In the media
MBA: 2019 a challenging year for residential building
says latest forecast
New home building across Australia is facing into its
toughest year in almost a decade with declining house prices and
the fallout from the Royal Commission really starting to bite (24
January 2019). More...
RICS: Update to members on Opal Tower
Following reports of major cracks appearing in
Sydney's newly built Opal Tower, there has been a steady stream
of public commentary around potential root causes and mitigations.
Reporting has spread throughout the world and the Australian
building and construction industry is now the subject of discussion
with respect to standards, regulation and compliance (21 January
2019). More...
MBA: First Home Buyers loans up but investors
decline
Housing finance figures for November contained good news
for the First Home Buyer (FHB) segment of the
market, with their share of owner occupier home loans rising to
18.3 per cent which was the highest monthly result since October
2012 (21 January 2019). More...
MBA: Building activity still at relatively high
levels
Despite the challenges faced over the course of 2018, ABS
figures for the September 2018 quarter indicate that building
activity was still at a relatively high level. Interestingly, the
latest figures show that the immediate pipeline of work in
residential building was very large (16 January 2019). More...
'Safety lower than required': What the Opal
Tower report actually says
The Opal Tower interim report, written by some of the
state's most senior independent engineers after a more than two
weeks of investigation, went some way in giving residents answers
as to what went wrong (16 January 2019). More...
New South Wales
AIBS: NSW Government exploits plight of Opal Tower
residents for political purposes
Minister Kean's attacks on building surveyors, or
certifiers as they are known in NSW, will do nothing whatsoever to
help affected residents who have been forced from their homes, nor
facilitate a faster result of the investigation now underway into
the cause of cracks in a pre-cast concrete panel in the building
(21 January 2019). More...
Opal Tower: Design and construction issues
uncovered
The NSW Government has released the preliminary findings
of an interim report produced by independent engineers
investigating structural issues in Opal Tower. While the engineers
have declared the building "structurally sound and not in
danger of collapse", they identified a number of issues that
will require "significant rectification works" (15
January 2019). More...
In practice and courts
AIBS: What to expect in NCC 2019
The ABCB recently published the January edition of Connect
which provides details of what to expect in NCC 2019. An article
written by AIBS National Technical Manager Jeremy Turner explaining
the crucial role of the building surveyor and how this profession
is keeping up-to-date with this ever changing industry is also
included (14 January 2019). More...
New South Wales
Combustible Cladding Registration due 22 February
2019
Under the new Regulations, owners of certain buildings
with external combustible cladding are required to register their
building with the NSW Government through the Cladding Registration
portal. The deadline for registration is 22 February 2019.
Owners of new buildings will be required to register their building
within four months of the building first being occupied. More...
New dates forEnvironmental 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. While
most of the changes will commence on 1 March 2018, there will be a
number of other changes that will involve further design and
consultation.
Cases
Harrison v Riley
[2019] NSWCATAP 31
(1) Leave to appeal is refused.
(2) The Appeal is dismissed.
APPEAL – Parties to contract – whether error in
conclusion that work not undertaken with due care and skill –
evidence.
Defective building work.
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014; Corporations Act 2001
(Cth).
Dassouki v Department of Fair
Trading [2019] NSWCATOD
14
(1) The decision under review is varied by shortening the
period of disqualification from 12 months to 6 months.
(2) This decision will take effect after the expiration of 28 days
from the date of the decision.
LICENSING – Disciplinary action against holder of contractor
licence – improper conduct – fit and proper person
– officer of company found to have contravened legislation
– appropriate disciplinary action.
Administrative Decisions Review Act 1997 (NSW); Crimes
Act 1900 (NSW); Home Building Act 1989 (NSW).
Legislation
New South Wales
Proclamations commencing Acts
Protection of the Environment Operations
Amendment (Asbestos Waste) Act 2018 No 80 (2019-18)
— published LW 25 January 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.