In the media
Building expert says Australians can benefit from
European fire safety practices
The presentation from Modern Building Alliance Executive
Chair Quentin de Hults at the Australian Modern Building
Alliance's Fire Safety 2021 Conference & Tradeshow saw
European data presented to Australian building personnel that
highlighted seven layers of fire safety in buildings (13 May 2021).
More...
A road map to improve the fire safety in buildings
The Australian Modern Building Alliance outlined a
holistic approach to the fire safety in buildings at the Fire
Conference 2021 Conference, highlighting seven layers of fire
safety in buildings and a proposed European regulatory framework
known as BIO - covering building, installation, and organisational
requirements for fire safety in high-rise buildings (12 May 2021).
More...
A resilient Australia is a sustainable Australia, says
nation's green building authority
A $15.2 billion boost for infrastructure, new agencies to
enhance resilience and climate research, and $1.2 billion for green
technology are among the measures welcomed by GBCA. The federal
government is building on its 10-year $100 billion infrastructure
pipeline with an extra $15.2 billion for projects drawn from
Infrastructure Australia's priority list, (12 May 2021).
More...
HIA: Housing and jobs lead economic recovery
Tonight's Budget will help support the home ownership
aspirations for thousands of households and create more
opportunities for young people to embark on careers in the housing
industry (11 May 2021). More...
Federal budget maintains historic high on Infrastructure
funding
The Federal Government has walked its talk on
infrastructure funding backing up last year's record spending
with an even bigger outlay in this year's Budget, said industry
think tank Infrastructure Partnerships Australia (11 May 2021).
More...
HIA: Support for home ownership will help families
The announcement of new support measures aimed at helping
families into their own home will make a real difference in the
lives of thousands of Australians. "Research in 2019 found
that 92 per cent of renters aspire to own their own home yet just
49 per cent of renters felt they would achieve home ownership (08
May 2021). More...
First home buyers have driven demand
There were over 155,000 loans issued to first home buyers
over the past 12 months. This is the most loans to first home
buyers since the post-GFC stimulus measures
in 2009 and 50 per cent higher than the long-term average" (07
May 2021). More...
New home sales halve as HomeBuilder winds up
New home sales halved nationally in April as the federal
government's $25,000 HomeBuilder stimulus package came to an
end, new figures from the Housing Industry Association reveal (13
May 2021). More...
Report: More funding needed for civil construction
A Civil Contractors Federation National commissioned
economic report has found that there needs to be additional civil
construction funding to garner economic and employment growth in
the recovery from COVID-19. The study, also analyses the risks to
an infrastructure-led recovery that require urgent attention by all
levels of government (10 May 2021). More...
Construction Code changes can future-proof homes
Australia's building ministers at their meeting on
April 30 decided to include minimum accessibility standards in the
2022 National Construction Code. The new standards will come into
effect in September 2022 and reflect the fact that our housing
needs are changing as our population ages (07 May 2021)3. More...
How spending on sustainable infrastructure will lift
Australia up
Australia has a once-in-a-generation opportunity to make
our country more resilient, prosperous and sustainable. Last month,
Infrastructure Australia released its new Sustainability
Principles, meaning that for the first time, sustainability will
inform its appraisal of infrastructure priorities across social,
economic, environmental and governance parameters (05 May
2021). More...
Over $100 million to build Australia's first
large-scale hydrogen plants
On behalf of the Australian Government, the ARENA has
announced that it has conditionally approved $103.3 million towards
three commercial-scale renewable hydrogen projects, as part of its
Renewable Hydrogen Deployment Funding Round (05 May 2021). More...
Helping communities rebuild and recover from natural
disasters
By bringing together critical data from the nation's
key climate research institutions, the Australian Climate Service
will not only help save lives and money through a more informed
emergency response, it will inform long-term planning for
infrastructure, housing and basic services like power,
telecommunications, and water (05 May 2021). More...
Hazard 2020 - scaffolding audit results continue to
raise concern
The latest Hazard 2020 safety campaign data up to the end
of April 2021 continues to show that while accredited companies are
making solid progress in improving the safety of mobile plant,
compliance with scaffolding requirements remains too low (04 May
2021). More...
