Construction Law Update July 2018

Legislative update

Queensland

• New combustible cladding regulation to tackle privately owned buildings in Queensland  |  Building and Other Legislation (Cladding) Amendment Regulation 2018 (Qld)

Commonwealth

• New obligations on owners and operators of critical infrastructure assets  |  Security of Critical Infrastructure Act 2018 (Cth)

• Ipso facto reforms have commenced – are you ready?  |  Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth)

In the Australian courts

New South Wales

• A non-existent appointing body may not defeat an arbitration agreement  |  Broken Hill City Council v Unique Urban Built Pty Ltd [2018] NSWSC 825

• Losing your equipment - when your assignment doesn't 'stack' up  |  Exotic Retirement Living v Construct by Design Commercial [2018] NSWSC 860

• Owner-builder defects: which version of the Home Building Act applies?  |  Gregorio v Cheadle [2018] NSWCATAP 118

• NCAT says you should specifically include costs in your Calderbank offer  |  Grace v Pepe [2018] NSW

• Acceptance is key to quantum meruit  |  Ingate v Andrews [2018] NSWCATAP 99

• Building claims relating to building goods or services: beware of the limitation period |  Tom v Jenkins [2018] NSWCATCD 7

Queensland

• Design certification – a timely reminder of professional obligations  |  Actron Investments Queensland Pty Ltd v DEQ Consulting Pty Ltd [2018] QCA 147

• No right to appeal QCAT decision refusing an interlocutory application to lead fresh evidence  |  Alderton & Anor v Wide Bay Constructions Pty Ltd trading as Dixon Homes Hervey Bay [2018] QCA 149

• Court of Appeal reaffirms position in respect of costs against non-parties  |  Arawak Holdings Pty Ltd v King Tide Company Pty Ltd [2018] QCA 148

• Take care to ensure restrictive covenants comply with the sustainable housing provisions under the Building Act 1975 (Qld)  |  Bettson Properties Pty Ltd & Anor v Tyler [2018] QSC 153

• Back-to-basics review of contractual principles | Hilchrist Pty Ltd v Visual Integrity Pty Ltd and ors [2018] QDC 97

Victoria

• The Civil Procedure Act test for summary judgment is not applicable to summary determinations under Security of Payment legislation  |3D Flow Solutions Pty Ltd v LTP Armstrong Creek Pty Ltd [2018] VCC 674

• Ability of a claimant to make a payment claim post termination  | Green Suburban Pty Ltd v Vita Built Pty Ltd [2018] VSC 330

• A strict, legalistic interpretation of Security of Payment legislation is not aligned with its purposive, payment-friendly objectives  |  SJ Higgins Pty Ltd v The Bays Healthcare Group Inc [2018] VCC 805