Legislative update
New South Wales
- New proposed Regulations for building certifiers | Building and Development Certifiers Regulation 2019 (NSW)
- Builder and designer reforms (almost) ready | The Design and Building Practitioners Bill 2019
In the Australian courts
Australian Capital Territory
- No jurisdictional error where work is merely 'claimed' to have been done under a construction contract | Empire Global Pty Ltd v SA Expert Designs Pty Ltd [2019] ACTSC 244
New South Wales
- Denial of natural justice and procedural unfairness by adjudicators – when would the courts intervene and what would be the consequences? | CC Builders (Aust) Pty Ltd v Milestone Civil Pty Ltd [2019] NSWSC 1251
- Don't stop – The statutory entitlement to suspend works for unpaid interest | Galileo Miranda Nominee Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC 1157
- Bowled over: Independent valuers must pay attention to the terms of a lease | Strike Australia Pty Ltd v Data Base Corporate Pty Ltd [2019] NSWCA 205
- Leasehold strata schemes: Owners corporations to bear all responsibility for building defects | The Owners – Strata Plan No 91322 v Trustees of the Roman Catholic Church for the Archdiocese of Sydney [2019] NSWCA 89
- Defence against the Delay Arts – Expert opinion will not trump facts established by the evidence | White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166
Queensland
- Restrictive covenants remain despite sustainability provisions in the Building Act 1975 (Qld) | Bettson Properties Pty Ltd & Anor v Tyler [2019] QCA 176
- An 'expert' or an 'arbitrator', that was the question | Middlemount South Pty Ltd v Anglo American Metallurgical Coal Assets Pty Ltd & Anor [2019] QSC 211
- Win some, lose some … the risky game of not observing correct adjudication procedures | National Management Group Pty Ltd v Biriel Industries Pty Ltd trading as Master Steel & Ors [2019] QSC 219
- Late service of an adjudication application is, in fact, a very big deal! | Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd & Anor [2019] QCA 177
- Three's company – conferences, witnesses and valid payment claims | J.R. & L.M. Trackson Pty Ltd v NCP Contracting Pty Ltd & Ors [2019] QSC 201
- An arbitration clause may render clauses allowing court proceedings unenforceable | The Trustee For Hardev Property (Dev 10) Unit Trust v Palmgrove Holdings Pty Ltd & Ors [2019] QSC 208
Download your copy of the September edition. You can also view past editions.
Australian Legislative Update
Commonwealth
- Customs Amendment (Safer Cladding) Bill 2017 (Cth)
- Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Bill 2017 (Cth)
New South Wales
- Transport Legislation Amendment (Automated Vehicle Trials and Innovation) Bill 2017 (NSW)
- Work Health and Safety Regulation 2017 (NSW)
Queensland
- Building Industry Fairness (Security of Payment) Bill 2017 (Qld)
In the Australian courts
Australian Capital Territory
- Dunn v Hanson Australasia Pty Ltd [2017] ACTSC 169
- R Developments Pty Ltd v Forth [2017] ACTCA 38
New South Wales
- Abergeldie Contractors Pty Ltd v Fairfield City Council [2017] NSWCA 113
- AGL Energy Limited v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 765
- Arconic Australia Rolled Products Pty Limited v McMahon Services Australia Pty Ltd [2017] NSWSC 1114
- Mt Lewis Estate Pty Ltd v Metricon Homes Pty Ltd [2017] NSWSC 1121
- Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2017] NSWCA 151
- Regal Consulting Services Pty Ltd v All Seasons Air Pty Ltd [2017] NSWSC 613
- Watpac Constructions (NSW) Pty Limited v Charter Hall Funds Management Limited [2017] NSWSC 865
Victoria
- Contract Control Services Pty Ltd v Department of Education and Training [2017] VSC 507
- Mohamady v Protek Building Surveying Pty Ltd (Building and Property) [2017] VCAT 1164
Western Australia
- Hamersley Iron Pty Limited v Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers Appointed) [2017] WASC 152
In the United Kingdom courts
- MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another [2017] UKSC 59
