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Articles by Simone Pappas
Victoria unveils further toughened building regulation reforms
The Building and Plumbing Administration and Enforcement Bill 2026 (Vic) (pdf, 636pages/2.4mb) (‘the Bill’) was passed in April 2026, and represents a major restructuring of Victoria’s regulatory framework with the objective of improving clarity, consistency and accountability across the lifecycle of building and plumbing work. It is due to come into operation by 1 December 2027 at the latest – but we expect it will likely be proclaimed to commence on an earlier date in due course.
Victorian government overhauls construction industry following introduction of legislative reforms
The Building Legislation Amendment (Buyer Protections) Bill 2025 (161-page/716KB PDF) will provide the government with broader powers to order defects in apartment buildings to be rectified and introduces new schemes for developer bonds and first-resort domestic building insurance.
Legacy combustible cladding risks drive recent cases in Victoria
Legislative and regulatory change in Victoria, arising from the use of combustible external wall cladding and increased enforcement following the Lacrosse tower fire in 2014, continues to bring about legacy risks for builders and building professionals operating in the state.
Victorian building reform to have wide impact on industry
The reforms, set out in the 2023 Building Legislation Amendment Act, were passed by the Victorian parliament last year and came into force on 1 February. They include the establishment of a state building surveyor, new registration requirements and new building safeguards. Certain provisions of the reforms are yet to fully commence, pending the publishing of regulations.
Victorian Court of Appeal clarifies VCAT referral procedure
The appeal court’s decision in Krongold Constructions (Aust) Pty Ltd v Thurin is the latest instalment in a long running building dispute between the Thurins and Krongold, a builder. We wrote on the first decision of the court earlier this year, in which it held that VCAT has no jurisdiction to hear and determine matters arising under Commonwealth law.
Victoria’s VCAT lacks jurisdiction to determine contribution claims
In the case of Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) (Vaughan), the VCAT has clarified that, where disputes involve multiple respondents who are liable to the applicant for the same loss or damage, it does not have jurisdiction to determine what contribution, if any, each of those respondents should make to the award.
NSW court confirms that additional breach of statutory warranty claims do not create separate causes of action
Under the HBA, an owners corporation, as successor in title to a developer, is entitled to the benefit of the statutory warranties as against the developer and is entitled to the same rights the developer had against a builder in respect of the statutory warranty. This means owners corporations may seek to claim directly against a developer for breach of statutory warranties as if the developer had done the work under the relevant contract.
Victorian Court of Appeal clarifies when time starts to run where multiple occupancy permits issued
For current building actions, if the occupancy permit for the relevant building work was issued more than 10 years before the claim was brought, limitation defences that were not previously raised based on earlier decisions should be considered.
Building owners and Victorian government given more time to take legal action on cladding
Building owners in Victoria now have 15 years to commence taking legal action for cladding claims, after changes to the Building Act 1993 (Vic) passed by the Legislative Council received Royal Assent on 19 October 2021. Where funding has been provided to a building owner by the state government for cladding rectification, the government will likewise have 15 years to commence taking legal action by operation of its rights of subrogation under section 137F of the Building Act 1993 (Vic).
Fast track planning proposals target homes and 'social' infrastructure
Plans to speed up the planning process in England for new schools, hospitals and other 'social' infrastructure have been published by the government. A consultation proposes an extended 'permitted development' (PD) right for extensions to existing 'Class M' facilities, as well as a new, streamlined planning application process for new hospitals, schools and prisons.
Basic Guide to TUPE
The purpose of TUPE is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law. What is TUPE? TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and its purpose is to protect employees if the business in which they are employed changes hands.
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