In the media
Why construction standards need to be free
Standards for Australia's construction industry should
be free to access to help combat poor building quality, according
to many people in the industry. For years, experts have said that
cost and lack of access to the hundreds of standards contained in
Australia's National Construction Code has been a problem (06
Australia 2019).
More...
Apartments could be the crack in the housing market
recovery
Evacuations, cracking, flammable cladding — the
apartment market has been plagued by damaging, high-profile
problems this year. So could it be the thorn in the side of the
emerging property market pick-up (05 September 2019).
More...
Building crisis: we need an injection of good
evidence
Rectifying an information and evidence shortfall in the
now widely cited building and construction crisis needs to be an
important part of improving policy making and regulation (05
September 2019).
More...
'Falling costs of solar' drive 20pc increase in
panel installation last year as businesses dive in
Green loans for businesses are making long-shelved plans
for renewable energy viable and powering up a new boom in solar PV
installation (30 August 2019).
More...
HIA: New home sales remain slow
Sales for the three months to July increased by 6.1 per
cent on the preceding quarter and remained down by 12.8 per cent
compared to this time last year," stated HIA's Chief
Economist, Tim Reardon (28 August 2019).
More...
Construction recession deepens and spreads across all
sectors
Construction work fell by a far sharper than expected 3.8
per cent in the second quarter and, more worryingly, work completed
fell across all sectors and in all states and territories (28
August 2019).
More...
Homeowners fork out $10bn to repair defects
Building defects have cost new home owners a staggering
$10.5 billion throughout the past decade, according to a national
survey undertaken by financial research and comparison group Mozo
(28 August 2019).
More...
Australia trails UK on build-to-rent but poised to catch
up
Although the market for build-to-rent
(BtR) is maturing in places such as the UK, it has
yet to take off in Australia. Australia's softening property
market and ongoing demand for new housing are the right conditions
to establish a BtR sector in Australia, according to UK BtR
specialist (27 August 2019).
More...
Opal Tower builder Icon put aside $1 million for
building defects but has spent $24 million so far
Construction giant Icon claims it has spent $24 million
since the evacuation of its cracked Opal Tower skyscraper, despite
putting only $1 million aside as a "provision for
defects" (28 August 2019).
More...
Unlicensed landscaper jailed for 18 months
NSW Fair Trading Commissioner Rose Webb said Hynes, the
sole director of Captain Trade Group Pty Ltd, accepted payments
totalling $141,500 from five homeowners in 2017, for landscaping
work which he did not complete and was uninsured for at the time
(26 August 2019).
More...
Practice and courts
BDAV: Single touch payroll for building And construction
employers
What building and construction employers need to know to
get ready for Single Touch Payroll (29 August 2019).
More...
New Australian Standards
DR AS/NZS 2327:2017 Amd 1:2019
Composite structures - Composite steel-concrete
construction in buildings – Standards Australia.
More...
GBCA: Sustainable finance industry guide
This industry guide provides information about sustainable
finance in the built environment in Australia. It is designed to
support investor understanding of Australia's world-class
rating tools and standards, and how these can be applied to direct
more capital towards sustainable finance for our built environment
(27 August 2019).
More...
ABCB: Energy efficiency scoping study
The ABCB has released an energy efficiency scoping study
for public comment. The study outlines an approach and scope for
investigating possible changes to the NCC's energy efficiency
provisions, with a focus on NCC 2022. This work will consider the
COAG Energy Council's Trajectory for Low Energy Buildings.
Consultation closed 8 September 2019.
More...
CER: Public consultation open for changes to solar
postcode zones
The Clean Energy Regulator is proposing updates to
postcode zones for small-scale technologies under the Small-scale
Renewable Energy Scheme. The changes will affect the number of
small-scale technology certificates for eligible systems in certain
postcodes. If agreed, the changes will come into effect from 1
October 2019.
More...
AIBS: Inquiry into the regulation of building
standards
AIBS gave evidence at the Inquiry into the regulation of
building standards, building quality and building disputes by the
NSW Legislative Council's Public Accountability Committee on 28
August.
More...
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.
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 (August 2019).
NSW Fair Trading: Part 6 of the EP&A Act postponed
until 1 December 2019
The Part 6 provisions of the Environmental Planning
and Assessment Act have been postponed and will now start on 1
December 2019. This delay will allow time for the sector to adjust
to the regulatory changes that have been progressing around fire
safety and the Building and Development Certifiers Act
2018 (30 August 2019).
More...
Planning Circular – Commencement of Part 6
(building and subdivision certification provisions)
FAQ – Occupation certificate
FAQ – New mandatory compliance powers for private principal
certifiers
FAQ – New subdivision works certificate
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
If you have any queries, please contact the Department of Planning,
Industry and Environment here.
More...
Cases
White Constructions Pty Ltd v PBS Holdings Pty
Ltd [2019] NSWSC 1166
BUILDING AND CONSTRUCTION LAW – CONTRACT –
DAMAGES – Contract to design a sewerage system for a
subdivision and submit it for approval – alleged breach
consisting of failure to create and submit a design acceptable to
the approval authority allegedly having the effect of delaying
completion of the subdivision – whether breach established
– whether damages established – programming experts
called on question of delay – appropriate method of delay
analysis – requirement to have regard to evidence –
requirement for the plaintiff to establish damages. HELD – no
breach established – damages not established.
Islam v Javam 1147
COSTS – where an unnecessary appeal to this
Court has been generated as the result of conduct by both plaintiff
and defendant – no order as to costs. Submission: The
defendant has come up with a defence to characterise it and somehow
try and tie it to a home building contract. My submission is that
by the defendant doing that, my client shouldn't be dragged
into the Home Building Act just because the defendant
wants to put a defence on that ties it to the Home Building
Act.
Stefanis v Oneview Construction Pty
Limited [2019] NSWCATAP 218
APPEAL – Expert evidence – Section 18F
defence – Leave to appeal
Nationwide Builders Pty Ltd v Le Roy
[2019] NSWCATAP 220
HOME BUILDING – rectification and completion
costs – damages for late completion
DISCRETION – order making power under s 48O of Home
Building Act – application of preferred outcome
principle
DB Homes Australia Pty Limited v Kes
[2019] NSWCATAP 221
APPEALS – Building and Construction – Contract
– Repudiation – Adequacy of findings
Simcoe v Bate [2019] NSWCATAP
216
APPEAL – failure to appear – whether
reasonable opportunity to be heard – whether denial of
procedural fairness – whether rehearing should be ordered
– construct the stable block, including ground work, concrete
slab – Leave to appeal on grounds other than a question of
law is refused
The Owners SP 89023 v AT Building Pty Ltd (No
2) [2019] NSWCATAP 215
COSTS – home building – appeal from first
instance costs order
The Owners – SP 89023 must pay the respondents costs of and
incidental to appeal AP 19/00156 on the ordinary basis as agreed or
assessed.
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.