The 2022 NCC – Mandating energy efficient homes

The National Construction Code (NCC) 2022 will be available from 1 October 2022, with a raft of new performance requirements designed to improve liveability and reduce energy consumption and carbon emissions. This update focuses on the new energy efficiency requirements in the NCC 2022. The proposed changes to NCC 2022 to address energy wastage are […]

Readmore

Rising and falling in 2022 – Contractual responses to cost increases in construction contracts

A lot has happened in 2022 to keep the construction sector on its toes. An ongoing pandemic, floods and sustained wet weather across the Eastern seaboard, supply chain disruption, a change of federal government, war in Ukraine, high profile insolvencies (in particular the residential construction sector), tight labour markets and last, but definitely not least, […]

Readmore

Embedded networks live on as Victorian reform for residential embedded networks slowly takes shape

New embedded networks in residential apartment buildings will be banned from January 2023 unless 100% of electricity is sourced from renewable energy, with at least 5% being sourced from on-site generation. Existing embedded networks in residential sites, including apartment buildings, retirement villages, social housing and residential/caravan parks, will transition to a new regulatory regime, moving through […]

Readmore

VCAT Fast Track List for post-permit applications

From 1 July 2022, VCAT will establish a Fast Track List to expedite a number of post-permit applications. These changes are designed to improve the efficiency of VCAT’s procedures and to provide certainty to applicants and developers – particularly after a permit has been secured for a development site. The following applications under the Planning and […]

Readmore

The duty of care under the DBP Act can extend to owner developers who have ‘substantial control’ over the carrying out of building work

In The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659, the plaintiff (Owners Corporation) commenced proceedings against Pafburn Pty Limited (First Defendant) (Builder) and Madarina Pty Limited (Second Defendant) (Developer) in relation to alleged defective construction work in respect of a strata development in North Sydney. The Developer was the owner […]

Readmore

Green loan financing – taking root in fertile soil

Green finance is financing where the proceeds are used by a borrower in financing projects that make a contribution to an environmental objective. This is an important way in which finance markets are contributing to the objectives of the 2015 Paris Climate Agreement, seeking to align finance with low greenhouse gas emissions and climate-resilient development. […]

Readmore

A storm in a contract

Weather patterns in 2021 and 2022 have been – at best – challenging for construction, and this has put many projects under pressure. Extensions of time may not be available for the prolonged wet weather that has affected much of the east coast of Australia, and force majeure clauses have generally been of little assistance […]

Readmore

Queensland’s Project Trust Account phased rollout delayed

Project Trust Accounts (PTAs) are currently required for eligible contracts for: State Government and Hospital and Health Services valued at $1 million or more (ex. GST); and since 1 January 2022, the requirement to have a PTA has been extended to the private sector and local government building contracts valued at $10 million or more […]

Readmore

Land Use Framework Plans – A new level in Melbourne’s strategic planning framework

The Department of Environment, Land, Water and Planning (DELWP) is currently seeking public feedback for newly released draft Land Use Framework Plans. Feedback for the Land Use Framework Plans is open until 24 October 2021 and be done using the following methods by visiting this link. What are Land Use Framework Plans? The Land Use […]

Readmore

New priority planning pathways for social and affordable housing development

There is currently a significant affordable housing shortfall in Victoria. Victoria’s Big Housing Build program presents new opportunities for private sector developers to work with Registered Housing Associations to deliver this much needed housing stock. The Gadens Real Estate & Construction Team recently hosted a virtual Boardroom Briefing on the new planning priority pathways for […]

Readmore

Managing supply shortages and rising construction costs

As countries around the world counter the economic effects of COVID-19 by undertaking infrastructure projects and stimulating domestic construction, this has impacted global construction markets by creating: a shortage of some building materials; unpredictability in whether materials will be readily available when required; and upward pressure on labour and materials costs. To tackle these issues […]

Readmore

Industrial Manslaughter legislation on the way in WA

The director of MT Sheds (WA) Pty Ltd, Mark Thomas Withers, was sentenced two years and two months imprisonment (18 months suspended) and fined $2,250 for gross negligence causing death in relation to the 2020 death of a young worker and the serious injury of another. Both Mr Wither’s and his company pleaded guilty to […]

Readmore