In the media
HomeBuilder applicants could miss out due to building
industry delays
Rebecca Casson, who's the chief executive of Master
Builders Victoria says she is working closely with the Government
to adjust the rules of the scheme (15 April 2021). More...
New guiding principles to promote sustainability
outcomes across infrastructure sector
Infrastructure Australia has released new guiding
principles to promote sustainability across the infrastructure
sector and ensure major investments deliver the best outcomes for
the community (15 April 2021). More...
HomeBuilder drives surge in new home
building
The number of new houses that commenced construction in
the December quarter was the second highest level on record,"
stated Tim Reardon, HIA's Chief Economist. House commencements
surged by 27.0 per cent in the final quarter of 2020 to their
highest level since March 2000 (14 April 2021). More...
Modern manufacturing initiative funds recycling and
energy projects
Under the Federal Government's $1.3 billion Modern
Manufacturing Initiative (MMI), funding has been
opened for recycling and clean energy projects. The MMI is expected
to help manufacturers to scale up production, commercialise their
products and operations, and integrate into domestic and global
supply chains (13 April 2021). More...
Global construction industry forecast to grow by 5.2 per
cent in 2021
Following the historic collapse in construction activity
in 2020 amid the severe disruption caused by restrictions imposed
to contain the spread of COVID-19, the global construction industry
is set to grow by 5.2 per cent in 2021, according to data and
analytics company, GlobalData. Output in 2021 is expected to be 2.5
per cent higher than the 2019 level (12 April 2021). More...
New regulatory focus for major infrastructure
projects
Comcare Major Infrastructure Projects team is proactively
monitoring high-risk activities and safety systems on projects
including underground rail and Commonwealth-funded developments
such as Snowy Hydro 2.0 and Western Sydney International Airport
(09 April 2021). More...
ACA: Improving public infrastructure investment
outcomes
Appropriately targeted investment in public infrastructure
can improve Australia's global competitiveness and create jobs
and stimulus three times the economic value of the initial outlay.
Not surprisingly then, governments are investing heavily in
infrastructure and relying on the construction industry to lead the
economy out of recession (08 April 2021). More...
Crane numbers tell a story of changing housing
demand
The number of cranes across Australian city skylines rose
to 691 in Rider Levett Bucknall's latest count, the first
increase in two years, as education and infrastructure projects
pushed the number of cranes on non-residential work to its highest
level since counting began in 2013 (07 April 2021). More...
'A perfect storm': New home builders
'frustrated' amid trades shortage and supply chain
delays
Australia's building sector bears the brunt of a
"perfect storm" of events, with near-record new home
approvals straining supply chains and sparking construction delays
(07 April 2021). More...
New South Wales
Rozelle Interchange tunnelling reaches halfway
point
In a major milestone, the Rozelle Interchange,
Australia's biggest road infrastructure project, has passed the
halfway mark for tunnelling works. The project is expected to
use 640,000 cubic metres of concrete and 32,000 tonnes of
Australian steel (12 April 2021). More...
New South Wales to modernise heritage protections
The New South Wales Government is taking the first steps
to review and modernise the NSW Heritage legislation with the
referral of a discussion paper to a Parliamentary committee for
inquiry and consultation (08 April 2021). More...
New South Wales Government working to digitise trade
licences
Minister for Better Regulation and Innovation, Kevin
Anderson, has announced that the NSW Government will digitise the
licence card for more than 30 Home Building and SafeWork licence
categories (06 April 2021). More...
Critical equipment for Queensland-New South Wales
Interconnector
In a milestone for the Queensland-New South Wales
Interconnector project, six 90 tonne transformers have arrived on
site and 48 transmission pole structures have been installed in
NSW's North West. The project is expected to provide net
benefits of $170 million to electricity customers and producers and
create about 155 jobs (06 April 2021). More...
New South Wales trade licenses to go digital
The NSW Government is adding trade licenses to the digital
wallet within the Service NSW app as part of the next stage of the
state-wide digital transformation. NSW Minister for Better
Regulation and Innovation, Kevin Anderson, said that the State
Government will digitise the licence card for more than 30 Home
Building and SafeWork licence categories (06 April 2021). More...
Queensland
North Queensland's Kidston pumped hydro project to
create jobs and deliver affordable, reliable power
A major energy project which will create 500 construction
jobs and deliver affordable, reliable electricity for north
Queensland has been secured thanks to support from the Government
through the Northern Australia Infrastructure Facility and
Australian Renewable Energy Agency (15 April
2021). More...
Townsville signing marks important hydrogen
milestone
North Queensland's hydrogen future and the potential
of thousands of regional jobs is a step closer with an agreement
between Australian energy company Origin and the Port of Townsville
signed (14 April 2021). More...
Builders in hot demand - but need support to stop work
going cold
New home construction and renovations remain in hot demand
across Queensland - but builders are calling for more support to
ensure both the industry and consumers get a fair go in the face of
continued price hikes, and trade and materials shortages (12 April
2021). More...
