In the media
National Construction Code 2019 adopted by all States
and Territories
1 May 2019, was the adoption date for the 2019 edition of
the NCC by all States and Territories. The adoption date signifies
that, NCC 2019 is given legal effect by relevant legislation in
each State and Territory (01 May 2019).
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Investigation reveals nine multi-storey Darwin buildings
are non-compliant
An investigation into a private Darwin engineer that has
been running since 2017 reveals that nine multi-storey residential
buildings in the Top End city have a non-compliant components that
can cause structural problems (29 April 2019).
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New South Wales
WestConnex Transaction named Australia's best
infrastructure project
The WestConnex Transaction in New South Wales has been
named Australia's best infrastructure project at the National
Infrastructure Awards (02 May 2019).
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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).
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Queensland
Economic boost for regional Queensland with $1b
Winchester South project declared
A $1 billion metallurgical coal mining project in central
Queensland's Bowen Basin is a step closer to being realised
after being declared a coordinated project by Queensland's
independent Coordinator-General (03 May 2019).
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Queen's Wharf Brisbane main works preferred
contractor announced
Destination Brisbane Consortium has awarded preferred
contractor status to Multiplex for the major construction works at
the transformational Queen's Wharf Brisbane Integrated Resort
Development (30 April 2019).
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Victoria
La Trobe's $100m mass timber construction project
takes off
Construction has begun on a new student accommodation
project for La Trobe University at its Melbourne campus in
Bundoora. The structures will be built utilising the mass timber
construction method, making this the largest project of its kind in
Victoria (03 May 2019).
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Record year for building work in Victoria as permits
nudge $40 billion
Applications for building permits in Victoria continued at
record levels in 2018, with the cost of works in permits reported
to the Victorian Building Authority reaching almost $40 billion for
the first time (24 April 2019).
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Practice and courts
HIA: 1 May 2019 - National Construction Code 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 here.
More...
Queensland
QBCC: What to expect from the National Construction Code
(NCC) 2019
The NCC 2019 was adopted by all states and territories on
1 May 2019. Coinciding with this updated edition of the NCC is the
QBCC's new
Standards and Tolerances Guide 2019. Some of the key changes
are described
here.
Cases
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)
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.
Shao v AG Advanced Construction Pty Ltd
[2019] VSCA 93
BUILDING AND CONSTRUCTION – Major domestic building
contract – Termination by owner under Domestic Building
Contracts Act 1995 s 41 – Builder entitled to reasonable
price – Defects – Whether termination under s 41
extinguishes damages claim for defective work – Shevill v
Builders Licensing Board [1982] HCA 47; (1982) 149 CLR 620;
McDonald v Dennys Lascelles Ltd [1933] HCA 25; (1933) 48 CLR 457,
applied – Whether costs of rectifying defects to be
calculated in builder's reasonable price under s 41(5) –
Builder paid more than reasonable price – Whether owner
entitled to refund – Domestic Building Contracts Act
1995 s 53(2)(b) and (f).
ADMINISTRATIVE LAW – Appeals – Victorian Civil and
Administrative Tribunal Act 1998, s 148 – Appeal allowed
– Whether to exercise power of Tribunal to order refund
– Whether to remit proceeding to Tribunal – Victorian
Civil and Administrative Tribunal Act 1998 s 148(7)(b) and (c).
Legislation
Queensland
Subordinate legislation as made – 03 May
2019
No 65
Standard Plumbing and Drainage (Plumbing Code of Australia
Compliance) Amendment Regulation 2019
Government Owned Corporations (Generator Restructure-CleanCo)
Regulation 2019 (Qld) - 26 April 2019
The purpose of this Regulation is to effect the progressive
transfer of the assets, liabilities, instruments and employees
relating to the Foundation Portfolio from Stanwell and CS Energy to
CleanCo.
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.
