In the media – National
A five-point plan puts sustainable buildings,
communities and cities within our grasp
The GBCA's plan outlines the policies that can drive down
emissions while enhancing productivity, liveability and
sustainability in our cities (01 June 2016).
More...
MBA: Building approvals defy expectations
Building approvals are up for the second month in a row off the
back of increases in units – proof that there's still no
sign of waning demand for units. According to the latest ABS
figures, April approvals for units increased by 20.1 per cent over
the month from 2,336 to 2,806 (seasonally adjusted) – up 22.5
per cent over the year (01 June 2016).
More...
$1.5 million tall timber buildings research grant
awarded
Hyne Timber, in partnership with the University of Queensland, has
welcomed the announcement of more than $1.5 million funding for
tall timber buildings research (31 May 2016).
More...
Lack of awareness and limited disposal options
contributing to national illegally dumped asbestos
problem
A report commissioned by the national Asbestos Safety and
Eradication Agency has shone a light on the cost to the community
of illegal dumping of asbestos (31 May 2016).
More...
Cyclone resilience in the north
The James Cook University Cyclone Testing
Station, with support from the Queensland
Government and
Suncorp, recently commenced the Resilient Residence project.
The project will target homes built before 1982, when more
stringent requirements were adopted as part of the
Building Code of Australia to prevent wind and cyclone related
damage to homes (26 May 2016).
More...
Huge risks for off-the-plan apartment
buyers
A businessman who lost more than $15 million in an off-the-plan
penthouse purchase is warning ordinary apartment buyers to be aware
they can lose much more than their deposit if they break the
contract (26 May 2016).
More...
Industry bodies call for infrastructure spending
commitment
Eight infrastructure and construction industry bodies have joined
forces to call on political parties to make a commitment to
maintaining long-term infrastructure spending ahead of the July
election (25 May 2016).
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ACCI warns Australia's living standards are in
jeopardy without budget repair
Major business lobby group the Australian Chamber of Commerce and
Industry warns living standards in Australia are in jeopardy
without significant budget repair (25 May 2016).
More...
In the media – Victoria
Blueprint for better regional public transport
released
The Victorian Government today released the first ever long-term
strategy for public transport in regional Victoria. The
Regional Network Development Plan (RNDP) sets out a short,
medium and long-term plan for more trains, improved stations and
better bus and coach services (30 May 2016).
More...
Australian Energy Regulator issues final decisions for
Victorian electricity distributors
The Australian Energy Regulator has announced its final decisions
on revenues for the five businesses that run Victoria's
electricity networks. The cost of running these electricity
networks makes up between 20 and 40 per cent of electricity bills
in Victoria (26 May 2016).
More...
In the media – New South Wales
Boost to housing pipeline: Home approvals jump by 10 per
cent
NSW's housing supply will soon receive a big boost after the
ABS confirmed that building approvals rose by more than 10 per cent
in April – extending the string of recent record highs (31
May 2016).
More...
Newcastle Light Rail needs integrated
mindset
Engineers Australia is urging changes to the final design of the
proposed Newcastle Light Rail to ensure the project contributes to
an effective integrated transport system (27 May 2016).
More...
Urban Taskforce: Intergenerational report highlights the
need to change urban structures in New South Wales
The Intergenerational Report released by the New South Wales
Treasurer highlights major changes over the next 40 years that will
affect our urban areas, says the Urban Taskforce (26 May 2016).
More...
In the media – Queensland
Construction starts on $170M Fortitude Valley tower
creating more than 1,300 jobs
Acting Premier Jackie Trad has turned the first sod on a $170
million office tower on Brisbane's city fringe, which is set to
support more than 1,300 local construction jobs across the next two
years (03 June 2016).
More...
Queensland triples solar ambition for clean energy
future
The Palaszczuk Government has tripled its election commitment in
providing long-term financial support to up to 120 megawatts of
installed large-scale solar generation (01 June 2016).
More...
