In the media
BEC scams hit Australian construction sector
The Australian Cyber Security Centre has issued a high
alert for construction companies and their customers in Australia.
The ACSC has reported in the past six months there has been an
increase in cybercriminals targeting builders and construction
companies to conduct business email compromise scams within
Australia (09 July 2021).
More...
Australian PCI: Construction expansion hit with high
prices and capacity squeeze
The Australian Industry Group/Housing Industry Association
Australian Performance of Construction Index (Australian PCI®)
fell by a further 2.8 points to 55.5 in June, trending lower after
hitting a record high in March (readings above 50 indicate
expansion in activity, with higher results indicating a faster
expansion) (05 July 2021).
More...
Detached dwelling approvals remain elevated in May
The Australian Bureau of Statistics released its monthly
building approvals data for detached and multi-units data covering
all states and territories. "Detached approvals are expected
to remain elevated for several more months as approval authorities
work through the remaining HomeBuilder projects (05 July 2021).
More...
HIA: Loans for new home building remain elevated but
below peak
Confidence in the broader housing market is strong,
supported by low interest rates and ongoing house price
growth" added MsLillicrap."This has seen the number of
loans for established homes increase by 10.3 per cent in the three
months to May, reaching the third highest level since the series
began in 2002 (02 July 2021).
More...
Timber supply can't keep up with demand as housing
boom comes after Black Summer bushfires
The federal government is being urged to intervene in the
national timber industry, as the construction and forestry union
forecasts the sector will not be able to meet demand fuelled by the
national construction boom (02 July 2021).
More...
Intergenerational Report highlights urgent need for
reform
Australian Constructors Association CEO Jon Davies said
the report sends a clear message that Australia's productivity
performance needs to improve. Government and clients need to move
away from a focus on procuring based simply on lowest tender cost
and instead consider overall value and options for innovation (28
June 2021).
More...
Four big steps on the way to sustainable social
infrastructure
Our new report released with New Zealand Green Building
Council, Green Star in focus: The case for sustainable social
infrastructure, finds that sustainable infrastructure doesn't
just help governments achieve climate targets and reduce costs, it
also gives communities the healthy, sustainable and resilient
places they are asking for (28 June 2021).
More...
State of play: Local governments and city networks
accelerating climate action in Australia
As we move into the critical decade for climate action,
the ambition of local governments across Australia towards
significant emissions reduction in their communities make them the
perfect partner to deliver a national net zero target well before
2050, suggests a new report from ICLEI and the Global Covenant of
Mayors for Climate & Energy (28 June 2021). More...
New South Wales
New tool to determine quality and trustworthiness of New
South Wales residential buildings
The NSW Government has announced a collaboration to
develop a world-first construction assurance tool, utilising
multiple data points to help Fair Trading and the insurance
industry to access a residential apartment building's quality
and compliance with construction standards (09 July 2021).
More...
Latest infrastructure grants funding now open
The next round of the NSW Government's Infrastructure
Grants program opens, with community organisations impacted by
COVID-19 encouraged to apply for funding (05 June 2021).
More...
Construction watchdog: Body corporates are not reporting
known defects
Fewer than a fifth of new buildings in NSW with serious
defects had been reported to the government officials charged with
cleaning up the construction industry and restoring public
confidence (03 July 2021).
More...
Building sites fail on falls while solar firm fined
$300k
Employers across NSW are being put on notice after recent
SafeWork visits to construction sites in northern Sydney and the
Sutherland shire revealed more than 20 per cent of sites had
working at heights risks while two thirds required intervention on
unsafe practices (02 July 2021).
More...
List of developer's 'defective' residential
buildings in Sydney revealed in court
A string of "defective" residential buildings
across Sydney, constructed by developer Toplace, have been revealed
as part of a court battle between the company and shock-jock Ray
Hadley (03 July 2021).
More...
Sydney's fish market revamp leaves locals feeling
'cast aside'
Local community groups say they have had little say in
plans for the development, which include more than 1,000 apartments
to be built over the Sydney Fish Market site (02 July 2021).
More...
Residents banned from Sydney apartment block after
'serious defects' discovered
A 22-storey twin-tower complex in Parramatta in
Sydney's west is slapped with a serious defects prohibition
order, after the NSW Building Commissioner discovered major issues
with the development's "load-bearing component" (01
July 2021).
More...
Next stage for Sydney Metro West's nine new
stations
Construction plans are in motion for the next stage of the
Sydney Metro West project, involving nine new metro stations
between Westmead and Hunter Street in the CBD (pictured) and their
surrounding precincts. A Scoping Report, lodged with the Department
of Planning, Industry and Environment, is seeking approval for
major building works (30 June 2021).
More...
