In the media
Small business to be biggest winners from reno
boom
More than 370,000 SME builders and tradies will be big winners as
Aussie homeowners spend an expected $44 billion renovating their
properties over the next five years, according to Denita Wawn, CEO
of Master Builders Australia (22 February 2018).
More...
Strata stakeholders in turmoil over cladding
crisis
Strata owners corporations are facing insurance premium rises of
300 per cent in response to the flammable cladding crisis, while
one Sydney owner we spoke to is facing serious financial hardship
from replacement costs. There's an urgent need for
accountability but little action (22 February 2018).
More...
NSW Defect Bond Scheme is beset with
problems
Few issues force politicians to act on dodgy building practices
more than reports of 85 percent of new apartments being riddled
with defects (23 February 2018).
More...
NSW helps homeowners search for home
cover
The NSW Government has produced an online tool allowing homeowners
to independently check if their building or renovation works have
valid insurance certificates. The Home Building Compensation Check
includes details of more than 460,000 projects in the state (12
February 2018).
More...
First home buyers turning the tide in NSW
First homebuyers are flocking back into the NSW housing market with
the number of people taking advantage of the NSW Government's
stamp duty concessions more than tripling since the Government
introduced its housing affordability package last year (11 February
2018).
More...
Published
Paying for affordable housing in different market
contexts
Bill Randolph, Laurence Troy, Vivienne Milligan, Ryan van den
Nouwelant; Australian Housing and Urban Research Institute: 14
February 2018
This study analysed recently completed affordable housing
developments across Australia to ascertain how affordable housing
project costs, revenues and subsidies interact. More...
The Bottom Line: The household impacts of delaying
improved energy requirements in the Building Code
Australian Sustainable Built Environment Council
(ASBEC) and ClimateWorks Australia (interim
Report) February 2018. The full report will be released in early
2018.
The report finds that simple energy efficiency changes –
such as sealing air leakages, installing ceiling fans in warmer
climates, and improving insulation in cooler climates – could
cut energy consumption for heating and cooling by up to 51 per cent
across a range of housing types and climate zones.
More...
ACI Construction Briefs
A fortnightly communication highlighting key updates related to
Australia's construction industry.
ACI Construction Brief: Everybody has a view, but ... (19
February 2018)
Australian Bureau of Statistics
21/02/2018
Construction Work Done, Australia, Preliminary, Dec 2017 (cat
no. 8755.0)
Practice and courts
Construction code changes planned
The Australian Building Codes Board is seeking feedback on proposed
changes to the National Construction Code 2019. The
changes included improved fire safety measures, and removing the
ability to use bonded laminated material where a non-combustible
material is required.
here
NCC 2019 Public Comment Draft addendum
[2]
An addendum has been issued for NCC 2019, Volume Two - Version 1.1
(20 February 2018).
More...
ABCB: 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. NCC 2016 Volume One Amendment
1 is scheduled for adoption by all States and Territories from 12
March 2018.
ABCB: NCC 2019 Public Comment Draft is now
available
The consultation period for proposed changes for NCC 2019 is now
open and the ABCB is seeking your feedback. Full details of the
changes are provided in the
NCC 2019 Public Comment Draft. Feedback should be
submitted using the
NCC response sheet and uploaded to the
online form located on the ABCB website. Submissions close
13 April 2018.
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. More...
Economics References Committee Inquiries
Governance and operation of the Northern Australia Infrastructure
Facility (NAIF)
Status: Submissions Closed Date Referred: 14 June 2017 Reporting
Date: 24 April 2018.
Non-conforming building products
Status: Submissions Closed Date Referred: 11 October 2016
Reporting Date: 30 April 2018.
Cases
Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP
45
CONSTITUTIONAL LAW – judicial power – whether Civil and
Administrative Tribunal (NSW), NCAT, exercises judicial power
– whether NCAT exercises judicial power when determining
matters under the Residential Tenancies Act 2010 (NSW)
– NCAT exercises judicial power.
CONSTITUTIONAL LAW – Chapter III courts – defining
characteristics of Chapter III courts – whether Civil and
Administrative Tribunal (NSW), NCAT, a "court of a State"
within Chapter III – NCAT is a court of a State for the
purposes of Chapter III.
COURTS AND TRIBUNALS – Civil and Administrative Tribunal
(NSW), NCAT – jurisdiction of NCAT – whether Tribunal
has authority to adjudicate in matters under the Residential
Tenancies Act 2010 (NSW) between residents of different states
– NCAT has authority to adjudicate.
COURTS AND TRIBUNALS – courts of record – Civil and
Administrative Tribunal (NSW), NCAT – whether NCAT a court of
record – NCAT a court of record.
NCAT matters that involve the exercise of judicial power but which
were not dealt with by the former ADT include, without attempting
to be exhaustive: Home building matters.
Maxcon
Constructions Pty Ltd v Vadasz [2018] HCA 5
Administrative law – Judicial review – Building and
Construction Industry Security of Payment Act 2009 (SA)
– Where subcontract provided for sum to be paid to
subcontractor after issue of certificate of occupancy – Where
issue of certificate of occupancy required certification from
builder that building work performed in accordance with head
contract – Where adjudicator appointed to determine disputed
payment claim – Where adjudicator determined provisions of
subcontract ineffective because pay when paid provisions –
Whether adjudicator's determination involved error of law
– Whether adjudicator's determination should be
quashed.
Administrative law – Judicial review – Availability of
certiorari – Error of law on face of record – Whether
Building and Construction Industry Security of Payment Act
2009 (SA) ousts jurisdiction of Supreme Court of South
Australia to make order in nature of certiorari to quash
adjudicator's determination for non-jurisdictional error of law
on face of record.
Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty
Ltd [2018] HCA 4
Administrative law – Judicial review – Availability of
certiorari – Error of law on face of record –
Non-jurisdictional error – Building and Construction
Industry Security of Payment Act 1999 (NSW) – Where Act
confers entitlement to "progress payment" on persons who
undertake to carry out construction work under construction
contracts and provides scheme for determining disputed claims
– Where first respondent made claim for progress payment
– Where claim referred to adjudicator for determination
– Where adjudicator made error of law in reasons for
determination – Where reasons form part of record –
Whether Act ousts jurisdiction of Supreme Court of New South Wales
to make order in nature of certiorari to quash determination for
non-jurisdictional error of law on face of record.
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.
