In the media
Construction sector extends its recovery
Australia's construction sector continues to grow in
the face of growing price pressures and difficulties in attracting
and retaining skilled workers (4 April 2022).
More...
Country areas are unable to cash in their
popularity
A shortage of housing is preventing regional Australia
from cashing in its newfound popularity. And there is no quick fix
to the problem (4 April 2022).
More...
Home builders count the costs of the once in 100-year
flooding
Despite the prospects of long delays, higher construction
costs and lost income, home builders in flooded areas such as Jack
Henderson are determined to rebuild and stay put (1 April 2022).
More...
In Australia there are more insolvencies in the
construction sector than any other, and consumers are paying the
price
It has been four months since Nathalie Kapuya's
builder went into administration and still her land sits empty (1
April 2022).
More...
Lending for a new home remains well above pre-COVID
levels
The number of new loans for the construction or purchase
of new homes in Australia lifted by 1.7 per cent in February (1
April 2022).
More...
How is Australia's current economy? A quick glance
at three economic indicators
Dwelling approvals in Australia rose by a massive 43.5 per
cent in February after a large drop of 27.1 per cent in January (31
March 2022).
More...
Budget supports home ownership
All levels of government have a role to play in restoring
the rate of home ownership and the measures announced demonstrate
that the federal government is committed to playing a bigger role
(29 March 2022).
More...
Flood insurance costing $30,000 highlights which areas
should not be developed for housing
Thousands of the people enduring the heartbreaking sight
of their homes sinking beneath a rising brown tide across the east
of NSW are doing so knowing they don't have insurance coverage
(23 March 2022).
More...
Published – articles, papers, reports
Performance of Construction Index
The Australian Industry Group and HIA Australian
Performance of Construction Index (Australian PCI®) improved by
3.1 points to 56.5 points, indicating further recovery in activity
across the construction sector after a sharp fall over the summer
holiday period. Read more
here.
Deloitte – 2022 engineering and construction
industry outlook
The engineering and construction industry has made a
significant recovery from the 2020 recession, but it has also
experienced multiple headwinds that are expected to persist. Read
more
here.
Australian Bureau of Statistics – business
conditions and sentiments
In March 2022, 40 per cent of businesses had experienced
increases in their operating expenses over the previous month
compared to 24 per cent of businesses in March 2021. Read more
here.
Australian Bureau of Statistics – building
approvals, Australia
The number of dwellings approved in Australia rose 43.5
per cent in February, in seasonally adjusted terms. This follows a
27.1 per cent fall in January. Read more
here.
Australian Bureau of Statistics – engineering
construction activity, Australia
The seasonally adjusted estimate for the value of work
done for the private sector fell 1.7 per cent in the December
quarter to $13,386.8M. Read more
here.
Cordell Construction Monthly Report
Cordell Construction Monthly provides a regular update on
the number and value of construction projects that are in planning
or have commenced construction across residential, community,
commercial and major infrastructure developments. Read more
here.
Practice and courts
Cross-border blitz boosts construction safety
WorkSafe Victoria and SafeWork NSW visited 52 construction
sites in Albury and Wodonga as part of a week-long blitz to reduce
the risk of falls and other safety issues. Read more
here.
Cases
Brennan v Building Zone Constructions Pty
Ltd [2022] NSWCATAP
96
APPEAL – failure to consider evidence of one party
on the issue of quantum – decision not fair and equitable;
Civil and Administrative Rules 2014; Civil and Administrative
Tribunal Act 2013.
Salakis v Silvabuilt Pty Ltd; Silvabuilt Pty Ltd v
Salakis (No 2) [2022] NSWCATAP
95
COSTS – usual order – costs follow the event
– meaning of "event"; Civil and Administrative
Rules 2014; Civil and Administrative Tribunal Act 2013.
Casazza v McGuinness [2022] NSWSC
348
CIVIL PROCEDURE – appeal and review – appeal
from Local Court.
CONTRACTS – formation – identification of parties to an
agreement – post-contractual conduct; Local Court Act 2007
(NSW).
