In the media
Parliamentary report on mould hands down its finding,
but there are sceptics
Federal member for Robertson and Liberal MP Lucy Wicks
knows first hand what mould related issues are like: she's been
sensitised to such an extent she could no longer tolerate shopping
centres, meeting rooms – even the then-Prime Minister's
office. But the sceptics are questioning the science (01 October
2018).
More...
Approvals for detached houses sink to five year
low
Approvals for new detached houses across Australia are at
their lowest ebb since late 2013, according to Shane Garrett, Chief
Economist of Master Builders Australia. ABS figures which have just
been released indicate that detached house approvals fell by 2.1
per cent during September to record their weakest monthly result
since December 2013 (30 October 2018).
More...
The future of on-site construction
Known as Smart Site Hubs, they will redefine the
construction narrative as the on-site workplace changes to
incorporate more off-site fabrication and factory-led innovations
to change the way buildings are made, assembled and operated (25
October 2018).
More...
New South Wales
Closing loopholes for certifiers
The Minister for Better Regulation Matt Kean said the
reforms passed in Parliament would allow the NSW Government to come
down hard on dodgy operators with the toughest penalties to date.
Changes in the Building and Development Certifiers Bill 2018
are outlined here (26 October 2018).
More...
Consumers and small businesses win big with better
business reforms
The NSW Coalition's sweeping Better Business Reforms
will help small businesses thrive include making 13 types of home
building licenses ongoing, meaning tradies will only have to notify
Fair Trading every 5 years to confirm they want to maintain their
licence (26 October 2018).
More...
Prompter payments for subbies
Building contractors and sub-contractors will now enjoy
more financial security and prompter payments for their work, under
reforms introduced to Parliament. Minister for Better Regulation
Matt Kean said the Government was continuing to consult on the
potential for a statutory trust arrangement, which would quarantine
money for paying sub-contractors (24 October 2018).
More...
Public warning – Do not deal with Tevita Tiliti
Ungounga
NSW Consumers are being warned not to deal with Tevita
Tiliti Ungounga or his associated entities T.T. Construction, an
unregistered business name in NSW, and T & T Sandstone
Construction Pty Ltd operating in NSW (24 October 2018).
More...
Published - articles, papers, reports
ACI Construction Brief - 29 October 2018
A fortnightly communication highlighting key updates
related to Australia's construction industry.
More...
Australian Bureau of Statistics
30/10/2018
Building Approvals, Australia, Sep 2018 (cat no. 8731.0).
In practice and courts
ABCB Accessible Housing Options Paper:
consultation
The ABCB's
Accessible Housing Options Paper has been released for public
consultation. The Options Paper provides a preliminary menu of
options and costings on the possible inclusion of a minimum
accessibility standard for housing in the NCC. Feedback on the
Options Paper is invited until Friday 30 November 2018.
Better Business Reforms
The
Fair Trading Legislation Amendment (Reform) Bill 2018 passed
Parliament on 24 October 2018. This implements the majority of the
Better Business Reforms first explored in the Easy and
Transparent Trading
consultation paper.
More...
BPB: Cert Alert newsletter issue 7
'Cert Alert' is your regular update on work by the
Board, legislative change, events, training and consultation
opportunities (31 October 2018).
More...
New dates forEnvironmental Planning
& Assessment Act Updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act updates.
Changes affect new provisions for
building and subdivision certification,
Local Strategic Planning Statements for councils in the Greater
Sydney Region and
Community Participation Plans. While most of the changes will
commence on 1 March 2018, there will be a number of other changes
that will involve further design and consultation from mid to late
2018 outlined here.
Cases
Ghazal v Masterton Homes Pty Ltd (No 2)
[2018] NSWCATAP 258
COSTS - Appeal - no question of principle.
The Owners Corporation Strata Plan No. 63341 v Malachite Holdings
Pty Ltd [2018] NSWCATAP
256
The appeal is allowed, the order for costs made 23 April
2018 is set aside and the application for costs is dismissed.
