In the media
Building efficiency for jobs and growth
An advocacy agenda released by a coalition of industry
bodies is calling on governments to make every building count in
Australia's economic recovery (21 July 2020).
More...
AIA survey reveals need for economic stimulus as
pandemic stalls pipeline
The COVID-19 pandemic has resulted in a significant
stalling of construction projects, finds a new survey by the
Australian Institute of Architects. It identifies energy efficiency
incentives, public building upgrades and investment in social and
affordable housing as priority areas for stimulus (21 July 2020).
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Will phoenixing finally be stamped out in
Australia's construction industry?
When a known loophole isn't closed, you can expect
wide-scale exploitation. This is what has occurred for decades with
the issue of illegal "phoenixing", which has become a
common and terrible blight on the construction industry in
Australia (17 July 2020).
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HIA: JobTrainer package provides certainty for
apprentices
HIA has welcomed the announcement by the Federal
Government of the $2 billion JobTrainer package, which includes an
extension of the vital Supporting Apprentices and Trainees wage
subsidy until March 2021 (16 July 2020).
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Construction: great expectations for economic
recovery
Unifying global themes are emerging from differing
government construction recovery plans. These themes provide
insight for RICS professionals to fully embrace new recovery
opportunities (15 July 2020).
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Build community housing to help beat the COVID-19
recession, Federal Government urged
The nation's largest community housing advocacy group
is urging the Government to invest in more social housing not only
to help those in need get a roof over their heads, but as a major
boost to the economy during the COVID-19 recession (15 July 2020).
More...
HIA: Pressure on home building prior to COVID
There was a modest lift in dwelling starts in the March
2020 quarter but new starts were still eclipsed by completions.
There were more new homes completed than new projects getting
underway and as a consequence there are now fewer active building
sites around the country (15 July 2020).
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Building boom as people take advantage of government
incentives
Builders experience a major spike in sales following the
Federal Government's announcement of its $688 million
HomeBuilder program (14 July 2020).
More...
Time for a hazard protection code on new builds:
ICA
Australia's National Construction Code is
"failing the community" by not stipulating a performance
outcome for protecting the property beyond the saving of lives, the
Insurance Council of Australia has told a royal commission hearing
(13 July 2020).
More...
Minister rules out WestConnex as cause of cracks in
Sydney apartment block
Emergency services evacuate 10 people from an Ashfield
apartment block after cracks appeared in the 20-year-old building
which sits above the Sydney M4 WestConnex tunnel (24 July 2020).
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Delivering on the 10 point commitment to the
construction sector
The NSW Construction Leadership Group
(CLG) is working with agencies to monitor delivery
of the NSW Government's 10 Point Commitment to the construction
sector (23 July 2020).
More...
Chinese developers submit plans to build twin 80-storey
skyscrapers in centre of Sydney
Chinese-based developers hope to build twin 80-storey
skyscrapers in Sydney's CBD after submitting new plans. The New
York-inspired buildings would include 158 hotel rooms and 600
apartments (22 July 2020).
More...
Reforms for a world class planning system
Drastically reduced planning assessment times, less red
tape, and user friendly e-planning tools will help turbo-charge the
economic recovery, through an $83 million NSW Planning Reform
Action Plan. The changes will slash times as follows; decisions on
Development Applications (DAs) for larger,
regionally significant projects cut by 91 days (25% time savings)
and decisions on major projects of significance to the state cut by
20 days (17% time savings) (15 July 2020).
More...
Published – articles, papers, reports
Australian Bureau of Statistics
15/07/2020
Building Activity, Australia, Mar 2020 (cat no. 8752.0)
15/07/2020
Construction Activity: Chain Volume Measures, Australia, Mar
2020 (cat no. 8782.0.65.001)
Industry Update – 15 July 2020
The July edition of Industry Update features the latest information from the ABCC about wages and entitlements, our upcoming webinar, must-know changes to the construction awards, court outcomes and more. More...
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.
More...
Build Australia discussion paper: Draft National
Registration Framework for 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
discussion paper seeks stakeholder feedback on the draft NRF
outlined in the consultation form, until 23 August 2020. Only
comments submitted using the online form will be considered.
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...
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...
Security of Payment Regulation
From: 26 June 2020 to 24 July 2020. NSW Fair Trading is seeking
feedback on the new Building and Construction Industry Security of
Payment Regulation 2020.
