In the media
BEC scams hit Australian construction sector
The Australian Cyber Security Centre
(ACSC) has issued a high alert for construction
companies and their customers in Australia. The ACSC has reported
in the past six months there has been an increase in cybercriminals
targeting builders and construction companies to conduct business
email compromise scams within Australia (09 July 2021).
More....
Australian PCI: Construction expansion hit with high
prices and capacity squeeze
The Australian Industry Group/Housing Industry Association
Australian Performance of Construction Index fell by a further 2.8
points to 55.5 in June, trending lower after hitting a record high
in March (readings above 50 indicate expansion in activity, with
higher results indicating a faster expansion). Download
the full report (05 July 2021).
More...
Detached dwelling approvals remain elevated in May
The Australian Bureau of Statistics released its monthly
building approvals data for detached and multi-units data covering
all states and territories. Detached approvals are expected to
remain elevated for several more months as approval authorities
work through the remaining HomeBuilder projects (05 July 2021).
More...
HIA: Loans for new home building remain elevated but
below peak
"Confidence in the broader housing market is strong,
supported by low interest rates and ongoing house price
growth," added MsLillicrap. This has seen the number of loans
for established homes increase by 10.3 per cent in the three months
to May, reaching the third highest level since the series began in
2002 (02 July 2021).
More...
Construction industry a $360 billion house of
cards
Australia's construction industry is a $360-billion
house of cards teetering in a profitless boom in which builders big
and small are going bust – and warnings from its coalface
indicate the worst is yet to come (02 July 2021).
More...
Timber supply can't keep up with demand as housing
boom comes after Black Summer bushfires
The federal government is being urged to intervene in the
national timber industry, as the construction and forestry union
forecasts the sector will not be able to meet demand fuelled by the
national construction boom (02 July 2021).
More...
New tool to determine quality and trustworthiness of NSW
residential buildings
The NSW Government has announced a collaboration to
develop a world-first construction assurance tool, utilising
multiple data points to help Fair Trading and the insurance
industry to access a residential apartment building's quality
and compliance with construction standards (09 July 2021).
More...
Construction watchdog: Body corporates are not reporting
known defects
Fewer than a fifth of new buildings in NSW with serious
defects had been reported to the government officials charged with
cleaning up the construction industry and restoring public
confidence (03 July 2021).
More...
Building sites fail on falls while solar firm fined
$300k
Employers across NSW are being put on notice after recent
SafeWork visits to construction sites in northern Sydney and the
Sutherland shire revealed more than 20 per cent of sites had
working at heights risks while two thirds required intervention on
unsafe practices (02 July 2021).
More...
List of developer's 'defective' residential
buildings in Sydney revealed in court
A string of "defective" residential buildings
across Sydney, constructed by developer Toplace, have been revealed
as part of a court battle between the company and shock-jock Ray
Hadley (03 July 2021).
More...
Sydney's fish market revamp leaves locals feeling
'cast aside'
Local community groups say they have had little say in
plans for the development, which include more than 1,000 apartments
to be built over the Sydney Fish Market site (02 July 2021).
More...
Residents banned from Sydney apartment block after
'serious defects' discovered
A 22-storey twin-tower complex in Parramatta in
Sydney's west is slapped with a serious defects prohibition
order, after the NSW Building Commissioner discovered major issues
with the development's "load-bearing component" (01
July 2021).
More...
Next stage for Sydney Metro West's nine new
stations
Construction plans are in motion for the next stage of the
Sydney Metro West project, involving nine new metro stations
between Westmead and Hunter Street in the CBD and their surrounding
precincts. A Scoping Report, lodged with the Department of
Planning, Industry and Environment, is seeking approval for major
building works (30 June 2021).
More...
Published – articles, papers, reports
Australian Bureau of Statistics
05 July 2021:
Building Approvals, Australia.
