In the media – National
Last Queensland Inland Rail preferred section
selected
Federal Minister for Infrastructure and Transport Darren Chester
today announced the preferred corridor for the
Yelarbon and Gowrie section of the
Inland Rail project, which will transform regional economies
(05 October 2017).
More...
Building surveyors step up with a policy on dodgy
building products
The Australian Institute of Building Surveyors has called for
urgent, nation-wide overhaul of building regulations to address
dodgy building products. According to AIBS president Timothy
Tuxford, there are "ambiguities in the National Construction
Code, a lack of oversight and auditing, no mechanism for checking
whether building products arriving on site are properly certified
to Australian standards..." (03 October 2017).
More...
More...
In the media – Victoria
New Rehab Bonds for Latrobe Valley Coal
Mines
The Andrews Labor Government is giving Latrobe Valley communities
greater confidence in mine safety and rehabilitation by announcing
new security bonds for the three local mine operators. The bonds
allow the Government to draw on the money should any of the mine
operators not fulfil their rehabilitation obligations (06 October
2017).
More...
Plans submitted for southern hemisphere's largest
wind farm
A German-based wind farm manufacturing company has submitted a $1.7
billion proposal to Victoria's Golden Plains Shire for the
southern hemisphere's biggest sustainability project. Through
their Australian arm, WestWind Energy, the international WestWind
Group have proposed to develop the Golden Plains Wind Farm, which
was designed for up to 235 wind turbines across an area of 17,345
hectares (29 September 2017).
More...
In the media – New South Wales
Laing O'Rourke joint venture awarded Sydney Metro
Sydenham upgrade
A joint venture partnership between Laing O'Rourke and John
Holland has been awarded the contract to upgrade Sydenham Station
for Sydney Metro – Australia's biggest transport project.
More...
Infrastructure plans boost Sydney in city
ranking
Sydney has been buoyed in a ranking of the top global cities by the
substantial investment in infrastructure, a JLL report indicates
(27 September 2017).
More...
In the media – Queensland
Mareeba Hospital site for $1.5 million staff
accommodation project
Mareeba Hospital will be the location of a new $1.5 million staff
accommodation building, the Palaszczuk Government has announced (06
October 2017).
More...
Seymour Whyte delivers Australian first at Port of
Brisbane
Seymour Whyte has successfully installed Australia's longest
pre-stressed bridge girders for the Port of Brisbane's $110
million Port Drive Upgrade project, with the longest span measuring
46m (05 October 2017).
More...
Master Builders has launched the next round of a campaign fighting the Queensland Government and Housing & Public Works Minister, Mick de Brennis's, Building Industry Fairness Bill, tabled in parliament earlier this month. Master Builders CEO, Grant Galvin says the legislation, which is believed will be debated in parliament in coming weeks will really pack a punch for the building industry, but not in a good way (04 October 2017). More...
QBCC reform hits the mark
Queensland is developing the nation's best building regulator
with new powers and a new approach implemented at the Queensland
Building and Construction Commission (29 September 2017).
More...
Published
ACI Construction Briefs
A fortnightly communication highlighting key updates related to
Australia's construction industry.
Global & Domestic Outlook for Construction Sector
Infrastructure Australia speech:
Infrastructure Regulation and Market Reform in Australia and the
UK
Building Queensland 2016–17 Annual
Report
Of these proposals, Building Queensland identified 26 as priorities
for further development by the state across its December 2016 and
June 2017 Infrastructure Pipeline Reports. More...
Practice and courts
ABCC Code for the Tendering and Performance of Building Work 2016 The Code for the Tendering and Performance of Building Work 2016 applies to companies who wish to undertake Commonwealth-funded building work. Building industry participants covered by agreements made prior 2 December 2016 have until 29 November 2018 to ensure their agreements are Code compliant.
Queensland
Certification of adjudication applications
open
The Certificate in Adjudication course for those QLS members who
wish to become adjudicators under the Building and Construction
Industry Payments Act 2004 (Qld) will be held on 12, 13 and 14
February 2018. Application forms may be downloaded
here or on the
QBCC website.
Cases
Castle Constructions Pty Ltd v Ghossayn Group Pty Ltd
[2017] NSWSC 1317
Adjudicator's determination to be quashed.
BUILDING AND CONSTRUCTION – challenge to jurisdiction of
adjudicator to make determination under the Building and
Construction Industry Security of Payment Act 1999 –
whether there was an available reference date to support the
payment claim the subject of the determination – whether
defendant was a head contractor as defined in the Act and thus
obliged to cause its payment claim to be accompanied by a
supporting statement – whether adjudicator's acceptance
was served on plaintiff when deposited into its letterbox by a
neighbour into whose letterbox Australia Post had wrongly deposited
the adjudicator's acceptance. Building and Construction
Industry Payments Act 2004 (QLD); Building and
Construction Industry Security of Payment Act 1999 (NSW);
Evidence Act 1995 (NSW).
Quickway Constructions Pty Ltd v Electrical Energy Pty Ltd (No
2)
[2017] NSWSC 1303
Determination made in breach of rules of natural justice quashed,
and other consequential orders. Judgments and Orders –
construction contracts – challenge to adjudication
determination – denial of natural justice – declaration
that determination is void – order quashing determination
– appropriate relief.
Austral Precast v Australia Cenvic [2017]
VSC 582
BUILDING CONTRACTS – Construction dispute - Adjudication
– Adjudication Certificate – Satisfaction of the
requirements of the Building and Construction Industry Security
of Payment Act 2002 (Vic), ss 28Q and 28R – Entry of
judgment under the Building and Construction Industry Security
of Payment Act 2002 (Vic), s 28R.
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.
