non-compliance with work
order.
Florida Kitchens Pty Ltd v No 1
Cutting Service Pty Ltd [2018] NSWCATAP
281
APPEAL – Procedural fairness – whether
preventing the continuation of a line of cross examination was a
breach of procedural fairness BUILDING AND CONSTRUCTION –
home building – parties to contract – contract not in
writing – contractor unlicensed - whether contractor entitled
to quantum meruit COSTS – whether special circumstances
– relevance of offer made in Local Court before proceedings
transferred to Tribunal – relevance of offer to costs on
appeal.
Goodwin Street Developments Pty
Ltd v DSD Builders Pty Ltd [2018] NSWCA
276
ADMINISTRATIVE LAW – judicial review – content
of obligation to act in good faith – whether lack of good
faith established by failure to “grapple with” all
matters decision-maker required to consider – whether lack of
good faith requires wilful blindness or conscious maladministration
BUILDING AND CONSTRUCTION – adjudication of payment claim
– review of adjudicator’s decision –
circumstances in which adjudicator’s decision invalid for
lack of good faith – whether decision reviewable for failure
to “grapple with” all matters adjudicator required to
consider – Building and Construction Industry Security of
Payment Act 1999 (NSW), ss 10(1)(b), 22(2).
Gigg v Rodney Rodney Alan Wilks
atf the Wilks Family Trust [2018] NSWCATAP
278
Consumer claim - waste water treatment system - alleged
defective supply, installation and initial maintenance - no error
of law affecting outcome - no basis for leave.
Nadarasa v Vansan Construction
Pty Limited [2018] NSWCATAP
270
Appeal – home building claim – contract -
construction and interpretation of home building contract –
cl 17(a) of the BC4 Residential Building Contract (May 2012)
–whether Tribunal erred in interpretation and application of
the clause
Legislation
New South Wales
Proclamations commencing Acts
Water Management Amendment Act 2018 No
31 (2018-678) — published LW 30 November 2018
Regulations and other miscellaneous
instruments
Access Licence Dealing Principles Amendment
(Nomination of Water Supply Works and Extraction Points) Order
2018 (2018-670) — published LW 30 November 2018
Bills revised following amendment in Committee – 23
November
Building and Construction Industry Security
of Payment Amendment Bill 2018
Protection of the Environment Operations
Amendment (Asbestos Waste) Bill 2018
Bills passed by both Houses of Parliament – 23
November
Building and Construction Industry Security
of Payment Amendment Bill 2018
Fair Trading Legislation Amendment
(Miscellaneous) Bill 2018
Protection of the Environment Operations
Amendment (Asbestos Waste) Bill 2018
Snowy Hydro Corporatisation Amendment (Snowy
2.0) Bill 2018
Bills assented to
Building and Construction Industry Security of Payment
Amendment Act 2018 No 78 — Assented to 28 November 2018
Fair Trading Legislation Amendment (Miscellaneous) Act 2018 No 79
— Assented to 28 November 2018
Protection of the Environment Operations Amendment (Asbestos Waste)
Act 2018 No 80 — Assented to 28 November 2018
Snowy Hydro Corporatisation Amendment (Snowy 2.0) Act 2018 No 95
— Assented to 28 November 2018
For the full text of Bills, and details on the passage of 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.
