In the media
CEFC to fund $360 million Collector wind farm
Clean Energy Finance Corporation (CEFC)
has secured more than $180 million of debt funding for its new
Collector Wind Farm, that's set to deliver more than
two-gigawatts of energy across regional Australia (30 May 2019).
More...
Australian plumbing benefits from grant boost
Master Plumbers Australia and New Zealand is one of the 15
industry associations that will receive an Australian Federal
Government grant, providing its members with a trusted digital
advisory service (30 May 2019).
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Falling business investment, building approvals point to
deepening economic slowdown
Australia's first quarter economic growth looks like
being anemic after far weaker than expected private business
investment data is released (30 May 2019).
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HIA: Slowdown in home building spreads to rest of the
economy
"The slowdown in housing activity continued in April
with a 0.6 per cent fall in building approvals," stated
HIA's Chief Economist, Tim Reardon. The downturn in building
activity is now evident in other economic data including
today's data on capital expenditure. CAPEX fell 1.6 per cent in
the March 2019 quarter due to significant falls in expenditure on
new buildings (30 May 2019).
More...
RICS: The case for a global fire safety standard
Questions are now being raised about whether it's time
to establish a global set of fire safety standards for built
environment professionals and what a standardisation of this scale
would look like in practice (30 May 2019).
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Protecting buildings near seismic faults
Researchers at the Centre for Built Infrastructure
Research (CBIR) have found an innovative and
inexpensive solution to protect buildings against fault rupture (17
May 2019).
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Engineers test potential for night energy
production
While solar panels have been around for some time,
engineers are now experimenting with rooftop panels that could
create electricity at night, offering the potential to produce
renewable energy without the sun (17 May 2019).
More...
Statement regarding Sydney Morning Herald article on
Landcom complaints at Macquarie Park
SafeWork NSW would like to assure the community that
safety issues raised by Landcom in 2017 have no relationship at all
to the tragic events that occurred at the Macquarie Park
construction site recently. SafeWork's investigation into that
incident is going (26 May 2019).
More...
Greater Sydney Housing Supply Forecast: 191,550 new
homes by 2023
Construction of 191,550 new homes in Greater Sydney is
forecast in the next five years, a 22 per cent increase, or an
extra 34,300 new homes, with Parramatta anticipated to become home
to a vast majority of them (23 May 2019).
More...
Almost 200,000 new homes in Sydney by 2023 - but not
evenly spread
Forecasting shows about 192,000 homes are expected to be
built over the next five years. That figure is an increase from a
record 185,000 five-year forecast made three years ago (16 May
2019).
More...
Five year housing supply forecast released
Sydney's latest five-year housing supply forecast,
released today, anticipates a solid pipeline of construction to
support the NSW Government's record investment in transport,
infrastructure and public spaces (16 May 2019).
More...
Published
Australian Bureau of Statistics
30/05/2019
Building Approvals, Australia, Apr 2019 (cat no. 8731.0)
22/05/2019
Construction Work Done, Australia, Preliminary, Mar 2019 (cat
no. 8755.0)
Opinion: Cladding calamity
by Phil Dwyer May 30th, 2019
The devastation being inflicted on innocent persons in Australia
relating to the cladding issue is nothing short of a devastating
blow to apartment home owners and is the direct result of building
industry mismanagement by the Governments who financially benefit
from the very being of our industry and its importance to our
nations fiscal security. More...
Practice and courts
ABCB: Project outcome: Short-term accommodation and use
of Class 2 & 3 buildings
Outcomes of ABCB project on short-term accommodation and
the use of Class 2 & 3 buildings (23 May 2019).
More...
AIBS: Draft Standards open for comment
There are several Standards currently open for comment. Of
particular interest are:
AS 1735.12 - Facilities for persons with disabilities for
lifts. Closes 17th May
AS/NZS 4671 - Steel for the reinforcement of concrete.
Closes 31st May
AS 4420.1 - Windows, external glazed, timber and composite
doors. Closes 11th June 2019
This page can be accessed by
clicking here. Comments direct to Standards Australia is here
consultation page.
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. Deadlines are till 4 November 2019.
More...
