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TressCox Building & Construction Newsletter: May 2013 (Newsletter Article)

In this issue:

• Introduction of Building Code 2013
• The changing landscape of Owners Corporations - Built Environment or Behaviour? The contentious issue of Class 2 and Class 3 Building Classifications
• Partial Invalidity of Adjudication Decision – Discretion Exercised Not to Make a Declaration
• Building Code 2013 – Standards for Commonwealth-funded construction projects

Introduction of Building Code 2013 (Newsletter Article)

On 25 January 2013, the Minister for Employment and Workplace Relations, Bill Shorten, issued a code of practice for all building industry participants who are engaged in Commonwealth Government funded projects.

The changing landscape of Owners Corporations - Built Environment or Behaviour? The contentious issue of Class 2 and Class 3 Building Classifications (Newsletter Article)

A contentious issue for many Owners Corporations has always been the use of some apartments by owner/investors for ‘short term letting’ such as weekend or holiday accommodation. While such operations allow investors to use their apartments for financial return, it is often the owner occupiers who raise concerns regarding safety, the upkeep and maintenance of the common areas and whether such operations improve or reduce the value of their apartments and or the building as a whole.

Partial Invalidity of Adjudication Decision – Discretion Exercised Not to Make a Declaration (Newsletter Article)

In the case of BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd (No.2) [2013] QSC 67, Justice Applegarth of the Supreme Court of Queensland exercised his discretion not to declare void a decision of the Adjudicator, even though part of the decision of the Adjudicator was clearly made outside his jurisdiction. As a consequence he makes it clear that it might not be necessarily fatal to the whole adjudication in circumstances where only a part of the decision which is clearly separate lacks jurisdiction.

Building Code 2013 – Standards for Commonwealth-funded construction projects (Newsletter Article)

The Commonwealth Building Code 2013 [1] came into effect on 1 February 2013 and establishes a set of legally-enforceable industry standards in relation to workplace relations that contractors tendering for and working on Commonwealth projects must comply with.