In the media
Differing impacts of COVID-19 on Australian construction
markets
According to the Rider Levett Bucknall (RLB) 2nd Quarter
2020 Australia Report, the impacts of COVID-19 being felt by
Australian construction markets and associated tender costs differ
around the country (09 July 2020).
More...
HIA: First home buyers receive another boost: HIA
The release today of 10,000 new guarantees under the First
Home Loan Deposit Scheme will provide another boost for home buyers
looking to move into their first home.. The First Home Loan Deposit
Scheme allows home buyers to access a home loan with a smaller (5
per cent) deposit with 27 lending bodies operating under the Scheme
(01 July 2020).
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HIA: Building Approvals Data Begins to Reflect COVID-19
Shock
"Building approvals in May fell by 16.4 per cent
nationally as the impact of COVID-19 restrictions impeded the flow
of new building projects to be undertaken", stated HIA
Economist (01 July 2020).
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Framework to improve registration of building
practitioners
A discussion paper on a draft National Registration
Framework (NRF) for Building Practitioners has
been developed in response to BCR recommendations 1 and 2. The NRF,
if adopted, is expected to enhance public confidence and improve
national consistency in the registration of building practitioners
(30 June 2020).
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Homebuilder grant: as construction dries up, NSW,
Victoria and Qld yet to sign on to scheme
The federal government is still to sign agreements with
the bigger states to deliver its $25,000 homebuilder subsidy scheme
nearly a month after its announcement. The actual delivery will be
via state agencies who must assess the applications to ensure they
are within the scheme rules (30 June 2020).
More...
New laws to register engineers in NSW??
Due to similar changes in Victoria last year and the
long-standing laws in Queensland, from 1 July 2021 registration
will apply in NSW, Victoria and Queensland – covering the
three largest states for engineering work and roughly 75% of the
Australian economy. (30 June 2020).
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HIA welcomes new NSW Planning Delivery Unit
The Housing Industry Association (HIA)
welcomes today's announcement by Treasurer Perrottet and
Minister for Planning and Public Spaces to introduce a new Planning
Delivery Unit to work with government agencies and industry to
unblock planning projects stuck in the system (01 July 2020).
More...
NSW Government bushfire clean-up meets initial 30 June
2020 target as rebuild begins
The bushfire clean-up program undertaken by the NSW
Government has met the initial 2800 property clearing target and
today announced further support for communities through a rebuild
and housing strategy (30 June 2020).
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Published – articles, papers, reports
Australian Bureau of Statistics
01/07/2020
Building Approvals, Australia, May 2020 (cat no. 8731.0)
Practice and courts
ABCB: Proposal to include minimum accessibility
standards for housing in the NCC
Consultation RIS open for public consultation addressing a
proposal to include minimum accessibility standards for housing in
the NCC, with submissions open until 31 August 2020. The ABCB has
also released a project overview and RIS explainer
document that explain the project, its timelines and the RIS
process (06 July 2020).
More...
Comcare: New silica exposure standards
The workplace exposure standard (WES) for
respirable crystalline silica (RCS) is being
reduced in the Comcare jurisdiction. Comcare will continue to work
with duty holders to ensure they are managing risks and applying
the new exposure standard (01 July 2020).
More...
AIBS Professional Development Audit Program –
Member Consultation
As part of our ongoing development of professional
standards for the professional of building across the country, AIBS
has developed a Professional Audit Program for Building Surveyors
and is now seeking your feedback on the program (08 July 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. For more details of the 2020 NHRP projects
please click here.
More...
AIBS: NSW/ACT Member Update - Legislative Changes and
Code Updates
1 July 2020 - Please find information below concerning the
adoption of new legislation and amendments for the low rise medium
density housing code.
More...
NSW Have Your Say
From: 26 June 2020 To: 24 July 202. NSW Fair Trading is
seeking feedback on the new Building and Construction Industry
Security of Payment Regulation 2020.
More...
From: 15 June 2020 To: 24 July 2020
The Department of Planning, Industry and Environment is seeking
feedback from the community, council and industry to help shape the
future of housing in NSW.
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.
More...
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
El-Rihani v Hotait [2020] FCA
912
CONTRACT – construction – Deed of Separation -
meaning of "future liabilities" – whether claims
lodged before execution of Deed but unpaid at date of execution are
"future liabilities"
CONTRACT – frustration – whether Deed of Separation
frustrated by appointment of a liquidator Corporations Act 2001
(Cth) ss 198G, 461, 474, 588FA, 601AA The projects undertaken by Mr
Hotait and Mr El Rihani included "residential building
work" for the purposes of the Home Building Act 1989
(NSW).
MJH Built Pty Ltd v Robinson [2020] NSWCATAP
133
APPEAL – HOME BUILDING – onus of proof,
credibility, leave to appeal. Civil and Administrative Tribunal Act
2013; Civil and Administrative Tribunal Rules 2014; Home Building
Act 1989
Bao Long Guo t/as GD Brother Projects v GB Electrical Services Pty
Ltd [2020] NSWCATAP
131
(1) In relation to the application for miscellaneous
matters filed by GB Electrical Services Pty Limited on 17 February
2020, a hearing is dispensed with pursuant to s 50 of the Civil and
Administrative Tribunal Act 2013 (NSW). APPEAL – Building and
Construction – Quantum Meruit
Home Building Act 1989 (NSW); Civil and Administrative Tribunal Act
2013 (NSW)
McKenzie Group Consulting (NSW) Pty Ltd v Building
Professionals Board [2020] NSWCATOD
76
TRADES AND PROFESSIONS – accredited certifier
– disciplinary action – application for review –
consent orders
Cohen v Zanzoul trading as Uniq Building
Group (No 2) [2020] NSWSC
838
BUILDING AND CONSTRUCTION – contract – defects
– whether defendant had opportunity to rectify works –
whether plaintiffs failed to mitigate their loss
BUILDING AND CONSTRUCTION – consideration of incomplete works
and defective works – use of Scott Schedule
Legislation
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Occupation
Certificates) Regulation 2020
(2020-391) — published LW 8 July 2020
Environmental Planning and Assessment Amendment (Modification of
Consent) Regulation 2020
(2020-367) — published LW 3 July 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.
