In the media
Soft landing for house builders according to National
Survey
December quarter 2017 National Survey points to soft landing for
residential building market (25 January 2018).
More...
Firefighters Union concerned about unresolved flammable
cladding issue
The United Firefighters Union has expressed concern about the
Federal Government's inaction on regulating the dangerous use
of flammable cladding in the building industry (25 January 2018).
More...
Consumers opting for houses over units
An impressive increase in standalone home building is a sure sign
houses are making a comeback over units, with the latest figures
from the Australian Bureau of Statistics showing a 14 per cent
increase in dwelling commencements over the 3 months to September
2017 (23 January 2018).
More...
Design Futures Council gets Australian
chapter
A think tank formed to help navigate global trends, challenges and
opportunities for innovation in the architecture, engineering and
construction sectors has launched an Australian chapter (23 January
2018).
More...
Premier Berejiklian must maintain momentum to fix
housing affordability
One year in to Premier Berejiklian's time as Premier, the NSW
Government must continue to embrace progress and implement reforms
to improve housing affordability in NSW, according to the Property
Council of Australia (23 January 2018).
More...
New state apprenticeship act to 'strengthen'
industry ties
Changes to laws governing the New South Wales' apprenticeship
system will make it more responsive to the demands of the
contemporary workplace. The Apprenticeship and Traineeship
Amendment Bill 2017 came into effect on 1 January (19 January
2018).
More...
Published
Australian Bureau of Statistics
17/01/2018 –
Building Activity, Australia, Sep 2017 (cat no. 8752.0
17/01/2018 –
Construction Activity: Chain Volume Measures, Australia, Sep
2017 (cat no. 8782.0.65.001)
17/01/2018 -
Housing Finance, Australia, November 2017 (cat no. 5609.0)
Practice and courts
ABCB: Preview of NCC 2016 Volume One Amendment
1
The Amendment preview and Evidence of Suitability handbook are now
available. Accompanying the preview is a
summary of changes, the
Consolidated Performance Requirements preview and a new
Evidence of Suitability Handbook (19 January 2018).
More...
ABCB: Adoption of NCC 2016 Volume One Amendment 1 - Key
dates
12 March 2018 - NCC 2016 Volume One Amendment 1 is scheduled for
adoption by all States and Territories from 12 March 2018.
This amendment is the result of a
Building Ministers' direction to the ABCB to expedite
completing and adopting actions involving changes to the NCC from a
comprehensive package of measures for fire safety in high rise
buildings developed following the Lacrosse Apartments fire in
Melbourne.
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. More...
Proposed Reforms for Buildings with Combustible
Cladding
The NSW Department of Planning and Environment
(DP&E) has released a package of proposed
reforms requiring owners to: register their building/s with the NSW
Government and engage an expert to do a fire risk assessment of the
cladding. Councils and Fire and Rescue NSW will have powers to
direct owners to register their buildings within a set timeframe if
they have not already done so. The package is on exhibition until
16 February 2018.
More...
Cases
Maiolo v Chiarelli [2018] NSWCATAP 28
(1) The decision of the Appeal Panel given on 11 April 2016 and
amended on 19 April 2016 is varied to include the following order:
Frank Chiarelli and Vicki Woodward must pay John Peter Maiolo the
sum of $20,900.66 immediately'.
Remit of proceedings from the Supreme Court pursuant to section 83
of the Civil and Administrative Tribunal Act 2013 –
costs – finding of special circumstances.
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014; Home Building Act
1989.
Staniland v Integrity New Homes Pty Ltd (No. 2) [2018]
NSWCATAP 24
(1) The appellants are to pay 50% of the respondent's cost of
the appeal, as agreed or assessed on an ordinary basis.
Costs - Costs of appeal involving claim originally brought in the
Consumer Trader and Tenancy Tribunal, the applicability of rule 38A
of the Civil and Administrative Tribunal Act 2013.
Discretion - Calderbank offer, special order for costs, relevance
in determining what costs order should be made, both parties
addressing irrelevant issues, assessment based on issues.
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014; Consumer Trader and Tenancy Act
2001; Consumer Trader and Tenancy Regulation 2009; Home Building
Act 1989.
Hanna
v Semaan as the Administrator of the Estate of the late Nelson
Semaan [2018] NSWCATAP 21
(1) Leave to appeal is refused and the appeal is dismissed.
PRACTICE & PROCEDURE. Meaning of a "decision" -
whether Tribunal functus officio - whether leave to appeal out of
time should be granted.
Civil and Administrative Tribunal Act, 2013; Civil and
Administrative Tribunal Rules 2014; Home Building Act
1989.
Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP
23
Home Building Act – s 48MA, preferred outcome principle,
relevant considerations. Fair Trading Act - s 79U - applicability
in determination of claims under the Home Building Act -
modifications required by Home Building Act - relevance of s 48MA
of Home Building Act in application. Discretion - Order making
power under s 48O of Home Building Act - application of preferred
outcome principle.
Heritage Master Builders Pty Ltd v Lu [2018] NSWCATAP
16
Expert evidence - reliance on quotation from unlicensed builder,
expert not expressing view on issue for determination, ability of
Tribunal to reach relevant decision. Procedural fairness - late
delivery of report, party deciding not to seek adjournment -
Civil and Administrative Tribunal Act 2013; Home Building Act
1989.
Singh v Verdi Group Pty Ltd [2017] NSWCATCD
94
Home Building – Breach of Contract – misleading and
deceptive conduct.
Bailey v Champion Homes Sales Pty Ltd [2017] NSWCATCD
91
Home building; variations; contract period; works period;
restitution; mistake; failure of consideration; breach of warranty;
damages.
Grace v Pepe [2018] NSWCATAP 19
COSTS-Error of law - building dispute - costs decision - leave to
appeal.
Younan v Commissioner for Fair Trading [2018] NSWCATOD
9
HOME BUILDING – disciplinary action – whether company
of which the applicant was a director failed, without reasonable
cause, to comply with a rectification order - whether applicant
guilty of improper conduct – what penalty should apply. COSTS
– whether special circumstances – respondent acted
without jurisdiction in relation to the issuing of a rectification
order.
Champion Homes Sales Pty Ltd v Commissioner for Fair
Trading [2018] NSWCATAP 18
Disciplinary proceedings - "parity principle", meaning
and applicability, different penalties for licensed contractor
company, directors and supervisor. Discretion - error of law,
circumstances in which Appeal Panel can intervene.
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.