In the media

PM's $86m investment in forestry to secure nation's timber supply
Mr Morrison will announce $86 million for a cash-grant scheme to help foresters and farmers in 11 declared regional forest hubs – including the whole of Tasmania – establish new softwood and hardwood plantations (21 February 2022). More...

Home building in for a soft landing as rates rise, HIA says
Rising borrowing costs are predicted to hit spending power and confidence, cutting new housing starts and putting further pressure on a detached house-building sector that will shrink by almost one-third from the 2021 peak of 141,000. (18 February 2022). More...

Home builder LP Warren Homes goes into administration
"Already at a minimum, our frames were costing $30,000 more, not to mention concrete, plaster, heating and cooling. All of these things had gone up" stated Melissa Gardner, General Manager of LP Warren Homes (18 February 2022). More...

ATO's ticking time bomb of unpaid construction tax bills – The Australian Financial Review
"We all know one of the first places we're going to see a return of insolvency activity is in building and construction," stated John Winter, Chief Executive of the Australian Restructuring Insolvency & Turnaround Association (16 February 2022). More...

NSW drives strong demand for new housing 2022
"Sales of new detached homes recorded an exceptionally strong quarter, led by Australia's largest state," stated HIA Economist Tom Devitt (10 February 2022). More...

Multi-million-dollar expansion for Timberlink, but builders say it won't make a difference to backlog
"If it's two months until they [Timberlink] start churning out [additional timber] I wouldn't think the ripple effect will hit here for another six or eight months" stated Shane Dycer, Mount Gambier builder and developer (10 February 2022). More...

Construction costs rising at the fastest annual pace since 2005
CoreLogic's Cordell Construction Cost Index (CCCI) for Q4 2021 showed that despite an easing in the quarterly rate of growth, national construction costs increased 7.3 per cent over the 2021 calendar year, the highest annual growth rate since March 2005 (9 February 2022). More...

Published – articles, papers, reports

Australian Building and Construction Commission Industry Update - February 2022 edition
It's essential union officials and site occupiers understand their rights and responsibilities in relation to right of entry which is why the February edition of Industry Update highlights this important issue, court summaries and more (17 February 2022). Read more here.

Uniclass: A class above the rest
It [Uniclass] is used as a way of identifying and managing the vast amount of information that's involved in a construction project. Uniclass is also a requirement for BIM projects, as set by the BS EN ISO19650 series of standards (17 February 2022). Read more here.

Hawkesbury-Nepean River March 2021 flood review released
The Review details the causes, nature and impacts of the March 2021 flood, which was the largest flood in the Hawkesbury-Nepean Valley in 30 years (16 February 2022). Read more here.

Practice and Courts

Advice for plumbing practitioners on the new lead requirements
The 2022 edition of the National Construction Code (NCC) will introduce a new limit for the allowable level of lead in plumbing products used for drinking water. This requirement will come into effect on 1 September 2025 (14 February 2022). Read more here.

Cases

Salakis v Silvabuilt Pty Ltd; Silvabuilt Pty Ltd v Salakis [2022] NSWCATAP 40
BUILDING AND CONSTRUCTION – contract – termination – repudiation – whether dispute resolution clause excluded possibility of acceptance of repudiation if requirements not complied with
BUILDING AND CONSTRUCTION – contract – damages – damages for loss of profits assessed by reference to contractual clause governing payment in the event of reduction in the scope of work – whether party seeking damages had led sufficient evidence to establish loss of profits – whether such evidence is necessary where damages are assessed on the basis of a contractual clause.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).

Shivanbodhiselvan v Norwest Gateway Pty Ltd [2022] NSWCATAP 27
BULIDING AND CONSTRUCTION – failure to provide procedural fairness – Anshun estoppel – non question of principle - leave to appeal – decision not fair and equitable – decision against the weight of the evidence – no question of principle.
Civil and Administrative Tribunal Act 2013 (NSW) – s 80(2)(b)); Home Building Act 1989 (NSW).

Legislation

Environmental Planning Instruments
Environmental Planning and Assessment Amendment (Moree Activation Precinct) Regulation 2022

Environmental Planning and Assessment Amendment Regulation 2022

Regulations and other miscellaneous instruments
Water Management (Application of Act to Certain Water Sources) Proclamation 2022

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.