New South Wales
'Structural issues' found in 'luxurious'
Sydney apartment tower
One of Sydney's biggest residential property
developments is under review amid the discovery of "structural
issues" that will require "specialist engineering
advice" (13 May 2021). More...
Sydney's newest metro stations revealed
Pyrmont and Hunter Street have been announced as the
locations for two new metro stations in Sydney's CBD as part of
the Sydney Metro West project (12 May 2021). More...
Central Coast Highway upgrade contract awarded
The NSW Government has awarded the concept design contract
for its 3.8km Central Coast Highway upgrade between Wamberal and
Bateau Bay. WSP Australia was awarded the contract (10 May 2021).
More...
New South Wales proposes Australia's longest road
tunnel
The NSW Government is exploring the potential for a new
11km tunnel as a critical component of an upgraded Great Western
Highway between Katoomba and Lithgow, which would be the longest
road tunnel in Australia (03 May 2021). More...
Queensland
Federal funding for Gold Coast Light Rail
The Gold Coast Light Rail project will receive $126.6
million in federal funding to create more jobs, boost investment
and improve local transport connections. This additional funding
brings our total commitment to Stage 3 of the light rail to $395.6
million, helping deliver what is the most significant transport
infrastructure project ever carried out on the Gold Coast (10 May
2021). More...
Coomera Connector's preferred northern route
confirmed
The preferred route for the new Coomera Connector's
northern section has been identified following an independent study
of potential routes, with $1.5 billion in funding already secured
for stage one of the project. The route is proposed to cross
the Albert River east of Eagleby, connecting to the M1 and Logan
Motorway at Loganholme (04 May 2021). More...
Victoria
Castlemaine ecovillage to launch 12 more low impact
living homes
The Paddock, one of Victoria's premium sustainable
housing projects, is all set to release the final stage of the
ecovillage development with 12 more homes boasting a suite of
liveability and resilience features to adapt to current and future
climate change challenges (14 May 2021). More...
Suburban Rail Loop tracks ahead
Pre-construction works are gathering pace for
Melbourne's Suburban Rail Loop, and three construction
companies are vying to deliver the first phase of construction. CPB
Contractors, John Holland and Laing O'Rourke are lining up to
deliver the first phase of construction on the mega project (10 May
2021). More...
Cladding enforcement to restore consumer
confidence
Dozens of building practitioners linked to 790 properties
with unsafe, non-compliant combustible cladding have been the
subject of enforcement action by the Victorian Building Authority
(10 May 2021). More...
Regulator warns of silent killer in Victorian
homes
As gas heaters fire up in homes across Victoria this
winter, the Victorian Building Authority (VBA) is alerting plumbers
and consumers to the deadly risk (7 May 2021). More...
Contracts awarded for Princes Highway duplication
The Federal and Victorian Governments have awarded
construction contracts for the final 43km of the Princes Highway
duplication between Traralgon and Sale in eastern Victoria (03 May
2021). More...
Building regulator welcomes accessible housing
reforms
The VBA has welcomed the adoption of mandatory
accessibility standards in the National Construction Code. The new
mandatory standards, which will take effect in 2022. Livable
Housing Design Guidelines silver standards will ensure basic
accessibility features are included in all newly constructed homes
and apartments (01 May 2021). More...
Practice and courts
HIA: Have your say on changes to the building code for
2022
HIA encourages all members to take time and review the
changes to the National Building Code that will impact on housing
from September 2022. (11 May 2021). More...
ABCB: Improvements to the code's structure and
format will be implemented for NCC 2022
To guide users through the changes, the ABCB has developed
a range of supporting resources that will be released in stages
leading up to the publication of the NCC 2022 Public Comment Draft
on 10 May 2021.
The first stage of articles and resources are being
released here
Adoption of NCC 2022 to be delayed
The delayed adoption will also see adjustments to key
dates in the amendment cycle process for NCC 2022 to allow
stakeholders time to participate. These adjusted dates
include:
May - July 2021: NCC 2022 Public Comment Draft released for public
consultation
May 2022: NCC 2022 Preview published at ncc.abcb.gov.au
If you have any questions regarding the delayed adoption of NCC
2022, please submit an online enquiry.
