In the media
National
$15 billion drop in infrastructure
forecast
A $15 billion drop in infrastructure is forecast for 2015,
according to the latest Australian Infrastructure Metric. Sharp
falls in transport, utility and mining infrastructure will see $15
billion evaporate from the national economy next year, according to
the report by Infrastructure Partnerships Australia (IPA) and BIS
Shrapnel (10 October 2014).
More...
Regional Development Committees will help allocate one
billion dollar spending on business and
infrastructure
The first round of Stronger Regions funding is open to support
investment in priority economic and infrastructure projects from
freight and transport projects to convention centres and major
multi-purpose sports and community facilities (10 October 2014).
More...
Master Builders Welcomes Extension of Trade Union Royal
Commission
Master Builders Australia welcomes the Government's granting
of an extension to the Royal Commission into Trade union Governance
and Corruption, Wilhelm Harnisch CEO of Master Builders Australia
said (08 October 2014).
More...
Property Council highlights UK infrastructure
wisdom
Australian infrastructure planners should look to UK 'City
Deals' as a vehicle for lifting economic productivity,
according to new research released today by the Property Council of
Australia (08 October 2014).
More...
World's Most Responsible Construction Companies
Unveiled
The world's most socially and environmentally responsible
firms in the construction and building materials sector have been
unveiled as part of a study of 45 of the world's largest and
most ethical companies (07 October 2014).
More...
A better Australia
The Australian Government has proposed the $5 billion Asset
Recycling Initiative. Under this program, the government will
provide incentive payments of 15 per cent of the sale price of
privatised assets sold to state and territory governments, on the
condition that the proceeds of such sales are reinvested in new
productivity-enhancing infrastructure (07 October 2014).
More...
Building approvals rose in August
Approvals for the construction of new homes rose 3.0 per cent in
August, official figures show. Local councils approved the
construction of 16,810 new homes, including houses, townhouses and
apartments in multi-unit buildings, in August (02 September 2014).
More...
All eyes on Newman government: inquiry
NSW Liberal Senator Bill Heffernan says the Senate inquiry
approved this week to investigate the Queensland government and
Premier Campbell Newman sets a dangerous precedent for good
governance (03 October 2014).
More...
New South Wales
CSG risks can be managed: chief scientist
The report comes after the NSW government last week extended its
freeze on new CSG exploration licences for another year. While Prof
O'Kane's report acknowledged CSG mining posed risks to the
environment, she said those risks could be "managed" by
tighter regulation, closer monitoring of the industry and more
training for CSG companies (01 September 2014).
More...
Queensland
Moves to curb lending could put Queensland building
recovery at risk
Latest Queensland regional building approvals figures and housing
finance figures released this week by the Australian Bureau of
Statistics, have continued their positive trend upwards during
August, but Master Builders warns that potential actions by
financial regulators to curb lending could put this improvement in
jeopardy (10 October 2014).
More...
Asset leasing plan will reduce debt and create
jobs
The Queensland Government's $80 billion debt would be reduced
and funds would be freed up for job creating infrastructure under
the final Strong Choices plan to lease some government-owned assets
(07 October 2014).
More...
PUBLIC WARNING - Daniel Richard Renger and Lexys
Kitchens
The Queensland Building and Construction Commission (QBCC) is
urging consumers, contractors and suppliers to be cautious in their
dealings with Daniel Richard Renger trading as Lexys Kitchens, of
Forest Lake. Mr Renger does not hold a QBCC licence (07 October
2014).
More...
Constitutional challenge likely if Senate inquiry tries
to compel Qld Premier
Over the next six months and in the lead up to the Queensland
state election, Senators will examine the use of Commonwealth
money, judicial appointments and mining and development decisions
(01 October 2014). More...
Victoria
New code of practice for Victoria's building and
construction industry
A new Code of Practice for Victoria's building and
construction industry came into force last week, with all new
tenders and expressions of interest to be accompanied by a
declaration of compliance. From 8 October 2014, the new Victorian
Code will apply to Victorian construction projects (08 October
2014).
More...
Coalition Government signs East West Link
contract
Thousands of workers will soon be building Australia's largest
infrastructure project, stage one of the East West Link, after the
Victorian Coalition Government signed contracts with East West
Connect to build this vital piece of transport infrastructure (30
September 2014).
More...
Published – articles, papers, reports
Introducing UK City Deals: A smart approach to
supercharging economic growth and productivity
By the KPMG and the Property Council of Australia
The UK City Deal model is the British Government's innovative
strategy for building stronger urban and regional growth via
smarter strategic planning, infrastructure investment and local
governance, summarised here for the PCA and why it provides a model
for Australia (released October 2014).
More...
Australian Infrastructure Metric June Quarter
2014
Infrastructure Partnerships Australia
Work won in the June quarter was an exceptionally weak finish to
an otherwise strong 2013-14 financial year. However, the outlook
for work done over the next 12 months is forecast to see a $15
billion drop in activity (02 October 2014).
More...
Building Approvals, Australia, Aug 2014
02 October 2014.
More...
Engineering Construction Activity, Australia, Jun 2014
(cat no. 8762.0)
01 September 2014.
More...
Practice and courts
ACIF: Changes to National Construction
Code
The General Manager of the Australian Building Codes Board gave
the ACIF Board a detailed overview of the strategic changes being
implemented by the Board from the beginning of 2015, at our
September meeting. The changes include making the National
Construction Code available free of charge. Governments will now
fund the entire ABCB operation, and the ABCB will no longer need to
produce and sell annual revisions to the NCC (10 October 2014). More...