More...
Housing Strategy for NSW
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...
Draft Greener Places Design Guide
The draft guide provides strategies, performance criteria
and recommendations to assist planning authorities, and design and
development communities to deliver green infrastructure. The
exhibition closes 7 August, 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.
More...
Cases
Syed v Metricon Homes Pty Ltd [2020] NSWCATAP
147
APPEAL-COSTS-appeal withdrawn-costs jurisdiction under
Rules 38 and 38A-costs follow the event-application for costs order
against solicitors declined-application for indemnity costs
declined – costs order made.
A Home Building application in the same Division seeking an order
inter alia that certain building defects be rectified. Both
applications came on for hearing on 25 March 2020 before a Member
of this Tribunal who dismissed the appellant's claim and
ordered the appellant to pay the respondent the sum of $12,253.47
on the respondent's claim (the appellant having by then paid
the final progress payment claim
AJC Portables Pty Ltd v Muras
[2020] NSWCATAP 150
CIVIL PROCEDURE – hearings – ex parte
– procedural fairness – appellant wrongly assuming the
hearing would be conducted by telephone – no reasonable basis
for that assumption – futility of a new trial – even on
the appellant's evidence the same decision would have been
given – portable building contracts
Australian Consumer Law NSW, ss 54, 55, 259(3), 260, 263(4)
Civil and Administrative Tribunal Act 2013 (NSW), s 36(3); Civil
and Administrative Tribunal Rules 2014 (NSW), r 35; Fair Trading
Act 1987 (NSW) ss 79D, 79E, 79G, 79K, 79L
Lepcanfin Pty Ltd v Lepfin Pty Ltd [2020]
NSWCA 155
1.Grant leave to appeal but dismiss the appeal with
costs on the Mandate Issue, as identified in the reasons for
judgment.
2. Refuse leave to appeal with costs in respect of the Guarantee
Issue, as identified in the reasons for judgment.
CONTRACT – dispute resolution clauses – expert
determination clause – separate Expert Determination
Agreement entered into – whether expert exceeded her mandate
in determining that clause in a Development Deed was a penalty
– construction of ambit of separate Expert Determination
Agreement – when one party to dispute initially accepted that
penalty issue fell within scope of Expert Determination Agreement
and then resiled from that fact – whether party estopped from
resiling from initial position – whether other issues sought
to be raised in Commercial List proceedings but which had not been
the subject of expert determination could be litigated –
whether primary judge erred in staying litigation of those
issues.
Under cl 3.3 of a Development Deed relating to the development of a
home estate on land situated in Leppington, NSW, Lepcon Pty Ltd
(Lepcon) was required to make payments to Lepfin
Pty Ltd (Lepfin) in the sum of $3.9million, yet
only $1,143,332.56 was paid.
Nyunt v North Shore Homes Pty Ltd [2020]
NSWCATAP 143
APPEAL - Home Building Act - residential building
contract - delay - suspension or abandonment of works - home
warranty insurance - structural and non-structural works cover -
quantum meruit - just and equitable - repudiation - termination -
statutory warranty and intermediate contract terms - defective
works - expert evidence - costs to complete - loss of rent
COSTS - provisional costs order
Taylor v Clientel Development Pty Ltd [2020]
NSWCATAP 136
APPEAL – Assessment of damages when residence sold
before hearing and defects not rectified – Failure to
exercise jurisdiction – Failure to deal with a claim for
set-off
Stepanoski v Aslan (No 6) [2020]
NSWSC 900
DAMAGES — Quantification of damages to which the
plaintiffs or defendant would be entitled — Variation of
earlier judgment — Reformulation of quantum after reopening
of case granted to read and tender additional evidence on
damages
The sixth judgment in the resolution of the dispute between the
plaintiffs, Mr Tony Stepanoski and Mrs Sonia Stepanoski
(the Owners), and the defendant, Mr Jamal Aslan
(the Builder), arising out of a building contract
made between the Owners and the Builder
Freixas v Commissioner for Fair Trading, Department of Customer
Service (No 2) [2020] NSWCATOD 78
PROFESSIONAL DISCIPLINE – review of decision of
Building Professionals Board to discipline an accredited certifier
- unsatisfactory professional conduct – appropriate
action
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.
