In the media
ARENA funds world-first large scale redeployable hybrid
solar plant
Laing O'Rourke is commencing manufacture of the world's
first fully redeployable large-scale hybrid solar-diesel power
plant suited to supplying power for off-grid remote and regional
locations. ARENA this week announced it would provide funding of
$450,000 towards the $1.5 million pilot roll-out, (14 August 2014).
More...
Mining contractor pleads guilty over death of
electrician at Fortescue Metals Christmas Creek mine
Mining contractor Crushing Services International (CSI) has
pleaded guilty over the death of an electrician at Fortescue
Metal's Christmas Creek mine in WA's Pilbara. FMG also
appointed external consultants to review safety with a focus on
contractors (12 August 2014).
More...
UIA declares commitment to phasing out CO2 emissions in
built environment
The historic declaration, presented on 8 August at the UIA World
Congress in Durban, provides an unprecedented opportunity to reduce
fossil fuel CO2 emissions by setting the global building sector on
a path to phase out CO2 emissions by 2050 (08 August 2014).
More...
Construction sector resurgence should create jobs: HIA
and AIG index
The Australian Industry Group - Housing Industry Association
Performance of Construction Index rose 0.8 points to 52.6
in the July figures. It was the second consecutive month that the
index has been above the 50-point level that separates expansion
from contraction (07 August 2014).
More...
Brisbane City Council's City Plan missing green
metrics
Brisbane's City Plan which sets the city's course to 2031,
has been criticise for setting no firm metrics or enforceable
mechanisms for achieving results in waste, water and energy beyond
minimum standards required by national policies and the National
Construction Code (07 August 2014). More...
Engineers Australia calls for Queensland commitment to
infrastructure
The Queensland branch of Engineers Australia has called for the
Queensland government to address the significant shortfalls in
infrastructure planning for the state following the release of the
community-led Queensland Plan, saying that resource spending is no
longer masking low levels of spending on public infrastructure (07
August 2014). More...
General construction strong while mining growth slows:
WTP report
The latest WT Partnership Review of Australian Construction Market
Conditions to June 2014 shows an increase in general construction
projects progressing to tender and continuing falls in the activity
of the mining and infrastructure sector (06 August 2014). More...
Half of construction products probably not up to
standard in Australia: ACIF
Evidence suggests that the market penetration of non-conforming
products in several key construction product sectors in Australia
may be up to 50 per cent, according to the Australian Construction
Industry Forum (ACIF) (05 August 2014).
More...
New South Wales
NSW Government launches investigation into loose-fill
asbestos
WorkCover NSW will contract an independent specialist to work with
the NSW Heads of Asbestos Coordination Authorities (HACA) to help
establish the scope of properties impacted and determine the number
of premises in NSW that may contain loose -filled asbestos ceiling
insulation material (15 August 2014).
More...
Have your say on Rebuilding NSW
NSW Government is inviting the community to 'have your
say' on plans to generate funding for the State-wide
infrastructure rebuilding program. The government has released a
discussion paper focussing on the issues and concerns about
Rebuilding NSW and the proposed asset lease (15 August 2014). More...
Western Sydney Airport contracts
announced
Under the contract, Ernst & Young will bring together several
firms that include LEK, GHD and Landrum and Brown to harness
specialist aviation, design and commercial expertise to support the
government on the airport development (07 August 2014).
More...
Major Investment in Water Security
Projects
NSW Deputy Premier and Minister for Natural Resources, Lands and
Water announce $17 million in funding for ten projects across eight
Local Government Areas under the most recent round of Water
Security for Regions, including a new round of funding open to an
additional 41 local communities for urgent water security
infrastructure projects (07 August 2014).
More...
Queensland
Brisbane construction on the rise
Brisbane now has 33 per cent more cranes on its skylines than it
did late last year. The Rider Levett Bucknall crane index showed 48
cranes on construction sites around the city, with the Fortitude
Valley, Teneriffe and Newstead skyline filled with more than a
dozen cranes within four square kilometres (14 August 2014).
More...
Housing Minister to dodgy builders: We are coming for
you
Housing Minister Tim Mander says the proposed overhaul of the
building regulator is sending a crystal clear warning to dodgy
builders: we are coming for you. Proposed amendments were
introduced to parliament last week, with special attention being
paid to ensure the dispute resolution process between builders and
consumers was far more timely and effective than it had been
previously under the BSA (14 August 2014).
More...
