Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 29 OCTOBER 2019

Designers and building practitioners - Alert!

Swaab Attorneys
Explore more from Swaab Attorneys

Designers and building practitioners should familiarise themselves with the draft D&BP Bill and understand what is coming.

AustraliaReal Estate and Construction
Helen Kowal
Helen Kowal
Author LinkedIn connections

"Sometimes the wheel turns slowly, but it turns"1

It is taking some time, but slowly and surely it appears we are seeing the recommendations put forward in the Shergold Weir Report 2 being actioned.

With the Shergold Weir Report released in February 2018 and the NSW Government's Response to the Shergold Weir Report released in February 2019, the NSW Government released the draft Design and Building Practitioners Bill 2019 ('Draft Bill') for public consultation on 2 October 2019. This has come shortly after the appointment of Mr David Chandler OAM, to the position of Building Commissioner in August 2019.

What do you need to know?

Submissions closed for public consultation on the Draft Bill on 16 October 2019, with the Draft Bill to be introduced into Parliament by the end of 2019.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in
For further information please contact:

Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Personal Guarantees In Commercial Leases: Risks For Directors

Directors who sign retail leases on behalf of company tenants often provide personal guarantees without fully understanding the scope of their liability. This liability can extend far beyond unpaid rent to include outgoings, interest, make-good costs, and enforcement expenses, persisting even after resignation or business sale. Understanding the distinction between guarantees and indemnities, and knowing when statutory protections may apply, is essential for directors seeking to limit their personal exposur
AustraliaReal Estate and Construction
Stonegate Legal
Stonegate Legal
Article

Data Centre Approvals: Community Engagement And Social Licence Are Essential

The development assessment process for data centres in Australia has become a critical battleground for social licence, where community concerns about energy consumption, water usage, noise pollution, and local impact must be addressed with evidence rather than assurances. As jurisdictions across Australia move to establish enforceable regulatory frameworks, developers face an evolving landscape where early investment in genuine community engagement and rigorous impact assessment determines whether projects
AustraliaReal Estate and Construction
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Project Distress In Queensland: Lessons From The Bathla Collapse

The collapse of the Bathla Group has sent ripples through Australia's construction sector, raising critical questions about financial distress management in major projects. With Queensland delivering an unprecedented infrastructure pipeline amid margin pressures and market uncertainty, are project participants adequately prepared to identify and respond to insolvency warning signs before external administrators arrive?
AustraliaReal Estate and Construction
Holding Redlich
Holding Redlich
Article

Construction Law in Queensland: Complete Guide

Construction law in Queensland establishes a comprehensive framework governing building contracts, payment rights, dispute resolution, and remedies. The legislation creates rapid adjudication mechanisms and strict compliance requirements that can determine the outcome of disputes within days. Understanding how statutory rules interact with contractual terms is essential for protecting rights and avoiding costly procedural mistakes.
AustraliaReal Estate and Construction
Stonegate Legal
Stonegate Legal
Article

Employ­ers Ban­ning AI Smart Glass­es From The Workplace

As wearable AI technology becomes more prevalent, employers face critical decisions about whether to ban smart glasses in the workplace. This analysis explores the privacy, cybersecurity, and workplace surveillance risks associated with AI-enabled eyewear, while examining the legal framework for regulating their use. Two important exceptions—disability accommodations and workplace safety—complicate what might otherwise be a straightforward prohibition.
AustraliaEmployment and HR
Swaab Attorneys
Swaab Attorneys
Article

Land­lords Beware: New Tobac­co Laws Could Mean Heavy Fines and Even Gaol Time

New South Wales has introduced strict legislation targeting landlords who knowingly permit tenants to sell illicit tobacco and vapes from their premises. With penalties reaching $165,000 and potential imprisonment, property owners must now actively monitor tenant activities and report suspicious behavior. The legislation also grants landlords new powers to terminate leases when closure orders are issued, fundamentally changing the landlord-tenant relationship in commercial retail settings.
AustraliaReal Estate and Construction
Swaab Attorneys
Swaab Attorneys
Article

Per­son­al Lia­bil­i­ty For Build­ing Defects: The Scope Of Sec­tion 37 Of The Design And Build­ing Prac­ti­tion­ers Act 2020 (NSW)

The NSW Supreme Court's decision in Alta Vale Residential Pty Ltd v STM123 Pty Ltd confirms that directors and project managers can face personal liability under section 37 of the Design and Building Practitioners Act 2020 for breaching statutory duties of care in construction projects. This case examines how individuals who supervise, coordinate or exercise substantive control over building work may be held personally responsible for economic losses arising from construction defects, even when acting
AustraliaReal Estate and Construction
Swaab Attorneys
Swaab Attorneys
Article

When Is Entry Into A Lot With­out The Lot Own­er’s Con­sent Per­mit­ted To Car­ry Out Repair Work To Com­mon Prop­er­ty? When There Is An Emergency

A New South Wales Civil and Administrative Tribunal case examines when an owners corporation can lawfully enter a lot without owner consent to repair common property under emergency provisions. The dispute centered on whether ongoing water leakage constituted an emergency justifying entry, and what damages flow from such access.
AustraliaReal Estate and Construction
Swaab Attorneys
Swaab Attorneys
Article

Decen­ni­al Insur­ance For New Apart­ment buildings

The New South Wales Government has introduced Decennial Liability Insurance (DLI), a groundbreaking 10-year no-fault insurance policy for new apartment buildings that guarantees protection against serious defects even if developers or builders become insolvent. This legislative reform, passed through the Fair Trading and Building Legislation Amendment Bill 2026, fundamentally changes how apartment owners are protected from structural failures and serious defects.
AustraliaReal Estate and Construction
Swaab Attorneys
Swaab Attorneys