Legislative update

New South Wales

• New proposed Regulations for building certifiers | Building and Development Certifiers Regulation 2019 (NSW)
• Builder and designer reforms (almost) ready | The Design and Building Practitioners Bill 2019

In the Australian courts

Australian Capital Territory

• No jurisdictional error where work is merely 'claimed' to have been done under a construction contract | Empire Global Pty Ltd v SA Expert Designs Pty Ltd [2019] ACTSC 244

New South Wales

• Denial of natural justice and procedural unfairness by adjudicators – when would the courts intervene and what would be the consequences? | CC Builders (Aust) Pty Ltd v Milestone Civil Pty Ltd [2019] NSWSC 1251
• Don't stop – The statutory entitlement to suspend works for unpaid interest | Galileo Miranda Nominee Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC 1157
• Bowled over: Independent valuers must pay attention to the terms of a lease | Strike Australia Pty Ltd v Data Base Corporate Pty Ltd [2019] NSWCA 205
• Leasehold strata schemes: Owners corporations to bear all responsibility for building defects | The Owners – Strata Plan No 91322 v Trustees of the Roman Catholic Church for the Archdiocese of Sydney [2019] NSWCA 89
• Defence against the Delay Arts – Expert opinion will not trump facts established by the evidence | White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166

Queensland

• Restrictive covenants remain despite sustainability provisions in the Building Act 1975 (Qld) | Bettson Properties Pty Ltd & Anor v Tyler [2019] QCA 176
• An 'expert' or an 'arbitrator', that was the question | Middlemount South Pty Ltd v Anglo American Metallurgical Coal Assets Pty Ltd & Anor [2019] QSC 211
• Win some, lose some … the risky game of not observing correct adjudication procedures | National Management Group Pty Ltd v Biriel Industries Pty Ltd trading as Master Steel & Ors [2019] QSC 219
• Late service of an adjudication application is, in fact, a very big deal! | Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd & Anor [2019] QCA 177
• Three's company – conferences, witnesses and valid payment claims | J.R. & L.M. Trackson Pty Ltd v NCP Contracting Pty Ltd & Ors [2019] QSC 201
• An arbitration clause may render clauses allowing court proceedings unenforceable | The Trustee For Hardev Property (Dev 10) Unit Trust v Palmgrove Holdings Pty Ltd & Ors [2019] QSC 208