In the media
HIA: Stimulus Measures Yet to Expand Lending for New
Homes
"Lending to households building and purchasing new
homes fell again in June to be 12.8 per cent lower in 2018/19
thanin the previous year," stated HIA's Senior Economist,
Geordan Murray. The fall of 2.0 per cent in lending for new homes
in June 2019 occurred before the effects of recent monetary and
fiscal stimulus could take hold (07 August 2019).
More...
Construction recession deepens with sharpest decline in
activity for six years
It is not that the construction industry has hit the
brakes, it has been in reverse for almost a year and it appears to
be getting even worse (07 August 2019).
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Ralan Group collapses leaving creditors $500m in the
red
One of the nation's largest property developers, Ralan
Group, has gone into voluntary administration, leaving billions of
dollars worth of apartment projects in doubt. The Sydney-based
developer owes around $500 million to creditors, including Westpac
Bank and Melbourne finance house Wingate (01 August 2019).
More...
Construction industry cracks showing as major developer
collapses
The cracks first appeared in the buildings. Now they have
begun to spread across the industry as major developers start
calling in the administrators, leaving tens of thousands of jobs at
risk (01 August 2019).
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New home sales see first improvement since 2017
New home sales recorded a slight uptick in the June
quarter in a move marking the first lift since 2017, reveals the
Housing Industry Association (31 July 2019).
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HIA: Sharp and shallow downturn in building
approvals
"Building approvals in 2018/19 were 19.5 per cent
lower than in the preceding year, making this the most significant
market correction since the introduction of the GST, stated HIA
Chief Economist Tim Reardon (30 July 2019).
More...
RMIT: On firm ground: smarter building for stronger
homes
New software to assess building sites could save
homebuilders thousands by avoiding structural damage caused by soil
moisture changes (29 July 2019).
More...
RICS: Sentiment continues to signal soft landing despite
heightened uncertainty
Data from the Asia Pacific Commercial Property Monitor
suggests that several regional markets are entering a period of
slower growth (28 July 2019).
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It 'doesn't make sense': Judge blasts rule
behind Opal Tower class action delay
A multi-million-dollar class action by owners of units in
the notorious Opal Towers against the NSW Government faces a
month-long delay due to a historical practice note a Supreme Court
judge says "doesn't make sense" (09 August 2019).
More...
NSW Fair Trading: Findings from the 2019 Certifier audit
program
In 2019, the Building Professionals Board, as part of NSW
Fair Trading, commenced audits of the certification activities of
accredited certifiers (07 August 2019).
More...
NSW names construction expert as Building
Commissioner
The NSW Government has appointed David Chandler Building
Commissioner, as part of the state's reform measures for the
embattled construction industry and will advise the Government on
additional reforms that may be needed to ensure better protections
for homeowners and purchasers, and lift building standards across
NSW (05 August 2019).
More...
Unit owners hit with repair bill of at least $10 million
to repair cracks in Mascot Towers
Residents in Sydney's evacuated Mascot Towers building
are facing a repair bill of at least $10 million to fix cracks in
the building, with owners set to vote on a special levy to fund
repairs to the building (03 August 2019).
More...
Opal Tower moving day: No water, delays as builder
claims 'exemplary' approach
A handful of residents moving back into Sydney's
cracked Opal Tower are met with apartments with no water and an
ongoing construction site — but the builder claims the
building's repairs and owner-complaints have been handled in an
"exemplary" way (03 August 2019).
More...
EA: Rotten & broken: why we need to fix NSW's
building sector
As the state's building industry faces crisis,
Engineers Australia says important independent recommendations that
can solve some of the industry's biggest problems risk being
ignored or watered down (29 July 2019).
More...
Published
Australia Bureau of Statistics
30/07/2019
Building Approvals, Australia, Jun 2019 (cat no. 8731.0
Practice and courts
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 (06 August 2019).
More...