AS 2047-2014: Building Code of Australia
SAI Global has released a new edition of AS 2047-2014 Windows and
external glazed doors in buildings. Designers must be aware that
the current building regulations through the Building
Code of Australia still references AS 2047-1999 as the
applicable standard for design and compliance (October 2014).
NSW: Loose fill asbestos insulation
Inquiry
This inquiry is a current Parliamentary inquiry conducted by the
Asbestos Insulation Committee. The inquiry was established on 18
September 2014, to report on loose fill asbestos insulation, also
referred to as 'Mr Fluffy' insulation, in homes in New
South Wales. The Inquiry into Loose fill asbestos insulation closes
31 October.
More...
QLD: Approval of MacKay Airport Land Use Plan –
August 2014
Approved pursuant to section 41(1) of the Airport Assets
(Restructuring and Disposal) Act 2008 (s41(4), the Mackay
Airport Land Use Plan – August 2014. The approval of the
Mackay Airport Land Use Plan – August 2014 effective
immediately on the day this notice is gazetted [10 October 2014].
Information regarding the Mackay Airport Land Use Plan –
August 2014. More...
VIC: Victorian Code of Practice for the Building and
Construction Industry 2014
From 8 October 2014, the new Victorian Code will apply to
Victorian construction projects previously covered by the
Implementation Guidelines. Workplace conduct, agreements,
arrangements, practices and procedures engaged in or entered into
from 8 October 2014 must not be inconsistent with the objectives of
the Victorian Code. More...
Cases
Brookfield Multiplex Ltd v Owners Corporation Strata
Plan 61288 [2014] HCA 36
Negligence – Duty of care – Pure economic loss –
Strata-titled apartment complex constructed pursuant to contract
between builder and developer – Apartments sold pursuant to
standard form contract of sale – Contracts conferred rights
to have defects remedied – Latent defects in common property
– Owners corporation for strata scheme claimed damages from
builder for pure economic loss – Whether builder owed owners
corporation a duty of care – Relevance of inquiry into
whether builder owed anterior duty of care to developer. Words and
phrases – "assumption of responsibility",
"common property", "disconformity of
obligations", "proximity", "pure economic
loss", "reliance", "vulnerability". More...
Zaghloul v Woodside Energy Ltd (No 5) [2014]
FCA 1042
PRACTICE AND PROCEDURE – application by applicant seeking
summary judgment - circumstances where there are disputed questions
of fact – respondent's intention to call witnesses to
dispute allegations – applicant's application dismissed
– application by respondent seeking summary judgment and
other relief – effect of ss 60(2) and 60(4) of the
Bankruptcy Act 1966 (Cth) - whether or not claims made
pursuant to s 52 of the Trade Practices Act 1974 (Cth)
(TPA) maintainable – applicant's claims for damages for
personal injury under the TPA dismissed – respondent's
interlocutory application otherwise dismissed. More...
Lend Lease Pty Ltd v Sugar Australia Pty Ltd
[2014] VSC 476
CONSTRUCTION CONTRACT – Recourse to a security provision
– Bank guarantees as security – Construction of clause
– Whether a triable issue. INJUNCTION- Interlocutory
injunction application - Approach where proper construction of a
contract is in issue - Triable issue – Balance of convenience
- Inadequacy of damages – Injunction granted.
The Defendant ('Sugar Australia') as the Principal under a
construction contract seeks immediate recourse to two bank
guarantees provided by the Plaintiff ('Lend Lease'), which
was the Contractor, in the total sum of $4,190,000 (the 'Bank
Guarantees'). Lend Lease provided the Bank Guarantees as
security for its performance of a contract (the 'Construction
Contract'), to upgrade a refined sugar station at Yarraville in
Victoria (the 'Project'). Lend Lease has since terminated
the Construction Contract. More...
Hallmarc Construction v Saville [2014] VSC
491
BUILDING CONTRACTS - Building and Construction Industry
Security of Payment Act 2002 (Vic) – Adjudication
determination – Whether payment claim invalid – Payment
claim served out of time under the Act - Jurisdictional error found
– Adjudication determination quashed.
ADMINISTRATIVE LAW – Judicial review - Decision of
adjudicator appointed under the Building and Construction
Industry Security of Payment Act 2002 (Vic) – Whether
certiorari should be granted to quash the decision - Payment claim
served out of time under the Act - Jurisdictional error found
– Declarations as to invalidity made - Adjudication
determination quashed. More...
RE Scott Johnson; Ex Parte Decmil Australia Pty Ltd
[2014] WASC 348
Administrative law - Prerogative writs - Whether adjudication
under Construction Contracts Act 2004 (WA) involved
jurisdictional error - Jurisdictional facts - Turns on own facts.
Building and construction - Security of payments legislation - Time
at which payment dispute arose - Whether jurisdictional error by
the adjudicator Construction Contracts Act 2004 (WA), s
26, s 31(2)(a). More...
Legislation
Queensland
Bills Updated
Introduced on 7/08/2014 Stage reached: Report from Committee on
8/10/2014.
More...
Introduced on 21/05/2014 PASSED with amendment on
11/09/2014
Assent Date: 26/09/2014 Act No: 50 of 2014
Commences: by Proclamation.
More...
No 50 Building and Construction Industry Payments Amendment Act 2014 - 26 September 2014.
Subordinate legislation as made
No 233: Queensland Building and Construction Commission Amendment Regulation (No. 2) 2014 - 09 October 2014 - Queensland Building and Construction Commission Act 1991 - Replacement of sch 1A (Board's policies approved under section 19 of the Act.
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