In the media

Builders call for coronavirus action
Australian Construction Industry Forum (ACIF) says efforts are needed to ensure that the threat to building projects is mitigated to the greatest possible extent (05 March 2020). More...

Housing downturn weighs on growth in GDP
Confirming expectations, figures released by the ABS show that declines in residential building detracted 0.2 percentage points from overall GDP growth. New home building activity fell by 4.1 per cent in the final quarter of 2019 while home renovation activity declined by 2.2 per cent (04 March 2020). More...

Australia's Construction Sector Must Restore Trust
As 2020 begins, the general lack of confidence in the building and construction sector lingers from previous years.
That there is a persistent crisis of confidence in the sector is not in dispute but what has been hotly debated is the reason why and what to do about it (02 March 2020). More...

RICS: New governance to deliver confidence for the future
A new Governing Council is announced, and RICS welcomes the new professionals who have been elected with record turnout across 12 regions globally. The governance modernisation has also established a new Standards and Regulation Board, with its Chair and the majority of its members being independent from the profession to provider greater confidence in our assurance regime (02 March 2020). More...

Construction work falls in December
Construction work done across Australia fell by three per cent in the December quarter, underlining a weak end to a shaky year for the sector as bushfires raged. Westpac senior economist Andrew Hanlan said it was a sharper fall than expected after consensus for a one per cent drop (28 February 2020). More...

Proposal to set minimum prices on welding equipment raises competition concerns
The ACCC plans to revoke a resale price maintenance (RPM) notification lodged by welding equipment manufacturer Weldclass, which wanted to prevent retailers from selling welding and plasma cutting machines at a discounted price (28 February 2020). More...

Coronavirus to weigh on Q1 construction activity, despite recent pick-up
International construction activity picked-up in the last quarter of 2019, according to the latest findings of RICS' series of international Infrastructure and Construction Surveys. However, rising costs remain a drag on the sector, and the impact of the Coronavirus could hamper short-term output (26 February 2020). More...

NSW builders' comp review targets insurers
A special review of the New South Wales Home Building Compensation Fund has included in its final terms of reference an investigation into insurers' participation in the loss-making scheme (02 March 2020). More...

City of Sydney grant funding for better performing buildings
The City of Sydney has opened applications for the first round of environmental performance grants. For sectors where they are not mandatory, the City has funded ratings and certifications such as NABERS, Green Star Performance and EarthCheck Certification (26 February 2020). More...

Supporting the tradies of the future
Premier Gladys Berejiklian has announced a Review of the system to be led by Mr David Gonski AC and Professor Peter Shergold AC. The Review will report to the NSW Government by July 2020 (25 February 2020). More...

Council raids home owners piggy bank
Home owners money paid to fund local infrastructure should not be used as a slush fund by local government, says the Housing Industry Association. News that levies applied to new home buyers in the Lake Macquarie Council area have been used to 'prop-up' other local government spending is extremely concerning (21 February 2020). More...

Published - articles, papers, reports

Australia Bureau of Statistics
03/03/2020 Building Approvals, Australia, Jan 2020 (cat no. 8731.0)

Practice and courts

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...

ABCC e-alert: Australian Government releases Building Code discussion paper
The Australian Government released the Code Discussion Paper for the Code for the Tendering and Performance of Building Works 2016. The Attorney-General's Department is inviting written submissions on the Code's operation and potential areas where it could be strengthened to ensure it remains fit for purpose. Submissions can be made to the ">Attorney-General's Department.
The closing date for submissions is 3 April 2020. More...

New NatHERS certificate to be rolled out by 30 April 2020
A new NatHERS certificate will soon come into use as software tools transition to Chenath Engine version 3.21. The new NatHERS certificate has been developed after significant consultation with industry users and will replace the previous "universal certificate" for all new assessments from 1 May 2020. More...

Green Building Council of Australia (GBCA) draft credits
GBCA have introduced eight categories to more accessibly define a building's sustainability. Within these categories there are a number of draft credits that all buildings seeking a Green Star rating are expected to comply with: these are proposed as new Minimum Expectations for every Green Star rated building. More...

RICS UN backed global standard
RICS is chairing the development of the International Fire Safety Standard and it follows previous RICS work to bring consistency to the standards people can expect globally across property, construction and valuation. The International Fire Safety Standards will be open for global consultation until 23 March with the final international standard to be published later in 2020.

