In the media
ACT resists new national building standards
The ACT government continues to resist adopting the new
national building standards, claiming the building industry needs
more time to adjust. Meanwhile, all other states and territories
signed up to the 2019 Building Code of Australia on May 1 (03 May
2019).
More...
Industry strengthens call for compulsory registration of
engineers
Engineers Australia has re-stated the case for compulsory
registration in a submission to the Opposition, ahead of the
possibility of Victoria's Parliament considering the
Professional Engineers Registration Bill 2019 this week (30 April
2019).
More...
The biggest ever change to building Green Star
ratings
The Green Building Council of Australia
(GBCA) is preparing to evolve its Green Star
rating system, encouraging the built environment to achieve net
zero carbon emissions (30 April 2019).
More...
Construction activity cools across Asia Pacific to start
2019
Data from the RICS Construction and Infrastructure Survey
indicates a more subdued environment across the Asia Pacific region
to start 2019 (30 April 2019).
More...
Construction, waste management facing tough time
The construction industry and recycling and waste
management operators face surging premiums and challenges obtaining
cover, Honan warns in a quarterly market update (29 April 2019).
More...
Complexity, safety drive construction management
software demand
Increasing project complexity and an ongoing push for
safer work sites are driving greater demand for construction
management software in Australia; a global industry leader says (29
April 2019).
More...
CSIRO opens up new housing portal
The Commonwealth Scientific and Industrial Research
Organisation (CSIRO) has launched a new data
portal to centralise information relating to Australian homes as
part of a program to make them more energy efficient (26 April
2019).
More...
Skilled migration crucial to housing: HIA
Recent proposals to make changes to the '457'
skilled working visa will not address the bigger problem of how to
fill the shortage of skilled trades people available to build new
homes and apartments, according to HIA Managing Director, Graham
Wolfe (26 April 2019).
More...
Dwelling approvals rise in February
A rise in building approvals for apartments and townhouses
has driven a 0.4 per cent increase in the total number of dwellings
approved in Australia in February 2019, in trend terms, according
to data released by the Australian Bureau of Statistics
(ABS) (24 April 2019). More...
NSW electricians sail through licence Tests
Electricians throughout the residential building sector in
NSW have largely sailed through checks to ensure that they have
valid licences, indicating a high level of compliance with
licensing rules in that state (30 April 2019).
More...
Newcastle building company found guilty of failing to
protect workers from falls
A Newcastle building company has been found guilty of
failing to provide adequate fall protection to avoid its workers
from falling from heights. The prosecution comes after a SafeWork
inspector attended a construction site run by DSD Builders Pty Ltd
(DSD Builders) in Speers Point on 27 March 2018
(30 April 2019).
More...
Unlicensed contractor fined $67,000 for breaking home
building and consumer laws
A Western Sydney man has been fined $67,000 after being
found guilty of accepting multiple payments from consumers while
unlicensed and then performing unfinished and defective residential
work (30 April 2019).
More...
Northern Beaches carpenter convicted of repeat offences
under Home Building Act
NSW Fair Trading has successfully prosecuted a Northern
Beaches repeat offender for multiple breaches of home building
laws. Denny Shallis, who traded as Koala Carpentry at Collaroy
Plateau, was sentenced and fined $19,600 at Parramatta Local Court
on 11 April under the Home Building Act
1989(29 April 2019).
More...
Fair Trading shines a light on electrical workers in
building sector
Operation Switch', an investigation led by NSW Fair
Trading officers, identified high levels of compliance across
businesses within the NSW residential building sector. It is an
offence to perform electrical wiring work without a licence or
certificate and workers can be fined $22,000 as an individual or
$110,000 as a company (23 April 2019).
More...
Published
Australian Bureau of Statistics
3 May 2019
Building Approvals, Australia, Mar 2019 (cat no.
8731.0)
Practice and courts
ABCB reminder: NCC 2019
NCC 2019 will be adopted from 1 May 2019. If you'd
like an overview of the key changes and dates, please check out the
latest ABCB Connect article.
More...
HIA: National Construction Code (NCC) 2019 starts
HIA has developed a range of member resources and ran a
series of seminars to assist members in understanding and applying
the changes. You can get access to these resources here. You can
download the new editions of the NCC from the ABCB website or if you want a
hard copy you can get this from the HIA website
here.
GBCA important deadlines - Green Star certification for
your project
Many project teams have timelines set around major
events. To support this, these guidelines below (based on typical
time frames), which specify the deadlines you'll need to meet
in order to have your project certified in time for key milestones
in 2019. Deadline is 4 November 2019.
More...
City of Sydney: Alternative Housing Idea Challenge
The community will have the opportunity to provide
feedback on the short-listed concepts as part of the City's
consultation to shape
Sydney 2050.
More...
Hoisting and construction activities in public
spaces
The City of Sydney is seeking feedback on proposed new
approval processes, controls and responsibilities when operating
and working in public places.
The draft local approvals policy and code of practice: hoisting and
construction activities in public places provides information
for property owners, builders and contractors. The deadline for
submissions is 15 May 2019.
