In the media
New laws needed for law breaking unions and
officials
Denita Wawn, CEO of Master Builders Australia has said the
Ensuring Integrity Bill is about making unions more accountable and
bringing them into line with the community's expectations (13
June 2019).
More...
MBA National Survey Results Show Need To Fast Track
Project Pipeline
The results of the latest Master Builders Australia's
(MBA) National Survey of Building &
Construction show that Australia's builders are feeling the
chill from the weaker conditions now facing the industry,"
commented MBA Chief Economist Shane Garrett (12 June 2019).
More...
Australia's economy slows to levels last seen during
the GFC
Australia's economy has slowed further, with GDP
growth tumbling under 2 per cent over the past year. The rapidly
cooling residential construction sector was a significant drag,
with dwelling investment falling 2.5 per cent over the quarter
having been at record levels in late 2018 (05 June 2019).
More...
What we know about the Mascot Towers
cracks
Hundreds of residents had to find alternative accommodation with
friends and family or pay for hotels and it is not known when they
will be able to return (15 June 2019).
More...
How construction will look in 2030: Better standards,
off-site construction, more wood
The Australian construction industry needs to radically
shake up its approach to construction to help save the environment,
experts say (05 June 2019).
More...
Residents of Sydney high-rise unsure when they can
return after 'cracks'
Engineers Australia said cracks appearing in a unit
complex in Sydney is further evidence that changes are needed in
the building and construction sector (15 June 2019).
More... (member access)
Tzannes and Lendlease reveals new engineered timber
building for UNSW
The University of New South Wales has lodged a new
development application for the construction of a new timber
building designed by Tzannes and Lendlease, using engineered mass
timber as a construction material (12 June 2019).
More...
Practice and courts
Member Communique Professional Indemnity Insurance
Update
AIBS has released a statement regarding the availability
of PI Insurance for building surveyors in Australia (11 June 2019).
More...
API: Risk rating to be assigned to flammable cladding
buildings
Inconsistent approaches to flammable cladding across the
country has prompted the Australian Property Institute to lead the
way with a valuation protocol which will assign a risk rating on
properties that appear to be clad, is known to be clad or is known
to have non compliant cladding (03 June 2019) .
More...
Successful 2019 National Housing Research Program
commences
Research will be undertaken by collaborative teams from
AHURI's eight national university research partners. The
successful projects include two Inquiries. (28 May 2019).
More...
ABCB Advice: ACT adoption of NCC 2019 deferred to 1 June
2019. Exclusions apply.
The ACT Government has advised that the adoption of NCC 2019 will
be deferred in the ACT to 1 June 2019. A delayed adoption to 1
September in the ACT applies to the following provisions outlined
here (May 2019).
More...
AIBS: Draft Standards Open for Comment
There are several Standards currently open for comment. Of
particular interest are: 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.
OFSC: Changes to Accredited Contractor reporting
requirements 2019
Key Dates: Scheme Project information, including End of
Project information will be reported on the new Scheme Biannual
Report from 1 July 2019 and the first Scheme Biannual
Report, for the January to June 2019 reporting period, is
due by 31 July 2019.
More...
New Building Standards
DR AS/NZS 2785:2019
Suspended ceilings - Design and installation
Standards Australia
DR AS/NZS 3000:2018 Amd 1:2019
Electrical installations (known as the Australian/New Zealand
Wiring Rules)
Standards Australia
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 from 08 April – 04 November 2019.
More...
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. There will be a number of other
changes that will involve further design and consultation from mid
to late 2018 outlined here.
Cases
Shehata v Department of Fair Trading;
Visual Building Constructions Pty Ltd v Department of
Fair Trading [2019] NSWCATAD
116
ADMINISTRATIVE Law – administrative review –
home building - fit and proper person -– weight of evidence
– adverse findings.
Goodwin v Rana [2019] NSWDC
247
BUILDING AND CONSTRUCTION – plaintiff and defendants
settle proceedings by deed – plaintiff commences proceedings
after defendants default in payment – defence asserts faulty
workmanship and foreshadows cross-claim – plaintiff seeks
summary judgment for a sum in excess of the amount in the deed
– accord and satisfaction – repudiation – whether
evidence sufficient for summary judgment – application for
summary judgment refused.
Hooper v Coolwater Constructions Pty Ltd
[2019] NSWDC 253
PRACTICE AND PROCEDURE – case and trial management
in circuit courts - plaintiffs bring application to rely on
late-served lay and expert evidence in proceedings set down for
trial in next country circuit sittings – parties previously
agreed only lay evidence in reply permitted – plaintiff seeks
to go behind the agreement noted by the court as the basis for the
hearing date allocation – no evidence of
"exceptional" circumstances warranting late service of
expert report – notice of motion dismissed with costs on an
indemnity basis.
South 32 Ltd v Allfab Constructions Pty
Ltd [2019] NSWCA
132
NEGLIGENCE – contribution between tortfeasors
– plaintiff suffered injury in workplace – plaintiff
brought proceedings against occupier and a contractor on site
– proceedings between plaintiff and occupier compromised
– occupier sought statutory contribution against contractor
– whether primary judge failed to deal with way in which
occupier had advanced its case – whether primary judge erred
in (notional) assessment of contribution – appeal
dismissed.
Samimi v Department of Fair Trading [2019]
NSWCATOD 86
ADMINISTRATIVE Law – administrative review –
home building - fit and proper person - whether conduct constitutes
failure to disclose – whether matters required disclosure
– meaning of fit and proper having regard to legislative
scheme – weight of evidence – unchallenged evidence of
conduct.
K & J Vision Pty Ltd v Jows Construction Pty
Ltd [2019] NSWCATAP
139
Appeal – delay – dismissal of claim for want
of prosecution –discretion under s 55 of the Civil and
Administrative Tribunal Act 2013 (NSW) – lack of
evidence as to required delay– appeal allowed.
Mansion Building Pty Ltd v Warren [2019]
NSWCATAP 141
APPEAL – leave to appeal – substantial
miscarriage of justice – decision under appeal not fair or
equitable.
Legislation
Building and Construction Industry Security of Payment
Amendment Regulation 2019
Public consultation draft
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.
