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...


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



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.