COSTS – Rule 38(2)(b) – meaning of the expression
"the amount claimed or in dispute is more than $30,000"
– scope of operation of the rule – special
circumstances – challenge to finding that claimant had
arguable case.
Civil and Administrative Tribunal Act 2013 (NSW); Civil
and Administrative Tribunal Rules, 2014 (NSW); District Court
Act 1973 (NSW); Fair Trading Act 1987 (NSW); Home
Building Act 1989 (NSW).
Briggs v Commissioner for Fair Trading Department of Finance,
Services and Innovation [2018] NSWCATOD
175
ADMINISTRATIVE REVIEW – Home Building –
application for contractor licence – where application
rejected on basis that Applicant did not meet requirements of an
instrument made by the Respondent - whether the Tribunal is
satisfied that the Applicant has the requisite qualifications and
experience to be a builder.
Scenic Tours Pty Ltd v Moore
[2018] NSWCA 238
REPRESENTATIVE PROCEEDINGS – Representative
proceedings brought by Plaintiff on behalf of passengers
(Group Members) who paid for and travelled on
European river cruises supplied by the defendant – a number
of the cruises were seriously disrupted by high water levels on the
rivers – Plaintiff seeks compensation for loss of value and
damages for disappointment and distress for himself and Group
Members – whether proceedings satisfactorily identified
common questions of law or fact.
CONSUMER PROTECTION – Plaintiff relies on the Defendant's
failure to comply with the Consumer Guarantees in ss 60 and 61 of
the Australian Consumer Law (ACL) – whether
the "services" to be provided by the Defendant for the
purposes of the Consumer Guarantees were co-extensive with the
defendant's contractual obligations – whether services
included provision of pre-embarkation information to passengers as
to river conditions – whether the services provided by the
defendant on the cruises were fit for the particular purpose for
which Plaintiff and Group Members acquired them (ACL s 61(1))
– whether the services were not of a nature and quality as
could reasonably be expected to achieve the result Plaintiff and
Group Members wished the services to achieve (ACL s 61(2)) –
whether primary Judge correctly applied the test for assessing
compensation for lost value (ACL s 267(3)(b)) DAMAGES –
whether Plaintiff and Group Members precluded from claiming damages
for disappointment and distress by s 16 of the Civil Liability
Act 2002 (NSW) (Civil Liability Act) –
effect of s 275 of the ACL in picking up and applying the Civil
Liability Act as a surrogate federal law – whether s 16 of
the Civil Liability Act capable of applying to claims for
non-economic loss where the claims arise from conduct outside
Australia.
Woodward v D J & T L Mellross Pty Ltd t/as Mellross
Homes [2018] NSWCATCD
42
Res judicata – Anshun estoppel.
Burkitt v Ultimate Car Rentals Australia P/L &
Ors [2018] NSWDC
328
CONTRACT – Successive bailments of sports car
– determination of liability for damage to vehicle whilst in
the possession of a sub-bailee.
Legislation
Regulations and other miscellaneous instruments
Access Licence Dealing Principles Amendment Order (Broken Hill Pipeline) 2018 (2018-601) — published LW 26 October 2018.
Bills introduced Government – 26 October
Building and Construction Industry Security of Payment Amendment
Bill 2018
Fair Trading Legislation Amendment (Miscellaneous) Bill
2018
Protection of the Environment Operations Amendment (Asbestos Waste)
Bill 2018
Public Works and Procurement Amendment (Enforcement) Bill
2018
Snowy Hydro Corporatisation Amendment (Snowy 2.0) Bill 2018
Bills passed by both Houses of Parliament – 26 October
Building and Development Certifiers Bill 2018
Bills assented to
Building and Development Certifiers Act 2018 No 63
— Assented to 31 October 2018.
Fair Trading Legislation Amendment (Reform) Act 2018 No 65
— Assented to 31 October 2018.
Government Telecommunications Act 2018 No 67 —
Assented to 31 October 2018.
For the full text of Bills, and details on the passage of Bills, see Bills.
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.