Queensland records highest building approvals growth in
Australia for April
In another encouraging sign for the Queensland Economy, we have
recorded the highest growth in building approvals in April of any
State and are above the national growth rate Treasurer Curtis Pitt
said today (31 May 2016).
More...
Published
Securing renewables: How batteries solve the problem of
clean electricity
The Australia Institute: Dan Cass; 31 May 2016
As batteries become more widespread, this will answer the final
objection to vigorously developing our clean energy resources.
ACI Construction Brief: Interest rates: more reductions on
the way?
Insights into the effect of the RBA interest rate cut at the
beginning of May, the eleventh such reduction since rates started
coming down in late 2011, with the Official Cash Rate down to an
all-time low of just 1.75 per cent, which is well below the 3.00
per cent trough reached during the depths of the GFC in 2008 (23
May 2016).
Building and Construction Law Journal update: May
2016
The latest Part of the Building and Construction Law Journal
includes the following article: "The procurement decision
– John Cooper and Greg Begaud". Also in this Part is an
Editorial; Book Reviews; a Speech; and Reports on the following
cases: Gregory Paul Saville v Hallmarc Construction Pty Ltd; and
Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty
Ltd.
In practice and courts – National
Subcontractors cannot be required to enter into specific
enterprise agreements
Fair Work Building and Construction (FWBC) has become aware that
at least one building contractor in Victoria appears to be making
it a requirement for its subcontractors to enter into the proposed
draft CFMEU Enterprise Agreement (31 May 2016).
More...
In practice and courts – New South Wales
Announcements, Draft Policies and Plans released 2016
New South Wales Loose-fill asbestos insulation
regulatory amendments
Additional requirements for managing loose fill asbestos
insulation are now in place and more will take effect this year,
including a requirement for councils in relation to section 149
certificates.
More (Finance, Services & Innovation NSW)...
More (Fair Trading NSW)...
In practice and courts – Queensland
2016 Major Project Series launch in
Brisbane
In Brisbane on 12 July for the launch of the Department of State
Development launches the
2016 Major Projects Series. With guest speakers from The Star
Entertainment Group, hear first-hand about how Queensland
businesses can access new markets and opportunities for the $3
billion
Queen's Wharf Brisbane Integrated Resort Development.
Queensland 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
Ottoway Engineering Pty Ltd v Westpac Banking Corporation
[2016] FCA 635
PRACTICE AND PROCEDURE – application for an interlocutory
injunction to restrain the respondent from having recourse to a
bank guarantee – whether bank guarantee should be construed
as a performance bond by way of bank guarantee or as an ordinary
commercial guarantee – construction of the bank guarantee
– whether there is a serious question to be tried –
whether balance of convenience favours granting injunction
Australian Consumer Law (Sch 2 to the Competition and Consumer
Act 2010) (Cth) ss 18, 20 It is common ground, at least for
the purposes of this application, that Ottoway and Bluenergy
entered into a building contract for the performance of building
work by Ottoway for Bluenergy.
SSC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty
Ltd [2016] VSCA 119
BUILDING CONTRACTS – Building and Construction Industry
Security of Payment Act 2002 ('the Act') –
Whether a contractual provision in the relevant construction
contract that mandates attendance of the parties at mediation is a
'method of resolving disputes' for the purposes of s
10A(3)(d)(ii) of the Act – Purpose of the Act considered
– Whether adjudicator valued work in accordance with the Act
– Valuation task of adjudicator under the Act considered
– Whether terms of construction contract void under s 48 of
the Act for inconsistency with the Act.
ADMINISTRATIVE LAW – Judicial review – Determination
of an adjudicator appointed under the Building and Construction
Industry Security of Payment Act 2002 – Whether error of
law amounting to jurisdictional error – Whether adjudicator
is bound to adopt pricing by the superintendent. STATUTORY
INTERPRETATION – Construction of legislation to be borne out
by its context – CIC Insurance Ltd v Bankstown Football
Club Ltd (1997) 187 CLR 384.
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.