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Latest news
Review to unlock local government
investment
The Australian Government will conduct a review of
infrastructure financing to identify new ways of unlocking
investment dollars to meet local infrastructure needs, Local
Government Minister Simon Crean has announced. The terms of
reference are to assess how effectively and efficiently local
infrastructure needs are prioritised and subsequently funded by
local government (17 November 2011)
More...Fair Work 'delaying' mine projects, says
industry
The mining industry has warned that Labor's Fair Work laws
are delaying the start of construction for new resources projects
and forcing employers to give construction workers the same
generous wages and allowances paid on offshore oil rigs (17
November 2011)
Natural disaster clean-up sparks new asbestos
fears
In the rush to clean up in the aftermath of natural disasters
health risks posed by broken sheets of asbestos can be forgotten,
with cancer specialists told that 'bonded asbestos' may not
be as safe as once thought (15 November 2011)
More...Infrastructure adviser urges states to sell
assets
The federal government's infrastructure adviser, Rod
Eddington, has called on states to be more open to privatising key
assets to pay for greenfields infrastructure projects. It comes as
the re-emergence of coalition governments in NSW, Victoria and
Western Australia has prompted potential acquirers to consider the
potential for more asset sales (16 November 2011)
More...Slower times predicted for construction industry in 2012
given risk-averse banks
Australian construction industry profits are due to slip as
the number of construction projects diminishes and construction
costs increase in 2012, according to the latest report by Rider
Levett Bucknall. National office construction increased 6.8% and
industrial construction increased 20.8% (15 November 2011)
More...NBN Co dishes out fibre contracts
The NBN Co has awarded contracts worth up to $635 million over
the next five years to a mix of six local and internationally-based
fibre equipment manufacturers. The contract winners will supply NBN
Co internal fibre distribution hubs for apartment buildings,
internal cables, wall outlets and devices that will house the
connection of the fibre from the street to the outside of premises
(15 November 2011)
More...Green Star Performance from the Green Building Council
of Australia
The development of Green Star Performance continues with a
third of the proposed credits already in a draft format. Once the
tool is released, the GBCA will be developing new education
resources specifically geared for building operators and the
facilities management industry (10 November 2011)
More...Building rogues targeted
Surveyors who are the subject to repeat complaints and those
in their first three years of practice will be the targets of
tougher scrutiny. Municipal building surveyors will be audited by
the commission at least once every two years, and all private
surveyors within their first three years of operation. The
commission will also target surveyors who are the subject of
repeated complaints from consumer (14 November 2011)
More...Victorian Infrastructure Deserves National
Support
The release of the Victorian Government's
Infrastructure Australia submission today shows a deep level of
planning and seeks support for major projects that will deliver on
key national objectives, says Infrastructure Partnerships Australia
(17 November 2011)
More...Latrobe Valley mining covenant to go
The Victorian Government is planning to remove a mining
covenant in the Latrobe Valley to free up land for development.
Landowners who certainly have not had the ability to develop as
they would like because of the SUZ5 covenant (14 November 2011)
More...Record value in building permit activity for first
quarter of 2011-12 financial year
Building control compliance, investigations &
enforcement initiatives
Eddington backs plan to overhaul Sydney
transport
Fixing Sydney's rail network and making its ports work
better are infrastructure priorities for NSW, according to the head
of Infrastructure Australia (16 November 2011)
More...Asia the key to building the state
The Treasurer Mile Beard says Asian investors will play a
crucial role in funding the NSW government's ambitious plans to
improve infrastructure and also flagged greater use of
public-private partnerships in infrastructure projects (17 November
2011)
More...Farmer takes mining company to court
An Upper Hunter farmer has lodged an appeal in the Land and
Environment Court to block a mining company from drilling on his
property (10 November 2011)
More...Court approves Duralie mine extension
The Environmental Defenders Office says the new conditions
placed on Gloucester Coal's Duralie mine extension project are
a step in the right direction. The Land and Environment Court
overturned the original approval for the mine extension but then
granted its own approval subject to a series of new
conditions (11 November 2011)
More...2018 Commonwealth Games for Gold Coast
Ms Bligh said the Games could generate up to $2 billion in
economic benefit with up to 30,000 full time-equivalent jobs
created between 2015 and 2020. Over $500 million will now be
invested on sport and transport infrastructure as a direct result
of the successful bid and will also act as a catalyst to fast track
infrastructure development. The Government outlines the new
infrastructure here (12 November 2011)
More...Warrego Highway, Cross River Rail new additions in
Infrastructure Australia submission
Key road upgrades serving the resource rich Surat Basin area
of Queensland are new inclusions in the State Government's
Infrastructure Australia submission. Local Government Minister Paul
Lucas said with the CSG and LNG industry being largely driven by
areas like the Surat Basin, it was important appropriate
infrastructure was in place to support the industry's
growth (17 November 2011)
More...Minister says coal terminal won't hurt nature
reserve
The State Government has moved to reassure a central
Queensland community a proposed coal terminal will not have a
negative impact on a nearby nature reserve (15 November 2011)
More...CBD Building heights grounded
Unless guidelines by Airservices Australia and the Civil
Aviation Safety Authority change, the 274-metre 111+222 development
is the highest a building can be built in Brisbane's central
business district. The restriction is due to fears that tall
buildings could cause radar signal reflection (09 November 2011)
More...Articles
The resources boom and macroeconomic policy in
Australia
Author: Bob Gregory, Peter Sheehan
Australia is in the midst of the most remarkable resources
boom in its history, but the domestic economy is slowing. How can
both of these things be happening at the same time (11 November
2011)
More...Contracts - Inclement
weather—we'll weather the weather, whatever the
weather, whether we like it or not
Author: Alex Hartmann and Jacqueline Truong
Australian Construction Law Newsletter, 2011, Issue 140, pp6
Identifying and managing your legal expectations to
avoid pitfalls in an increasingly demanding project
role
Author: Nicholas Gould
Australian Construction Law Newsletter, 2011, Issue 140,
pp15
No fault option to litigate in dispute resolution
clause
brian millar and matthew senescall
Australian Construction Law Newsletter, 2011, Issue 140,
pp36
Panel contracts—which one?
