In the media
PCA: Federal leadership needed to resolve looming
insurance crisis
The Property Council of Australia is calling for the
Commonwealth, state and territory governments to immediately
convene an industry roundtable on resolving the insurance crisis.
Insurers around the world have withdrawn exclusion-free
professional indemnity insurance for building certifiers and other
professionals including engineers and architects in the aftermath
of fires involving combustible cladding products (28 June 2019).
More...
MBA: Fast Track for Infrastructure Needed As Civil
Construction Activity Hits Two Year Low
New figures show that the volume of civil/engineering
construction work done across Australia fell to a two-year low
during the March 2019 quarter. The amount of work done in this part
of the construction sector fell by 4.9% during the quarter and has
now lost 13.5% over the past year (26 June 2019).
More...
Australia is still building 4 in every 5 new houses to
no more than the minimum energy standard
Many new houses in Australia fall short of what is optimal
in terms of environment, economic, and social outcomes, and are
well below minimum standards set by many other countries, according
to expert research (25 June 2019).
More...
MBA: Governments Must Act Now On Building Certifier
Insurance Crisis
Construction industry leaders met in Canberra to urge the
Federal, State and Territory Governments to act now to address the
building certifier insurance crisis that has potential to bring
building and construction activity to a halt (25 June 2019).
More...
Infrastructure boom offsets apartment bust for
construction workers
First Australia had the mining boom, then the east coast
housing boom, now the nation's economic hopes are pinned to its
biggest ever infrastructure boom (24 June 2019).
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Most tower blocks defective, study finds
An analysis of 212 building audits in three states has
found more than half of high-rise blocks have at least one defect,
prompting calls for an insurance overhaul to address the problem
(24 June 2019).
More...
Building Regulation Reforms Essential for Industry
Confidence
The NSW Government Discussion Paper 'Building Stronger
Foundations" sets out important reforms for the building
industry, says the Urban Taskforce. While the key recommendations
to register all building practitioners, the introduction of a duty
of care and the appointment of a Building Commissioner are useful,
they need to be tested against the two recent structural defect
projects (26 June 2019).
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Next Steps in Building Regulation Reforms
The NSW Government has taken the next step in reforming
the building and construction industry by providing the first
in-depth look at proposed legislation as part of the Building
Stronger Foundations discussion paper (26 June 2019).
More...
Emergency Assistance for Mascot Towers Residents
Residents whose homes in the Mascot Towers are unsafe to
occupy will be able to access temporary residential accommodation
assistance following a decision by the NSW Government to supply
emergency financial support to the Mascot Towers Owners Corporation
(23 June 2019).
More...
NSW building industry facing 'crisis of
confidence' after second apartment block evacuation
There is a "crisis of confidence" in the NSW
building industry following the second emergency evacuation of an
apartment block in Sydney in six months, the Insurance Council of
Australia and Federal Government warns (19 June 2019).
More...
Published - articles, papers, reports
Improving the thermal performance of dwellings for
carbon positive and healthy homes
Anir Kumar Upadhyay, Krishna Munsami, Chris Lockhart
Smith
CRC for Low Carbon Living: 23 June 2019
Energy consumption in the building sector is significant as people
are spending a considerable amount of time indoors. The share of
the residential sector's energy consumption is around 11% of
the total energy consumed in Australia to fulfil household energy
requirements. The largest share of that energy consumption is used
to maintain indoor thermal comfort. More...
Build4Life business model analysis: sustainability
publishing and peer to peer advice service
James McGregor; CRC for Low Carbon Living: 21 June
2019
The purpose of this report is to summarise the development of the
preferred business model identified for Build4Life by reporting of
the key activities of the customer discovery phase of Build4Life.
More...
Guide to low carbon landscapes
Sara Padgett Kjaersgaard, Catherine Evans, Mike S.
Harris
CRC for Low Carbon Living: 20 June 2019
This guide is an introduction that offers practical insights for
homeowners, builders and designers to illustrate what low carbon
landscapes are, how they function and the benefits they provide. More...
Australian Bureau of Statistics
26/06/2019
Engineering Construction Activity, Australia, Mar 2019 (cat no.
8762.0)
Practice and courts
AIBS: Member Communique Professional Indemnity Insurance
Update
AIBS has released a statement regarding the availability
of PI Insurance for building surveyors in Australia (25 June 2019).
More...
New Australian Standards
SA MP 103:2019
Modelling of space heating and cooling and ventilation
systems, using TRNSYS
Standards Australia.
More...
AS 3959:2018/Amdt 1:2019
Construction of buildings in bushfire-prone areas
Standards Australia.
More...
Building Stronger Foundations
Consultation period: 26/06/2019 to 24/07/2019
The NSW Government is implementing four key reforms to deliver a
more robust regulatory framework for the construction of buildings.
The consultation period is open until 23 July 2019. The appointment
of the Building Commissioner is expected to be finalised in coming
weeks.
More...
NSW BPB: Read our Cert Alert newsletter issue 11
27 June 2019 - Consultation on major building industry
reforms; new web app available for certification data reporting;
practice advice and more. Read our Cert Alert newsletter issue 11
here.
Mascot Towers - Information for residents and landlords:
Fair Trading NSW
18 June, 2019 - Mascot Towers, 1-5 Bourke St, Mascot
– Information for residents and landlords.
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. There will be a number of other
changes that will involve further design and consultation from mid
to late 2018.
Cases
Slotwinski v Nutek Constructions Pty Ltd; Nutek Constructions Pty
Ltd v Slotwinski [2019]
NSWCATAP
(5) Remits the proceedings to the Consumer and Commercial
Division of the Tribunal for further determination
Appeal – Determination of quantum meruit claim –
Failure to consider expert evidence relevant to the assessment of a
builder's quantum meruit claim – quantification of
quantum meruit entitlement - Leave to appeal granted – Appeal
allowed – remittal for further consideration of quantum
meruit claim.
