In the media
Sentinel's Build to Rent is Australia's first
carbon neutral certified apartment building
A Build to Rent project in Subiaco, Western Australia has
become the first Carbon Neutral Certified apartment building in
Australia under the Climate Active Carbon Neutral Standard for
Buildings (21 July 2021). More...
Building resilient telecommunications
infrastructure
Australia's national science agency, CSIRO, and Optus
have released findings of a joint nationwide project to improve
bushfire resilience of critical telecommunications. The research
analysed where there is risk of damage to the network and where
upgrades could reduce vulnerability to future bushfire events (21
July 2021). More...
QLD-NSW Interconnector upgrade reaches milestone
TransGrid's QLD-NSW Interconnector upgrade is 80 per
cent complete and has moved from the civil construction stage to
the electrical stage - once complete the interconnector will ensure
reliable and low cost energy sharing (20 July 2021). More...
Infrastructure Australia launches enhanced Assessment
Framework for major infrastructure proposals
Infrastructure Australia has published new guidelines for
the development and assessment of major infrastructure proposals.
These provide clear and concise instructions on how to develop
strong business cases and aims to streamline approval processes (16
July 2021). More...
Industry leaders sign on to open letter calling for
urgent industry reform
Key industry groups involved in delivering the majority of
the Australian Government's record $110 billion investment in
infrastructure projects are calling for urgent reforms to address
the industry crisis. Australian Constructors Association Chief
Executive Officer Jon Davies said government procurement processes
are a major contributor to the crisis (16 July 2021). More...
Security of payment research report - our impact
EY Sweeney was commissioned to conduct an independent
review into the ABCC's SoP activities. The report, which is
available on the ABCC website, found the ABCC's education
activities and materials were having a noticeable, positive impact
on stakeholder behaviours - with more head contractors
self-reporting SoP matters to the ABCC (13 July 2021). More...
Funding boost for road safety innovation
Forty projects aimed at reducing road fatalities will
benefit from a share of $10 million over the next three years under
Round 2 of the Australian Government's Road Safety Innovation
Fund (09 July 2021). More...
New South Wales
Watchdog orders more defects to be fixed in Sydney's
Opal Tower
The orders were issued after inspectors found incorrectly
fitted shades on the tower's facade and fire-safety problems
(23 July 2021). More...
Moving towards reopening of Sydney construction
sites
The Australian Constructors Association welcomes advice
that Sydney construction sites are confirmed to reopen on 31 July
2021 (20 July 2021). More...
Acciona JV wins $2bn Metro West project
Construction will start on the 11-kilometre twin metro
rail tunnels between Sydney Olympic Park and The Bays after the
Acciona joint venture secured the $2 billion contract (16 July
2021). More...
Crown's prized $2.2bn Sydney tower is leaking water
less than a year after being built
The 271 metre tower became the tallest in Sydney when it
opened in December but work is now underway to fix an issue in its
basement (13 July 2021). More...
New South Wales Government's $100 million stimulus
spend supported 150 projects
Over 150 road and rail projects have been funded by the
NSW Government's $100 million stimulus spend on roads and
maintenance - as part of the $2.3 billion COVID-19 package
announced in March 2020 (13 July 2021). More...
Queensland
Exit plan to bust M1 congestion
Work on a major upgrade of the M1 Exit 41 at Yatala South
has started, while residents also get their first look at proposed
plans for a redesigned Exit 49 at Pimpama (15 July 2021). More...
First glimpse at Gold Coast light rail designs beyond
Burleigh
The Queensland Government has published a detailed
animation giving a first look at a potential future light rail
route beyond Burleigh as community consultation begins. The
Queensland Premier said major transport infrastructure projects
like the light rail were an important part of the state's
COVID-19 Economic Recovery Plan (14 July 2021). More...
Queensland resources communities to get $100 million
Infrastructure boost
Queensland's resource communities can apply for
funding for infrastructure projects that will benefit the community
and the regional workers and their families that live in those
communities (13 July 2021). More...
Victoria
Construction sector urged to watch out for email
scams
The VBA is warning builders and plumbers about a growing
trend of cybercriminals targeting construction companies and their
customers via business email compromise scams (21 July 2021). More...
Drainage inspections yield record penalties and
infringement notices
Plumbing practitioners have been fined a record amount
during the past year for failing to provide drainage inspections.
