In the media
HIA: New Home Building to Contract in Second Half of
2020
Since the introduction on COVID-19 restrictions, the
number of cancellations of projects now exceeds 30 per cent -this
is more than four times the typical rate of cancellations.
HIA's Chief Economist, Tim Reardon states the COVID-19 related
contraction in building work will see a significant reduction in
work hours on building sites in the second half of 2020 (14 May
2020).
More...
CEFC Investment Insight: Clean energy and community
housing
The Clean Energy Finance Corporation has released their
latest Investment Insight on Clean energy and community
housing. The paper provides an update of CEFC-financed
initiatives undertaken by community housing providers SGCH and
Housing Plus to build sustainable homes for low income households
(13 May 2020).
More...
Housing Construction Costs Continue to Outpace
Inflation
In its latest report, CoreLogic said its Cordell Housing
Index Price (CHIP) rose by 1.0 percent over the
March quarter and is up by 3.6 percent over the past year (12 May
2020).
More...
One Third of Australia's Construction Businesses
Could Close
As many as one-third of Australia's construction
businesses could be forced to close over the next twelve months if
business conditions do not improve, according to the he latest
first findings of How We Build Now – Tracking Technology in
Construction 2020 report (11 May 2020).
More...
Green Steel Flagged as End to Climate Wars
In a new report the think-tank says focusing on
"green" steel production could create a multi-billion
dollar export sector using renewable energy. It could also save the
jobs of coal miners and others reliant on emissions intensive
industries, whose work is threatened by efforts to fight climate
change, the Grattan Institute says (11 May 2020).
More...
MBA: Builders Commend Government On Procurement and
Payment Time Changes
Master Builders Australia commends the Federal
Government's move to support business through the economic
shock of COVID-19 by amending its procurement and contracting
arrangements. This positive initiative that will bolster confidence
among building and construction businesses working on federally
funded construction projects (11 May 2020).
More...
Trina Solar (Australia) Pty Ltd – Enforceable
Undertaking
The CER has accepted an enforceable undertaking offered by
Trina Solar (Australia) Pty Ltd (Trina Solar) to
address any ineligible solar panel serial numbers that were
uploaded by Trina Solar into the Solar Panel Validation
(SPV) Service. Ineligible means that the panels
were not eligible for Small-scale Technology Certificates
(certificates) (11 May 2020).
More...
COVID-19 highlights Importance of Responsibly Managed
Supply Chains
The current COVID-19 crisis has highlighted the human face
of supply chains and how it important it is to consider individuals
which are more vulnerable and exposed to exploitation,
particularly, as economic conditions become more challenging.(07
May 2020).
More...
Volume builders locked in and ready for to pilot Green
Star for homes
Metricon, Rawson Homes and Stockland are among the home
builders signed up to pilot the Green Building Council of
Australia's new Green Star rating tool for homes, currently out
for consultation (07 May 2020).
More...
RICS: How has COVID-19 impacted construction and
infrastructure globally
Construction activity has been hit hard by the impact of
COVID-19, according our latest International Construction and
Infrastructure Surveys. Impact varies depending on severity and
timing of pandemic, and government measures, and costs are rising
faster than tender prices, suggesting further financial pressures
ahead (07 My 2020).
More...
MBA: New Home Building Recovery Halted By Covid-19
The latest ABS data shows that COVID-19 has brought to
halt the burgeoning recovery in building approvals (06 May 2020).
More...
NCC doesn't cover demolition and contaminated lamps
in landfill are the result
Around 85 per cent of mercury-containing fluorescent tubes
and lamps still go to landfill –poisoning our land and water
tables – even though it's illegal and Australia has
signed an international convention. Simple changes to the National
Construction Code (NCC) are part of the solution
(06 May 2020).
More...
HIA: Finance for New Homes Strong Before COVID-19
The number of loans to owner occupiers for the purchase or
construction of a new home rose by 3.1per cent in the March 2020
quarter compared to the December quarter and was 13.2 per cent
higher than the same time last year," commented HIA Chief
Economist, Tim Reardon (06 May 2020).
More...
HIA: Support for display homes an important step
Recognition by state and territory governments over the
last fortnight allowing new home buyers to visit display homes and
villages has been a sensible and important move," said HIA
Managing Director, Graham Wolfe. Access to display homes is equally
important in supporting new home builders and the housing industry
(06 May 2020).
More...
Blackwattle Bay Precinct Planning commences
The community is being asked to provide feedback on early
concept plans that will revitalise Blackwattle Bay, deliver new
open space, and return inaccessible parts of Sydney harbour to the
public for the first time in decades (11 May 2020).
More...
NSW building inquiry targets cladding in final
report
A NSW Upper House inquiry into the state's troubled
building industry has made 22 recommendations in its final report,
including 11 that outline how the Government should handle the
flammable cladding crisis (11 May 2020).
More...
