Legislation & Regulatory Updates

The NSW Government has passed new laws to address issues of non-compliance and serious defects identified in residential apartment buildings in a bid to boost community confidence in the construction industry. The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RAB Act) provides the Department of Customer Service with powers to direct rectification […]

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New South Wales contractors, designers and engineers are to be subject to a new regulatory framework and an extended duty of care to building owners with retrospective effect. On 11 June 2020 the Design and Building Practitioners Act 2020 (NSW) (‘the Act’) commenced, with certain provisions commencing from this day, including the extended duty of […]

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On 31 March the NSW Minister for Planning and Public Spaces, Rob Stokes, ordered that construction could be carried out in NSW on weekends and public holidays within the same times of day as previously permitted during the remainder of the week.  This is to aid the continuation of construction work in accordance with social […]

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The Coronavirus disease (‘COVID-19’) is causing unprecedented global concern with the World Health Organisation declaring the disease a global pandemic. The effects of COVID-19 are visible for all to see. This blog considers how COVID-19 may be relevant to the law of frustration, force majeure and other relevant relief provisions. Relief for Change of Law […]

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As of 1 October 2018, private building owners in Queensland will need to comply with new regulations regarding combustible cladding. The Building and Other Legislation (Cladding) Amendment Regulation 2018 (Qld) amends the Building Regulation 2006 (Qld) (the Regulation), to impose compliance obligations to determine the extent of potentially combustible cladding on existing private buildings and […]

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Introduction In the wake of the 2017 Grenfell disaster, there has been a growing concerns in the public and industry surrounding combustible material installed on buildings throughout Queensland.  In order to address these concerns, the Government established the Non-Conforming Building Products Audit Taskforce (Taskforce) on 30 June 2017 to develop a risk-based management approach to […]

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On 1 March 2018, the Queensland Government announced that phase two of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) will roll out on 1 July 2018. Phase 2 The Department of Housing and Public Works has confirmed that phase two of the BIF Act will see the introduction of the […]

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On 14 February 2018, the High Court of Australia published two decisions dealing with judicial review of adjudication decisions for non-jurisdictional error.  The High Court in Probuild v Shade Systems [2018] HCA 4 and Maxcon Constructions v Vadasz [2018] HCA 5 unanimously held that a non-jurisdictional error of law is not reviewable by the Supreme […]

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The Building Products (Safety) Bill 2017 (BPS Bill) potentially impacts participants across the entire construction and property spectrum. Once passed, the BPS Bill will allow the Commissioner for Fair Trading (the Secretary) to ban the use of unsafe building products and enable councils to make related rectification orders for existing and future buildings. What are the impacts? 1.1  […]

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On 18 September 2017, major reforms to Australia’s insolvency laws were passed making ipso facto clauses unenforceable in certain insolvency procedures.   This article provides an overview of the reasons for the reform, when the laws will take effect, how the new laws should operate and how they will impact the construction industry. The new laws […]

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