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.
Cases
NSW
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".
Legislation
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.
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.
