We also update you on the recent changes to the NSW Electronic Transactions Regulation for electronic execution of documents, the NSW Environmental Planning and Assessment Orders for extended working days and the NSW Home Building Regulation amending the prescription of a 'major defect' under the Home Building Act. The cases cover various topics of interest including an Owners Corporation being held liable to an owner for damages in nuisance arising from excessive noise; the need to maintain strict compliance with licensing requirements and any statutory timeframes under Security of Payment legislation in Queensland; how an adjudicator must deal with a reference date under Security of Payment legislation in NSW; the validity of a payment claim for the repayment of amounts called under a bank guarantee; the importance of strict compliance with the requirements for residential building contracts under the Home Building Act in NSW; the circumstances in which a Board of Professional Engineers will have the power to grant or refuse an application for registration in Queensland; the required steps a party must take to show that repudiation of a contract has arisen from the delayed exercise of a right to terminate; and the criteria that must be met for simultaneous adjudication and challenging arbitral awards in Western Australia.

Legislative update

New South Wales

• NSW Electronic Transactions Regulation permits electronic execution | Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020
•  Extended hours for the NSW construction industry | Environmental Planning and Assessment (COVID-19 Development – Construction Work Days) Order 2020 and Environmental Planning and Assessment (COVID-19 Development – Infrastructure Construction Work Days) Order 2020
• Amended prescription of a 'major defect' for external cladding in NSW | Home Building Amendment (Miscellaneous) Regulation 2020 (NSW)

In the Australian courts

Australian Capital Territory

• Stop, Owners Corp what's that sound? Structural expansion and contraction noise is a nuisance | De Gruchy v The Owners – Units Plan No. 3989 [2020] ACTSC 65

New South Wales

• Reference dates – not yet a thing of the past | Brolton Group Pty Ltd v Hanson Construction Materials Pty Ltd [2020] NSWCA 63
•  You can't disguise the contents of a payment claim | Grocon (Belgrave St) Developer Pty Ltd v Construction Profile Pty Ltd [2020] NSWSC 409
• Contract rates to serve as upper limit for non-contractual variations claimed in quantum meruit | Paraiso v CBS Build Pty Ltd [2020] NSWSC 190

Queensland

• The bus stops here for unlicensed contractors and untimely adjudicators! | Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51
• Am I really an engineer? | Shelley v Board of Professional Engineers Queensland [2020] QSC 38

Northern Territory

• When you wish upon an expert | Northern Territory of Australia v Dover Investments Pty Ltd and Ors [2020] NTSC 3

Western Australia

• Course of conduct: how does it impact contractual terms and purported repudiation? | Armada Balnaves Pte Ltd v Woodside Energy Julimar Pty Ltd (No 2) [2020] WASC 14Two birds, one stone: the criteria for simultaneous adjudicationSalini-Impregilo S.P.A v Francis [2020] WASC 72
• Challenging arbitration awards – 'fresh' disputes | The State of Western Australia v Mineralogy [2020] WASC 58