In the media
New Home Sales Continued to Contract in May
New home sales have fallen in each of the three months
since the introduction of COVID-19 restrictions. This will flow
through to a reduction in the volume of work on the ground in the
second half of this year," stated HIA's Chief Economist
(12 June 2020).
More...
Guide offers construction industry a bridge to
recovery
The Australian Construction Industry Forum's
(ACIF) recently released Construction's Bridge
to Recovery has a number of key recommendations to guide the
construction industry out of the COVID-19 disruption period. The
ACIF report Construction's Bridge to Recovery can be found on
our website (08
June 2020).
More...
Australia's 12 Hottest Construction Technologies
Unveiled
Prefabrication, BIM/CAD, digital project management tools
and integrated construction management tools have emerged as the
leading forms of technology which builders say will be most
influential in the construction sector over the next three years, a
new report has found (09 June 2020). More...
ACA announces the appointment of Jon Davies as CEO
The Board of ACA has announced the appointment of Jon
Davies as its first Chief Executive Officer (05 June 2020).
More...
NBN satellites surpass 100,000 connections
The Australian Government welcomes the latest National
Broadband Network (NBN) milestone with more than
100,000 Australian homes and businesses now receiving fast
broadband over the Sky Muster satellite service (04 June 2020).
More...
Engineers Australia welcomes historic new laws to
regulate engineering
New laws to reform the NSW building sector and to
introduce a registration scheme for professional engineers have
passed NSW Parliament. This is welcomed by Engineers Australia.
Following strong advocacy from Engineers Australia, it will become
compulsory for professional engineers to become registered to
practice. This will apply to the building sector as well as other
sectors (03 June 2020).
More...
Architects encouraged to register their interest in Pier
Pavilion design competition
The NSW Government is inviting registered architects from
around Australia to enter their ideas for a new Pier Pavilion at
Watermans Cove in Barangaroo South (10 June 2020).
More...
HomeBuilder package driving jobs in NSW
The Australian Government's new HomeBuilder grant will
provide eligible owner-occupiers with a $25,000 grant to help build
new homes or make substantial renovations to existing homes (05
June 2020).
More...
New powers to prevent defective buildings entering the
market
The NSW Building Commissioner will now have boosted powers
to stop defective buildings being sold to consumers, thanks to the
passing of the Residential Apartment Buildings Bill 2020.
The Building Commissioner is now equipped with the power to prevent
occupation certificates or strata plan registrations before
defective buildings can enter the market (03 June 2020).
More...
Asbestos warning for NSW home renovators
The NSW Government's new awareness campaign is
reminding renovators about the importance of asbestos removal,
particularly for homes and sheds built before 1990. Many of the
products are still being used in homes and workplaces, particularly
buildings constructed before 1990 (03 June 2020).
More...
NSW Government delivers historic building reforms to
restore industry confidence
The NSW Government has passed the Design and Building
Practitioners Bill 2019, putting consumers first by giving
those entering the property market peace of mind that their home
will be expertly designed and built in compliance with the
Australian Building Codes (03 June 2020).
More...
Published - articles, papers, reports
Construction's Bridge to Recovery
Australian Construction Industry Forum
(ACIF): 03 June 2020
A number of key recommendations to guide the construction industry
out of the coronavirus disruption period. More...
Australian Bureau of Statistics
03/06/2020
Building Approvals, Australia, Apr 2020 (cat no. 8731.0)
ABCC Industry Update - June 2020 Edition
10 June 2020 - The June edition of Industry Update
features the latest information from the ABCC, Commonwealth, state
and territory initiatives for the construction industry during and
post the COVID-19 pandemic, court outcomes and more.
More...
AIBS Member Communique
An AIBS communique has been prepared to provide an update
on some areas that we would like to bring to the attention of our
members (11 June 2020). More...
Practice and courts
ABCB WaterMark videos published
Recently published two new videos to help increase
education and awareness about the Scheme (10 June 2020).
More...
GBCA Reminder: Transitioning to Green Star –
Design & As Built v1.3, Green Star – Interiors v1.3 and
Green Star – Railway Stations v1.1
As the new section J provisions are now mandatory in most
of the country, GBCA will be closing down registrations under Green
Star – Design & As Built v1.2, Green Star –
Interiors 1.2, and Green Star – Railway Stations v1 at the
end of September 2020.
