In the media
A lot of noise, so what was achieved?
When it comes to efforts to introduce statutory
registration for engineers, there has been a lot of activity in
2019, especially in NSW and Victoria (27 November 2019).
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MBA: Slow infrastructure project roll-out drags
construction to three-year low
Construction activity continues to sink lower with few
signs yet that new infrastructure projects are coming to life on
the ground. The ABS figures indicate that the volume of
construction work done during the September 2019 quarter slipped by
0.4% compared with the June 2019 quarter (27 November 2019).
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Engineers sign up to mitigate impact on climate
change
Thousands of professional engineers, engineering students
and hundreds of organisations are expected to sign a declaration
committing to steering the profession towards reducing carbon
emissions in Australia (27 November 2019).
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Surveyors warn PI insurance market facing
'collapse'
The professional indemnity (PI) insurance
market will collapse within the next 12 months unless the Federal
Government steps in with a rescue package, surveyors have warned.
AIBS says insurers have moved to withdraw indemnity covers for many
types of commercial buildings, domestic swimming pools, wind farms,
solar farms and wheat silos (25 November 2019).
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HIA welcomes Government commitment to reducing red
tape
HIA welcomes the Government's announcement that as
part of its move to bring forward billions of dollars in
infrastructure, it will also be cutting red tape that hinders the
progress of projects that are vital to Australian housing (22
November 2019).
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House price rebound concentrated at top-end of the
market
The sharp turnaround in house prices has prompted property
economists to revise forecasts upward, with Sydney and Melbourne
leading the robust growth in housing demand (21 November 2019).
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Major planning reform to drive jobs and investment in
NSW
Public Spaces Minister Rob Stokes. said a series of
reforms would be introduced to the planning system over the coming
months to slash assessment timeframes, reduce red tape and
fast-track projects in high growth areas (27 November 2019).
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Fair Trading NSW: Proposed ban on the use of certain
types of aluminium composite panels
Notice of her intention to impose building product use ban
for aluminium composite panels with a core comprised of greater
than 30% polyethylene by mass in any external cladding, external
wall, external insulation, façade or rendered finish in
certain multi-storey buildings, subject to specific exceptions. (28
November 2019).
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Hundreds of building sites inspected for run-off during
waterway blitz
Ongoing education and enforcement of sediment controls on
building sites are key to preventing runoff from entering our local
waterways, according to results from the latest Get the Site Right
campaign (26 November 2019).
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Lack of information on apartment defects leaves whole
market on shaky footings
The litany of defects, poor building standards and
regulatory failures have serious implications for apartment owners,
occupiers and buyers alike. Fears of a loss of confidence in the
sector have unfortunately come true (21 November 2019).
More...
Published
ABCC industry update November-December 2019
edition
This issue includes; ABCC findings from zero drugs and
alcohol on building sites campaign; Securing payments for
subcontractors and Wages and entitlements - proper record
keeping(26 November 2019).
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BDAV: Building defects affecting residents
A recent study lead by Deakin University and funded by the
PICA Group sought to identify types of building defects and how
they impacted on the building and its occupants. Of the 3227
defects analysed, defects relating to building fabric and cladding
(40%) were the most prevalent, followed by fire protection (13%),
waterproofing (11.5%), roof and rainwater disposal (8.5%), and then
structural issues (7%)(20 November 2019).
More...
Australia Bureau of Statistics
Construction Work Done, Australia, Preliminary, Sep 2019 (cat
no. 8755.0) (11 November 2019).
Practice and courts
ASBEC: Members approve ResponsibleSteel"
Standard
ResponsibleSteel members have approved the
ResponsibleSteel Standard – the world's first
international, multi-stakeholder standard for responsible
production for steelmaking and processing sites. The Standard will
be officially launched at the ResponsibleSteel Forum II on 1-3
December. ResponsibleSteel is now developing tools to help
organisations implement the Standard (25 November 2019).
More...
HIA submissions
Planning and building process review response to discussion paper
(2MB) ( 25 November 2019).
AIBS member statement - Professional Indemnity
Insurance
AIBS have released a member statement providing an update
on the current Professional Indemnity Insurance situation (22
November 2019).