Victoria
Sparkies threaten strikes over draft building
code
The Victorian construction industry is heading for strife with a
powerful building union warning that talks with employers are at a
stalemate over workplace deals covering 11,000 electricians and a
tough federal building code that is designed to limit the sorts of
claims unions can make in the industry (17 August 2014).
More...
CFMEU appeal thrown out by the High Court
The Construction Forestry Mining and Energy Union (CFMEU) has
failed in its attempt to obtain leave to appeal to the High Court
from a Full Federal Court decision supporting the Victorian
Government's implementation of its building and construction
industry guidelines (15 August 2014).
More...
Victorian consumers to benefit from red tape
cuts
The Victorian Coalition Government has taken action to further
protect consumers, with the passage of the Consumer Affairs
Legislation Amendment Bill 2014 today. The legislation makes
amendments to the Domestic Building Contracts Act 1995, the Estate
Agents Act 1980, the Retirement Villages Act 1986 and the Fire
Services Levy Monitor Act (07 August 2014).
More...
Published – articles, papers, reports
Bushfires Royal Commission Implementation Monitor annual
report 2014
Author: Neil Comrie; Bushfires Royal Commission Implementation
Monitor
This report concludes a five year undertaking to report on the
progress and efficacy of the implementation of the recommendations
of the Victorian Bushfires Royal Commission (05 August 2014).
More...
Practice and courts
Commonwealth Government: Reviewing the role of
regulators (August 2014)
In response to
Statements of Expectations from the Commonwealth Government
regarding its policies, the following regulators have now each
issued
Statements of Intent:
Australian Competition and Consumer Commission
Australian Energy Regulator.
More...
NABERS Indoor Environment (IE) enhancements: industry
comment
The enhancements to NABERS Indoor Environment (IE) are out for
industry consultation. NABERS is seeking broader feedback on these
proposals as well as on further ideas to enhance, streamline and
add value to NABERS IE ratings. The consultation closes on
18 August 2014 (05 August 2014).
More...
Rebuilding NSW involves unlocking $20 billion in infrastructure funding by offering long-term leases on 49% of "poles and wires" network assets to businesses. The government discussion paper focuses on the issues and concerns about Rebuilding NSW and the proposed asset lease. The Have Your Say consultation (link is external) is the first step in a consultation process. Feedback on the discussion paper closes 19 September 2014.
Australian Standards (AS)
DR AS/NZS 3823.1.5:2014 - Performance of electrical appliances - Air conditioners and heat pumps.
DR AS 1735.1:2014 - Lifts, escalators and moving walks - Part 1: General requirements.
DR AS/NZS 1158.4:2014 - Lighting for roads and public spaces - Part 4: Lighting of pedestrian crossings:
Cases
Prospect Resources v Molyneux [2014] NSWSC
1096
CONTRACTS - general contractual principles - conditions precedent
- whether conditions precedent had been satisfied or waived -
whether conditions were 'precedent' or 'subsequent'
- where condition precedent expressly for the benefit of one party
- where conditions precedent include a requirement to reasonably
satisfy a party that conditions precedent in another agreement,
involving different parties, had been satisfied or waived - where
parties to other agreement entered into deed to postpone date for
compliance with conditions precedent - where parties to other
agreement signed letter indicating conditions precedent had been
satisfied - whether parties could be 'reasonably satisfied'
of conditions precedent which had not, in fact, be satisfied -
whether extending time for fulfilment of conditions precedent
amounted to a waiver of conditions precedent - whether letter
signed by parties to other agreement sufficient to 'reasonably
satisfy' of fulfilment of conditions precedent where parties
had a financial interest in fulfilment of the agreement EQUITY -
equitable remedies - specific performance - damages - whether to
grant damages or specific performance of a subscription agreement -
whether a company's unissued capital has any value. More...
Seabreeze Manly v Toposu [2014] NSWSC
1097
Judgment for the plaintiff in the sum of $481,405.61. BUILDING AND
CONSTRUCTION - payment claims - whether there was a
'construction contract' in accordance with the Building and
Construction Industry Security of Payments Act 1999 (NSW), s4 -
definition and construction of 'construction contract' -
definition and construction of 'arrangement' COSTS -
departing from the general rule - where offer of compromise made
Judgment of. More...
