In the media
Housing downturn will be a larger-than-expected drag on
economy, RBA warns
Not only is the property downturn hitting household
consumption, it's also a big drag on economic growth and likely
to last for another year, the RBA's deputy governor warns (17
October 2019).
More...
'Absolutely devastating': Mascot Towers cracks
getting bigger, report finds
The latest update on the troubled Sydney apartment block
finds existing cracks in the building have widened and new cracking
has appeared, as owners continue to argue that they cannot afford
repairs (16 October 2019).
More...
Australia looks to sustainable zero carbon emissions for
major works
Australia is currently driving world leading outcomes and
impacts throughout the infrastructure development lifecycle to
ensure sustainability is successfully delivered on major projects
such as the Sydney Metro North West Project and Canberra Metro.
Both projects effectively utilise renewable energy sources and
deliver reduced carbon emissions (16 October 2019).
More...
Pressure growing on governments for cladding
action
Pressure is growing on state governments to help fund
building defect rectification as problems such as the Mascot Towers
evacuation in Sydney add urgency to the issue, a Sedgwick executive
says (14 October 2019).
More...
HIA supports next steps for first home loan deposit
scheme
Graham Wolfe, HIA Managing Director said the Bill's
passage means that the National Housing Finance and Investment
Corporation (NHFIC) will be able to offer the
deposit guarantees that underpin the First Home Loan Deposit Scheme
(14 October 2019).
More...
BDAV: Building Designer insurance update
The Grenfell Tower tragedy in 2017 showed that there is a
real risk with buildings that are clad with flammable panels.
Building Designers need to ensure they remain vigilant when
selecting their partners in the building profession. Working with
experienced and knowledgeable people as well as staying up to date
with information from their Association, will ensure that their
exposure is reduced (09 October 2019).
More...
Project to revolutionise solar construction
Australia's solar industry is set for a major boost
thanks to research involving a startup company and UNSW Sydney,
supported by the NSW Government to embed solar panels into building
materials (15 October 2019).
More...
Queensland
Port of Brisbane releases sustainability report
Port of Brisbane has released its Sustainability Report
2018/19, outlining its sustainability progress and achievements for
the year. The strategy aligns to the United Nations Sustainable
Development Goals (UN SDGs) and reports against
the internationally recognised GRI Framework (17 October 2019).
More...
Victoria
Asbestos material allegedly left unsecured at
construction site in Melbourne's west
Worksafe Victoria confirms it is investigating after
suspected asbestos material is allegedly left unsecured near a
childcare centre in Melbourne's west (07 October 2019).
More...
Published
Coordination of generation and transmission
infrastructure proposed access model: discussion paper
Australian Energy Market Commission: 14 October 2019
The electricity sector transition that is currently under way is
changing the dynamics of the power system. Traditional thermal
plants are closing, and more renewable and asynchronous generators
are coming to the power system. This paper sets out a proposed
model for generators to locate in more cost-effective places, and
access the transmission network more efficiently. More...
Practice and courts
ABCB: NCC 2019 will be amended out-of-cycle
The ABCB is undertaking an out-of-cycle amendment for the
2019 edition of the National Construction Code. It will be known as
NCC 2019 Amendment 1. The amendment is intended to introduce
enhanced fire safety measures for early childhood centres in
high-rise buildings and address recommendations identified in the
Shergold Weir Building Confidence Report. Consultation closed on 10
October 2019.
More...
New South Wales
Draft regulations for building certifiers
The New South Wales Government is seeking feedback on a
draft regulation for building and development certifiers. The
proposed Building and Development Certifiers Regulation 2019 is
open for comment until 28 October 2019. A new Building and
Development Certifiers Regulation 2019 must be introduced in order
to bring the Building and Development Certifiers Act 2018
into force. For more information and to view the documents go to
the
Department of Customer Services website.
