In the media

Interest rate hikes hit home lending
"Loans for the construction or purchase of new houses fell by 4.0 per cent in July, highlighting the impact of the recent increases in the RBA's cash rate," stated HIA Economist, Tom Devitt (1 September 2022). More...

National construction code changes to add thousands of dollars to cost of new homes, builders say
From October next year, all new homes will need to meet accessibility and energy efficiency requirements in many parts of Australia. Queensland's peak industry body, Master Builders, said they anticipated the changes would add an extra $30,000 to an average build (29 August 2022). More...

NSW Government announce BASIX changes
Following the announcement of changes to the NCC 2022 energy efficiency provisions last week, the NSW Government has today announced the equivalent changes for NSW that will apply under BASIX (29 August 2022). More...

Recycling COVID PPE for the construction industry (Audio)
Face masks, shields and other PPE have become a feature of everyday life in recent years because of the COVID pandemic. Now a team at Melbourne's RMIT University have devised a means of using what is currently consigned to landfill, to develop stronger and more durable concrete for the construction industry (25 August 2022). More...

Time to attract women to construct
Construction is one of Australia's largest and most highly skilled industries, and it is also a bastion of male domination. Just 12 per cent of the construction workforce are women, meaning the industry is missing out on employing half the working population—and this is at a time when a massive 105,000 additional construction workers are needed to deliver Australia's project pipeline (2 September 2022). More...

Wollongong high-rise apartment construction sites fail safety inspections
A snap inspection of high-rise apartment buildings under construction in Wollongong has uncovered a number of safety and structural issues. NSW Fair Trading, Safework NSW and the NSW Building Commissioner carried out the inspections this week uncovering safety issues at a number of work sites (2 September 2022). More...

In practice and courts

Have Your Say: More compliant and fire-safe buildings
The NSW Government is working to increase confidence in our building and construction industry. They are asking for your views on changes that will improve building design, construction and fire safety. They want to hear from builders, specialist tradespeople, building professionals, developers, building owners, certifiers, strata managers, fire safety practitioners and members of the public. Responses are invited until 7 October 2022. Read more here.

Published – articles, papers, reports

Australian Building and Construction Commission Industry Update – August 2022
This release from the ABCC provides an overview of their work in and out of the Australian courts since June. Read more here.

Building Approvals, Australia
The ABS has provided the number of dwelling units and value of buildings approved for July 2022. 6 September 2022: Release

Construction Work Done, Australia, Preliminary
The ABS has provided preliminary estimates of value of total construction work done, building work done and engineering construction work done for June 2022. 31 August 2022: Release

Interim Consultation Report: Responses to Consultation RIS on proposed NCC 2022 residential energy efficiency provisions
In 2019, Building Ministers tasked the ABCB with updating the energy efficiency provisions for residential buildings in NCC 2022, informed by the 'Trajectory for Low Energy Buildings' policy. The ABCB developed options for improving the energy efficiency of new residential buildings (houses and apartments). This interim report addresses the responses of stakeholders to these options (June 2022). Read more here.

Cases

Capitalink Pty Ltd v Whitnall [2022] NSWDC 396
CIVIL PROCEDURE – costs - security for costs – plaintiff as trustee company – suit against guarantor arising from the principal builder's alleged failure to complete construction works - plaintiff's reliance upon right of indemnity and proposed arrangements to secure right of indemnity through proposed charge and deed of priority – whether security adequate as alternative to 'cash' security ordered by the Court – consideration of quantum

Nu-Stone Building Pty Ltd v McInerney [2022] NSWCATAP 285
BUILDING AND CONSTRUCTION – calculation of damages

Shoostovian v Commissioner for Fair Trading [2022] NSWCATOD 93
HOME BUILDING ACT – Fit and Proper person – whether person of good repute – disqualification – consumer protection – seriousness of offending

The Owners - Strata Plan No 47383 v McCullum [2022] NSWCATAP 283
LAND LAW – Strata title – By-laws – Whether installation of structure permitted by by-law

The Owners - Strata Plan No 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123
BUILDING AND CONSTRUCTION – residential building work – whether separate causes of action for each breach of the statutory warranties under the Home Building Act 1989 (NSW) – whether single cause of action for all breaches of those statutory warranties or for each individual statutory warranty – application of Onerati principle

Trinvass Pty Ltd and Anor v Connect Infrastructure Design Pty Ltd [2022] NSWDC 394
BUILDING AND CONSTRUCTION – Contract – Implied terms – Australian Consumer Law – CONSUMER LAW – False or misleading representations – Representations about goods or services

Legislation

Regulations and other miscellaneous instruments
 Associations Incorporation Regulation 2022 (2022-522) – published LW 31 August 2022
Conveyancing (Sale of Land) Regulation 2022 (NSW) – commenced 26 August 2022
Biosecurity Order (Permitted Activities) Amendment Order 2022 (No 2) (2022-529) – published LW 2 September 2022
Building and Construction Industry Long Service Payments Regulation 2022 (2022-523) – published LW 31
August 2022
Environmental Planning and Assessment Amendment (Notice Requirements) Regulation 2022 (2022-530) – published LW 2 September 2022
Environmental Planning and Assessment Amendment (Sustainable Buildings) Regulation 2022 (2022-520) – published LW 29 August 2022
Explosives Amendment (Exemptions) Regulation 2022 (2022-531) – published LW 2 September 2022
Independent Pricing and Regulatory Tribunal Regulation 2022 (2022-524) – published LW 31 August 2022
State Environmental Planning Policy (Transport and Infrastructure) Amendment (Intertrade Industrial Park) 2022 – commenced 26 August 2022
Subordinate Legislation (Postponement of Repeal) Order (No 2) 2022 (2022-525) – published LW 31 August 2022
Surveillance Devices Regulation 2022 (2022-526) – published LW 31 August 2022
Treasurer's Direction TD22-27 - Amendment to TD 21-04 (2022-538) – published LW 2 September 2022
Water Sharing Plan for the Murray Alluvial Groundwater Sources Amendment Order 2022 (2022-537) – published LW 2 September 2022

Environmental Planning Instruments
 Campbelltown Local Environmental Plan 2015 (Map Amendment No 7) (2022-532) – published LW 2 September 2022
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Change of Use) 2022 (2022-528) – published 1 September 2022
State Environmental Planning Policy (Sustainable Buildings) 2022 (2022-521) – published LW 29 August 2022
State Environmental Planning Policy Amendment (Inner West) 2022 (2022-527) – published LW 31 August 2022
Sydney Local Environmental Plan 2012 (Map Amendment No 1) (2022-533) – published LW 2 September 2022
The Hills Local Environmental Plan 2019 (Map Amendment No 1) (2022-534) – published LW 2 September 2022
Tweed Local Environmental Plan 2014 (Map Amendment No 1) (2022-535) – published LW 2 September 2022
Woollahra Local Environmental Plan 2014 (Amendment No 25) (2022-536) – published LW 2 September 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.