Author: David Hand
Australian Construction Law Newsletter, 2011, Issue 140,
pp38
Mediation is the only way to justice
Author: David Richbell
Australian Construction Law Newsletter, 2011, Issue 140,
pp48
Current Draft Policies and Plans, Announcements
NSW: Summary of Complaints and
Investigation
The Board has released its fourth edition of the Summary of
complaints and investigations. The Summary describes case studies
of complaints made about the conduct of accredited certifiers.
These case studies can assist and educate stakeholders involved in
the certification process (November 2011)
More...QLD: Building newsflash number 485 - Provision of
building approval data to local government
To remind private building certifiers of the importance of
providing building development application details to local
government for archiving. A private certifier approves a building
development application under the Building Act 1975 requires the
certifier to give the relevant local government a copy of certain
documents within five business days of the approval (11 November
2011)
More...QLD: Building Boost Grant
Queensland Government Building Boost Grants are available to
buy or build a new home from 1 August 2011 to 31 January
2012. Information regarding the grant and an online
eligibility tester is available at the
Office of State RevenueLegislation
Commonwealth
Building and Construction Industry Improvement Amendment
(Transition to Fair Work) Bill 2011
Registered 08 November 2011 - A Bill for an Act to amend the
Building and Construction Industry Improvement Act 2005, and for
related purposes (08 November 2011)
More...NSW
Regulations and other statutory instruments
Mining Amendment (Transitional) Regulation 2011 (2011-586)
— published LW 18 November 2011
Uniform Civil Procedure Rules (Amendment No 49) 2011 (2011-590)
— published LW 18 November 2011
Water Management (General) Amendment (Water Sharing Plans)
Regulation (No 2) 2011 (2011-577) — published LW 11
November 2011
Acts assented to
Plumbing and Drainage Act 2011 No 59 — Assented to 16
November 2011
Statute Law (Miscellaneous Provisions) Act (No 2) 2011 No 62
— Assented to 16 November 2011
Protection of the Environment Legislation Amendment Act 2011
No 63 — Assented to 16 November 2011
Queensland
Regulations
No 221
Survey and Mapping Infrastructure (Survey
Standards—Requirements for Mining Tenures) Notice (No. 1)
2011 – 11 Nov 2011
Survey and Mapping Infrastructure Act 2003
No 227
Transport Operations (Passenger Transport) Amendment Regulation
(No. 3) 2011
Transport Operations (Passenger Transport) Act 1994- 11 Nov
2011
Bills Introduced
Heavy Vehicle National Law Bill 2011
This Bill is for an Act to reconcile variations in state heavy
vehicle laws establish a single, unified approach across all states
and territories with a National Heavy Vehicle Regulator responsible
for the administration of those laws. Introduced by Hon Annastacia
Palaszczuk (Minister for Transport and Multicultural Affairs) (ALP,
Inala) (15 November 2011)
More...Commercial Arbitration Bill 2011
This Bill is for an Act to provide for the conduct of
commercial arbitration consistent with updated national uniform
legislation and with international best practice, replacing the
Commercial Arbitration Act 1990 (15 November 2011)
Commonwealth Games Arrangements Bill 2011
(15 November 2011)
Proclamations
No. 50: Commercial Arbitration Act 2011
Assent: 18/10/2011 SG (No. 330) 18/10/11 p. 1 Commencement: Ss
1AA-47 on 17/11/2011: SG (No. 369) 15/11/2011 p. 1
No. 63: Water Legislation Amendment (Water
Infrastructure Charges) Act 2011
Assent: 15/11/2011 SG (No. 367) 15/11/2011 p. 1 Commencement:
Ss 1-12 on 16/11/2011: s. 2 This Act amends (i) the Water Industry
Act 1994 to apply certain provisions of the Water Charge
(Infrastructure) Rules 2010 of the Commonwealth as a law of
Victoria and (ii) the Essential Services Act
Cases
Gap Constructions Pty Limited & Anor v Vigar Pty
Limited & Ors [2011] NSWSC 1205
INJUNCTIONS - Interlocutory injunctions - plaintiff seeks
continuation of interlocutory orders restraining defendants from
dealing with certain moneys and shares - moneys and shares said to
be traceable from breach of fiduciary duty by defendants -
plaintiffs question propriety of expenditure by fourth defendant
and accuracy and completeness of information provided as to
expenditure - injunction deals with assets the subject matter of
proceedings - principle applicable to Mareva injunctions that party
be allowed to make expenditure for living expenses and legal costs
not applicable where injunction deals with subject matter of claim