Comcare Consultation: Proposed change to plant
registration - removal of a condition
Comcare is considering removing its imposed condition on
all plant registrations that "a registration holder must
notify Comcare annually of any maintenance, repair, inspection or
testing of an item of plant". Plant includes items such as
cranes, machinery, vehicles, forklifts, lifts, boilers, gas
cylinders, Comcare invites submissions on the proposed removal of
the condition until 24 June 2021 (14 May 2021). More...
New South Wales
Conflicts of interest - savings and transitional
arrangements
Clause 71 of the Regulation introduces savings provisions for
certain conflict of interest situations where the certifier was
appointed before 1 July 2020 and the work will be completed before
1 July 2022. The provisions relate to council-certified
developments and to developments where the certifier gave advice on
how to comply with the BCA deemed to satisfy provisions. For
all the changes, access the Amendment Regulation here.
New mandatory standards for building rectification
The standard will be reviewed and updated prior to the 1
July 2021 commencement of the Government's game changing
building reform agenda underpinned by the Design and Building Practitioners Act
2020.
The first Practice Standard will initially apply to certifiers
working on residential apartment buildings, where the majority of
problems and complaints have been received. The Practice Standard for registered
certifiers is available on the Fair Trading NSW
website.
Queensland
QBCC: The new fire protection licensing framework
commenced on 1 May 2021
If you perform fire protection work, make sure you know
what the changes mean for you. More...
State Infrastructure Strategy announcement
A new State Infrastructure Strategy will be
released in conjunction with seven regional infrastructure plans in
aid of supporting our post COVID-19 economic recovery. This follows
the recent announcement of the formation of a Growth Areas Delivery Team to address land
supply issues in SEQ.
To find out more about the strategy, please click here. You're invited to have your say and
help shape the State Infrastructure Strategy. You can share
your views via the survey. Consultation closes on 31
May 2021.
QBCC: Time is running out to complete your obligations
under Queensland's Safer Buildings Program
Owners of buildings that meet the legislated definition of
'
private building' have a responsibility to comply with the
program by completing the combustible cladding checklist
(Checklist) by no later than 3 May 2021. Failure
to complete the Checklist is an offence and QBCC will use all
avenues within its regulatory powers to ensure compliance with the
Checklist. For more information to help you complete the Checklist,
visit the resources page of the Safer Buildings
website.
QBCC reminder: Extension to PI insurance cladding
exemption
The Building (Professional Indemnity Insurance) Amendment
Regulation 2020 commenced on 18 September 2020, giving effect to
the extension of the external cladding exclusion. Now, certifiers
can continue to obtain a licence to operate with PI insurance
containing exclusions in relation to non-compliant external
cladding until 30 June 2022. More...
Build-to-Rent update - approved
projects
The Queensland Government has approved two Brisbane-based
affordable housing projects by developers following a Request for
Detailed Proposals from shortlisted applicants from the Expression
of Interest Phase of the Pilot Project. It is anticipated
construction will commence mid-2021 following the finalisation of
designs for the projects, with operations expected to commence in
2023. More...
Victoria
VBA: Fire protection equipment servicing
registration/licensing deadline extended
Anyone working on the routine servicing of fire protection
equipment must be registered or licensed with the VBA. After 31
July 2021, unregistered or unlicensed practitioners carrying out
this work will be subject to VBA enforcement action. Due to
COVID-19, the date for registration/licensing was extended from 31
December 2020 to 31 July 2021. More...
