In the media – National
Building Certifiers under the Gun
Owners corporations and strata managers have the
potential to benefit from two recent decisions in Victoria and New
South Wales in which building certifiers are being held accountable
for work they signed off on which has been found to be defective
(18 April 2016). More...
Timeline to an election – The ABCC Bill
A federal election is now very likely to be held on 2
July 2016. The Senate, on 18 April 2016, voted to not proceed
to a third reading of the Building and Construction Industry
(Improving Productivity) Bill 2014, (ABCC Bill) which would
re-establish the Australian Building and Construction Commission
(ABCC) (19 April 2016).
More...
Court imposes $24 000 fine and three year ban for unsafe
asbestos removal
Today the Industrial Court convicted Mr Anthony Rosier
from Eco Asbestos Removal Service of seven counts of unsafe
asbestos removal work, including undertaking Class A asbestos
removal work without authorisation (18 April 2016).
More...
Construction company fined $30,000 over 8m fall
A construction company was fined $30,000 over an incident
in which an employee was seriously injured after falling eight
metres through unsecured metal sheeting (15 April 2016).
More...
Malcolm Turnbull's radical plan to pay for fast
train
A fast train network linking Australia's east coast
capitals and regional centres could be one step closer with Malcolm
Turnbull set to announce a radical new funding plan that could see
plans for a high speed rail network for Australia's east coast
finally start to speed up (11 April 2016).
More...
In the media – Victoria
Melbourne sky train level crossing contract
The signing of the $1.6 billion Sky Train level crossings
contract will rid Melbourne of nine of the worst intersections
between the road and rail networks (22 April 2016).
More...
Victorian Government to fund Western Distributor toll
road
The Victorian Government will fund the proposed Western
Distributor toll road, after the Commonwealth refuses to contribute
to the project (14 April 2016).
More...
Victorian government's on-going commitment towards
state infrastructure
The Victorian government has unveiled plans in the 2015
state budget to commit $22 billion towards public infrastructure
over the next four years. The legislative body is tasked to meeting
Victoria's immediate and long-term infrastructure needs are
identified and prioritised based on objective, transparent analysis
and evidence, in conjunction with initiatives such as Plan
Melbourne Refresh (13 April 2016).
More...
Expressions of Interest open for Western Highway
project
Expressions of Interest have been called for to duplicate
the Western Highway from Buangor to Ararat, as work continues on
the $662.3 million upgrade between Ballarat and Stawell. The
Western Highway is one of Victoria's significant interstate
freight routes(12 April 2016).
More...
Monash upgrade the centrepiece of Turnbull Govt VIC
infrastructure Package
The Turnbull Government has committed to an additional
$1.5 billion to get on with essential infrastructure to support
Victoria's regions and ensure Melbourne retains its mantle as
one of the most liveable cities in the world (11 April 2016).
More...
Vital upgrades to ensure safer, more secure city
loop
The $11 billion dollar Melbourne Metro Rail Project will
unlock the congestion in heart of the network by building a new
cross-city tunnel, with new CBD stations connected directly to the
city loop, with better trespasser detection and fire prevention
systems to be installed in the four underground tunnels and three
underground stations (11 April 2016).
More...
In the media – New South Wales
Sydney Metro opens for tender
Sydney Metro has started the tender process to build the
new twin metro railway tunnels under Sydney Harbour and through the
CBD for stage two of the project (13 April 2016). More...
Demolition company fined $3,000 for failing to use
mandatory WasteLocate tracking system for asbestos waste
Demolition company Perfect Demo Pty Ltd has become the
first business to be fined by the NSW EPA for failing to register
waste loads on the mandatory waste tracking system (14 April
2016). More...
$17 billion in record building activity in NSW
Another record has been broken for the NSW housing
industry, according to ABS figures released today, With more than
65,000 new homes under construction by the end of 2015 – the
largest number since records began in 1969 (13 April 2016).
More...
High Speed Rail: We're digging a new Sydney Metro
harbour crossing now
The Baird Government's ambitious Sydney Metro rapid
transit project to use tube-style trains across the city has inched
closer to arriving at an official total price tag after tenders
were called to finally dig two new train tunnels under Sydney
harbour (13 April 2016).
More...
In the media – Queensland
QLD Construction Payment Reform Needed, Subbies
Say
A key subcontractor representative in Queensland has hit
out at claims that the case for reform of subcontractor payments in
that state has not been made, saying that the need for change is
highlighted by a spate of insolvencies and a 'culture of
non-payment' (21 April 2016).
More...
Coal dust reforms a priority job, says Minister
Coal dust reforms were underway as a government priority
to protect the health and safety of coal workers, Natural Resources
and Mines Minister Dr Anthony Lynham said today (20 April 2016).
More...