More...
ABCB: Registration is open for the 2020 NCC
Seminars!
Next March and April the ABCB will be presenting in a
capital city near you (November 2019).
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NABERSReminder: Auditors, Supervisors, and Trainers
Panel Announced
Congratulations to the new Panel Selection for NABERS
Auditors, Supervisors, and Trainers, for October 2019-October 2022.
More...
NSW Fair Trading: Intended Ban Notice: aluminium
composite panels
Any person or corporation who does not comply with the
requirements of the ban can be subject to fines. A corporation
found to be using a banned building product can be fined up to $1.1
million and individuals can be fined up to $220,000. If you have
any enquiries about the proposed building product use ban please
contact NSW Fair Trading online (28 November 2019).
More...
Building Information Modelling (BIM) for WHS
management
What is the best practice and implications of using BIM in
WHS management?
Timeline of project: Project completion: Mid 2021.
More...
Cladding Guideline
Standards Australia has developed a permanent labelling
system of aluminium composite panelproducts to support the
identification of these products throughout their life-cycle
(November 2019).
More...
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.
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.
More...
Cases
Blue Haven Pools South Pty Ltd v Maloney
(No 2) [2019] NSWCATAP 284
A hearing on costs is dispensed with under s 50(1)(c) of
the Civil and Administrative Tribunal Act 2013 (NSW). COSTSCivil
and Administrative Tribunal Act 2013,Civil and Administrative
Tribunal Rules 2014
Visual Building Construction Pty Ltd v Armitstead
(No 2) [2019] NSWCA 280
Appeal dismissed with costs
CONTRACTS – termination – whether building contract
validly terminated – whether, in the circumstances, 10
business days notice giving opportunity to remedy default needed to
be given prior to termination – alternative bases for
termination – Shepherd v Felt & Textiles of Australia
Ltd. the Statutory Warranty Provisions of the Home Building Act in
that the work was not done in accordance with ... done in
accordance with and or complied with the Home Building Act or other
Law. Environmental Planning and Assessment Act 1979 (NSW) ss
109F(1A), 121B, 149E(1)(a); Local Government Act 1993 (NSW)
Da Silva v Building Professionals Board
[2019] NSWCATOD 177
ADMINISTRATIVE REVIEW – accredited certifier –
whether construction certificate plans inconsistent with
development consent – whether development consent authorised
variations – finding of unsatisfactory professional conduct
– appropriate penalty
Macaulay v Bayside Council [2019]
NSWLEC 1568
ORDERS – unauthorised attic construction –
compliance with National Construction Code – Building Code of
Australia
Florida Kitchens Pty Ltd v Number One
Cutting (T/S Number One Marble and Granite)
[2019] NSWSC 1568
APPEAL – security for costs – appeal from NCAT
to Supreme Court – 106 grounds of appeal – decision of
an Associate Justice – 30 grounds of appeal – whether
appeal or judicial review – whether error of law –
House v The King error
Wang v Building Professionals Board
[2019] NSWCATOD 174
ADMINISTRATIVE REVIEW – accredited swimming pool
certifier – lack of understanding of legislative requirements
- finding of unsatisfactory professional conduct –
appropriate penalty
Dyldam Developments Pty Ltd v The Owners – Strata
Plan No 85305 (No 2) [2019] NSWCATAP
272
COSTS – appeal from Consumer and Commercial Division
– whether r 38 and r 38A Civil and Administrative Tribunal
Rules 2014 apply – whether appropriate order is order for
costs in the cause
Legislation
Bills passed by both Houses of Parliament – 22
November 2019
Better Regulation Legislation Amendment Bill
2019
Schedule 1 amends the following Acts—(a)Building and
Construction Industry Security of Payment Act 1999 No
46,(b)Building and Development Certifiers Act 2018 No
63,(c)Building Professionals Act 2005 No 115,
Bills assented to
Better Regulation Legislation Amendment Act 2019 No 23
— Assented to 26 November 2019
For the full text of Bills, and details on the passage of Bills,
see Bills.
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.