Published - articles, papers, reports
Australian Bureau of Statistics
04/05/2020
Building Approvals, Australia, Mar 2020 (cat no. 8731.0)
Practice and courts
ABCB: Ensuring the safety of your building water system
post COVID-19 restrictions
A new Advisory Note has been released providing guidance
on what should be considered prior to re-occupying a building (14
May 2020).
More...
ABCB Public Report: Delivery of the BCR National
Framework (May 2020)
The report communicates the progress in developing
responses to the BCR Recommendations in accordance with the
National Framework (07 May 2020).
More...
HIA Alert: States come on board with display homes
changes
Following announcements, the remaining states have moved
forward with changes to the rules for display homes and villages,
in line with HIA's call to support new home builders at this
difficult time. HIA's
Guides for display homes are available to assist explaining the
health and hygiene requirements that builders should adopt to
ensure the safety of their customers (01 May 2020).
IA: COVID-19: member update
May 01, 2020 - A national Roadmap to a COVID safe
Australia.
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 For further details on the proposed
changes, including how to make a submission, visit Standards
Australia's
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. (12 May 2020).
More...
RET: Register of solar water heaters (version 39) is now
available
The
register of solar water heaters (version 39) is now available.
The register lists solar water heater and air source heat pump
models that are eligible for small-scale technology certificates
under the Small-scale Renewable Energy Scheme. The register of
solar water heaters (version 39) came into effect on 8 May 2020 (08
May 2020).
More...
ABCB Reminder: Fire Safety Verification Method
adopted
From 1 May 2020, the Verification Method can be used to
meet the relevant Performance Requirements of NCC 2019.
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...
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...
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
Longbottom v Boughton (No 2) [2020] NSWCATAP 86
In respect of appeal AP19/50591, the orders will
be:
(1) The appellants are to pay the respondent's costs as agreed
or assessed.
COSTS – whether the amount in dispute exceeds $30,000 –
effect of pre-trial offer of settlement on costs of appeal –
whether to award costs in a fixed sum Civil and Administrative
Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules
2013 (NSW)
Civil Procedure Act 2005 (NSW); Home Building Act 1989 (NSW)
Ippolito v Cesco [2020] NSWSC 561
BUILDING AND CONSTRUCTION – Breach of statutory
warranties in the Home Building Act 1989 (NSW), s 18B –
Application s 48MA of the Home Building Act 1989 (NSW) to
proceedings brought before the Supreme Court – Whether the
Court will order specific performance of a building contract -
Whether damages for loss of rent were in the parties'
reasonable contemplation at the time the contract was entered into
– Distinction between difficulty of assessing damages and
failure to take reasonable steps to prove damages suffered.
Lawrence
v Ciantar [2020] NSWCA 89
CONTRACTS – Construction – Interpretation
– Principles of construction of commercial contracts.
CONTRACTS – Breach of contract – Consequences of breach
– Right to termination – No specific performance.
STATUTORY INTERPRETATION – Home Building Act 1989 (NSW)
– Definition of "residential building work" –
Preliminary works. Home Building Act 1989 (NSW)
Strata
Plan 87060 v Loulach Developments Pty Ltd [2020] NSWSC 550
CIVIL PROCEDURE - parties - misnomer or misdescription
- application to amend - where owners corporation intended to sue
builder for alleged defects but mistakenly named the incorrect
entity in summons and list statement - whether builder prejudiced
from loss of viable cross-claims - where builder on notice of
mistake, defects and proceedings - no delay in making application
to amend - prejudice to owners corporation if leave not granted -
dictates of justice favour granting leave to amend
That period expired no later than 5 July 2019: Home Building Act
1989 (NSW), sch 4, cl 109. Loulach Steel, the ... the dates of
practical completion of the works: Home Building Act 1989 (NSW) ss
3B, 3C
Baserite
Constructions Pty Ltd v Tanios [2020] NSWCATAP 77
HOME BUILDING - limitation period - major defects -
separate agreement as basis of work order - procedural fairness -
material not before Tribunal on no appearance
Issa
v K & K Quality Constructions Pty Ltd [2020] NSWCATAP 74
Appeal allowed. APPEAL – Home building; Where no
written contract between the parties; Where builder did preliminary
work; Where Tribunal awarded builder money on quantum meruit basis;
Whether s 94 of the Home Building Act 1989 applied in circumstances
that there was no written contract; Where Tribunal did not consider
whether it would be unconscionable for the homeowner to retain the
benefit of the preliminary work without payment
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989
(NSW); Home Building Regulation 2014 (NSW)
Aboukalam
v Commissioner for Fair Trading [2020] NSWCATOD 46
(2) The administrative review application made on 14
April 2020 is listed for further directions on a date to be fixed.
ADMINISTRATIVE REVIEW – occupational licensing –
renewal of contractor licence refused - interim order – power
to grant temporary licence – whether temporary licence should
be granted
Administrative Decisions Review Act 1997; Home Building Act 1989;
Tattoo Parlours Act 2012
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.