NSW Fair Trading: Amendment to the Environmental
Planning and Assessment Regulation 2000 - bush fire prone
land
The amendment will allow a person to obtain a complying
development certificate or a construction certificate for building
work that complies with AS 3959-2009 and any other requirements
under the EP&A Regulation. The
RFS website has more information. The
Planning and Environment website has more details on the
Building Code of Australia (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 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.
Cases
Cubic Metre Pty Ltd v C & E Critharis Constructions Pty
Ltd [2019] NSWCATAP 130
Appeal allowed. APPEAL – costs - exercise of
discretion to award costs under r 38(2) of the Civil and
Administrative Tribunal Rules 2014 where proceedings are withdrawn
– applicable principles.
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014; Home Building Act
2014.
Hanson v Metricon Homes Pty Ltd [2019]
NSWCATAP 133
1. Leave to appeal refused. APPEAL – home
building – claim by builder for payment under contract
– cross claim by owners for defects and delay
–withdrawal of owners' claim - whether denial of
procedural fairness in not adjourning – whether failure to
have regard to evidence. Civil and Administrative Tribunal Act
2013; Civil and Administrative Tribunal Rules 2014; Home
Building Act 1989.
The Owners – Strata Plan 89041 v Galyan Pty Ltd
[2019] NSWSC 619
Defendants to pay plaintiff's costs.
COSTS – party/party – general rule that costs follow
the event – building dispute – allegedly defective
building work – whole dispute referred to referee –
referee's report adopted – agreement that defendants pay
plaintiff's costs unless defendants can show it was
unreasonable for plaintiff not to allow defendants to effect
repairs.
BUILDING AND CONSTRUCTION – costs – whether it was
unreasonable for plaintiff not to allow defendant back in to effect
repairs. Home Building Act 1989 (NSW).
The Owners – Strata Plan No 91322 v Trustees of the Roman
Catholic Church for the Archdiocese of Sydney
[2019] NSWCA 89
Grant leave to appeal, if required; dismiss the
appeal; the appellant to pay the respondents' costs.
LAND LAW – strata title – leasehold strata scheme
– enforcement of statutory warranties – whether holder
of a 99-year lease a "successor in title" under the
Home Building Act 1989. District Court Act 1973
(NSW), s 127; Home Building Act 1989 (NSW), ss 3A 18B,
18C, 18D, 99(1)(b).
Sought After Investments Pty Ltd v Unicus Homes Pty
Ltd [2019] NSWSC
600
BUILDING AND CONSTRUCTION – payment claims under the
Building and Construction Industry Security of Payment Act
1999 (NSW) – adjudication determination – whether
multiple payment claims served in respect of one reference date
– whether multiple supporting statements issued in respect of
one payment claim – whether more than one supporting
statement could be provided in respect of a single payment
claim.
The Owners-Strata Plan 91349 v Hallmark Construction Pty
Ltd [2019] NSWSC 591
CIVIL PROCEDURE – Pleadings – Striking Out
– whether form and content of pleadings defective –
embarrassing pleadings – insufficient or inadequate
particulars – whether reasonable cause of action
disclosed.
Australian Consumer Law; Environmental Planning & Assessment
Regulation 2000 (NSW); Home Building Act 1989 (NSW);
Practice Note SC Eq 3 – Commercial List and Technology and
Construction List.
Hanna v Kersten; Kersten v Hanna
[2019] NSWCATCD 26
Home Building - licence in one partner - identity of
builder - misleading conduct - recovery of GST - jurisdiction -
implied terms - statutory warranties - principles governing work
order or money order - proportionality - quantum meruit - just and
equitable where no insurance.
QBE Insurance (Australia) Ltd v Gjakovski
[2019] NSWDC 200
PROCEDURE – application to file an amended
defence – significant delay – inadequate explanation
for delay.
Legislation
NSW
Environmental Planning Instruments
State Environmental Planning Policy (Infrastructure) Amendment (Water and Emergency Services Facilities) 2019 (2019-224) — published LW 31 May 2019
State Environmental Planning Policy (State and Regional Development) Amendment (Inland Rail—Narrabri to North Star Project) 2019 (2019-225) — published LW 31 May 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.
