In the media
HIA: New housing starts declined in the September
quarter
Preliminary figures released by the ABS on the value of
residential construction work done showed a decline in the
September 2020 quarter to its lowest level since 2014. This data
precedes the positive impact of the HomeBuilder program due to the
lag between purchasing a house and commencing construction (25
November 2020). More...
'We need time to get all these jobs done":
Tradies appeal for HomeBuilder extension amid scramble to start
work
With the December 31 deadline approaching, tradies are
calling on the Federal Government to extend the HomeBuilder grant
(25 November 2020). More...
Iconic builder Grocon declares insolvency and is set to
go into administration
Melbourne's casino, Eureka Tower and the Rialto Towers
are among the iconic developments Grocon has delivered in recent
decades (19 November 2020). More...
Victoria
HIA welcomes big spend budget - housing, infrastructure
and training
The Housing Industry Association (HIA) welcomed the announcement by
the Victorian Government of a significant investment in housing and
infrastructure as well as a boost to improving skills and
opportunities to allow Victorians to return to work (24 November
2020). More...
Victoria's plan to reduce emissions and boost
economic activity leads nation
The $797 million investment that will form part of the state budget
addresses key recommendations aimed at using design to reduce
emissions and mitigate against the impacts of climate change while
also stimulating economic activity and make homes more comfortable
and cheaper to run (23 November 2020). More...
AIA applauds historic social housing
investment
The Victorian Government has announced that the 2020-21 Victorian
Budget will deliver a historic $5.3 billion Big Housing Build to
construct more than 12,000 new homes throughout metro and regional
Victoria, as well as supporting around 10,000 jobs, per year over
the next four years (16 November 2020). More...
New South Wales
New campaign shines light on electrical risks
The new campaign will be delivered with a number of
industry partners including unions, energy retailers and CHOICE to
educate and encourage NSW homeowners to install switches and to
undertake regular checks (24 November 2020). More...
Sydney Metro West officially underway
Work has officially started on the Sydney Metro West mega
project, which will create tens of thousands of jobs and transform
Greater Sydney for generations to come (18 November 2020). More...
HIA: The abolition of stamp duty in New South Wales is a
necessary step
Stamp duty is an inefficient tax. It represents a
significant additional (though artificial) moving cost that
discourages the population moving to a more appropriate home (and
location) that best suits their changing needs (17 November 2020).
More...
Perrottet delivers major infrastructure stimulus boost
and landmark reform agenda in state budget
Infrastructure Partnerships Australia congratulates the
New South Wales Government for delivering a major infrastructure
stimulus funding boost and landmark reform agenda in the 2020-21
State Budget (17 November 2020). More...
Support for owners to remove high risk cladding
The New South Wales government will establish Project
Remediate, a three-year program to help remove combustible cladding
on hundreds of the most at-risk buildings, and pay the interest on
loans by commercial lenders to building owners and owners
corporations, fast-tracking the removal of unsafe cladding (17
November 2020). More...
Queensland
Construction of new facilities at The Spit set to start
soon
Planning and design works are underway for a new pontoon
and jetty at The Spit as part of the Palaszczuk Government's
multi-million-dollar strategy to improve the promote the Gold Coast
icon in the future (26 November 2020). More...
Industry forced to close its books to new home buyers as
HomeBuilder deadline looms large
With the 31 December 2020 deadline just over five weeks
away, many builders are already making the tough decision to close
off their books to new contracts, amid fears they can't
guarantee they'll be able to start work within the required
three months from the signing date (24 November 2020). More...
Walker Corporation set to accelerate Australia's
largest greenfield CBD project
Maroochydore City Centre's shovel ready CBD
redevelopment is set for acceleration under a new agreement by
Walker Corporation with Sunshine Coast Council and SunCentral
Maroochydore Pty Ltd (established to oversee the development) will
see Walker Corporation invest $2.5 billion into the project (23
November 2020). More...
Practice and courts
Adoption of NCC 2022 to be delayed
The delayed adoption will also see adjustments to key
dates in the amendment cycle process for NCC 2022 to allow
stakeholders time to participate. These adjusted dates
include:
May - July 2021: NCC 2022 Public Comment Draft released for public
consultation
May 2022: NCC 2022 Preview published here.
If you have any questions regarding the delayed adoption of NCC
2022, please submit an online enquiry.
2020 National Housing Research Program commences
Research is underway for the suite of projects funded by
AHURI as part of the 2020 National Housing Research Program (NHRP).
The research will be undertaken by collaborative teams from
AHURI's eight national university research partners. For more
details of the 2020 NHRP projects here. More...
Victoria
VBA: New power to immediately suspend
plumbers' licences or registrations
New legislation coming into force on 1 December 2020 will give the
VBA the power to immediately suspend the licence or registration of
a plumber if it is in the public's interest to do so. (20
November 2020) More...