New dates for Environmental Planning & Assessment
Act updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent Environment
Planning & Assessment 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.
Cases
K&J Vision Pty Ltd v Jows Construction Pty
Ltd [2019] NSWCATAP 112
APPEALS - Home building contract – outstanding
progress claims – repudiation of contract – termination
of contract – calculation of damages for breach - adequacy of
reasons - error of law.
Corporations Act 2001 (Cth), s 1335; Home Building Act
1989 (NSW), ss 92, 96, 99; Home Building Regulation
2004, cl 56.
Service Today (NSW) Pty Ltd & Magerovski v
Commissioner for Fair Trading [2019] NSWCATAP
113
ADMISTRATIVE LAW – review of decision to cancel
licenses under the Home Building Act, 1989 – denial
of procedural fairness – review of answers given to show
cause notice – use of subsequent evidence to demonstrate
answers false or misleading – penalty – reference to
cases – parity principle.
Visual Building Construction Pty Ltd v David
Armistead [2019] NSWCA 92
PRACTICE – appeal – security for costs
– corporate appellant – Corporations Act 2001
s 1335 – where reason to believe appellant unable to pay
costs – where no reason not to grant security – no
question of principle.
Bundanoon Sandstone Pty Ltd v Cenric Group Pty Ltd; TWT
Property Group Pty Limited v Cenric Group Pty Limited
[2019] NSWCA 87
APPEAL – contract – where parties entered
into various contractual arrangements to undertake excavation works
including harvesting natural sandstone – whether the primary
judge erred in finding the parties formed a concluded agreement to
vary the terms of the head contract and the sub-contract –
where credit findings are challenged – importance of
establishing a Fox v Percy type error APPEAL – contract
– whether the primary judge erred in finding the
cross-appellant's show cause notice and termination of the head
contract were invalid – effect of variation of the head
contract – whether the primary judge erred in finding a
breach of an implied term of good faith and reasonableness APPEAL
– contract – where parties entitled to share in
royalties from sale of sandstone – whether the primary
judge's construction of the term capping the contractor's
share of the royalties was wrong. Environmental Planning and
Assessment Act 1979 (NSW), s 96.
Uniform Civil Procedure Rules 2005 (NSW), r 42.1, Pt 51.36(2).
Hu v Kim [2019] NSWSC 448
Defendants to pay plaintiffs' costs; Cross-claim
to be dismissed.
COSTS — Party/Party — General rule that costs follow
the event — Application of the rule and discretion —
Defendants conduct of proceedings unreasonable notwithstanding
settlement at hearing.
GUARANTEE AND INDEMNITY — Indemnities — Construction
— Whether liability "as a result of" specified
contract.
The consent orders which I made as between the plaintiffs and the
defendants were: (b) engaging a licensed and qualified builder who
meets the requirements of Part 6 of the Home Building Act
to carry out building works in accordance with the Building Code of
Australia.
Wassef v Panagiotopoulos [2019] NSWCATAP
101
(1) Leave to appeal is refused. APPEAL –
Interlocutory decision - Leave to appeal – no issue of
principle.
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014; Home Building Act
1989.
Kapeller v BH Australia Constructions Pty
Ltd [2019] NSWCATAP 104
COSTS – costs to follow the event.
G&S Engineering Services Pty Ltd v MACH Energy
Australia Pty Ltd (No 2) [2019] NSWSC
463
COSTS – party/party – costs orders in
interlocutory proceedings – whether costs should be payable
forthwith.
Lawrence v Ciantar; Ciantar v Lawrence
[2019] NSWSC 464
CONTRACTS – written terms – oral terms
– construction – whether plaintiff contractually
obliged to carry out and complete certain works – whether
joint venture agreement or contract caught by Home Building Act
1989 (NSW).
CONTRACTS – interpretation – ambiguity – evidence
of surrounding circumstances – evidence of prior negotiations
– evidence of subsequent conduct.
STATUTORY INTERPRETATION – definitions – Home
Building Act 1989 (NSW) – meaning of "residential
building work" – contract to do sub-division works
including construction of a driveway, retention tank and drainage
works – whether preparatory works under contract constituted
"residential building works".
Home Building Act 1989 (NSW) ss 4, 6, 7, 7BA, 7D, 10; sch
1 cls 1, 2, 3.
Menaker v Adambuilt Pty Ltd
[2019] NSWCATAP 117
APPEAL – consent orders – whether basis on
which to set aside - joinder of additional party – whether
denial of procedural fairness – whether significant new
evidence not reasonably available.
Indorato v Ottaviano t/as Transbuild
Construction [2019] NSWCATAP 115
Leave to appeal – clause 12 of schedule 4 of the
Civil and Administrative Tribunal Act 2013.
Legislation
Greenhouse and Energy Minimum Standards (Exemption)
Instrument (No. 1) 2019
02/05/2019 – This instrument
exempts the models specified in the Schedule to the instrument from
the testing requirements of section 6 of the Greenhouse and Energy
Minimum Standards (Air Conditioners and Heat Pumps) Determination
2013. Greenhouse
and Energy Minimum Standards (Exemption) Instrument (No. 1)
2019.
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.