Civil and Administrative Tribunal Act 2013 ss36, 38;
Home Building Act 1989 ss 48K, 94; Law Reform (Law and
Equity) Act 1972, s 6; Civil and Administrative Tribunal Rules
2014 (NSW), r 29
Taouk v Ho [2019] NSWCA
156
APPEAL – leave to appeal – building and
construction dispute – appeal from Local Court to Supreme
Court on a question of law – primary judge found that
respondent not bound by releases and bars to action in the
settlement deed – where deed delivered to applicant's
solicitors – where applicant disclaimed deed without
executing it – whether injustice to applicant in refusing
leave to appeal
Indorato v Ottaviano t/as Transbuild
Construction [2019] NSWCATAP
156
Costs - The application for an order for costs of the
appeal to be paid by the appellant is refused.
Michael v Hunters Hill Council
[2019] NSWLEC 1281
BUILDING CERTIFICATE APPLICATION – conciliation
conference – agreement between the parties – orders
The Owners – Strata Plan 89041 v Galyan Pty Ltd (No
2) [2019] NSWSC
788
Defendants to pay the plaintiff's costs of the
proceedings including the costs of the references
COSTS – party/party – proper construction of Heads of
Agreement concerning costs – whether agreement to share
equally the costs of the referees was subject to agreement as how
costs of the proceedings were to be resolved. Civil Procedure
Act 2005 (NSW); Home Building Act 1989 (NSW); Uniform
Civil Procedure Rules (2005) NSW - determined that the Builder had
not established that it was unreasonable for the Owners Corporation
to refuse to allow the Builder back on site to carry out remedial
work and, accordingly, the Builder should pay the Owners
Corporation's costs.
Hodder v Fair Trading [2019] NSWCATOD
95
PROFESSIONS AND TRADES – licensing and regulation
– contractor license – required experience in
residential building work
Alliance Project Group Pty Ltd v The Owners – Strata Plan No.
92334 [2019] NSWCATAP
154
PRACTICE AND PROCEDURE – Leave to appeal –
dismissal of application for summary dismissal – abuse of
process – failure to enquire about the value of works for
which a work order is sought under the Home Building Act prior to
the commencement of proceedings.
Matterson v Sunrise Pools Australia Pty Ltd (No. 2)
[2019] NSWCATAP 152
COSTS – costs of appeal – each party enjoyed
success on the appeal – where appellant successful on a new
ground permitted at hearing of appeal – indemnity costs
sought - measurement of success on appeal– costs of hearing
at first instance when second trial of one issue led to a different
result than at first trial - fresh evidence at second trial.
Solar SG Pty Ltd t/as Solar Service Group v
Hufton [2019] NSWCATAP
147
APPEAL – Leave to appeal on a ground other than a
question of law – Whether Tribunal's decision fair and
equitable – Whether Tribunal's decision against the
weight of evidence – Whether significant new evidence had
arisen since the hearing below – Whether leave should be
given to admit evidence available below
Parry v Andrews [2019] NSWLEC
86
APPEAL – appeal from Local Court – appeal
against conviction for environmental offence – carry out
reclamation work without permit – construction of retaining
wall and concrete boat ramp on water land – whether involved
"reclamation work" – meaning of "reclamation
work" – whether works proved to involve reclamation
work
Nationwide Builders Pty Ltd v Castelino
[2019] NSWCATAP 157
APPEAL – no error of law – leave to appeal
refused – no question of principle
The Owners - Strata Plan No 60182 v
Bornzin [2019] NSWCATCD
30
STRATA SCHEMES---Orders under Strata Scheme Management
Act 1996 (NSW)---Operation of savings and transitional
provisions under Strata Schemes Management Act 2015
(NSW)---Whether orders expired---Whether Lot owner had failed to
comply with orders---Whether owners corporation should be granted
access to perform work
Pollak v Yapp [2019] NSWCA
150
Appeal dismissed with costs. CONTRACTS —
Construction — Interpretation — Contract for sale of
land — Special condition in contract required vendor to
ensure all development conditions complied with prior to completion
— Whether warranty had effect of requiring all works subject
of development approval to be completed —Special condition
contained disclosure that some works were carried out in conformity
with development consent but lower staircase requires replacement
— Whether disclosure amounts to warranty that all works
subject of development approval have been completed — Where
some but not all works the subject of development approval in fact
completed —— Whether provision of interim occupation
certificate capable of satisfying vendors' obligation to
provide an occupation certificate
BUILDING AND CONSTRUCTION — Occupation certificates —
Whether interim occupation certificate that certifies some but not
all of works the subject of development approval means that whole
premises cannot be lawfully occupied — Whether occupation
certificate relates to entire property or merely part of property
on which certified works situated — Meaning of "altered
portion" of existing building
(iv) please provide details of insurance under the Home
Building Act 1989."
Pascali v Carr [2019] NSWCA
151
Appeal dismissed with costs. TORT – sale of
residential property – special condition for provision of
evidence concerning home warranty insurance and compliance with
council requirements in relation to building works – implied
fraudulent representations in relation to evidence referable to
fulfilment of special condition – whether representations
made and relied upon
Notwithstanding that the Vendor was not party to the building
contract, Section 92C of the Home Building Act 1989(NSW),
entitles him to the benefit of the Policy.
Legislation
NSW
Regulations and other miscellaneous instruments
Building
Professionals Amendment (Insurance) Regulation 2019 (2019-277)
— published LW 28 June 2019
Coal
Mine Subsidence Compensation Amendment (Miscellaneous) Regulation
2019 (2019-278) — published LW 28 June 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.