VBA: Carpenters selected for first stage of trades
registration
Carpenters will be the first group of trades registered
under Victoria's recently developed trades registration
framework. Provisional registration and licensing for carpenters is
expected to commence in mid-2021. For more information and answers
to frequently asked questions, refer to the Engage Victoria website
Cases
New South Wales
CPB Contractors Pty Ltd v Transport
for NSW [2021] NSWSC
537
CONTRACTS - Expert determination regarding contract to perform road
widening works on Pacific Motorway - where expert determined issue
adversely to plaintiff - where plaintiff commenced proceeding to
reagitate that issue - whether plaintiff precluded by the terms of
the contract from litigating that issue- whether an expert
determination that no further compensation is payable is a
determination that does not involve paying a sum of money CONTRACTS
- provision for expert determination - whether there was a
deficiency or error in determination that disclosed expert did not
make a determination in accordance with the contract PRACTICE AND
PROCEDURE - expert determination as to part of the claim the
subject of the proceedings - whether proceedings commenced in the
face of an expert determination should be stayed in part.
MGW Engineering Pty Ltd t/a Forefront
Services v CMOC Mining Pty Ltd [2021]
NSWSC 514
BUILDING AND CONSTRUCTION - whether payment claims under Building
and Construction Industry Security of Payment Act 1999 served on 3
or 4 February 2021 - whether service was effected on 3 February by
delivering personally or by lodging during normal office hours or
in accordance with construction contract - meaning of delivering
personally - meaning of lodging at ordinary place of business -
whether service effected in the manner provided under the
construction contract - whether provision in construction contract
that delivery after 4pm taken to be effected the following day void
by reason of s 34 of the Act - whether principal entitled to
specific performance of obligation to produce steel and shop
drawings.
Maaz v Fullerton Property Pty
Ltd [2021] NSWCA 79
BUILDING AND CONSTRUCTION - payment claim by builder - false
statutory declaration in support of payment claim - statement by
builder that all subcontractors paid - claim paid by principal -
principal liable to unpaid subcontractors - Contracts Debts Act
1997 (NSW), s 5 - proceedings against builder for moneys paid by
principal directly to subcontractors EVIDENCE - admissibility -
hearsay - exceptions - business records - where business records of
subcontractor tendered to prove unpaid debt - whether authenticity
of document may be determined on the basis of inferences drawn from
its form, contents or source - whether production on subpoena
necessary - provenance and accuracy of the documents not challenged
EVIDENCE - admissibility - business records -records of a party -
whether records of third party warrant discretionary exclusion -
whether weight sufficient to establish deceit TORTS - deceit -
misleading and deceptive conduct - false statutory declaration in
support of payment claim - statement by builder that all
subcontractors paid - statement known to be false - claim paid by
principal - principal liable to unpaid subcontractors - loss
suffered - payments to subcontractors recovered.
Queensland
Total Lifestyle Windows Pty Ltd v Aniko
Constructions Pty Ltd & Anor [2021]
QSC 92
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS -
REMUNERATION - STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY
OF PROGRESS PAYMENTS - ADJUDICATION OF PAYMENT CLAIMS - where
adjudicator determined against claimant's payment claim to
reach adjudicated amount of nil - whether respondent's reasons
were "new reasons" not raised in payment schedule -
whether adjudicator, in improperly considering new reasons, fell
into jurisdictional error - whether adjudicator, failing to
consider a relevant document, fell into jurisdictional error.
Building Industry Fairness (Security of Payment) Act 2017 Qld s 69,
s 82, s 88, s 98(3).
Victoria
Walsh Engineering Services Pty Ltd (in
liq) & Ors v Walsh Group (Aust) Pty Ltd &
Ors [2021] VSC 206
CORPORATIONS - Insolvency - Corporations Act 2001 (Cth) - s 588G -
Insolvent trading - s 9(b)(i) - Directorship - Husband of director
held to be de facto director and subject to insolvent trading
provisions - s 588G(2) - Whether debt incurred when company was
insolvent - Whether reasonable grounds to suspect insolvency -
Whether directors aware of grounds to suspect insolvency - Whether
reasonable person in like position would suspect insolvency -
Statutory defences - s 588H(2) - Whether directors had reasonable
grounds to expect solvency - s 588H(3) - Whether directors had
reasonable grounds to believe competent and reliable person
providing information about solvency - s 588H(4) - Whether because
of illness or some other good reason director did not take part in
management of company
DEBT - Claim in debt by company in liquidation against related
company - Inter-company transactions - Whether financial reports
more reliable than general ledgers in identifying amount owing as
between companies.
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.