In the media
Home builder fined $380,000 over misleading review
websites
Perth residential building company Aveling Homes is fined $380,000
for creating websites which filtered out negative reviews, which
the Federal Court found was liable to mislead the public and create
a more favourable impression of the firm's services (01
December 2017).
More...
October Building Approvals in Surprise
Increase
ABS approvals data released on Thursday showed a rise in approvals
for construction of new homes of 0.9 per cent, defying
analysts' expectations of a 1.0 per cent decline (30 November
2017).
More...
House prices 'based on undersupply
myth'
Australia does not have a housing shortage, with inner-city areas
of Sydney, Melbourne and Brisbane some of the nation's most
oversupplied regions, according to new research from ANU (20
November 2017).
More...
Dural building company prosecuted after worker suffers
brain injury in fall
A Dural building company has been fined $60,000 for failing to
ensure the safety of a worker who was seriously injured during a
fall (28 November 2017).
More...
Asbestos Awareness Month Goes into
Overtime
The NSW Environment Protection Authority will team up with
SafeWork, RID Squads and Council to conduct joint inspections at
waste facilities, building and demolition sites, and businesses
between 27 November and 4 December (27 November 2017).
More...
Government launches safety blitz to drive down
construction deaths
Minister for Better Regulation Matt Kean today launched a year-long
blitz to crack down on dodgy construction businesses which put
their workers at risk. Mr Kean said the number of falls from
heights reported to SafeWork NSW had more than tripled in the last
five years – with the majority happening on construction
sites (22 November 2017).
More...
Industry fury as NSW government waters down building
products legislation
Building industry stakeholders are outraged that the NSW government
has covertly and substantially watered down legislation to reduce
non-compliant and non-conforming building product use (22 November
2017).
More...
Published
ACI Construction Briefs
20 November 2017:
ACI Construction Brief: Where would we be without the construction
industry?
Australian Bureau of Statistics
30/11/2017
Building Approvals, Australia, Oct 2017 (cat no. 8731.0).
22/11/2017
Construction Work Done, Australia, Preliminary, Sep 2017 (cat
no. 8755.0).
Practice and courts
ABCB: Adoption of NCC 2016 Volume One Amendment
1
Release and adoption dates for NCC 2016 Volume One Amendment 1 are
now available (28 November 2017).
More...
Australian Cladding and Building Standards Summit
2017
The Australian Cladding & Building Standards Summit, 7-8 Dec
2017, Melbourne, will address issues of safety standards and
non-conforming building products.
More...
Registration is now open for the 2018 NCC Information
Seminars
In February and March 2018, a representative from the ABCB will be
coming to a capital city near you. Don't miss out on your
opportunity to hear about the following BCA initiatives: NCC 2016
Volume One amendment addressing fire safety; NCC 2019 public
comment draft; The improved CodeMark scheme; and The practical
development and assessment of Performance Solutions. Click here to
register.
31 December 2017 signals the end for the transitional
period for the BASIX energy targets
Home buyers wishing to take advantage of the lower pre-July energy
targets under the transitional arrangements will need to apply for
a BASIX certificate before 31 December 2017. After this date, the
lower pre-July 2017 targets will no longer be available and all new
homes and units will be subject to the energy targets introduced on
1 July 2017 (21 November 2017).
More... More...
NSW BPB: Strata building bond scheme now commences 1
January 2018
The new strata building bond and inspection scheme will now
commence on 1 January 2018.
More...
Cases
SCC (Sam Construction Company) Pty Ltd v Wingate [2017]
NSWCATAP 222
Costs - special circumstances - section 60 of the NCAT Act -
indemnity costs.
Thacker v Bonham [2017] NSWCATAP 217
Home Building – error in evidence before primary member
– discretion on remedy – works order.
The Owners-Strata Plan No. 30791 v Southern Cross Constructions
(ACT) Pty Limited (In Liquidation) [2017] NSWSC
1660
CIVIL PROCEDURE – Referral to referee – Adoption of
referee report – Whether report should be rejected for actual
or apprehended bias – Whether referee failed to comply with
rules of natural justice. Texts Cited: Building Code of Australia.
In these proceedings, the Owners Corporation seeks to recover in
respect of structural and aesthetic damage said to have been caused
to the building by excavation, shoring and piling work (the
Works) carried out on the adjacent property.
Bui v DB Homes Australia Pty Ltd [2017] NSWCATAP
218
APPEAL – Civil and Administrative Tribunal (NSW) –
whether question of law – whether leave should be granted on
a question of fact – Extension of time – leave to
appeal - self-represented litigants – leave denied DAMAGES
– Assessment of damages – imprecise calculation of
quantum of damages – damage not in contemplation of the
parties.
EVIDENCE – Whether additional evidence was 'new –
relevance of evidence to matter on Appeal.
Manbead Pty Ltd v The Owners – Strata Plan No 87635
[2017] NSWSC 1629
APPEALS – application for leave to appeal against decision of
NCAT Appeal Panel on a question of law – no error of law
established BUILDING CLAIMS – claims by Owners Corporation
and individual lot owners in respect of common property –
whether Appeal Panel erred in assuming separate claims were
maintainable – whether Appeal Panel erred in declining to
consider Scott Schedule prepared after consent orders were entered
for purpose of determining whether claim exceeded Tribunal's
jurisdictional limit.
White v Sunrise Pools Australia Pty Ltd [2017] NSWCATAP
216
APPEAL - Home building – Where home owner represented by her
husband - Whether breach of procedural fairness – Whether
Tribunal complied with obligation to self-represented litigant or
non-legally trained agent – Whether Tribunal erred in
interpretation and application of Home Building Act – Whether
Tribunal erred in directing that the builder return to rectify
defects when the contract has been terminated.
Legislation
Bills revised following amendment in Committee –
week ending 24 November 2017
Building Products (Safety) Bill 2017
Bills passed by both Houses of Parliament – week
ending 24 November 2017
Building Products (Safety) Bill 2017
Bills assented to
Building Products (Safety) Act 2017 No 69 — Assented to
30 November 2017
For the full text of Bills, and details on the passage of Bills, see Bills.
Draft regulations
Environmental Planning and Assessment Amendment (Identification
of Buildings with Combustible Cladding) Regulation
2017
This regulation is currently open for public consultation until 16
February 2018. For more information see the Department of Planning
and Environment
website.
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.