RICS Building Confidence Conference 2020
The Building Confidence Conference is RICS' flagship event that puts a spotlight on the role of Chartered Surveyors, engineers, architects and contractors in the built environment, will be held in Sydney, August 2020. More...

ABCB: Registration is open for the 2020 NCC Seminars!
During March and April the ABCB will be presenting in a capital city near you (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. Find the full list here.

Cases

Merrick v Zhu & Ye [2020] NSWCATAP 35
APPEALS---notice of hearing – procedural fairness
Mr Merrick, the appellant, who is involved in the building industry, appeals from a decision made in his absence on 13 August 2019 ordering him to pay $10,000.00 to the respondents.

Hunter Prestige Childcare Pty Ltd v Ball [2020] NSWCATAP 33
BUILDING AND CONSTRUCTION – contract – breach - consent orders – non-compliance with consent orders – assessment of damages. Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), Sch 4 cl 8(1) and (2).

Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9
ENVIRONMENT AND PLANNING – construction of development consents and construction certificates – development without development consent – scope and purpose of statutory regime – over excavation of subject site – validity of construction certificates – whether construction certificate was validly modified – whether development was carried out otherwise than in accordance with the construction certificate – development without consent – public notification of voluntary planning agreement – occupation certificates – discretion and relief.

Roude v Helwani
(1) The appeal is dismissed. APPEAL – Local Court Act s 39 – Defendant carried out plumbing and electrical works on plaintiffs' property under oral contract – Defendant successful in Local Court claim in quantum meruit – Whether there was no evidence of the fair and reasonable cost of the works – Where the builder's invoices were the only evidence of the cost of the works – Appeal dismissed
Evidence Act 1995 (NSW), s 138; Home Building Act 1989 (NSW), s 3.

Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd [2020] NSWSC 130
CONSUMER LAW – Trade Practices Act 1974 (Cth) – ss 51(1), 82(1) – misleading and deceptive conduct – defendant structural engineer issued a certificate as to structural soundness of a proposed building which certificate was misleading or deceptive or likely to mislead or deceive – plaintiffs claim damages said to have been caused by this conduct because, after the project was delayed to remedy faulty construction undertaken by the builder in reliance on the certificate, a bank, which had lent them money, appointed receivers and sold their land – necessity for plaintiffs to prove, on the balance of probabilities, that the conduct complained of caused them loss – necessity for the plaintiff to prove that the conduct complained of was a material part of the bank's motivation – plaintiffs fail to bring evidence of the bank's motivation – plaintiffs failed to establish that the conduct complained of played any, or any sufficient, role in causing the bank to act – HELD: proceedings dismissed.

Sleiman t/as Perfect Kitchens v Dempsey [2020] NSWCATAP 26
(1) Appeal allowed.
BUILDING AND CONSTRUCTION – Contract – damages for breach of contract
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW)
Home Building Act 1989 (NSW).

Williams v Blacktown City Council [2020] NSWLEC 1080
BUILDING INFORMATION CERTIFICATE – conciliation conference – agreement between the parties – orders

Legislation

Proclamations commencing Acts
Building and Development Certifiers Act 2018 No 63 (2020-77) — published LW 4 March 2020

Regulations and other miscellaneous instruments
Building and Development Certifiers Regulation 2020 (2020-78) — published LW 4 March 2020
Environmental Planning and Assessment Amendment (Planning for Bush Fire Protection) Regulation 2020 (2020-64) — published LW 28 February 2020

Bills introduced Government – 04 March 2020
Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Bill 2020
Better Regulation Legislation Amendment Bill 2020

Proclamations commencing Acts - Reminder
Better Regulation Legislation Amendment Act 2019 No 23 (2019-623) — published LW 16 December 2019
Schedule 1 amends the following Acts—(a)Building and Construction Industry Security of Payment Act 1999 No 46,(b)Building and Development Certifiers Act 2018 No 63,(c)Building Professionals Act 2005 No 115,
Reminder: Proclamation, appoint 23 March 2020 as the day on which Schedule 1.8[3] and [4] to that Act commence.
Regulations and other miscellaneous instruments

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.