Queensland
Agreement for Burleigh Heads light rail
construction
The Broadbeach to Burleigh Heads light rail extension is a
step closer to beginning construction, with an early works
agreement seeing GoldlinQ and John Holland undertaking detailed
planning, identifying and inspecting underground services and
establishing a site presence along the 6.7km corridor (06 July
2021).
More...
Free help for builders and homeowners caught in COVID
storm
Homeowners and builders caught in the "perfect
storm" of rising prices and material shortages now have access
to free help to get their homes built. The Accelerated Builder /
Consumer Dispute (ABCD) service went live on July 1 with free
professional mediators to help frustrated homeowners and embattled
builders find a way to get their homes completed (05 July 2021). More...
Accelerated builder/consumer dispute process now
available
In response to our lobbying for industry in the face of
chronic trade and materials shortages and drastic cost hikes, the
QBCC has launched a new Accelerated Building/Consumer Dispute
process to help address the challenges currently facing the
residential construction industry (01 July 2021).
More...
New scaffolding rules protect building workers
New rules around scaffolding kick in from tomorrow to
protect the lives of Queensland construction workers (30 June
2021). More...
Victoria
Delivering a stronger social housing sector in
Victoria
The review into Victoria's social housing regulatory
system is underway, responding to significant changes in the sector
as the Andrews Labor Government builds thousands of new social
housing homes across the state uunder the 5.3 billion Big Housing
Build investment (02 July 2021).
More...
Preferred bidder selected for North East Link tunnelling
package
The Victorian Government has chosen a preferred bidder to
construct twin three-lane tunnels and key interchanges as part of
the North East Link tunneling package, to be delivered as a Public
Private Partnership. (29 June 2021).
More...
Practice and courts
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 The first stage of
articles and resources are being released
here.
Update: National Construction Code (NCC) 2022 public
comment draft (stage 1)
Please note The Australian Building Codes Board wishes to
advise that consultation on stage 1 of National Construction Code
2022 public comment draft has now been extended until 11 July.
More...
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.
More...
New South Wales
The draft Design and Building Practitioners Regulation
2020
The NSW Design and Building Practitioners Act 2020
provisions of the Act will commenced on 1 July 2021.
More...
Have your say on changes to how building design and
construction is regulated in NSW
The development of supporting regulations is the next step
on delivering on this piece of the Government's building reform
agenda, with the scheme commencing on 1 July 2021. In response to
your feedback, we've drafted a report that explains the changes
that were made to the draft Regulation.
More...
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
Master Builders Qld: Scaffolding Code of Practice 2021
comes into effect 1 July
The Scaffolding Code of Practice 2021 comes into effect
from 1 July 2021.
More...
QBCC: No increase for Queensland Home Warranty Scheme
premiums
The premium review for the financial year 2021-2022 has
been finalised. We can confirm that premiums for residential
construction will not increase for the financial year, from 1 July
2021. When calculating the premium payable, contractors should use
the insurance premium fee tables that are effective from 1 July
2020. You can find these tables on the
Insurance premium fees page on our 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
Advancing Victoria's climate change strategy
Rebates of $4,000 per home are now available for builders
who take on the development of 7-star NatHERS rated homes. The 7
Star Homes program forms part of the Victorian Government's 1.6
billion Clean Energy package and will support Victoria's
Climate Change Strategy to cut emissions by 28 per cent to 33 per
cent by 2025 and 45 per cent to 50 per cent by 2030. To learn more
about the program or to register for a rebate or training
opportunity, visit
7 Star Homes Program (updated 02 June 2021).
Consumer Affairs Victoria: Engineers have their say on
proposed registration fees
The Victorian Government is inviting feedback before new
fees are set for the registration and endorsement of professional
engineers under new laws starting on 1 July 2021. For more
information, view
Professional engineers.
here
VBA: Revised AS/NZS plumbing standards –
transition period
The VBA has applied a transition period for plumbers to
familiarise themselves with revised AS/NZS standards, before they
need to be applied to plumbing practices on 1 September 2022.
More...
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 DEAL S.R.L.
[2021] NSWSC 820
COMMERCIAL ARBITRATION – claim under the Australian
Consumer Law – alleged pre-contractual representations
– proceedings commenced on last day of limitation period
– application for stay – whether court or arbitrator
should determine scope of arbitration clause –
kompetenz-kompetenz – principles at [48]-[59] – prima
facie approach applied – arbitrator to determine jurisdiction
– proceedings stayed. CONDITIONS OF STAY – plaintiff
seeks conditions on stay regarding limitation period and applicable
law – principles at [92]-[111], [116]-[117] – condition
regarding limitation period would substantively alter rights
– conditions not imposed
Seeks an order under section 7(2) of the International Arbitration
Act 1974 (Cth) for these proceedings to be stayed and referred to
arbitration in Singapore by reason of an arbitration clause in its
contract with the plaintiff, CBP Contractors Pty Ltd (formerly
known as Leightons Contractors Pty Ltd).
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.
