In the media

Building trades shortage worsens
The HIA Trades Availability Index deteriorated further in the September 2021 quarter indicating that the industry is experiencing the most significant skills shortage since the inception of the report in 2003 (05 November 2021). More...

Building approvals remained elevated in September
"Detached building approvals continue to suggest there is still strong demand for housing six months after the HomeBuilder stimulus ended in March," stated HIA Economist Tom Devitt (03 November 2021). More...

New data shows digital boost needed for builders and tradies to build back better
New data confirms the impact lockdowns have had on small businesses in the building and construction sector and shows the need for measures to support increased digital uptake and capacity building to accelerate recovery from COVID lockdowns (03 November 2021). More...

NSW work health and safety management systems to integrate BIM
The New South Wales Government's Centre for Work Health and Safety is conducting research on integrating building information modelling into workplace health and safety management systems in the construction industry (10 November 2021). More...

Published – articles, papers, reports

Australian Bureau of Statistics
03 November 2021: Building approvals, Australia

Practice and courts

HIA submission
Proposal to increase residential buildings energy efficiency requirements – consultation RIS
8 November 2021 – HIA has made a substantive submission to the Australian Building Codes Board consultation regulation impact statement on the NCC 2022 energy efficiency changes.

Residential Apartment Buildings (Compliance and Enforcement Powers) Act orders register
Orders are issued by the Building Commissioner under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020. The register is updated to 22 October 2021. Click here for more information.



Storer v Commissioner for Fair Trading [2021] NSWCATAD 331
REVIEW OF DECISION BY EXTERNAL DECISION-MAKER – decision to cancel registration as a certifiers pursuant to section 48 of the Building Professionals Certifiers Act 2018 (NSW).
PRACTICE AND PROCEDURE – interlocutory order – application for stay – factors relevant to exercise of the power to stay decision under section 60 of the Administrative Decisions Review Act 1997 (NSW).

De Marco v Macey (No 2) [2021] NSWCATAP 354
(1) Order that the appellant pay the respondents' costs of the appeal on the ordinary basis as agreed or assessed.
COSTS – party/party – appeals – application for indemnity costs – no reasonable prospects of success.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW) Act NDW; Home Building Act 1989 (NSW).

Patel v Redmyre Group Pty Limited [2021] NSWCATAP 351
1. Leave to appeal is refused. Appeal dismissed.
COSTS – party/party – appeals.
Civil and Administrative Tribunal Act 2013, sections 50(2), 60; Civil and Administrative Tribunal Rules 2014, rule 38.
A claim (proceedings HB19/17685) by the appellants, as owners, against the respondent, as builder, under which they sought compensation in the amount of $345,683 in respect of alleged breaches by the respondent of certain express terms of, and statutory warranties in relation to, a contract between the appellants and the respondent for the performance by the respondent of residential building work (the contract).

Reid & Robinson Builders Pty Limited trading as John Robinson Elite Constructions v Cleal [2021] NSWCATAP 348
APPEAL – order transferring proceedings to district court – extension of time to appeal required – whether decision under appeal "interlocutory" or "ancillary" – whether, if required, leave should be granted – respondents' claim in substantive proceedings held to be "otherwise maintainable at law" – time to appeal not extended – leave to appeal refused – appeal dismissed.
Australian Consumer Law 2010 (Cth); Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Fair Trading Act 1987 (NSW); Home Building Act 1989 (NSW).

Dunn & Pilcher Constructions Pty Ltd v Woodos Australia Pty Ltd [2021] NSWCATAP 347
(1) Appeal dismissed. (4) The parties' submissions should address whether the question of costs of the appeal may be determined by the appeal panel on the papers by dispensing with a hearing on costs.
Home Building Act, 1989 (NSW); Law Reform (Miscellaneous Provisions) Act 1948.

Tang v Mawad Group Pty Ltd (No 2) [2021] NSWCATAP 345
(2) The builder's application for costs of the appeal since 16 March 2021 is dismissed.
COSTS – costs on appeal – special circumstances – exercise of discretion.
Civil and Administrative Tribunal Act 2013 (NSW).

Everson v Barazi [2021] NSWCATAP 341
APPEAL – orders made in absence of appellant – appellant failing to comply with directions for the preparation of the hearing – appellant failing to attend hearing – principles to be applied where a party seeks a second hearing. The appellant (Everson) appeals a decision of the Tribunal made on 12 May 2021 pursuant to which the tribunal ordered Everson to pay to the respondent the amount of $20,658.60 (refund for services not provided with due care and skill and not fit for purpose, cost of rectifying damaged underside, building report).

Kumar v RSK Constructions Pty Ltd [2021] NSWCATAP 342
APPEALS – applications brought before consumer and commercial division – failure by parties to raise issues identified in directions hearings – failure by tribunal to consider fundamental issues including identification of contracting parties, the contract and compliance with statutory requirements – failure to accord procedural fairness – held proceedings miscarried – orders set aside and proceedings remitted for reconsideration before tribunal differently constituted.

David Kenneth Costin trading as DC Build Construct v Catherine Maree Parer in her capacity as administrator of the deceased estate of Christopher Charles Musgrave No.1 [2021] NSWDC 564
Breach of contract – building contract.

Impressive Builders Pty Ltd v Cleary [2021] NSWCATAP 331
APPEALS – whether error of law – whether leave to appeal should be granted.

Scott v Stewart [2021] NSWCATAP 326
CONTRACT LAW – termination on notice – substantial breach – meaning of "substantial".


Regulations and other miscellaneous instruments
Electricity Infrastructure Investment Amendment (Safeguard) Regulation 2021 (2021–659) – published LW 12 November 2021
Environmental Planning and Assessment Amendment (Norwest Innovation Precinct) Regulation 2021 (2021–660) – published LW 12 November 2021

Environmental planning instruments
State Environmental Planning Policy (Three Ports) Further Amendment (Shipping Containers) 2021 (2021–667) – published LW 12 November 2021

Bills assented to
Better Regulation Legislation Amendment (Miscellaneous) Act 2021 No 23 – assented to 01 November 2021
Schedule 1 amends the following acts and instrument – (c) Building and Construction Industry Long Service Payments Act 1986 No 19, (d) Building Products (Safety) Act 2017 No 69, (f) Design and Building Practitioners Act 2020 No 7, (k) Home Building Act 1989 No 147.

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