In the media
RICS: Ensuring construction site safety and project
continuity during COVID-19
Construction projects across the world have been
significantly affected by COVID-19. As management of the pandemic
continues to evolve, many project leaders are no longer focused on
potentially closing sites, but rather the measures required to
allow sites to remain open and continue work (01May 2020).
More...
Australian engineers develop solar panel windows
Engineers in Australia have developed a solar cell that
can be incorporated into window glass, representing a game-changer
for multi-storey building design and electricity generation (30
April 2020).
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Build 30,000 Social Housing Dwellings to Boost Jobs:
Acoss
The construction of 30,000 social housing dwellings to
reduce homelessness and generate jobs has been put forward as one
of the strategies towards economic recovery post Covid-19 (30 April
2020).
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Energy efficiency transition period ends today
Last year the ABCB agreed to significant changes to the
energy efficiency requirements in the National Construction Code
(NCC), including a 12-month transition period during which either
these or the 2016 provisions could be applied.. Noting that
individual states and territories may apply the provisions
differently from 1 May 2020, practitioners will be required to use
only the NCC 2019 provisions.(30 April 2020).
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Building industry job losses show further government
stimulus needed
The 5.3 per cent fall in the number of building and
construction industry jobs in the last six weeks revealed in data
released by the Australian Bureau of Statistics is 'alarming
and reinforces the need for immediate government stimulus
measures' says CEO of Master Builders Australia (MBA) (29 April
2020).
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If more of us work from home after coronavirus we'll
need to rethink city planning
If people are likely to work from home more often after
the pandemic, what will this mean for infrastructure planning? Will
cities still need all the multibillion-dollar road, public
transport, telecommunications and energy projects, including some
already in the pipeline (28 April 2020).
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Reduced red tape for environmental approvals a plus for
housing and construction
UDIA National President Simon Basheer said the
Government's commitment to clearing the backlog of projects
under assessment via the Act would benefit from strict guidelines.
Applying 'deemed consent' provisions to future project
applications to maintain discipline on project assessment
timeframes (24 April 2020).
More...
Construction sector key to future job and economic
growth
The Federal Liberal and Nationals Government are
continuing to work closely with the construction sector during this
unprecedented pandemic to ensure longevity and job creation
throughout and on the other side of COVID-19.
More...
Better building performance critical to productivity and
jobs
Better performing buildings deliver a myriad of benefits
such as lowered energy bills for household and business consumers,
reduced stress on the electricity network and supports a least cost
pathway to decarbonisation (23 April 2020).
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NSW
Poly Kicks Off Construction at $500m Poly Centre
Poly, along with construction group Watpac, recently
completed demolition works on site. Watpac NSW state manager John
Koerner said the project team was well-positioned to progress to
the next stage of construction and despite the challenging economic
environment onset by the coronavirus (29 April 2020).
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Speeding up the planning system a blueprint for future
success - NSW
Today's announcement by the NSW Government that
criteria has been established to assess major building projects in
NSW and facilitate a fast tracked approach is a significant move
for the building industry (29 April 2020).
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Planning changes to support growth in renewable energy
projects
Amendments to the State Environmental Planning Policy
(Infrastructure) 2007 will allow larger-scale solar systems to be
installed on homes and commercial buildings without council
approval, enable utility providers to construct electricity storage
as part of improvement works to transmission and distribution
networks (24 April 2020).
More...
ePlanning mandate a big win for homeowners
Homeowners in metropolitan Sydney, Newcastle, the Central
Coast and Illawarra will be able to lodge DAs online in the comfort
of their homes, and see a reduction in assessment times, with the
NSW Government mandating ePlanning across 42 councils from 1 July
2020 (17 April 2020).
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Published - articles, papers, reports
Regulation of building standards, building quality and
building disputes
Regulation of building standards, building quality and building
disputes
Practice and courts
ABCB: Fire Safety Verification Method adopted from
today!
From today, 1 May 2020, the Verification Method can be
used to meet the relevant Performance Requirements of NCC 2019 (01
April 2020).
More...
ABCB: Energy efficiency transition period ends
today!
NCC 2019 energy efficiency requirements are no longer
voluntary.
More...
New Australian Standards
AS/NZS 3010:2017/Amdt 1:2020
Electrical installations - Generating sets Standards Australia
AS/NZS 5601.1:2013/Amdt 3:2020
Gas installations - General installations Standards Australia
AS/NZS 60079.18:2016/Amdt 1:2020
Explosive atmospheres - Equipment protection by encapsulation
'm' Standards Australia
AS/NZS 61386.21:2015/Amdt 1:2020
Conduit systems for cable management - Particular requirements -
Rigid conduit systems
Standards Australia
NSW
NSW Planning Department: Have your say - Draft plans and policies
Proposed amendments to the EP&A Regulation
Notification start-end date 15/04/2020 -
12/06/2020
The Department is proposing amendments to the EP&A Regulation
to improve transparency in the infrastructure contributions system
through better reporting of contributions received and expended for
individual contributions plans and planning agreements.
Building Information Modelling (BIM) for WHS
management
What is the best practice and implications of using BIM in
WHS management?
Timeline of project; Project completion: Mid 2021.
More...
Cases
Javam v Islam [2020] NSWCATAP
72
COSTS – party/party – general rule that
costs follow the event – success – exceptions to
general rule that costs follow the event – discretion –
appeal from a discretionary decision
Australian Consumer Law
Civil and Administrative Tribunal Act 2013 (NSW), s 60
Civil and Administrative Tribunal Rules 2014 (NSW), r 38
The parties (together with the Owner's wife) entered into a
building contract (the "Contract") dated 3 October 2014
whereby the Builder agreed to build a residence for the Owner
Barrett v Commissioner for Fair Trading
[2020] NSWCATOD 45
ADMINISTRATIVE LAW- refusal to renew contractor
licence under Home Building Act 1989 (NSW) – whether
applicant is fit and proper person to hold contractor licence
Liang v Wincrest Group Pty Ltd
(No 2) [2020] NSWCATAP 68
(2) The appellants are to pay the respondent's
costs of the appeal as agreed or assessed.
COSTS - appeal dismissed – costs of appeal
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014; Home Building Act 1989
D'Amico v The Owners-Strata Plan No 87635
[2020] NSWCATAP 65
APPEAL – Building and Construction – Home
Building Act 1989 (NSW) – Building dispute – appellant
ordered to pay compensation for defective building work –
appellant denied that he was the builder – Home Owners
Warranty insurance issued in the name of the appellant –
appeal dismissed – no issue of principle
Scuderi v
Corfu Pools Pty Ltd [2020] NSWCATAP 62
APPEALS-home building -swimming pool paving-work done
by both homeowners and builder – cause of defects unclear
– alleged errors of fact – decision claimed to be
against the weight of the evidence - new evidence – leave to
appeal refused
Robust
Builders Pty Ltd v Bhardwaj (No 2) [2020]
NSWCATAP 61
COSTS- Costs of appeal from Consumer and Commercial
Division- costs order- refusal to order costs on indemnity
basis.
Legislation
Commonwealth
Industry
Research and Development (Access to Bushfire Construction Standards
Program) Instrument 2020
24/04/2020 - This instrument prescribes the Access to
Bushfire Construction Standards Program.
Regulations and other miscellaneous instruments
Home
Building Amendment (Miscellaneous) Regulation 2020 (2020-179)
— published LW 1 May 2020
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.
