In the media
National
MBA: Growth in Building Approvals to continue despite
June Fall
The underlying strength in building approvals continues and should
help sustain growth in residential building despite the 5 per cent
seasonally adjusted fall in the building approvals for June (31
July 2014).
More...
Call to rein in union entry rights
Builders have called for sweeping nationwide restrictions on
unions entering construction sites, including forcing officials to
give 24 hours' notice "in all circumstances''
before they can walk on to projects for safety reasons, with
Queensland changes to right of entry laws (01 August 2014).
More...
MBA: Impact of carbon tax repeal
overstated
Despite contrary commentary from a variety of punters, Master
Builders does not believe the repeal of the carbon tax will result
in an immediate reduction in the cost of new homes, with the true
impact of the tax repeal difficult to predict because of a range of
influencing factors (25 July 2014).
More...
Inaugural Global Investment Forum (P20) future
plans
The GIF will build on the recommendations coming out of the
current round of B20 and G20 meetings to develop an action plan
that will deliver to governments the basic requirements of
long-term investors for successful capital-raising for
infrastructure and other long-term investments (24 July 2014). More...
Victoria
Practical reforms for building in bushfire
areas
Changes to Victoria's bushfire planning regulations were
introduced giving greater certainty to residents and landowners in
bushfire designated areas. The reforms allow alternative safety
measures and sensible safety regulations to be considered, which
may enable people to reduce their defendable space and build to a
lower Bushfire Attack Level (31 July 2014).
More...
More...
$500m Bundoora project is delivering Plan
Melbourne
Minister for Planning Matthew Guy today opened a new $500 million
residential and retail hub in Bundoora, one of three major
redevelopment projects in the housing hot spot (31 July 2014).
More...
Coalition's Regional Growth Plan for Hume region
will build industry, tourism, freight
The diversity of the Hume region will contribute to Victoria's
strong regional and economic growth, under a long-term vision for
the region released by the Government (23 July 2014).
More...
Coalition Government commences major projects tender
process
Treasurer Michael O'Brien and Minister for Roads and Public
Transport Terry Mulder have called for engineering and planning
tenders on the Melbourne Rail Link and the Western section of the
East West Link projects (23 July 2014).
More...
New South Wales
New Port terminal to drive economic
growth
NSW Premier Mike Baird has officially opened Sydney's third
container terminal at Port Botany – an investment that will
boost NSW's competitiveness in global trade and drive economic
growth. Sydney International Container Terminals (SICTL) has
invested more than $300 million in the facility (25 July 2014).
More...
Growth councils receive $25.5 million infrastructure
boost
Minister for Planning Pru Goward was joined by the Members for
Hawkesbury, Baulkham Hills, Riverstone and Londonderry to announce
over $25 million in infrastructure funding for local councils in
these areas (23 July 2014).
More...
Queensland
$1.5 million to support resource exploration and
jobs
Sixteen resource companies will be helped to unlock
Queensland's mineral wealth and create jobs with a $1.5 million
in collaborative drilling grants announced by the Newman
Government. The successful exploration projects will focus on gold,
copper-gold, zinc-lead-silver, uranium and coal deposits in
greenfield and brownfield regions of Queensland (01 August 2014).
More...
Government approves Australia's largest coal mine
project
After undertaking a thorough assessment and consideration under
national environment law, the Federal Government has approved the
Carmichael Coal Mine and Rail Infrastructure project, which will
have a resource value of $5 billion per annum over 60 years. It
will generate an estimated 2475 construction jobs and a further
3920 jobs during the operations phase (28 July 2014).
More...
Royal commission will hear evidence on construction
business in Queensland
Major construction firms in Queensland have been called to give
evidence at the royal commission into trade union governance and
corruption on Brisbane on 04 August (01 July 2014).
More...
Published – articles, papers, reports
Will we let the sun shine in? Trends in the Australian
solar industry
Matt Grudnoff, Richard Denniss, The Australia Institute
This paper provides a brief overview of the size, growth and
prospects for the Australian solar industry and argues that as the
number of solar panels installed continues to rise, the cost of
installation and maintenance will continue to fall (28 July 2014).
More...