BPB releases summary of key audit findings for
2019
The Building Professionals Board has released a summary of
key findings so far from its 2019 program of certifier audits. Read
more about the audit program, including the objectives and
summary of findings. As audits continue, more findings will be
added.
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.
Cases
Victorian
Building Authority v Andriotis [2019] HCA
22
Statutes – construction – statutory powers
– mutual recognition – where s 17(1) of Mutual
Recognition Act 1992 (Cth) provides that person registered in
one State for occupation entitled to be registered in equivalent
occupation in second State where person lodges written notice with
local registration authority of second State – where s 20(1)
of Mutual Recognition Act provides that registration in
first State sufficient ground of entitlement to registration in
second State – where s 20(2) of Mutual Recognition
Act provides that local registration authority of second State
"may" grant registration on that ground – where s
17(2) of Mutual Recognition Act provides that mutual
recognition principle subject to exception that it does not affect
operation of laws that regulate manner of carrying on occupation in
second State, provided laws not based on attainment or possession
of some qualification or experience relating to fitness to carry on
occupation – where respondent registered as waterproofer in
first State – where respondent refused registration in second
State for non-compliance with "good character"
requirement in local Act – whether local registration
authority has discretion to refuse registration – whether
"good character" requirement is law based on
"qualification" relating to fitness to carry on
occupation.
Brown v Tourni [2019] NSWCATAP 20
RENEWAL – home building – adequacy of
reasons – procedural fairness
1 The appeal is allowed.
P&N NSW Pty Ltd v Milovic [2019] NSWCATAP
201
ADMINISTRATIVE LAW – reasons – breach of
warranty – failure to provide adequate reasons
Civil and Administrative Tribunal Act 2013 (NSW); Civil
and Administrative Tribunal Rules 2014 (NSW) – Home
Building Act 1989 (NSW)
Geneville Constructions Pty Ltd v Leslight
(No 3) [2019] NSWDC 404
Costs – building dispute – plaintiff
successful on quantum meruit claim but not successful on
contractual claim – whether there should be a costs order on
discrete issues – Calderbank offer – whether there
should be an indemnity costs order – appropriate costs order
to be made Interest – building dispute – whether
interest should be ordered in relation to quantum merit claim
– if so, from what date should interest be ordered
Procedure Act 2005 (NSW), ss 98, 100, 101 Home
Building Act 1989 (NSW), s 10 Uniform Civil Procedure
Rules
Lilli v Building Professionals Board [2019]
NSWCATOD 119
ADMINISTRATIVE REVIEW – accredited certifier
– findings of unsatisfactory professional conduct –
disciplinary orders
Long v Metromix Pty Ltd [2019] NSWCATAP
198
1. An extension of time in which to appeal Gen
19/17520 is refused. 2. Leave to appeal against the decisions made
in Gen 10/17520 and Gen19/25192 is refused. APPEAL – Setting
aside of consent orders – whether agreement made under duress
– whether renewal application misconceived. Civil and
Administrative Tribunal Act 2013. The Tribunal made the
following orders in the proceedings on 30 October 2018: (1) That
the sum of $6,700 is not due or owing by the applicant to Chady
Antoun or Antoun's Concrete Pumping Pty Ltd in respect of the
supply of concrete
Cubic Metre Pty Ltd v C & E Critharis Constructions
Pty Ltd [2019] NSWCATAP 191
APPEAL – costs of appeal – where Tribunal
ordered that each party pay their own costs following withdrawal of
application by builder – where sub-contractor appealed from
first instance costs decision – where sub-contractor
successful on appeal – where Appeal Panel re-exercised costs
discretion but made no order as to costs – whether special
circumstances exist justifying a costs order in favour of either
party in the appeal proceedings
Georges River Holdings Pty Ltd v Commissioner for Fair
Trading [2019] NSWCATOD 120
ADMINISTRATIVE REVIEW – contractor licence
– cancellation – application for stay
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.