No plans to compete for work from licensed electrical
contractors
The Palaszczuk Government has no plans for a merged power
distribution company to compete for work from existing licensed
electrical contractors who do solar or electrical work at the
household level (20 April 2016).
More...
All board Cross River Rail, but LNP off track
Minister for Transport Stirling Hinchliffe today called
on the Queensland LNP to follow the lead of their federal
colleagues and get behind Queensland's number one priority
infrastructure project, Cross River Rail (11 April 2016).
More...
In practice and courts - National
Consultation: GRESB Infrastructure Assessment
The GRESB Infrastructure Assessment, which offers a
new global benchmark for the environmental, social and governance
performance of infrastructure assets. About 40 asset owners, fund
managers and other industry participants turned out to learn about
the new assessment and to ask whether improved ESG performance will
result in improved financial value. The submission deadline is 1
July 2016: Results will be published in October 2016.
ABCB consultation: Fire Sprinkler Regulatory Impact
Statement
The ABCB is inviting stakeholders to comment on the
Automatic Fire Suppression Systems for Covered Balconies in
Residential Buildings Consultation Regulation Impact Statement
(RIS). The RIS assesses the problem of fire occurring on balconies
of residential buildings over 25 metres and considers options to
safeguard occupants in the case of a fire event. Submissions close
on 26 April 2016. More...
In practice and courts – Victoria
Announcements, Draft Policies and Plans released 2015
VBA prosecutions
Unregistered Bulla builder and plumber fined
$10,000 (15 April 2016)
Unregistered builder convicted and fined
$30,000 (15 April 2016)
In practice and courts – New South Wales
Announcements, Draft Policies and Plans released 2015
NSW: Register loose fill asbestos
properties
Property owners whose homes have been affected by
loose-fill asbestos insulation have until August to register with
the Fair Trading Loose-Fill Asbestos Insulation (LFAI) taskforce
(13 April 2016).
More...
NSW: Applications for Cooperative Drilling Funding close
soon
All mineral exploration companies are called upon to
lodge their funding applications for Stage 2 of the NSW
Government's New Frontiers Cooperative Drilling program before
the closing date of 29 April 2016.
More...
In practice and courts – Queensland
Announcements, Draft Policies and Plans released 2015
QLD QBCC: Public Warning – Mr Zac Mar / MR
Lifestyle Constructions Pty Ltd / TS Home Services Pty Ltd
We urge consumers, contractors and suppliers to exercise
extreme caution in their dealings with Mr Zac Mar, MR Lifestyle
Constructions Pty Ltd and TS Home Services Pty Ltd (13 April 2016).
More...
QLD QBCC: New adjudication qualification course starts
April 2016
A three day course will be delivered by Contract
Administration Group Pty Ltd.
More...
QBCC Disciplinary actions
Licensees suspended or cancelled. More...
Licensees excluded. More...
QLD: Regional projects in spotlight at 2016 Major
Projects Series
The department's regional offices are hosting a
series of Regional Major Projects Forums throughout 2016 that focus
on important issues and challenges in specific regions.
More...
Cases
Probuild Constructions (Aust) Pty Ltd v DDI Group
Pty Ltd [2016] NSWSC
462
ADMINISTRATIVE LAW – procedural fairness –
application for order under s 69 of Supreme Court Act 1970
(NSW) to quash adjudication determination made under Building
and Construction Industry Security of Payment Act 1999 (NSW),
Pt 3, Div 2 – whether adjudicator rejected head
contractor's set-off claim to liquidated damages on bases not
contended for or notified to parties – where head contractor
had submitted sub-contractor had no entitlement to extension of
time – where sub-contractor had submitted liquidated damages
claim unreasonable – where adjudicator rejected set-off claim
on basis that head contractor, acting reasonably, should have
granted extension of time to sub-contractor – no denial of
procedural fairness.
More...
Queensland Building and Construction Commission v
Sullivan & Ors [2016] QDC 086
Court accepts the arguments of the plaintiff that the
references in the relevant legislation, which is the Body Corporate
and Community Management Act, to the authorisation of the body
corporate to remedy defective building work where there is
"shelter or support adversely affected" would give an
interest to it as a 10 claimant. More...
Lloyd v Gully Concrete [2016]
QCAT 036
Contractual error accepted by contractor-offer to remove
slab but owner incurred substantial costs in obtaining
engineer's report and having slab removed-finding that owner
had a duty to mitigate any loss and did not act reasonably.
More...
Denham Constructions Pty Ltd v Islamic Republic of
Pakistan [2016] ACTSC 67
BUILDING AND CONSTRUCTION – claim of debt arising
under the Building and Construction Industry (Security of
Payment) Act 2009 (ACT) from a failure to serve a payment
schedule in response to a payment claim – application by
plaintiff for summary judgment – arguable defence challenging
validity of payment claim identified – application for
summary judgment dismissed. More...
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