More...
NABERS Reminder: Auditors, Supervisors, and Trainers
Panel Announced
Congratulations to the new Panel Selection for NABERS
Auditors, Supervisors, and Trainers, for October 2019-October 2022.
More...
Gasfitters: Have your say on proposed changes to Parts 1
and 2 of AS/NZS 5601
Standards Australia invites gasfitters to comment on
proposed changes to the standards for gas and LP gas installations.
The changes affect: AS/NZS 5601.1: 2013 – Gas installations,
Part 1: General installations. Feedback on the proposed changes is
due by 16 June 2020.
More...
2020 National Housing Research Program commences
Research is underway for the suite of projects funded by
AHURI as part of the 2020 National Housing Research Program
(NHRP). The research will be undertaken by
collaborative teams from AHURI's eight national university
research partners.
More...
MBA: Registration is open for the 2020 NCC
Seminars
Registrations for the 2020 NCC Seminars are now open. A
webcast of the seminar will be available from May 2020.
More...
NSW Revenue: HomeBuilder program
HomeBuilder will provide eligible owner-occupiers
(including first home buyers) with a grant of $25,000 to build a
new home or substantially renovate an existing home where the
contract is signed between 4 June 2020 and 31 December 2020.
Construction must commence within three months of the contract date
(04 June 2020).
More...
Cases
The Owners – Strata Plan No 87231 v 3A Composites
GmbH (No 3) [2020] FCA 748
CONSUMER LAW – representative proceedings
pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth)
– where applicant alleges products were not fit for purpose
or not of merchantable or acceptable quality – where
applicant claims loss or damage suffered arising out of defective
building work – claims for statutory compensation and damages
under the Trade Practices Act 1974 (Cth), the Competition and
Consumer Act 2010 (Cth) and the Australian Consumer Law
PRACTICE AND PROCEDURE – representative proceedings under
Part IVA of the Federal Court of Australia Act 1976 (Cth)
(FCA Act) – where order sought requires
group members to register and provide certain information –
whether Court has power to make such an order under s 33ZF of the
FCA Act – whether order is appropriate to ensure that justice
is done in the proceeding
PRACTICE AND PROCEDURE – representative proceedings under
Part IVA of the FCA Act – where order sought was that only
group members who registered and provided certain information would
be eligible to receive any distribution from a settlement or
judgment in the proceeding – whether Court has power to make
such an order under s 33ZF of the FCA Act – whether order is
appropriate to ensure that justice is done in the proceeding
– the significance of prejudice concerning limitation periods
on third party contribution claims
PRACTICE AND PROCEDURE – claim for contribution – where
State and Territory statutes provided a right of action between
tortfeasors or wrongdoers – whether group members suffered
damage as a result of a tort and whether the respondents are
tortfeasors under the relevant legislation
PRACTICE AND PROCEDURE – limitation provisions –
whether claims for contribution affected by limitation periods in
various State and Territory legislation – whether claim for
contribution is an action for loss or damage – whether
"long stop" limitation provisions relating to defective
building work applied to potential claims for contribution
Civil Procedure Act 2005 (NSW) ss 173, 177, 179(b), 183;
Competition and Consumer Act 2010 (Cth) Sch 2 Australian Consumer
Law ss 18, 29, 33, 54, 271, 236, 271, 327
Building Act 1993 (NT) ss 159, 160(1); Building Act 1993 (Vic) ss
129, 134; Building Act 2004 (ACT) ss 140, 142
Building Act 2016 (Tas) s 327' Home Building Act 1989 (NSW)
Jamie Beyer t/as Leisure Pools &
Spas Newcastle v Palazzi [2020] NSWCATAP
109
APPEAL – Procedural fairness – Appellant
claimed had not received critical expert report prior to hearing
– no evidence filed on appeal to support assertion –
facts said to constitute denial of procedural fairness not
established
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW)
– Major defect – a small crack in a swimming pool shell
not extending below the water-line did not amount to
"destruction" of the swimming pool – evidence that
the pool shell was not adequately supported and that cracking of
the shell had occurred was sufficient to establish that the pool
was likely to become unusable
Kode v Tassone [2020] NSWCATAP
108
APPEAL - Civil and Administrative Tribunal –
interlocutory decision – practice and procedure – late
filing of evidence – explanation for delay – prejudice
to respondent – leave refused
Amoiunt payable for building related works on residential
development
Hosking v Extend N Build Pty Ltd
(No 2) [2020] NSWCA 107
JUDGMENTS AND ORDERS – Court of Appeal –
practice and procedure – constitution of court – where
parties failed to provide short minutes of order to give effect to
appeal judgment – where one member of original Court of
Appeal bench no longer a member of the Court – whether
appropriate to reconstitute new bench – appropriate form of
order in relation to unfair preference – Corporations Act
2001 (Cth), 588FF(1)(a)
Taouk v Commissioner for Fair Trading [2020]
NSWCATAD 149
MERITS REVIEW - Building and construction – Home
Building Act 1989 (NSW) - contractor licence – fit and
proper.