Modifications to standard forms of contract: the impact
on readability
Author: Raufdeen Rameezdeen, Anushi Rodrigo, Australasian Journal
of Construction Economics and Building, Vol 14, No 2 2014.
More...
Practice and courts
Infrastructure Sustainability Conference 2014, Sydney,
21 August 2014
The inaugural conference with the theme 'Blue is the New
Green', will bring together all infrastructure professionals
who want to be at the forefront of infrastructure sustainability,
knowledge on how infrastructure sustainability can deliver value
and long-term benefits to government, business and communities.
More...
NSW: Home Building Regulation 2014 - comments close 15
August 2014
Comments are invited to help improve the laws for residential
building work and specialist trades. The draft Regulation outlines
proposed changes for insurance, licensing and fees, among other
updates to boost the industry and protect consumers. These support
recent changes to the Home Building Act 1989
Read the draft Regulation and Regulatory Impact Statement, and find
out how you can take part on the NSW Fair Trading website (28
July 2014).
NSW BPB: EPA Regulation and fire safety
requirements
New obligations for certifiers where fire safety development
affects an existing building came into effect on 18 July 2014.
Amendments to the Environmental Planning and Assessment Regulation
2000 affect class 1b-9 buildings (not class 1a or 10 buildings).
More...
VIC: Practical reforms for building in bushfire
areas
Changes to Victoria's bushfire planning provisions were
introduced today giving greater certainty to residents and
landowners in bushfire designated areas. See
information about the changes introduced by Amendment VC109 (31
July 2014).
More...
VWA: Safety Alert: Danger of freestanding masonry
walls
Advice for employers (and others) on managing risks associated
with freestanding masonry walls on construction sites. Unstable or
inadequately braced masonry walls expose workers and members of the
public to a risk of death or serious injury (July 2014).
More...
Cases
Downer EDI Engineering v Taralga Wind Farm Nominees
No.2 [2014] NSWSC 971
Accept defendant's undertaking not to dissipate its assets.
Order disclosure of trust assets and documents. PROCEDURE -
Application for freezing order in relation to judgment debt -
whether to make freezing order where judgment debtor failed to
provide financial information or to give undertaking not to
dissipate assets - whether to make freezing order where balance of
convenience considerations. Uniform Civil Procedure Rules
2005 (NSW). More...
Wiggins Island Coal Export Terminal Pty Ltd v Sun
Engineering (Qld) Pty Ltd & Anor [2014] QSC
170
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS –
INTERLOCUTORY INJUNCTIONS – RELEVANT CONSIDERATIONS –
BALANCE OF CONVENIENCE GENERALLY – where the applicant is
seeking to stay an adjudicator's decision made under BCIPA that
required it to pay monies to the respondent - where the monies are
currently being held in Court – where the respondent conceded
that a "prima facie" case had been shown by the applicant
– where the main issue turned on the balance of convenience
– where the applicant submitted that it doubted the
respondents financial capacity – where the applicant
submitted it should not bear the risk that the respondent would be
able to repay the monies the applicant is successful in the final
hearing – where the respondent submitted that as a matter of
policy under BCIPA the adjudicated amount should be paid to it
– whether the applicant should bear the risk that if it is
successful in the final hearing the respondent would be unable to
repay the monies. CONTRACTS – BUILDING, ENGINEERING AND
RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION
OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS –
ADJUDICATION OF PAYMENT CLAIMS – where an adjudicator's
decision was made in favour of the respondents – where the
applicant will challenge the validity of the adjudicator's
decision at a further hearing – where the applicant will
argue that due to jurisdictional error the adjudicator's
decision is void – where the applicant submits that the
payment to the respondent should be stayed until the final
determination – whether as a matter of statutory policy the
applicant carries the risk that monies paid under an
adjudicator's decision may not be refunded if the
adjudicator's decision is void. More...
