Law Reform Consultancies / Firm Milestones

Head of the team that developed, and had carriage of a project that culminated in, the National Model Building Act 1991 on which much of Australia’s building regulatory legislation is now based.

The NMBA has become the template for the overhauling of the liability and approval regimes in Victoria, New South Wales, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.

Mr Kim Lovegrove’s carriage of the NMBA and his subsequent law reform retainers in Victoria and New South Wales have led to his being regarded as the foremost lawyer on building regulation in Australia.

Legal Advisor (including Assistant Director and Project Director of Building Control) to the Victorian Government on the development of the Building Act 1993 (Vic).

Lovegrove on Building Control, a substantial reference standard two-volume annotated commentary on the Building Act 1993 (Vic) and its Regulations, first published by The Law Press.

On 28 March 1994, Lovegrove on Building Control was launched officially by The Hon Robert Maclellan MP, Minister for Planning and Development, who said:

“This book is, as is the Act itself, the product of exhaustive and far-reaching research, at both State and National levels. In both projects the author of this users’ guide has been involved from the outset. …This users’ guide to the new building control system should be gospel for lawyers, architects, building surveyors and engineers in this State”.

Director of External Liaison of the Australian Building Codes Board.

Conducted the first case that went to the Supreme Court of Victoria under the new Building Act 1993 (Vic) and won that case which was reported as a precedent in the Victorian Law Reports – Keller v City of Sandringham & Ors.

Deputy Executive Director of the Australian Building Codes Board.

Director and National Manager (Policy) of the Australian Building Codes Board.

Represented the Federal Government, as a guest of the Japanese Government, at a Ministerial Forum in Japan charged with the responsibility of overhauling Japanese building regulations.

Addressed the International Conference On Performance-Based Codes And Fire Safety Design Methods.

Addressed the American Society Of Fire Protection Engineers Focus Group Forum on performance-based building codes.

Addressed the Gold Coast Conference hosted by the Australian Building Codes Board and The Australian Institute of Building Surveyors on performance-based building codes.

A User’s Guide to the Domestic Building Contracts and Tribunal Act 1995 (co-authorship) (Law Press) published.

Retained by the Department of Urban Affairs and Planning (New South Wales) to advise on the drafting of the Environmental Planning and Assessment (Amendment) Act 1997 (NSW), which effected major reform of the building regulatory system in that State.

Represented Lovegrove Solicitors and presented a paper on Australian building regulation at the Construction Industry Bureau in Paris.

Addressed the London Society of Construction Lawyers on Australian liability and insurance reforms.

Conducted research initiatives on cross-border liabilities in contracting for the International Council for Research and Innovation in Building and Construction.

Retained by the Department of Urban Affairs and Planning (New South Wales) to advise on the drafting of insurance regulations under the Environmental Planning and Assessment (Amendment) Act 1997 (NSW).

Represented Lovegrove Solicitors and presented paper on Australian liability and insurance reforms & performance-based building regulations at the Construction Industry Bureau in Sweden.

Addressed the New South Wales Environmental Lawyers Association on liability and insurance reforms under the Environmental Planning and Assessment Act 1979 (NSW) and also spoke on this subject on behalf of the Department of Urban Affairs and Planning (New South Wales) at a forum for industry and local government.

Addressed a forum at the House of Commons in London on liability and insurance reforms in Australia.

Retained by the Department of Local Government (New South Wales) to advise on the establishment of an auditing system under the Environmental Planning and Assessment Act 1979 (NSW).

Conducted a conference in association with the Australian Institute of Building Surveyors (New South Wales Chapter) on risk management under the Environmental Planning and Assessment Act 1979 (NSW).

On 3 November 1999, the firm set a precedent in obtaining the highest fines imposed for illegal building work under the Building Act 1993 (Vic) in prosecutions for one of its local government clients.

Lecturing for the University of Technology, Sydney (Centre for Local Government) on the Environmental Planning and Assessment Act 1979 (NSW) with special reference to liability, insurance, professional conduct, conflicts of interest and accreditation.

The firm was appointed to the Legal Drafting Committee of the Australian Institute of Building Surveyors (New South Wales Chapter) and was nominated as the Institute’s preferred law firm.

Drafted the new standard contract for the Master Plumbers and Mechanical Services Association of Australia (Victoria) and launched the contract at the Association’s ‘Business 2000 Conference’ while presenting a lecture on ‘Contracts for Small Business’.

Lectured on the Victorian building regulatory system for Construction Law Masters Degree Students at The University of Melbourne.

Key note speakers at the Annual State Conference of the Australian Institute of Building Surveyors (New South Wales Chapter) on enforcement obligations under the Environmental Planning and Assessment Act 1979 (NSW).

Addressed health and environmental officers on liability implications of Legionnaires’ Disease at a conference hosted by the Australian Institute of Environmental Health (NSW Division).

Practice Notes / Guidelines on the Environmental Planning and Assessment Act 1979 (NSW) for NSW Councils and Private Certifiers (Lovegrove Solicitors & Australian Institute of Building Surveyors, New South Wales Chapter) published.

A Guide to the Home Building Act 1989 (NSW): A Plain English Guide Covering Key Issues and Implications (co-authorship) (CCH) published.

Domestic Building Contracts Act 1995: A Plain English Commentary for Everyday Use (Including Relevant Sections of the Victorian Civil and Administrative Tribunal Act 1998) (co-authorship) (Lovegrove Solicitors) published.

Lecturing for the Australian Institute of Environmental Health (NSW Division) with special reference to evidence, enforcement, prosecutions and liabilities for local government building, environmental, planning and health officers.

Appointed as lawyers for the IT Skills Hub Pty Ltd, a high-profile national company comprising founding member representatives / shareholders of blue chip IT & T companies including Adacel, Alcatel, Ericsson, Fujitsu, Global Pacific, GSA, Hewlett Packard, IBM, Lucent Technologies, Microsoft, Nortell, Novell, Oracle, Siemens, Spherion, Sun Microsystems and Telstra. The Hub was launched by the Federal Ministry in May 2001

Conducted a conference for private certifiers (‘Pitfalls for Certifiers’) with special reference to liability, professional conduct and enforcement for the Australian Institute of Building Surveyors (New South Wales Chapter). The new and first standard Principal Certifying Authority Contract, which this firm drafted, was launched at this conference.

Appointed by way of retainer as lawyers to the Master Builder’s Association of Victoria.