In the construction industry in Australia, it is not uncommon to refer to the Guide to the Building Code of Australia (the Guide) to help interpret the meaning of provisions in the Building Code of Australia (BCA).

Recent Supreme Court decisions in New South Wales and Victoria which have held that the Guide on its own has no legal authority, however, underscore the need for caution in this regard, and have shown that Courts will interpret BCA provisions on the actual text of the provision rather than…