Victorian Municipal Councils to facilitate for finance rectification costs of combustible cladding

The Building Amendment (Registration of Building Trades and Other Matters) Bill 2018 introduces reforms to the Victorian Local Government Act 1989 to allow residential owners and owners corporations to access low cost finance to fund the cost of removing combustible cladding. Following the recommendations of the Victorian Cladding Taskforce, these reforms will introduce Cladding Rectification […]

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New Cladding Laws – A Guide for Building Owners

The Building and Other Legislation (Cladding) Amendment Regulation 2018 introduces a new regime for identifying and assessing the risk of cladding products on privately owned buildings in Queensland. The regulation is the Queensland government’s response to the Grenfell Tower fire and the subsequent work of the Queensland Non-Conforming Building Products Audit Taskforce. Who is affected? […]

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Freedom of Association – Logos, Mottos and Indicia

The Australian Building and Construction Commission (ABCC) released new guidance material recently which provides information on the differences between the Building Code 2013 (2013 Code) and the Code for Tendering and Performance of Building Work 2016 (2016 Code) with respect to freedom of association. While both the 2013 Code and 2016 Code provide that a […]

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The impact of adverse weather events on the construction industry

Context In August 2017 Hurricane Harvey dominated international headlines as it ravaged parts of the southern United States of America, on its way to becoming the costliest tropical cyclone in history and surpassing the ignominious records set by Hurricane Katrina.1 As images splashed across our news outlets of Houston highways inundated with water, stores bereft […]

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External Cladding – How to Manage an Emerging Problem

What is the problem? Over the past 10 to 15 years many buildings have been constructed using Aluminium Composite Panels (ACP). ACPs are frequently used in buildings because of the need to improve thermal or acoustic aspects of the design and also because the panels are a comparatively cheap building material to use. ACPs typically […]

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Call for submissions on the Better Apartments Draft Design Standards

Following the Better Apartments – A Discussion Paper (May 2015) and the Better Apartments Public Engagement Report (December 2015), the Victorian Government has now released the long awaited Better Apartments Draft Design Standards (Draft Standards).  Partner Meg Lee and lawyer Linda Choi highlight the key proposals. The Draft Standards aim to raise the quality of […]

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Adjudication claims and responses – getting them right!

Adjudications under BCIPA (Building and Construction Industry Payments Act) are meant to be quick and dirty interim decisions about money claims.  Whilst adjudications do not fix all of the issues regarding payment in the building industry, the ability under BCIPA to obtain a relatively quick decision about a money claim is generally regarded as being […]

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Rating of Land – what happens when there is no applicable rating category

In brief – The categorisation of land for rating purposes has major financial impacts for landowners and local governments. In a recent appeal about the categorisation of land for rating purposes, the Land Court had to deal with a situation where it found that neither of the rating categorises submitted by the owner or Council […]

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Court dismisses appeal against decision to refuse development application for the demolition of a pre-1946 dwelling

In brief – The Planning and Environment Court has dismissed an appeal against Brisbane City Council’s decision to refuse a development application for the demolition of a pre-1946 dwelling in Spring Hill. This is one of many decisions this year which act as a reminder to developers that Brisbane City Council has taken a firm […]

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Supreme Court declares landowner is required to pay outstanding infrastructure charges

In brief – The Supreme Court has dismissed an application by a landowner seeking a declaration that it was not liable to pay unpaid infrastructure charges by way of a rate notice it received as the owner of the land in relation to a development approval which was obtained and acted upon by a tenant. […]

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Demolition of pre-1947 residential building refused

In brief – The Planning and Environment Court has refused a development application for a preliminary approval for building work to facilitate a demolition of a pre-1947 residential building at Albion, as the street in which it was located contained visual and traditional character and the demolition of the building would result in a loss […]

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Jail time for subcontractor convicted of providing false information

In brief –The Magistrates Court has sentenced a man to two months’ imprisonment after being convicted of four offences under the Environmental Protection Act 1994, in a decision that demonstrates that courts will not shy away from prison time when dealing with the provision of false and misleading information Key take outs It is an […]

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