Non-compliant cladding extends to ‘Biowood’ composite cladding used as an external attachment

The Owners Strata Plan No 92888 v Taylor Constructions Group Pty Ltd and Frasers Putney Pty Ltd [2019] NSWCAT [15 November 2019, Senior Member Boyce] (Taylor Constructions) The first decision in NSW involving combustible cladding has been handed down by the NSW Civil and Administrative Tribunal. Whilst most of the attention in recent times has […]

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Victorian Government issues funding guidelines for the combustible cladding ‘rescue package’

On 19 December 2019, Cladding Safety Victoria (CSV) issued guidelines on the Victorian Government’s cladding rectification funding program (Program) for the rectification of combustible cladding of residential apartment buildings (Guidelines). Importantly, the Guidelines set out which owners are eligible for the funding, namely that you must be an owners corporation responsible for a residential building […]

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Victoria to introduce offence of Industrial Manslaughter: What does it mean for employers?

The Victorian Parliament recently passed the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (Bill), to introduce a new offence of ‘industrial manslaughter’ under section 39G of the Occupational Health and Safety Act 2004 (Vic) (OHS Act). The Bill comes just months after the national “Review of the model WHS laws: Final report” […]

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The Victorian State Government’s Building Amendment (Cladding Rectification) Bill 2019 passes Parliament.

On 12 November 2019 the Building Amendment (Cladding Rectification) Bill 2019 passed State Parliament and the Building Amendment (Cladding Rectification) Act 2019 (new Act) has now received Royal Assent. The new Act enacts the State Government’s consumer focused ‘rescue package’ in relation to the funding of ‘cladding rectification work’[1] associated with ‘non-compliant or non-conforming external […]

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Termination of construction contracts – the issue of good faith

Bundanoon Sandstone Pty Ltd v Cenric Group Pty Ltd [2019] NSWCA 87 (30 April 2019) (Meagher, Gleeson and McCallum JJA).   Issue and Outcome  The NSW Court of Appeal held that a show cause notice issued by a principal under a construction contract was not issued in good faith (because it was redolent of bad […]

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Large retailers may be given the green light to collectively purchase electricity

You may or may not have seen in the media that on 20 September 2019 the Australian Competition and Consumer Commission (ACCC) released a draft determination and interim authorisation giving members of the Large Format Retail Association (LFRA) a green light to begin the initial steps to collectively negotiate to purchase electricity. Members of the […]

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The dark arts of delay analysis turn ultra violet – or ‘don’t ignore the facts’

White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 (6 September 2019) (Hammerschlag J)   Delay and, separately, disruption claims are common sources of dispute in construction projects.  Compounding what are usually factually complicated scenarios are issues of terminology and experts’ competing views about the correct analysis and approach to assessing the […]

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Security of Payment Amendment Act set to commence

The Building and Construction Industry Security of Payment Amendment Act 2018 (Amendment Act), which was passed by the NSW Parliament in November last year, will commence on 21 October 2019. The Building and Construction Industry Security of Payment Amendment Regulation 2019 (Amendment Regulation) will also commence on this date. The changes made by the Amendment […]

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Avoiding unintended consequences

The Building Industry Fairness (Security of Payment) Act 2017 (BIF) contains new provisions designed to protect payments to subcontractors in building projects by setting up a form of statutory trust, of which subcontractors are beneficiaries. Chapter 2 of the Building Industry Fairness (Security of Payment) Act 2017 (BIF) contains new provisions designed to protect payments to subcontractors in […]

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Combustible cladding – A flammable issue

A recent decision of the Victorian Civil and Administrative Tribunal (VCAT) has provided some useful guidance in relation to the responsibility of builders and consultants to owners in respect of the installation of non-compliant aluminium composite panels on buildings in Victoria. On 28 February 2019, his Honour Judge Woodward handed down his decision apportioning liability […]

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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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