Practice and courts
ABCB consultation open: Involvement of fire authorities
in building design
A discussion paper in response to the Building Confidence
Report is now open for public comment. The BCR Implementation Team
has developed a discussion paper seeking views on the issue of fire
authority involvement in building design. Responses to questions in
the discussion paper are welcomed until 7 July 2021. Read more
here.
ABCB consultations
Consultation open: Guide on evidence of experience for
building surveyor registration
A discussion paper in response to the Building Confidence
Report is now open for public comment. Responses to questions in
the discussion paper are welcomed until 19 July 2021. Read more
here.
WMTS-040: Public comment draft round 1
This technical specification sets out requirements for
metallic and plastics bodied waste pipe outlets and gratings,
separate or integral, for sanitary plumbing applications. Closes 3
August 2021. Read more
here.
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. The first stage of
articles and resources are being released
here.
Update: National Construction Code (NCC) 2022 public
comment draft (stage 1)
Please note The Australian Building Codes Board wishes to
advise that consultation on stage 1 of National Construction Code
2022 public comment draft has now been extended until 11 July. Read
more
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 here.
If you have any questions regarding the delayed adoption of NCC
2022, please submit an
online enquiry.
Comcare consultation: Proposed change to plant
registration – removal of a condition
Comcare is considering removing its imposed condition on
all plant registrations that "a registration holder must
notify Comcare annually of any maintenance, repair, inspection or
testing of an item of plant". Plant includes items such as
cranes, machinery, vehicles, forklifts, lifts, boilers, gas
cylinders. Comcare invited submissions on the proposed removal of
the condition until 24 June 2021. Read more
here.
Have your say on changes to how building design and
construction is regulated in NSW
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. In response to
your feedback, we've drafted a report that explains the changes
that were made to the draft regulation. Learn more
here.
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.
Building Information Modelling (BIM) for WHS
management
What is the best practice and implications of using BIM in
WHS management? Timeline of project; project completion: Mid 2021.
Research submissions are now open.
Apply online at the eTender website.
Cases
PlumbCorp Group Pty Ltd v Paras [2021]
NSWCATAP 207
(1) Leave to appeal refused. (2) Appeal dismissed.
APPEAL – whether expert evidence requires reference to the
Experts Code of Conduct – leave to appeal – criteria
for granting leave.
Home Building Act, 1989 (NSW); Fair Trading Act, 1987 (NSW); Civil
& Administrative Tribunal Act 2013.
Noel v Intelpools Pty Ltd [2021] NSWCATAP
199
CONSUMER LAW – consumer guarantees – supply of
services – when cause of action arises.
Australian Consumer Law (Cth); Civil and
Administrative Tribunal Act 2013 (NSW); Fair Trading Act 1987
(NSW); Home Building Act 1989 (NSW).
Cases cited: Al-Daouk v Mr Pine Pty ... noted that the
claim was not brought under the Home Building Act 1989 (NSW)
because "it is well outside the statutory ... well outside the
statutory warranty period for a home".
Heys v Balmain Projects Pty Ltd [2021]
NSWCATAP 192
BUILDING AND CONSTRUCTION – Home Building Act 1989
– statutory warranty – proceedings for breach –
time in which proceedings to be commenced – calculation of
time – applicability of section 36 of the Interpretation Act
1987.
ADMINISTRATIVE LAW – particular administrative bodies –
NSW Civil and Administrative Tribunal – discretionary
decision on practice and procedure – failure to take into
account relevant matters.
Legislation
NSW
Regulations and other miscellaneous instruments
Environmental
Planning and Assessment Amendment (Major Projects) Regulation
2021 (2021–356) – published LW 1 July 2021.
Mining
Amendment (Standard Conditions of Mining
Leases–Rehabilitation) Regulation 2021 (2021–360)
– published LW 2 July 2021.
Environmental planning instruments
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Low Rise Housing Diversity Code) 2021
(2021–366) – published LW 2 July 2021.
Bills assented to
Building
Legislation Amendment Act 2021 No 21 – assented to 05
July 2021.
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.
