In the media
Why developers are delaying or abandoning half the
apartments they planned to build
The oversupply of apartments is starting to bite, with
40,000 jobs lost and abandoned projects piling up. But it's
likely to get worse before it gets better (21 March 2019). More...
New industry body takes steps to make our buildings
safer
The Australian Balustrade Association
(ABA) has been launched at a time when the
construction industry is grappling over issues like the
non-compliant use of flammable cladding and the cracking of the
Opal Tower apartment block. The main purpose of this new national
association is to prevent death or injury due to non-compliant,
unsuitable or ageing balustrade installations (20 March 2019).
More...
Two building companies collapse amid national housing
downturn
Two South Australian building companies have collapsed,
and another is facing court action, as pressure from the national
housing downturn continues (13 March 2019). More...
The less expensive way to reduce the fire risk of some
cladding
It took just 90 minutes for fire to race up 20 storeys of
the Grenfell Tower, thanks to its combustible aluminium composite
panels. But there are ways of making buildings safe — and not
all involve completely replacing cladding (12 March 2019). More...
Housing investor loans sink to GFC levels
The amount of credit provided to housing investors in
January 2019 was lower than in any month since 2011,” said
Master Builders Australia's Chief Economist, Shane Garrett.
Excluding refinancing, investor lending fell by 4.1 per cent during
January to $4.67 billion. This is the weakest monthly result since
October 2011 (12 March 2019). More...
Engineers Australia: Events like Opal Tower are shaping
the future of engineering
The final report into the causes of the structural damage
to Sydney’s Opal Tower says the damage could have been
avoided if an engineers’ registration system was in place
along with other key recommendations (11 March 2019). More...
PI ‘crisis’ as insurers retreat from
cladding risk
Insurers are pulling back from exclusion-free professional
indemnity (PI) cover for building surveyors and
fire engineers, sparking fears the construction industry could
“grind to a halt” (11 March 2019). More...
Sydney launches challenge to diversify housing
The City of Sydney has launched a challenge to develop
innovative new ways to make Sydney’s housing more diverse and
affordable. By encouraging new ways of thinking about housing
across financing, management and design, the Alternative Housing
Ideas Challenge aims to identify and develop new models to increase
affordable housing supply (19 March 2019). More...
Western Sydney builder ordered to pay $45,000 for false
representations
A 27-year-old man from Tregear has been convicted after
falsely representing himself as a licensed electrician and
fraudulently passing off building works of others as his own.
The NSW Fair Trading Commissioner, said Harrison deceitfully
obtained a financial advantage of more than $12,000 from a customer
in Woodcroft by falsely claiming that his company, Lushomes Pty
Ltd, was the builder of a new home in Harrington Park (14 March
2019). More...
Central Coast building approvals buck expectations
Building approvals on the Central Coast continued to buck
expectations by rising further in January, reported the Housing
Industry Association, the voice of Australia’s residential
building industry (13 March 2019). More...
Published -articles, papers, reports
Planning for Australia’s future population
Government of Australia: 20 March 2019
This strategy document considers population growth and
regional development in Australia. Better population planning will
help overcome capacity constraints and congestion pressures in
Australia’s biggest cities. This will be a key focus of the
government going forward with major investment in infrastructure
right across Australia.
Australian Bureau of Statistics
14 March 2019 Industrial Disputes, Australia, Dec 2018
(cat no. 6321.0.55.001)
In practice and courts
ISCA: ISupply
For Projects & Assets - The ISupply directory will
give you access to suppliers that can help your project or asset
achieve sustainability outcomes rewarded under the IS rating
scheme. The directory links products and services to IS credits
helping you identify suppliers that can meet your requirements (21
March 2019). More...
ABCC: Upcoming labour market testing audits
The ABCC will soon be conducting a labour market testing
audit campaign for employers covered by the Code for the Tendering
and Performance of Building Work 2016 (Code) (12
March 2019). More...
ABCB reminder: NCC 2019
All three volumes of the NCC 2019 preview, as well as The
Guide to Volume One, are now available to download. To get
your copy, log into your NCC account through the NCC
Online or create your NCC
account and login to access. NCC 2019 will be adopted from
1 May 2019. If you’d like an overview of the key changes and
dates, please check out the latest ABCB Connect article.
More...
City of Sydney: Alternative Housing Idea Challenge
The community will have the opportunity to provide
feedback on the short-listed concepts as part of the City’s
consultation to shape Sydney 2050. The Alternative Housing
Ideas Challenge opened on Tuesday 26 March and close on Wednesday 8
May 2019. 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.
Victoria
VBA: Practitioners urged to take due care when relying
on CodeMark Certificates of Conformity
The recent withdrawal of nine Certificates of Conformity
issued under the CodeMark Scheme has again highlighted the need for
practitioners to take due care when accepting Certificates as
evidence of suitability (20 March 2019). More...