DB Homes Pty Ltd v D'Souza
(1) Leave to appeal is refused. (2) The Appeal is
dismissed.
HOME BUILDING – Contract completion date - Delay damages for
late completion- new evidence
Civil and Administrative Tribunal Act 2013; Home Building Act
1989
Burbank Montague Pty Ltd v The Owners – Strata
Plan No 8531 [2020] NSWCATAP 100
(1) Leave to appeal is refused. (2) The appeal is
dismissed.
APPEAL – leave to appeal – exercise of discretion
– leave refused - leave to adduce new evidence refused -
strata scheme – common property defects – scope of
works – rectification costs – whether strata levy
excessive - costs of appeal
Betta Build Group Pty Ltd v El Baba (No. 3)
[2020] NSWDC 272
COSTS – application by successful party to vary
costs order from the usual costs order– application for
indemnity costs following rejection of offers of compromise –
dispute against application with respect to some of the offers
– impact of commencement of proceedings in NCAT
Civil and Administrative Tribunal Act 2013 (NSW), s 60, Schedule 4;
Home Building Act 1989 (NSW), ss 7E, 18F, Part 2C; Uniform Civil
Procedure Rules 2005 (NSW), rr 20.26, 42.1, 42.13, 42.14
The Owners of Strata Plan No 91349 v Australian Securities and
Investments Commission [2020] NSWSC 685
CORPORATIONS – application for reinstatement of
company – company formerly involved in development of home
units – wound up and deregistered soon after completion of
development – proceeds of sale of apartments transferred
prior to winding up to another company – alleged defects in
construction – purpose of reinstatement to join company as a
defendant in existing Technology and Construction List proceedings
– principles relating to reinstatement of a corporation
discussed.
Corporations Act 2001 (Cth) ss 588FF(3), 601AH; Home Building Act
1989 (NSW) ss 18C, 18D
Strata Schemes Management Act 2015 (NSW) s 8
Legislation
NSW
Regulations and other miscellaneous instruments
Environmental
Planning and Assessment Amendment (Activation Precincts) Regulation
2020 (2020-265) — p
Civil
and Administrative Tribunal (Amendment No 7) Rule 2020
(2020-250) — published LW 5 June 2020
Work Health and Safety Amendment (Silica) Regulation 2020 (2020-244) — published LW 5 June 2020
Environmental Planning Instruments
State
Environmental Planning Policy (Activation Precincts) 2020
(2020-266) — published LW 12 June 2020
Bills introduced Government – 05 June 2020
Residential Apartment Buildings (Compliance and Enforcement Powers)
Bill 2020
Non-Government – 05 June 2020
Building Amendment (Mechanical Services and Medical Gas Work) Bill
2020
Bills revised following amendment in Committee –
05 June 2020
Design and Building Practitioners Bill 2020
Residential Apartment Buildings (Compliance and Enforcement Powers)
Bill 2020
Bills passed by both Houses of Parliament
Design and Building Practitioners Bill 2020
Residential Apartment Buildings (Compliance and Enforcement Powers)
Bill 2020
Bills assented to
Design and Building Practitioners Act 2020 No 7 —
Assented to 10 June 2020
Residential Apartment Buildings (Compliance and Enforcement Powers)
Act 2020 No 9 — Assented to 10 June 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.