Draft legislation for design and building
practitioners
The New South Wales Government is seeking feedback on new
draft legislation governing the design, building and construction
sectors. The Design and Building Practitioners Bill 2019 has been
released as part of the government's response to
recommendations in the
Building Confidence Report (by Professor Peter Shergold and
Bronwyn Weir). A regulation will be developed in 2020 to support
the bill. Submissions closed 16 October 2019.
Find out more and provide feedback.
New South Wales 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) came into effect on 21 October
2019.
More...
Cases
Mann v Paterson Constructions Pty Ltd
[2019] HCA 32
Appeal allowed with costs.
Restitution – Unjust enrichment – Work and labour done
– Where land owners and builder entered into contract to
which Domestic Building Contracts Act 1995 (Vic) applied
– Where contract provided for progress payments at completion
of stages – Where owners requested, and builder carried out,
variations to plans and specifications in contract without giving
written notice as required by s 38 of Act – Where owners
repudiated contract after builder raised invoice claiming for
variations – Where contract terminated by builder's
acceptance of owners' repudiation – Whether s 38 of Act
applied to limit amount recoverable by builder for variations
– Whether builder entitled to recover in restitution as
alternative to claim in damages for breach of contract –
Whether contract price operated as ceiling on amount recoverable by
way of restitution.
Words and phrases – "accrued rights",
"alternative restitutionary remedy", "common
counts", "completed stage", "contract price
ceiling", "contractual incentives", "domestic
building contract", "failure of basis",
"failure of consideration", "limit on
recovery", "measure of restitution",
"notice", "primary and secondary obligations",
"principle of legality", "protective
provisions", "qualifying or vitiating factor",
"quantum meruit", "quasi-contractual
obligation", "repudiation", "restitution",
"subjective devaluation", "unjust enrichment",
"variations", "work and labour done".
Domestic Building Contracts Act 1995 (Vic), ss 1, 3, 4,
16, 27, 38, 39, 53, 132.
New South Wales
Blue Haven Pools South Pty Ltd v Maloney
[2019] NSWCATAP 259
APPEAL – whether permitted to raise new issue on
appeal
CONTRACT – construction of contract – whether
capricious, unreasonable, inconvenient or unjust
CONTRACT – repudiation – whether retracted by
conduct
Vannella Pty Limited atf Capitalist Family Trust v TFM
Epping Land Pty Ltd; Decon Australia Pty Limited v TFM Epping Land
Pty Ltd; Vannella Pty Limited v TFM Epping Land Pty
Ltd [2019] NSWSC
1379
BUILDING AND CONSTRUCTION – payment claims under the
Building and Construction Industry Security of Payment Act
1999 (NSW) – application for summary judgment –
whether validity of payment claim is a triable issue –
whether email constitutes payment schedule – where email
fails to specify the claims to which it objects and the grounds for
objection
COSTS – security for costs – relevance of personal
undertaking by director – discretion to order – no
issue of principle
Queensland
Sanrus Pty Ltd v Monto Coal 2 Pty Ltd (No 8)
[2019] QSC 255
EVIDENCE – ADMISSIBILITY – OPINION EVIDENCE
– EXPERT OPINION – GENERALLY – where the
defendants sought to adduce expert evidence in the form of reports
from experts in coal markets and coal pricing – where the
plaintiffs objected to parts of some of the reports produced by the
experts – where the bases of the objections included: that
opinions contained in the report were irrelevant as the nature,
content or existence of particular matters was not identified; that
the opinions were inadmissible as they were to the state of mind of
a third party; that the opinions were inadmissible as the basis of
knowledge was not identified and the facts underpinning the
assertions were not stated; and that the opinions were hearsay
– whether the objections to the expert reports should be
upheld
Aurizon Network Pty Ltd v Glencore Coal Queensland Pty Ltd
& Ors (No. 2) [2019] QSC
249
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT
– PARTIAL SUCCESS – Where the plaintiff was the
successful party – Where the plaintiff was successful on one
of three issues – Whether costs should be awarded on a
proportional basis – Where the defendants were ordered to pay
65 percent of the plaintiff's assessed costs as an estimate
made on the broad-brush basis
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