Cases
Allen v Wallace
[2019] NSWCATAP 58
BUILDING AND CONSTRUCTION – Home Building –
cost plus contract – repudiation – misleading and
deceptive conduct – adequacy of reasons.
Hutchings v Hope
[2019] NSWCATAP 59
CONTRACT LAW – Contract to do residential building
work – Sham – Unenforceability of contract under
Home Building Act 1989 – “just and
equitable” to recover on a quantum meruit basis.
ADMINISTRATIVE LAW – Adequacy of reasons – failure to
provide analysis of evidence – failure to make relevant
findings.
Long v Antoun’s Concrete
Pumping Pty Ltd [2019] NSWCATAP
56
Appeal and leave to appeal from Consumer and Commercial
Division-principles on appeal-held no appellable error
demonstrated-leave to appeal refused and appeal dismissed –
costs reserved.
Civil and Administrative Tribunal Act 2013 (NSW);
Australian Consumer Law; Home Building Act; Civil and
Administrative Tribunal Rules 2014.
Cincotta v Russo
[2019] NSWSC 272
Judgment for the plaintiff against the first defendant for
damages to be assessed.
CONTRACTS – Particular parties – principal and agent
– undisclosed principal – building contract –
where licensed supervisor contracted as agent for builder –
identity of contracting parties – agent personally liable in
circumstances where reasonable person in position of the parties
would conclude agent was contracting party.
Corporations Act 2001 (Cth); Home Building Act
1989 (NSW)
Petropoulos v CPD Holdings Pty
Ltd [2019] NSWCATAP 53
COSTS – Appeal from first instance costs decision
–where Appeal Panel partially set aside the first instance
principal decision after the first instance costs decision had been
made – where parties agreed that the issue of costs should be
remitted to the Tribunal and re-determined in light of the Appeal
Panel’s decision – whether Appeal Panel should address
grounds of appeal or whether there was no utility in doing
so.
COSTS – Application for costs of the appeal from the first
instance costs decision – whether appellant had been
‘successful’ on appeal – whether builder entitled
to costs ‘wasted’ because homeowner withdrew
‘stay’ application.
Home Building Act 1989 (NSW); Civil and Administrative
Tribunal Act 2013 (NSW)
Petropoulos v CPD Holdings Pty
Ltd [2019] NSWCATAP 54
COSTS – Costs on appeal – where homeowner
successful on one ground of appeal – whether Tribunal should
order that builder pay 100% of the homeowner’s costs –
whether homeowner has failed on a separable issue – whether
there are factors that militate against awarding 100% of
homeowner’s costs.
Civil and Administrative Tribunal Act 2013 (NSW); Home
Building Act 1989 (NSW)
Castle Constructions Pty Ltd v N
& R Younis Plumbing Pty Ltd [2019] NSWSC
225
BUILDING AND CONSTRUCTION – Construction contracts
– Building and Construction Industry Security of Payment
Act 1999 (NSW) – challenge to adjudication determination
– entitlement to progress payment – whether payment
claim supported by valid reference date – whether reference
dates may arise following termination of the relevant contract
– operation of ss 8(2)(a) and 8(2)(b) – whether
existence of a reference date is a jurisdictional fact –
whether validity of a termination is a jurisdictional fact –
review of adjudication determination.
Icon Co (NSW) Pty Ltd v AMA
Glass Facades Pty Ltd [2019] NSWSC
250
BUILDING AND CONSTRUCTION – Security of payment
– where successive adjudicators expressed inconsistent
findings as to proper construction of the building contract –
subcontractor did not challenge second determination and instead
resubmitted payment claim – contractor contended third
determination void because construction issue determined by
unchallenged second determination – subcontractor belatedly
sought to challenge second determination by
cross-summons.
The Owners - Strata Plan 87265 v
Saaib [2019] NSWSC
289
COSTS – Security for costs – relevant factors
– impecuniosity – delay – risk of stultification
– plaintiff’s impecuniosity attributable to the
defendant’s conduct.
COSTS – Security for costs – plaintiff strata
corporation – liability of members.
Legislation
Code for the Tendering and
Performance of Building Work Amendment (Exemptions) Instrument
2019
20/03/2019 - This instrument amends the Code for the
Tendering and Performance of Building Work 2016 to vary the
definition of ‘Commonwealth funded building work’ and
to make other consequential amendments.
Building and Construction Industry
(Improving Productivity) (Accreditation Scheme) Rules
2019
20/03/2019 - This instrument repeals and replaces the Fair
Work (Building Industry—Accreditation Scheme) Regulation
2016, which prescribe the accreditation scheme for persons who wish
to carry out Commonwealth funded building work for the purposes of
subsection 43(1) of the Building and Construction Industry
(Improving Productivity) Act 2016.
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.