McConnell Dowell Constructors (Aust) P/L & Anor
v QCLNG Pipeline P/L [2014] QSC 157
ARBITRATION – AWARD – APPEAL OR JUDICIAL REVIEW
– GROUNDS FOR REMITTING OR SETTING ASIDE – ERROR OF LAW
– where applicants challenged findings as to the proper
constructions of the contract and causation made by the majority in
the arbitral award – where, even if successful on some
grounds, it is unlikely that a different substantive outcome would
be reached on an appeal on a question of law – whether
particular grounds were a question of fact or law – whether
leave to appeal should be granted. CONTRACTS – DISCHARGE,
BREACH AND DEFENCES TO ACTION FOR BREACH – CONDITIONS –
where arbitral tribunal held that the applicants could not recover
for the respondent's breach of contract because their own
breach precluded recovery – where the obligations required
one party to obtain certain authorisations and the other to give
"every assistance" – whether these respective
obligations were "mutually dependent and concurrent
conditions". ARBITRATION – AWARD – APPEAL OR
JUDICIAL REVIEW – GROUNDS FOR REMITTING OR SETTING ASIDE
– ERROR OF LAW – CONSTRUCTION OF CONTRACT – where
the applicants argued that their recovery of damages for the
respondent's breach was not precluded because their own breach
was a concurrent cause of their loss – where the
respondent's breach involved a failure to obtain approvals so
that work could commence – whether a question of fact or law.
ARBITRATION – AWARD – APPEAL OR JUDICIAL REVIEW –
GROUNDS FOR REMITTING OR SETTING ASIDE – ERROR OF LAW –
where some potential errors of law in the arbitral award were
identified – where the essential reasoning is likely to be
sound – whether leave to appeal should be granted. More...
MJ Arthurs Pty Ltd v Heaysman & Anor [2014]
QDC 160
CONTRACT – Offer and acceptance – need for
communication of acceptance – whether made to authorised
agent of offeror – when effectively made. PRINCIPAL AND AGENT
– Authority of agent – whether third party agent
– scope of authority of agent to receive communications on
behalf of principal – no implied authority. BUILDING AND
ENGINEERING CONTRACTS – Statutory regulation –
obligation to provide copy – whether and when performed
– right to withdraw – when arising – whether
exercised. More...
Queensland Building and Construction Commission v
Watkins [2014] QCA 172
PROFESSIONS AND TRADES – BUILDERS – STATUTORY
INSURANCE SCHEME – where the appellant sought summary
judgment against the respondent in relation to a sum of money said
to be payable under the Queensland Building Services Authority Act
1991 (Qld) – where the respondent then applied to the
Queensland Civil and Administrative Tribunal challenging the
appellant's approval of an insurance claim against the
respondent – where this application was brought outside of
the statutory time limit – whether QCAT has the power to
extend the time in which to make such an application –
whether summary judgment should have been granted. Hope v
Brisbane City Council [2013] QCA 198, considered Lange v
Queensland Building Services Authority [2012] 2 Qd R 457;
[2011] QCA 58, cited Mahony v Queensland Building Services
Authority [2013] QCA 323, followed McKain v RW Miller
& Co (SA) Pty Ltd (1991) 174 CLR 1; [1991] HCA 56,
considered Namour v Queensland Building Services Authority
[2014] QCA 72, considered Queensland Building Services
Authority v Orenshaw & Anor [2012] QSC 241, cited
Watkins v Queensland Building Services Authority [2013]
QCAT 535, related. More...
United Airport Parking Pty Ltd v TMA Tech Pty
Ltd [2014] VSC 343
INJUNCTIONS – Ex parte interlocutory injunction –
Obligations under commercial contract – Non-disclosure of
material facts – De novo application for new interlocutory
injunction – More limited interlocutory injunction granted
– Disputed sum to be paid into court. The plaintiffs contend
that in September 2012 they engaged the defendant to create,
install and maintain the technical system that operates the car
park, including the boom gate. Payment was to be $256,300 of which
half has been paid and, as I understand it, the sum of $128,150
remains owing. More...
Legislation
Commonwealth
New South Wales
Regulations and other miscellaneous
instruments
Environmental Planning and Assessment Amendment (Mining and
Petroleum Development) Regulation 2014 (2014-463) —
published LW 25 July 2014.
Environmental Planning Instruments
State Environmental Planning Policy (Mining, Petroleum Production
and Extractive Industries) Amendment 2014 (2014-467) —
published LW 25 July 2014.
Queensland
Bills
State Development, Infrastructure and Planning (Red Tape Reduction)
and Other Legislation Amendment Bill 2014. Introduced by:
J W Seeney MP on 3/06/2014
Stage reached: Report from Committee on 28/07/2014.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.