The VBA issued 257 infringement notices, a total of $127,472 during
the 2020-21 financial year (20 July 2021). More...
Bye bye boom gates: Elevated rail to remove level
crossings
New station locations have been revealed and a
single-structure elevated rail solution along key sections of the
track has been announced as the preferred option to remove five
level crossings along the Armadale Line throughout Victoria (19
July 2021). More...
Construction tenders out for 10 new Government
schools
Tenders for construction have been put out as part of a
$491.6 million investment to build 10 of the 13 new schools,
contributing to the Labor Government's promise to opening 100
new schools across the state by 2026 (15 July 2021). More...
Connecting Victorian jobseekers with big build
projects
The Andrews Labor Government is making it easier for
Victorians to find work on some of the state's biggest
infrastructure projects, with the launch of the new North East Link
Skills and Jobs Centre (13 July 2021). More...
Practice and courts
ABCB: The process for developing Performance Solutions
A2.2(4) is now in effect
What this means is that the NCC provisions for developing
Performance Solutions is now legislated under the NCC Governing
Requirements, and must be used by all practitioners when developing
Performance Solutions.
Below are the available resources for this process (19 July
2021).
The Handbook: Performance Solution
Process
Case Study: Accessible Entrance
ABCB: A step by step guide to preparing for NCC
Provision A2.2(4)
One helpful blueprint for this reform has been the
Shergold-Weir Building Confidence report commissioned by the
Building Ministers Forum. Two of the recommendations (14 and 15)
were centred around the documentation and approval of Performance
Solutions, and as a fire engineer, these were of particular
interest (15 July 2021).
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.
Assessment Framework 2021 for major infrastructure
proposals
Released, the 2021 Assessment Framework is a contemporary
approach to guide infrastructure decision-making in Australia. It
provides clear and concise instructions on how to develop strong
business cases and aims to streamline approval processes. The 2021
edition represents a comprehensive enhancement of its content and
structure, which responds to input from stakeholders and
Infrastructure Australia's own research and experience (16 July
2021).
New South Wales
Emergency Water Infrastructure Rebates Round 2 live on 1
July 2021
Minister for Agriculture Adam Marshall welcomed the early
kick-off for payments with expressions of interest for Round 2
already live on the Rural Assistance Authority's website. Round
2 opens on 1 July 2021.
The Emergency Water Infrastructure Rebate scheme
is jointly funded by the Australian and NSW Governments,
administered by the Rural Assistance Authority.
Have your say on changes to how building design and
construction is regulated in New South Wales
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...
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
Building and plumbing newsflashes
No 587: Postponing the repeal of head contractor licensing
exemption
To advise that the commencement of section 125A of the
Building Industry Fairness (Security of Payment) and Other
Legislation Amendment Act 2020 has been postponed.
The repeal was due to take effect on 24 July 2021 (09 July 2021).
More...
Accelerated Builder/Consumer Dispute goes live
The Queensland Government has launched the Accelerated
Builder/Consumer Dispute which can be used by individuals and
builders, who have been unable to reach resolution on pricing
through other channels. Our members who are QBCC members, affected
by supply or trade shortages and have entered into a residential
contract over $150,000, are eligible to use this framework to
resolve disputes with their customers. Read Minister de
Brenni's media statement here. To view more information on how to use
this service, please click here.
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: 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
Cohen v Double Bay Bowling Club (No
2) [2021] NSWSC 872
BUILDING AND CONSTRUCTION - statutory duty under s 177 not to do
something that removes support from supporting land to supported
land - allegation that vibrations from work on supporting land
caused removal of support by supporting land to supported land -
where proposed Technology and Construction List Statement did not
allege facts that if proved would show how vibrations removed such
support - where the only geotechnical evidence adduced by
plaintiffs was to effect that the vibrations themselves have caused
damage to supported land - where plaintiffs also alleged that
breach of statutory duty constituted by failure of owner of
supporting land to contract with its builder to prevent builder
using vibratory equipment CIVIL PROCEDURE - amendment - Technology
and Construction List Statement - claim for breach of the statutory
duty in s 177 of the Conveyancing Act 1919 - where earlier
application to amend List Statement refused - where proceedings on
foot for two years - whether proposed List Statement alleged facts
that if proved could amount to a breach of such statutory duty.
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.