Garawin Pty Ltd v 1A Eden Pty Ltd
[2022] NSWSC 333
REAL PROPERTY – torrens title – caveats
– application to remove caveats – Real Property Act
1900, s 74MA(2) – real property development joint venture
conducted through trustee company as trustee of a unit trust
– plaintiff a 50 per cent interest holder in the units in the
unit trust – agreement to distribute the profits in specie in
the form of lots of the development – distribution commenced
but not completed – building under development the subject of
defect proceedings – trust faced with unexpected external
liabilities – further distribution suspended but
plaintiff's permitted to mortgage undistributed lots –
freezing orders made by consent against lots to be distributed to
second defendant – lots distributed to the third defendant
– caveats placed on all lots respect parties –
plaintiff seeks removal of caveats to enable distribution –
whether caveats bad in form – what if any ancillary relief
should be granted if caveats are removed; Design and Building
Practitioners Act 2020; Home Building Act 1989, s 18B; Real
Property Act 1900, ss 74MA(2), (3), 74P; Trustee Act 1925, s
102.
Leone v Captain Green Solar Pty Ltd
[2022] NSWCATAP 78
PRACTICE AND PROCEDURE – procedural fairness –
failure to give reasons – adequacy of reasons; Civil and
Administrative Tribunal Act 2014 (NSW) – ss 80, 81; Home
Building Act 1989 (NSW) – ss 18E, 48K(7).
Chen v Austral Built Pty Ltd
[2022] NSWCATAP 67
APPEAL – error of law – scope of works in
contract for residential building work – obligation of
builder to provide sewer service diagram – work and services
order made.
Legislation
NSW
Passed by both Houses of NSW Parliament
Home Building Amendment (Medical Gas Licensing) Bill 2022
31/03/2022 – Home Building Act 1989 No 147.
Environmental planning instruments
Blacktown
Local Environmental Plan 2015 (Amendment No 31)
(2022–129) LW 1 April 2022.
Coffs
Harbour Local Environmental Plan 2013 (Amendment No 26)
(2022–130) LW 1 April 2022.
Kempsey
Local Environmental Plan 2013 (Amendment No 31)
(2022–131) LW 1 April 2022.
Moree
Plains Local Environmental Plan 2011 (Amendment No 7)
(2022–116) LW 30 March 2022.
State
Environmental Planning Policy (Precincts–Western Parkland
City) Amendment (Wilton Town Centre Precinct) 2022
(2022–119) LW 30 March 2022.
State
Environmental Planning Policy (Transport and Infrastructure)
Amendment (Miscellaneous) 2022 (2022–132) LW 1 April
2022.
Upper
Hunter Local Environmental Plan 2013 (Map Amendment No 2)
(2022–133) LW 1 April 2022.
Wagga
Wagga Local Environmental Plan 2010 (Amendment No 44)
(2022–117) LW 30 March 2022.
Ballina
Local Environmental Plan 2012 (Map Amendment No 3)
(2022–106) LW 25 March 2022.
Cumberland
Local Environmental Plan 2021 (Amendment No 3) (2022–107)
LW 25 March 2022.
Dubbo
Regional Local Environmental Plan 2022 (2022–108) LW 25
March 2022.
Ku-ring-gai
Local Environmental Plan 2015 (Amendment No 28)
(2022–109) LW 25 March 2022.
Mid-Western
Regional Local Environmental Plan 2012 (Map Amendment No 2)
(2022–110) LW 25 March 2022.
Pittwater
Local Environmental Plan 2014 (Map Amendment No 2)
(2022–111) LW 25 March 2022.
State
Environmental Planning Policy (Precincts–Western Parkland
City) Amendment (Miscellaneous) 2022 (2022–112) LW 25
March 2022.
Wakool
Local Environmental Plan 2013 (Amendment No 5) (2022–113)
LW 25 March 2022.
Willoughby
Local Environmental Plan 2012 (Amendment No 20)
(2022–114) LW 25 March 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.