Wide Bay construction boom has industry leaders
concerned about skilled workforce
Construction Skills Queensland chief executive officer
Brett Schimming said there had been a surge in house building
contracts, while private and civil projects were also in the
pipeline (09 April 2021). More...
Trade and product shortages amid HomeBuilder
Grant-induced building boom 'a perfect storm', industry
experts say
In Queensland, the number of new house approvals in the
first nine months of this financial year has almost surpassed the
state's total for the previous year. Queensland Building and
Construction Commission figures have shown the 2019-2020 financial
year saw 25,695 new house approvals, with the 2020-2021 financial
year already at 25,530 (07 April 2021). More...
Victoria
Water tanks to tap into winter rains
Victorian Building Authority State
Building Surveyor Andrew Cialini says
safety and compliance with local council regulations
is important when installing a rainwater tank. To find a licensed
or registered plumber in your area or for more information about
rainwater tanks, contact the Victorian Building
Authority (12 April 2021). More...
Surveyors measure practical experience
The Victoria Building Authority, Victorian Managed
Insurance Authority and Domestic Building Dispute Resolution
Victoria have joined forces to give aspiring building surveyors
hands on, practical, experience at workplaces (08 April 2021).
More...
More inspectors to hit solar roofs
Solar Victoria is to boost the number of specialised solar
safety inspectors in the State to keep up with the record demand
for solar. Minister for Solar Homes, Lily D'Ambrosio said
having more Licensed Electrical Inspectors will reduce the time it
takes to get solar panels operating, and boost the number of rebate
(08 April 2021). More...
Network safety upgrades underway for Mildura
Mildura's local electricity network is undergoing an
upgrade by Powercor to prepare for the installation of a new
bushfire safety device. Powercor crews have begun upgrading the
network to accommodate the installation of a Rapid Earth Fault
Current Limiter at the Merbein Zone Substation (06 April 2021).
More...
Braybrook development the future of housing
The Andrews Labor Government is delivering a new
generation of sustainable public housing in the heart of
Melbourne's booming west. The new homes are part of the Labor
Government's record investment in housing, including the
landmark Big Housing Build (06 April 2021). More...
Practice and courts
Infrastructure Australia: Sustainability
principles
Infrastructure Australia have released their
Sustainability Principles, which explain Infrastructure
Australia's approach to sustainability and how sustainability
informs their work program. The Principles address four components
of sustainability: Social, economic, environmental and
governance.
The Sustainability Principles are now on the Infrastructure Australia website.
ABCC industry update - 15 April
2021 edition
Read about the latest court outcomes, litigation news, and
everything you need to know about our upcoming security of payment
audits in this month's edition of Industry Update. More...
High Court determination settles right of entry permit
requirement
The requirement for union officials to hold a valid
federal right of entry permit when entering work sites under State
or Territory OHS laws has been upheld following a High Court
determination. The High Court on 8 April 2021 refused to allow the
CFMMEU special leave to appeal a 2020 Full Federal Court decision
(13 April 2021). More...
ABCB: Improvements to the code's structure and
format will be implemented for NCC 2022
To guide users through the changes, the ABCB has developed
a range of supporting resources that will be released in stages
leading up to the publication of the NCC 2022 Public Comment Draft
on 10 May 2021.
The first stage of articles and resources are being
released here.
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 at ncc.abcb.gov.au
If you have any questions regarding the delayed adoption of NCC
2022, please submit an online enquiry.
New South Wales
Have your say on changes to how building design and
construction is regulated in New South Wales
The development of supporting regulations is the next step
on delivering on this piece of the Government's building reform
agenda, with the scheme commencing on 1 July 2021. The Design
and Building Practitioners Regulation commences on this
date. The Design and Building Practitioners Regulation
2021 was published on 9 April 2021.
The draft Design and Building Practitioners Regulation
2020
The NSW Design and Building Practitioners Act 2020
provisions of the Act will commence on 1 July 2021. More....
Conflicts of interest - savings and transitional
arrangements
Clause 71 of the Regulation introduces savings provisions for
certain conflict of interest situations where the certifier was
appointed before 1 July 2020 and the work will be completed before
1 July 2022. The provisions relate to council-certified
developments and to developments where the certifier gave advice on
how to comply with the BCA deemed to satisfy provisions. For
all the changes, access the Amendment Regulation here.
New mandatory standards for building rectification
The standard will be reviewed and updated prior to the 1
July 2021 commencement of the Government's game changing
building reform agenda underpinned by the Design and Building Practitioners Act
2020.
The first Practice Standard will initially apply to certifiers
working on residential apartment buildings, where the majority of
problems and complaints have been received. The Practice Standard for registered
certifiers is available on the Fair Trading NSW
website.
Queensland
Master Builders Qld: Low density asbestos fire board
classified as friable from 1 May 2021
From 1 May 2021, low density asbestos fibre board, also
known as asbestos insulating board, will be classified as a friable
material in all circumstances. This means LDB can only legally be
removed by a class A asbestos removal licence holder. More...