- injunction sought specific to such moneys and shares not to
totality of defendants' assets - defendants' have
substantially dissipated moneys by engaging in liberal level of
living expenses - unacceptable situation ought not continue -
injunction continued
More...Larkden Pty Limited -v- Lloyd Energy Systems Pty
Limited [2011] NSWSC
1305CORPORATIONS COMMERCIAL ARBITRATION S 440D of the
Corporations Act 2001 (Cth) an application for leave to bring and
continue proceedings against a company in voluntary administration
for recognition and enforcement of an arbitral award pursuant to s
35 of the Commercial Arbitration Act 2010 (NSW) nature of
discretion to be exercised relevant circumstances leave granted
-
Tribunal determines and declares that the Claimant holds on
constructive trust for the Respondent all its rights, title and
interest in Solfast Pty Ltd and interest in the inventions embodied
in the Assigned Patent Applications More...
ARA Electrical Engineering Services Pty Ltd t/as Bass
Electrical Engineering NSW v McConnell Dowell Constructions (Aust)
Pty Ltd [2011] NSWSC 1377
CONTRACTS - Whether binding and enforceable agreement -
defendant provides plaintiff with request for quotation for
building works - plaintiff submits quote - defendant responds that
plaintiff is successful tenderer and provides draft sub-contract
agreement with schedule of rates to be filled out by plaintiff -
plaintiff fills out and returns draft contract - plaintiff contends
provision of draft contract and announcement that plaintiff
successful tenderer comprised offer capable of acceptance -
plaintiff contends accepted offer by filling in blanks and
returning document to defendant - defendant had communicated that
draft sub-contract was subject to review and had reserved to itself
final execution - improbable that defendant intended to be bound by
whatever plaintiff inserted in schedule - matter inserted in
schedule not subject to prior discussion - viewed objectively no
intention that parties be bound without both parties executing and
communicating execution to one another
More...In the matter of Chameleon Mining NL [2011] NSWSC
1384
CORPORATIONS - public companies - giving of "financial
benefit" to "related party" - statutory requirement
for approval by resolution passed at a meeting of members -
statutory process includes lodgment of material with ASIC before
despatch to members and despatch of any ASIC comments with notice
of meeting - through inadvertence ASIC lodgment not made before
despatch of notice - ASIC's review in any event raises no
concern - application for declaration under s 227 in respect of
steps concerning ASIC lodgment - various other aspects of the
statutory procedure lie in the future - application adjourned as s
227 permits declaration only in respect of the process as a whole
More...Leighton International Limited v Gavin John Hodge [2011]
NSWSC 1381
[PRIVATE INTERNATIONAL LAW] - [PRACTICE & PROCEDURE] -
application to stay proceedings - claims by plaintiffs of breach of
employment contract/breach of duty of loyalty in respect of conduct
in Kuala Lumpur, Malaysia and Indonesia - concurrent process in
Malaysia by defendant for reinstatement - real issues - prospective
witnesses in many different countries in the Asian region - whether
a clearly inappropriate forum for plaintiffs' claims - referral
of questions of foreign law to foreign court or to referee
More...Sturzenegger v Cosmos Building Services t/as Vastrans
Pty Ltd [2011] NSWWCCPD 64
Reasons; failure to determine issue in dispute -
Arbitrator's decision is revoked and the matter is remitted
to a different Arbitrator for all issues to be determined or
re-determined
More...Notaras v In and Out Carpentry (Home Building) [2011]
NSWCTTT 505
Defective work – compensation for damage to property
– penalty/rental - respondent is liable to pay the
applicant $10,450.00 rental for the period August 2010 to October
2010, $ 11,642.00 for damage to the elevator door and windows and
$132,206.00 damages for defective work, making a total of
$154,298.00
More...Finch v Whitfield (Home Building) [2011] NSWCTTT
496
Whether the applicant acted reasonably in refusing the offers
of settlement made by the respondent Whether it is likely that the
applicant would, had the matter been litigated, have been
successful in a similar sum to that ultimately agreed by the
parties - Tribunal has jurisdiction in the circumstances of this
case to make an order for costs
More...The content of this article is intended to provide a general
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