In the media
MBA: Boost for Residential and Commercial construction
in latest approvals data
Total dwelling approvals increased by 0.2 per cent, seasonally
adjusted, in September 2017, adding an eighth consecutive month of
positive growth in residential approvals. The data supports Master
Builders Australia's expectation of a moderate easing in
residential construction activity leading into 2018 and our
forecast that the trough will be relatively short lived (02
November 2017).
More...
Four in ten construction invoices paid
late
Four in 10 invoices throughout the building and construction sector
in Australia are paid late, a new survey suggests. In its latest
analysis of late payments in Australia, debt ratings agency Dun
& Bradstreet said that throughout the second quarter of this
year, only around 60 per cent of invoices with the building and
construction sector were paid either on or before the due date (01
November 2017).
More...
1980s house upgrades to drive a decade of home
renovations boom
Australia's home renovations sector is expected to expand by
almost three billion dollars over the next three years and provide
significant opportunity over the next decade as homes built during
the boom times of the 1980s are updated and refurbished, a leading
industry group says (30 October 2017).
More...
Five year national productivity review
released
The report, Shifting the Dial: 5 year productivity review, proposes
reforms to improve the functioning of cities, such as better
transport infrastructure and improved access to housing which would
also improve labour mobility within cities. The review states that
despite changes over the last five years, there have been
continuing instances of poor, very costly, decisions, including the
current WestConnex (Sydney) and West Gate Tunnel (Melbourne)
projects (27 October 2017).
More...
Sydney's developers and builders on notice to get
their site right
Almost two thirds of Sydney local government areas will be targeted
in the next 'Get the Site Right' erosion and sediment
control campaign, which began on 1 November (26 October 2017).
More...
$113m funding boost for infrastructure to fast track
housing supply
A boost of $113 million funding boost to accelerate the delivery of
vital infrastructure to support new homes in NSW was announced
today by Minister for Planning and Housing Anthony Roberts (24
October 2017).
More...
Grattan Institute: If we want cheaper housing we have to
build more of it: submission to the NSW housing supply
inquiry
NSW housing has become increasingly expensive, especially in
Sydney. In this submission, Grattan CEO John Daley, Fellow Brendan
Coates and Associate Trent Wiltshire argue that the first step to
making NSW housing more affordable is to face up to the size of the
problem (26 October 2017).
More...
Published
Australian Bureau of Statistics
02/11/2017:
Building Approvals, Australia, Sep 2017 (cat no. 8731.0)
ACI Construction Briefs
23 October 2017:
ACI Construction Brief: Another Energy Policy
Our Greater Sydney 2056: draft Greater Sydney region
plan
Greater Sydney Commission: 20 October 2017
This draft plan is built on a vision where the people of Greater
Sydney live within thirty minutes of their jobs, education and
health facilities, services and great places. More...
Practice and courts
Registration is now open for the 2018 NCC Information
Seminars
In February and March 2018, a representative from the ABCB will be
coming to a capital city near you. Don't miss out on your
opportunity to hear about the following BCA initiatives: NCC 2016
Volume One amendment addressing fire safety; NCC 2019 public
comment draft; The improved CodeMark scheme; and The practical
development and assessment of Performance Solutions (23 October
2017). More...
NSW BPB: 'Get the Site Right' campaign this
month to reduce building site erosion
'Get the Site Right' is an ongoing compliance campaign
targeting erosion and sediment control on building sites (02
November 2017).
More...
NSW BPB: Read our September/October 2017
e-news
A regular digest of work by the Board, legislative updates, events,
training and consultation opportunities (25 October 2017).
More...
NSW BPB: Strata building bond scheme now commences 1
January 2018
The new strata building bond and inspection scheme will now
commence on 1 January 2018.
More...
Cases
Bradshaw v Complete Coating Commercial Pty Ltd t/as CCC
Civil
[2017] NSWCATAP 209
APPEAL - unenforceable residential building contract - s7 Home
Building Act 1985 (NSW) - breach of contract - quantification
of quantum meruit claim by builder - damages awarded less amount
owed to builder - New evidence.
CONTRACTS – illegality – contracts contrary to public policy – whether contract was one to commit an unlawful act, namely to delay the payment of stamp duty – consideration of the circumstances in which a court may enforce a contract even if its formation or performance is associated with illegal purposes – Fitzgerald v FJ Leonhardt Pty Ltd (1997) 189 CLR 215 – Nelson v Nelson (1995) 184 CLR 538. EQUITY – equitable remedies – specific performance – whether respondent should be denied an order for specific performance of a contract for sale on the ground of illegality of the contract. EQUITY – defences – unclean hands – whether conduct disentitling respondent to relief – Dewhirst v Edwards [1983] 1 NSWLR 34 – respondent's supposed impropriety was incidental or collateral to the contract – respondent's impugned conduct had ceased – primary judge was correct in rejecting the defence.
Jankovic v Chandershekar
[2017] NSWCATAP 193
APPEAL – Costs – Adjournment of hearing – Order
for costs thrown away – Whether leave to appeal.
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.