Report on post implementation review of Strong and
Sustainable Resource Communities Act
Open to 30 April 2021 - Department of State Development,
Manufacturing, Infrastructure and Planning
Have your say on the consultation report for the Post
Implementation Review of the Strong and Sustainable Resource
Communities Act 2017. More...
Master Builders Qld: Proposed changes to Fair Work
laws - what you need to know
The Federal Government has recently introduced to the
Parliament the Industrial Relations Omnibus Bill that proposes a
series of changes to the Fair Work Act and related laws. The
changes are only proposals and will not come into effect until they
have passed the Parliament, which will be in March 2021 at the very
earliest. More...
QBCC audit of Category 2 licensees
The QBCC is in the process of auditing contractors to
check compliance with their obligations in respect of payment
schedules under the BIF legislation. The audit program covers both
builders and trade contractors. The audits will be completed by 30
April 2021 - it's expected that 200 licensees will be sent
notices (out of the approximate 5,000 licensees in Category 2).
More...
QBCC reminder: Extension to PI insurance cladding
exemption
The Building (Professional Indemnity Insurance) Amendment
Regulation 2020 commenced on 18 September 2020, giving effect to
the extension of the external cladding exclusion. Now, certifiers
can continue to obtain a licence to operate with PI insurance
containing exclusions in relation to non-compliant external
cladding until 30 June 2022. More...
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 www.saferbuildings.qld.gov.au
Build-to-Rent update - approved
projects
The Queensland Government has approved two Brisbane-based
affordable housing projects by developers following a Request for
Detailed Proposals from shortlisted applicants from the Expression
of Interest Phase of the Pilot Project. It is anticipated
construction will commence mid-2021 following the finalisation of
designs for the projects, with operations expected to commence in
2023. More...
Victoria
Consumer Affairs Victoria: Engineers have their say on
proposed registration fees
The Victorian Government is inviting feedback before new
fees are set for the registration and endorsement of professional
engineers under new laws starting on 1 July 2021.The proposed Fees
Regulations and RIS?and are now available for public consultation -
visit Engage Victoria. Comments and submissions may
be made up until midnight on?3 May 2021. For more information,
view Professional engineers. More...
SRO: HomeBuilder applications extended until 14 April
2021
You now have until 14 April 2021 to submit your
HomeBuilder application, regardless of which grant you are applying
for. Our website has now been updated with the revised HomeBuilder guidelines to reflect
the extension of the program and the two grant amounts. More...
VBA: Fire protection equipment servicing
registration/licensing deadline extended
Anyone working on the routine servicing of fire protection
equipment must be registered or licensed with the VBA. After 31
July 2021, unregistered or unlicensed practitioners carrying out
this work will be subject to VBA enforcement action. Due to
COVID-19, the date for registration/licensing was extended from 31
December 2020 to 31 July 2021. More...
VBA: Carpenters selected for first stage of trades
registration
Carpenters will be the first group of trades registered
under Victoria's recently developed trades registration
framework. Provisional registration and licensing for carpenters is
expected to commence in mid-2021. For more information and answers
to frequently asked questions, refer to the Engage Victoria website.
Cases
New South Wales
Cappello v Hammond & Simonds NSW
Pty Ltd [2021] NSWCA
57
CONTRACT - cost plus contract for building work - claim in debt
following non-payment of final invoice - belated submission that
condition precedent requiring provision of details of cost of
building works accompany builder's invoice not satisfied -
submission not made to trial judge - whether point available on
appeal CONTRACT - building contract - claim for defective work -
owner directed re-pouring of lowered slab - whether that work was a
consequence of incorrectly built ceiling - whether owner entitled
to damages CONTRACT - quantification of damages - building contract
- delay in performance - whether owner entitled to damages for
diminution in market value of residential house - whether owner
entitled to general damages for limited use and loss of amenity
while building works continued PLEADINGS - conditions precedent -
implied allegation that all conditions precedent to plaintiffs'
claim satisfied - obligation on defendant to identify with
specificity non-satisfaction of condition precedent to
plaintiffs' claim - Uniform Civil Procedure Rules 2005 (NSW) rr
14.11, 14.14 - history of rules - consequences of failure to comply
with rules.
Shoveller v Dak-Wal Constructions Pty
Ltd (No 2) [2021] NSWSC
352
NEGLIGENCE - Occupiers' Liability - duty of Care of
builder/occupier for hazard created during building works and
causing damage to invitee after handover to Owners - relative
liability of Owners, builder and contractor.
Payce Communities Pty Ltd v
Canterbury-Bankstown Council [2021]
NSWSC 331
BUILDING AND CONSTRUCTION - contract - damages - variation - where
parties agreed that the Fit Out Agreement (FOA) Contract Price was
$2.171 million - dispute as to the scope of work to be done for the
FOA Contract Price - whether variations claimed by developer were
in respect of work to be done for the FOA Contract Price.