In the media
Survey finds property investors remain upbeat despite
pandemic
A new national survey has found that a number of property
investors have remained upbeat during COVID-19, however, the
pandemic has made many reconsider not only where they buy, but also
where they live (17 September 2020).
More...
HomeBuilder lifts new home construction market
everywhere except Victoria
Releasing its New Home Sales report based on a survey of
the nation's largest home builders, Housing Industry
Association said the volumes of new homes sold across
Australia's five largest states increased by 3.6 percent in
August on a seasonally adjusted basis to reach almost 6,000 (17
September 2020).
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HomeBuilder keeps December quarter afloat
New Home Sales data released confirms that HomeBuilder
will support building activity and protect jobs in the December
2020 quarter," commented HIA Chief Economist, Tim Reardon (16
September 2020).
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Fire safety regulation and control – moving
forward
Is the combustible cladding crisis behind us, or at least
under control? Or are there other major fire risks and latent fire
hazards waiting to hit the building and construction sector in
Australia in the near future (15 September 2020).
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Demand for residential land surges 70 per cent
"Housing finance figures released show that lending
for the construction of a new home rosein Julyfor the first time
since February, to the highest level in two years," stated
HIA's Chief Economist, Tim Reardon (09 September 2020).
More...
New South Wales
NSW subbies owed millions as developers refuse to
pay
NSW construction workers and subcontractors are being
ripped off at record rates as greedy builders and developers use
the pandemic as an excuse to withhold payments for work already
done, warns the CFMEU NSW (18 September 2020).
More...
Flammable cladding delays get apartment owners hot under
the collar
The peak body for apartment owners has accused authorities
of blame shifting, more than three years after London's
Grenfell Tower fire exposed the dangers of flammable cladding. NSW
Better Regulation minister Kevin Anderson notes that "Local
councils can request that the panel consider specific matters when
a council is assessing particular remediation plans put forward by
building owners" (18 September 2020).
More...
Construction begins on World's longest wild dog
fence
New South Wales landholders will be protected by a $37.5
million fence fortress which runs along the Queensland and South
Australia borders, as construction commenced this week on the
mammoth 742km extension of the NSW Border Wild Dog Fence (16
September 2020).
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Jobs, jobs and more jobs for NSW with $3 billion
infrastructure spend
More than 30 new and fast-tracked health, education and
transport and roads projects will be delivered across the state
within two years, creating up to 20,000 estimated jobs thanks to
the NSW Government's $3 billion Jobs and Infrastructure
Acceleration Fund (15 September 2020).
More...
Construction industry gears up to build Coffs
Harbour
Early talks are starting with the construction industry to
help build the Coffs Harbour bypass - the town's biggest ever
infrastructure project (15 September 2020).
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Jobs boom for Western Sydney Aerotropolis
A landmark rezoning will see 6,500 hectares of land
rezoned to provide for employment, residential and environmental
uses in the Western Sydney Aerotropolis, setting the State up for a
strong economic recovery and paving the way for land to be
developed before the first plane takes off in 2026 (13 September
2020).
More...
Station locations confirmed for Western Sydney's new
Metro
The station locations for the new Sydney Metro –
Western Sydney Airport project to service Greater Western Sydney
and the new Western Sydney International (Nancy-Bird Walton)
airport have been revealed, with the project also set to deliver a
multi-billion dollar boost to the New South Wales and Australian
economies (13 September 2020).
More...
Sydney's Central Station skyline to transform
The 16-metre high and 80-metre long roof will provide
natural light to the station. Construction is currently underway
and will be completed by the end of 2020. The upgrades to Central
Station form part of the Sydney Metro construction work, where the
station will have two new underground platforms (10 September
2020).
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Queensland
Construction begins on $1 billion Gympie bypass
The highly anticipated Gympie bypass has moved a step
closer, with the first sod turned at the Woondum interchange (18
September 2020).
More...
Scale of extraordinary school infrastructure program
revealed
New figures have revealed the extent of the Palaszczuk
Government's massive investment in school infrastructure, which
is helping drive Queensland's economic recovery from COVID-19.
The annual investment in school infrastructure tripled between 2015
and 2019 from $500 million to $1.5 billion (17 September 200).
More...
Multi-million dollar investment supports local jobs and
Gold Coast waterways access
The Palaszczuk Government has announced more than $35
million will be invested in the Gold Coast's waterways over the
next four years to create more than 100 jobs, upgrade facilities
for boaties, maintain navigation and improve access through
dredging navigation channels (16 September 2020). More...
State invests $3.5 million to disaster-proof Queensland
communities
Seventeen councils in regional Queensland will share in
almost $3.5 million to fund priority infrastructure upgrades on
roads, drainage systems and power supplies to better prepare for
future natural disasters (16 September 2020). More...
$42M training package to help boost QLD's recovering
construction industry
While the full impact of the coronavirus (COVID-19)
pandemic on Queensland's construction industry still remains to
be seen, Construction Skills Queensland has announced a $42 million
workforce training package to prepare for its eventual recovery (15
September 2020).
More...
Townsville jobs boost as $1.5 billion road pipeline
rolls on
Over 560 jobs will be up for grabs in Townsville after two
major regional road projects moved up another gear (10 September
2020).
