In the media
Director of builder that went bust fails to provide
records because of 'mental conditions'
Subcontractors like Beau Hartshorn say they've lost hundreds of
thousands of dollars in the collapse of building giant Walton
Construction. Now, a confidential liquidator's report obtained
by the ABC claims the company's director knowingly traded while
insolvent — but the director denies any breach of duties (17
November 2017).
More...
Government bans use of dangerous cladding
Fire safety in high-rise buildings will be enhanced by new powers
to crack down on the dangerous use of building products, Minister
for Better Regulation Matt Kean announced today. Breaches of the
new bans will render offenders liable to fines of more than $1
million for companies, and more than $200,000 for individuals (16
November 2017).
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HIA: Changes to Planning Rules will cause more pain for
new Homebuyers
The package of amendments made today to the NSW Planning Act will
add more cost and further delays to new home buyers says the
Housing Industry Association (14 November 2017).
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Man fined over illegal construction
A Sydney man who conned householders into believing he was licensed
to build granny flats and carry out domestic renovations has been
ordered to pay more than $110,000 in fines, costs and consumer
compensation. Minister for Better Regulation Matt Kean said Samer
Hraiki, 41, of Ashbury, was sentenced in Parramatta Local Court on
13 November after being convicted of 15 offences under the Home
Building Act 1989 and the Australian Consumer Law (15
November 2017).
More...
Construction company fined over worker's spinal
injuries
A Sydney construction company has been fined $300,000 for failing
to properly manage a faulty gate which fell on a worker, fracturing
her lower spine and pelvis, Minister for Better Regulation Matt
Kean said. It is the third time SafeWork NSW has prosecuted Ceerose
Pty Ltd for failures in workplace safety, including one incident
which resulted in a worker's death in 2013 (14 November 2017).
More...
Lendlease reveals plans for second engineered timber
building at Barangaroo
Lendlease is seeking planning approval for another engineered
timber office building at Barangaroo South – a seven-storey
"sister building" to the already completed International
House Sydney (13 November 2017).
More...
Practice and courts
Australian Cladding and Building Standards Summit
2017
The Australian Cladding & Building Standards Summit, 7-8 Dec
2017, Melbourne, will address issues of safety standards and
non-conforming building products.
More...
NSW BPB: EP&A Act amendments passed
Parliament
The Environmental Planning and Assessment
(EP&A) Amendment Bill passed Parliament
on 15 November. Part 6, which consolidates and revises provisions
related to building and subdivision certification, is proposed to
be administered by the Minister for Innovation and Better
Regulation (17 November 2017).
More...
NSW BPB: EP&A Regulation under review –
comments invited by 24 November
The Department of Planning and Environment is reviewing the
Environmental Planning and Assessment Regulation 2000
(EP&A Regulation).
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: 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
Elias v Alloha Formwork & Construction Pty Ltd [2017] NSWSC
1546
1. Judgment in favour of the plaintiffs against the first
defendant in the sum of $804,703.55.
2. Judgment in favour of the plaintiffs against the second
defendant in the sum of $477,013.45.
3. Judgment in favour of the plaintiffs against the third
defendant in the sum of $467,950.00.
BUILDING AND CONSTRUCTION – Home Building Act 1989
– Statutory warranties – Breach – Calculation of
damages for cost of rectification of defects – Calculation of
delay costs.
CONSUMER LAW – Australian Consumer Law s 18 –
Misleading or deceptive conduct – Whether defendants made
representations – Whether representations were misleading or
deceptive – Whether plaintiffs relied on
representations.
CONTRACTS – Breach of contract – Consequences of
breach – Right to damages – Whether plaintiff entitled
to costs of rectifying defects in building or cost of demolition
and rebuild.
CONTRACTS – Building and construction – Formation
– Whether first defendant entered into contract with
plaintiffs – Whether contract varied by agreement.
CONTRACTS – Remedies – Damages – Remoteness of
damage – Whether plaintiff's impecuniosity must be taken
into account in determining what loss is reasonably
foreseeable.
CONTRACTS – Termination of contract – Repudiation
– Whether first defendant repudiated contract – Whether
plaintiffs accepted repudiation. NEGLIGENCE – Duty of care
– Breach – Whether third defendant breached duty of
care in issuing construction certificates – Whether
plaintiffs suffered loss as consequence of defendants'
breach.
Australian Consumer Law s 18; Environmental Planning
and Assessment Act 1979 (NSW); Environmental Planning and
Assessment Regulation 2000 (NSW); Home Building Act
1989 (NSW).
Legislation
NSW
Bills introduced Government – 20 November
2017
Building Products (Safety) Bill 2017
Building Products (Safety) Bill 2017 – Explanatory
Note
Building Products (Safety) Bill 2017 – Second Reading
Speech
Non-Government
Snowy Hydro Corporatisation Amendment (Restriction on Sale)
Bill 2017
Bills passed by both Houses of Parliament
Electricity Supply Amendment (Emergency Management) Bill
2017
Environmental Planning and Assessment Amendment Bill
2017
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