Siemens Limited v Forge Group Power Pty Ltd (in
liq) [2014] QSC 184
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS –
INTERLOCUTORY INJUNCTIONS – RELEVANT CONSIDERATIONS –
BALANCE OF CONVENIENCE – where the applicant sought an
injunction restraining the respondent from having recourse to three
bank guarantees – where it was conceded that there was a
serious question to be tried – whether the applicant would
suffer some irreparable injury – whether the applicant would
suffer financial and reputational loss – whether the balance
of convenience favoured the granting of the injunction. More...
Board of Professional Engineers of Queensland v
Shirtcliffe [2014] QSC 179
PROFESSIONS AND TRADES – ENGINEERS – QUALIFICATIONS
– where the Respondent fraudulently applied for registration
as a professional engineer – where the registration sought
was granted by the Board of Professional Engineers (Qld) and
subsequently renewed annually – where the Board of
Professional Engineers (Qld) applies to the Court for declarations
that the initial registration and subsequent renewals are void ab
initio or alternatively, are liable to be set aside – where
the respondent does not oppose the application and made no
submissions – whether the Court make the declarations sought.
More...
Brirek Industries Pty Ltd v McKenzie Group
Consulting (Vic) Pty Ltd [2014] VSCA 165
CONTRACT – Building contract – Owner – Building
surveyor – Building surveyor appointed by builder –
Whether Building Act 1993 (Vic) creates contract between owner and
building surveyor – No consensus ad idem – Building Act
1993 (Vic) ss 17, 24, 70, 78 – Building Regulations 1994
(Vic) r 2.6 – Premier Building and Consulting Pty Ltd (rec
apptd) v Spotless Group Ltd [2007] VSC 377 – Oceanic Sun Line
Special Shipping Company Inc v Fay [1988] HCA 32; (1988) 165 CLR
197. CONTRACT – Building contract – Contract between
owner and building surveyor – Issue of building permits by
building surveyor under Building Act 1993 (Vic) – Whether
validity of building permit depends upon existence of planning
permit – Implied terms in building contract – Whether
building surveyor under an obligation to inform owner that planning
permit has expired – BP Refinery (Westernport) Pty Ltd v
Shire of Hastings (1977) 180 CLR 266. LIMITATION OF ACTIONS –
Building Act 1993 (Vic) – Interpretation of legislation -
Building actions – Limitation of actions – Whether
'long-stop' or 'absolute cap' – Building Act
1993 (Vic) ss 129, 130, 134 – Limitation of Actions Act 1958
(Vic) ss 5, 33 – Accident Compensation Act 1985 (Vic) s 135AC
– Wrongs and Limitation of Actions Act (Insurance Reform) Act
2003 (Vic) – Moorabool Shire Council v Taitapanui [2006] VSCA
30; (2006) 14 VR 55. NEGLIGENCE – Duty of care –
Economic loss – Vulnerability – Building surveyor and
owner – Delay in completion of commercial project –
Loss in the form of financial loss – Liability of building
surveyor to owner – Whether assumption of responsibility by
building surveyor – Perre v Apand Pty Ltd [1999] HCA 36;
(1999) 198 CLR 180 – Woolcock Street Investments Pty Ltd v
CDG Pty Ltd [2004] HCA 16; (2004) 216 CLR 515. PRACTICE AND
PROCEDURE – Pleadings – Amendment – Amendment
after close of evidence – Whether amendment relates back to
date of writ – Abolition – Whether court has a
discretion to order that amendment operate from date of amendment
– Rule in Weldon v Neal (1887) 19 QBD 394 – Limitation
of Actions Act 1958 s 34 – Supreme Court (General Civil
Procedure) Rules 2005 r 36.01(6) – Agtrack (NT) Pty Ltd v
Hatfield [2003] VSCA 6; (2003) 7 VR 63. More...
Legislation
Queensland
Bills progress
State Development, Infrastructure and Planning (Red Tape Reduction)
and Other Legislation Amendment Bill 2014
Introduced on 3/06/2014 Passed with amendment on 5/08/2014.
The Bill repeals legislation to support and contribute to the
Government's election commitment to reduce red tape and amends
legislation to drive economic development in Queensland.
QLD: Queensland Building and Construction Commission and
Other Legislation Amendment
The Bill was introduced into the Legislative Assembly on 7 August
2014. The purpose of the Bill is to implement the third stage of
the government's Ten Point Action Plan, including by
introducing an early dispute intervention process to allow the
Queensland Building and Construction Commission to conciliate or
mediate disputes between consumers and contractors at no cost.
More...
Queensland Building and Construction Commission and Other
Legislation Amendment Bill 2014
Introduced on 07/08/2014 Referred to Committee on 07/08/2014.
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.