More...
QLD government backs jobs and industry with $1 billion
boost
The Queensland state government will invest $1 billion
directly in commercial businesses and projects to generate
Queensland jobs through the COVID-19 recovery (08 September 2020).
More...
Victoria
Work on Preston construction site halted over safety
concerns
The VBA has taken swift action to have work on a
construction site halted to prevent a tragedy taking place, when a
number of safety breaches were identified, which, if not found, had
the potential to lead to serious injuries (18 September 2020).
More...
Better buildings for a more sustainable city
City of Melbourne Councillors will consider proposed
changes to the planning scheme to deliver more sustainable
buildings, which will lead to lower energy and water bills and a
more sustainable and resilient city (17 September 2020).
More...
More major projects to build our economic recovery
The state's economic recovery will be further
bolstered by the acceleration of more than $1 billion worth of
building and development projects set to create jobs and stimulate
growth in metropolitan, rural and regional Victoria. Planning
Minister Richard Wynne has added to an already extensive pipeline
of shovel ready projects by approving another round of new planning
permits worth $933 million (09 September 2020).
More...
Practice and courts
New South Wales
Practising certificates required from 1 October
2020
From 1 October 2020 this year, individuals will only be
able to exercise a statutory function at a mine when they hold a
practising certificate. The
transitional arrangements that have allowed holders of
certificates of competence to exercise statutory functions will end
on 30 September 2020. Click
here for further information on practising certificates,
including how to apply.
Victoria
Code of conduct for building surveyors
State Building Surveyor - The code clearly sets out
examples of inappropriate conduct and establishes eight key areas
of professional conduct that building surveyors in Victoria must
follow. The building surveyor code commences on 1 January 2021.
More...
Cases
New South Wales
Murphy v Zubkrycki & Anor [2020] NSWDC
538
CONTRACTS – building and engineering contracts
– residential building work – claim by beneficiary of
implied statutory warranties – collapse of side retaining
wall – whether builder constructed the wall – whether
wall constituted 'residential building work' –
rectification damages – whether works carried out were
necessary and reasonable. Civil Liability Act 2002 (NSW);
Conveyancing Act 1919 (NSW), s 177; Home Building Act 1989 (NSW),
ss 18B, 18C, 96.
Reward Interiors Pty Ltd v Master Fabrication (NSW AU)
Pty Ltd [2020] NSWSC
1251
BUILDING AND CONSTRUCTION – payment claim served by
subcontractor on builder under Building and Construction Industry
Security of Payment Act 1999 (NSW) – no payment schedule
served by builder – alleged agreement between sub-contractor
and builder that builder pay amount less than the amount claimed in
payment claim in satisfaction of payment claim – where
builder then paid agreed amount – whether that agreement void
by reason of s 34 of the Act BUILDING AND CONSTRUCTION –
whether subcontractor entitled to summary judgment for difference
between amount claimed in payment claim and amount paid pursuant to
the agreement
Building and Construction Industry Security of Payment Act 1999
(NSW); Practice Note SC Eq 3.
Repfix Industries Pty Ltd v FBD Group Pty
Ltd [2020] NSWDC
514
CONTRACTS – building and construction –
plaintiff supplied carpentry and joinery services to customer at
three separate commercial premises – dispute about payment
terms – whether customer liable to pay more than estimated
costs previously agreed to – whether agreement to final
payment terms can be inferred – whether construction works
were defective – whether rectification works necessary or
reasonable to be undertaken – relevance of any lack of
intention to carry out rectification works EVIDENCE –
business records admitted – no testimonial evidence to
support inferences said to be drawn from records – approach
to considering weight to be given to records
Victoria
Façade Designs International Pty Ltd v Yuanda
Vic Pty Ltd [2020] VSC
570
BUILDING CONTRACTS – Building and Construction
Industry Security of Payment Act 2002 (Vic) ('the Act')
– application for judgment after principal failed to provide
payment schedule – principles to be applied in determining
validity under s 14 of the Act – whether payment claim
invalid for insufficient identification of construction work
– whether payment claim invalid if any part fails to
sufficiently identify the construction work – whether a court
must be satisfied under s 16(4) of the Act that the claimed amount
does not include any excluded amount on the face of the claim or in
fact – whether the claimed amount can be amended to delete an
excluded amount – whether an excluded amount can be severed
from the claimed amount.
Spirito Development Pty Ltd v Sinjen Group Pty
Ltd [2020] VCC
1368
CONTRACTS Building contract – payment claim –
whether reference date available for payment claim – whether
payment claim served prior to reference date valid – whether
payment claims validly withdrawn – whether multiple invoices
sent by separate emails can constitute one payment claim –
whether payment claim served by email after business hours can be
taken to be served on the next business day – whether failure
to provide a statement confirming payment to employees invalidates
payment claim – whether retention moneys can be withheld in
absence of payment schedule
Building and Construction Industry Security of Payment Act 2002
(Vic) ss3, 4, 7, 9(1),10B, 12, 14(2), 15, 16(2), 16(4), 17(2), 47,
48, 50; Civil Procedure Act 2010 (Vic) s61, 63.
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.