New South Wales
Engineers Australia
Now is your opportunity to provide feedback on new laws
requiring statutory registration for professional engineers, plus a
range of reforms to the process of designing and constructing
buildings.
Engineers Australia have compiled
information compiled information on
what's happened so far and a policy paper.
Queensland
Changes to payment laws - updated November 2020
The?Building Industry Fairness (Security of Payment)
and other Legislation Amendment Act 2020 (BIFOLA) Introduces some important
changes to these payment laws to increase payment
protections for contractors. Provisions due to commence in
2021 are now outlined here.
Safer Buildings program enters final stage
The QBCC is administering the three-part Safer Buildings
program to understand the extent of combustible cladding use in
Queensland's private buildings. The Safer Buildings program has
advanced considerably with Part 3 of the combustible cladding
checklist now underway. The deadline for building owners to
finalise the Part 3 assessment is 3 May 2021. For more information
visit here.
Cases
Victoria
VCON v Oliver Hume &
Anor [2020] VSC 767
BUILDING CONTRACTS - Trial - Building and Construction Industry
Security of Payment Act 2002 (Vic) - Adjudication conducted under
Part 3 Division 2 of the Act - Whether properly characterised, the
payment claim is for contractual entitlements or is an attempt to
recoup liquidated damages - Whether First Adjudication
Determination created an issue estoppel that precluded the first
defendant from relying on the earlier deductions of liquidated
damages - Whether drawing down of two bank guarantees reduced the
amount of the progress payment to which the plaintiff was entitled
- Whether the first defendant's contractual entitlement to
enforce the bank guarantees operated to exclude, modify or restrict
the operation of the Act in a manner prohibited by s 48 of the Act
- Whether the claim is for an excluded amount - Building and
Construction Industry Security of Payment Act 2002 (Vic) ss 10,
10B, 14(3), 15(2), 21, 23, 47 and 48 - Seabay Properties Pty Ltd v
Galvin Constructions Pty Ltd [2011] VSC 183, applied - Shape
Australia Pty Ltd v Nuance Group (Aust) Pty Ltd [2018] VSC 808,
applied - Dualcorp Pty Ltd v Remo Constructions Pty Ltd [2009]
NSWCA 69; (2009) 74 NSWLR 190, applied - Blair & Perpetual
Trustee Co Ltd v Curran [1939] HCA 23; (1939) 62 CLR 464, applied -
Fabtech v Laing O'Rourke Australia Construction Pty Ltd [2015]
FCA 1371, applied.
New South Wales
Duzenli Developments Pty Ltd ACN 623
852 031 trading as Zen Group Constructions v Benuga Pty Ltd ACN 001
131 997 [2020] NSWSC
1667
EQUITY - Equitable remedies - Injunctions - serious question to be
tried - balance of convenience - plaintiff builder executes
building work under a building contract with the defendant upon
land owned by the defendant - plaintiff's building work does
not reach practical completion - disputes break out about allegedly
defective work and the rate of completion of the work - defendant
purports to terminate the contract and to exclude the builder from
the site - the plaintiff commences proceedings in the NSW Civil and
Administrative Tribunal (NCAT) seeking remedies under the Home
Building Act 1989 - NCAT gives directions, allowing both parties
access to the site with their experts to prepare for a hearing
before NCAT - the defendant seeks possession of the site on the
basis that the plaintiff's license to be on the site has been
terminated - whether the defendant should be let into possession -
whether the parties should both be excluded from the site pending
resolution of the NCAT proceedings.
Hewatt Pty Ltd v Orange City
Council [2020] NSWSC
1662
CIVIL PROCEDURE - separate question - whether there should be a
separate determination of the merits of the plaintiff's claim
under the Building and Construction Industry Security of Payment
Act BUILDING AND CONSTRUCTION - whether by reason of s 16(4) of the
Building and Construction Industry Security of Payment Act the
defendant would not be able to bring a cross claim against the
plaintiff
CPB Contractors Pty Limited v Heyday5
Pty Limited [2020] NSWSC
1625
BUILDING AND CONSTRUCTION - Building and Construction Industry
Security of Payment Act 1999 (NSW) ss 22(2), (3), (5) - An
adjudication determination upheld a claim for a variation of a
building contract consisting of a direction by a head contractor to
a sub-contractor to provide spotters for mobile elevated work
platforms - Challenge to the determination on the grounds that it
discloses no evident or intelligible justification for upholding
the claim and that the adjudicator denied the plaintiffs procedural
fairness because he found them on bases not the subject of
submission duly made - HELD - Challenges not made out - Importance
of recognising that adjudicators' determinations are not
judgments of a court, that the procedural behaviour of adjudicators
and determinations should not be examined with an overcritical or
pedantic eye but should be viewed with common sense and without
undue legality and should not be scrutinised with a fine-tooth comb
approach.
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.