In the media
Building Confidence: How to use engineers to improve
building and construction
Engineers Australia has published a vision for new
engineering roles as part of ongoing efforts to advance building
sector reform and restore confidence (25 June 2020).
More...
Final touches add certainty to HomeBuilder scheme:
HIA
HIA welcomes the release of crucial final touches to the
Federal Government's HomeBuilder scheme. "The addition of
this extra detail will clarify questions builders and home buyers
have been asking since the scheme was announced on 4 June (19 June
2020).
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Wake up call for labour hire employers on wages
An Australian Building and Construction Commission
(ABCC) audit of 63 labour hire employers revealed
a disappointing 79 per cent didn't meet all their obligations
under Australia's workplace laws (19 June 2020).
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Donald survived last summer's bushfires in his
bunker — but only Victoria makes them easy to install
Fire authorities around the country are weighing up the
risk of supporting personal bushfire bunkers and making them easier
for people to install, after all six Victorians who used their
accredited bunkers survived last summer (18 June 2020).
More...
Court decision clears way for cladding class action to
continue
A class action seeking product liability damages from a
cladding maker has scored a "major win" in the FCA,
paving the way for the lawsuit to continue, litigation funder Omni
Bridgeway says. The class action against 3A Composites and
Sydney-based HVG commenced last year and last February, it gained
approval from the court to also seek damages for false or
misleading representations (15 June 2020).
More...
Sydney could soon be home to a giant 'hybrid
timber' building
One of the world's leading cities, Sydney, Australia,
is home to some interesting architecture. In the years ahead, it
could be home to a building that uses timber, steel and solar
panels (25 June 2020).
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Western Sydney City Deal delivering jobs and community
infrastructure for the Parkland City
Activity across Western Sydney has cranked up a gear with
work commencing on the Campbelltown Billabong Parklands (24 June
2020).
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Registrations for engineers compulsory in NSW
Australia's three largest states now require engineers
to have compulsory registration after the New South Wales
government passed laws to reform the state's building sector.
The new laws, which will initially apply to professional engineers
in the civil, structural, electrical, mechanical and fire safety
engineering fields (23 June 2020).
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Practice and courts
ABCB: Your NCC Essentials are available now!
Access free NCC Essentials educational presentations on
NCC topics (17 June 2020).
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ABCB: Impacts associated with the implementation of the
BCR recommendations
The CIE is undertaking a survey on the potential impacts
associated with implementing recommendations in the Building
Confidence Report (16 June 2020).
More...
2020 National Housing Research Program commences
Research is underway for the suite of
projects funded by AHURI as part of the 2020 National Housing
Research Program (NHRP). The research will be
undertaken by collaborative teams from AHURI's eight national
university research partners.
More...
NSW Revenue: HomeBuilder program
HomeBuilder will provide eligible owner-occupiers
(including first home buyers) with a grant of $25,000 to build a
new home or substantially renovate an existing home where the
contract is signed between 4 June 2020 and 31 December 2020.
Construction must commence within three months of the contract
date.
More...
Cases
Strongbuild Pty Ltd v Lam [2020]
NSWSC 820
Defendants granted leave to serve further
evidence.
CIVIL PROCEDURE – application to rely on further evidence
CIVIL PROCEDURE – guillotine order
Mr and Mrs Lam now seek leave to rely on three further expert
reports which increase Mr and Mrs Lam's claim for defective
works from 11 items totalling $206,812.57 to 21 items totalling
$866,694.73.
Javam v Al-Amin (No 2) [2020] NSWCATAP
118
(1) The appellant shall pay the respondents' costs
of the application for a stay, as agreed or as assessed.
APPEAL – costs – costs of application for a stay
Civil and Administrative Tribunal Act 2013 (NSW), s 60; Civil and
Administrative Tribunal Rules 2014 (NSW), r 38, r 38A . The
substantive appeal to which this application relates stems from
proceedings between the appellant as builder and the respondents as
home owners in the Consumer and Commercial Division of the
Tribunal, for remedies under the Home Building Act 1989 (NSW).
Thornton v Desire Constructions Pty Ltd
[2020] NSWCATAP 116
(3) Desire Constructions Pty Ltd must pay Leanne Thornton
the sum of $11,446.77 being her costs of the proceedings at first
instance.
APPEAL – Leave to Appeal Costs – When determination is
to be made whether costs of the proceedings exceed $30,000.00
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014; Home Building Act 1989
Dynamic Excavation and Demolition Pty Ltd v Wei &
Ming Group Pty Ltd [2020] NSWSC 755
(1) The appeal is allowed. (2) The orders made by the
Local Court on 4 October 2019 are set aside.
APPEAL – Appeal from Local Court to Supreme Court –
Local Court Act 2007 (NSW) ss 39(1) and 40 – Local Court
proceedings concerning the existence and terms of, and payments
under, a contract for excavation and demolitions – Whether
reasons inadequate– Matter remitted to the Local Court for
hearing
Local Court Act 2007 (NSW); Uniform Civil Procedure Rules 2005
(NSW)
Javam v Al-Amin [2020] NSWCATAP 113
CONTRACT - Home Building Act - failure to progress the
works - findings available on the evidence - substantial breach
– repudiation - contractual rights and coexistence of common
law rights - procedural fairness - failure of
consideration."
Goncalves v Bora Developments Pty
Ltd; Bora Developments
Pty Ltd v Goncalves (No 2) [2020] NSWCATAP
112
(1) Pursuant to s 50{2) Civil and Administrative
Tribunal Act 2013 we dispense with a hearing with respect to the
cost issues in these appeals AP19/277713 and AP19/28235.
(2) With respect to both appeals AP19/277713 and AP19/28235, the
builder should pay the owner's costs of the appeals as agreed
or, in default of agreement, as assessed.
(3) The costs order made by the Tribunal in HB 18/13808 is set
aside.
(4) The costs of the initial proceedings in HB18/13808 and
HB18/16404 are costs in the cause on the remittal.
COSTS – in Consumer and Commercial Division – cross
appeals - costs on internal appeals – rule 38A of the Civil
and Administrative Tribunal Rules 2013 - amount in dispute exceeds
$30,000 – costs follow the event – whether costs order
should be made with respect to each appeal – one party
substantially successful on both appeals – issues in appeals
interrelated – single order for costs made in accordance with
usual rule
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2013; Home Building Act 1989
Legislation
Regulations and other miscellaneous instruments
Building and Development Certifiers Amendment (Provision of
Information) Regulation 2020
(2020-300) — published LW 26 June 2020
Building and Development Certifiers Amendment (Refund of Fees)
Regulation 2020
(2020-301) — published LW 26 June 2020
Home Building Amendment (Fees) Regulation 2020
(2020-314) — published LW 26 June 2020
Environmental Planning Instruments
State Environmental Planning Policy (Exempt and Complying
Development Codes) Amendment (Low Rise Housing Diversity Code)
2020
(2020-331) — published LW 26 June 2020
Bills introduced Government
Strata Schemes Management Amendment (Sustainability
Infrastructure) Bill 2020
19 June 2020
Bills, and details on the passage of Bills, see Bills.
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.
