In the media - National
Trade surplus doubles to $1.7bn while building approvals
bounce back
Renewed demand from China for iron ore was behind a
surprise jump in September's trade surplus, while building
approvals defied recent gloom (02 October 2017).
More...
Four in ten construction invoices paid
late
Four in 10 invoices throughout the building and construction sector
in Australia are paid late, a new survey suggests. In its latest
analysis of late payments in Australia, debt ratings agency Dunn
& Bradstreet said that throughout the second quarter of this
year, only around 60 per cent of invoices with the building and
construction sector were paid either on or before the due date (01
November 2017).
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Green Star rises to the decarbonisation challenge
November will see the launch of three radical new
innovation challenges in Green Star ratings that will hopefully
create the incentive for the building sector to outperform on
carbon emission reduction (31 October 2017).
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Building product manufacturers facing massive energy
cost pressures
Spiralling cost in energy intensive categories such as
steel, bricks and cement are placing building product manufacturers
under enormous pressure to justify ongoing investment in Australia,
a leading construction sector economist says (31 October 2017).
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Maximum penalty against CFMEU for work stoppages at
Commonwealth Games site
The Federal Court has imposed a maximum penalty against
the CFMEU after it repeatedly stopped work on a $126 million
Commonwealth Games project on the Gold Coast. In a penalty
decision, Justice Reeves said the cost impact of the ongoing
disruptions at the Carrara Sports and Recreation project had been
estimated at over $700,000 (30 October 2017).
More...
Five year national productivity review released
The report, Shifting the Dial: 5 year productivity
review, proposes reforms to improve the functioning of cities,
such as better transport infrastructure and improved access to
housing which would also improve labour mobility within cities. The
review states that despite changes over the last five years, there
have been continuing instances of poor, very costly decisions,
including the current WestConnex (Sydney) and West Gate Tunnel
(Melbourne) projects (27 October 2017).
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New South Wales
Western Sydney Airport land survey tender opens
The request for tender was released by WSA Co, the
company established by the Federal Government to build and operate
the $5.3 billion Western Sydney Airport (01 November 2017).
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More jobs and infrastructure for Greater Sydney
Greater Sydney will become three connected cities over
the next 40 years, linked by new public transport, giving more
communities access to job opportunities, new homes and services
within 30 minutes. Minister for Planning and Housing Anthony
Roberts, and Minister for Transport and Infrastructure Andrew
Constance, today launched the Greater Sydney Commission draft
regional plan and Transport for NSW's Future Transport strategy
for metropolitan Sydney for public comment (01 November 2017).
More...
Queensland
Flammable cladding on government projects banned in
Queensland Building Plan
Queensland has become the first state to officially ban
the use of flammable polyethylene core aluminium composite panels,
with the newly passed Queensland Building Plan legislation
explicitly forbidding them on state-funded projects. The government
also intends to push for a national ban on the products (02
November 2017).
More...
Australia's toughest building product safety laws
start
New laws that give the State's building industry
watchdog powers to clean up unsafe building sites and rid the
supply chain of dodgy building products, have come into effect
today. The QBCC Commissioner Brett Bassett said the laws brought
the QBCC's powers into line with other regulators and will make
more people accountable for safety on our building sites (01
November 2017).
More...
Master Builders Queensland say project bank accounts
will not work on any level
Master Builders
Queensland recently delivered their response to the
Queensland Building Plan, which contains some dramatic changes
proposed by the state government to shake up the industry.
Innovation sets a precedent for future
infrastructure
Cardno, as part of the Logan Water Infrastructure
Alliance in South East Queensland, is pleased to be part of the
development of a water chlorination facility powered entirely
off-grid, in what is believed to be an Australian first (31 October
2017).
More...
Queensland Building Plan provides a blueprint for
industry confidence,
A bright future is ahead for Queensland's $45 billion building
and construction sector with the Palaszczuk Government releasing
the new Queensland Building Plan (QBP). The
Queensland Building Plan can be found here
(30 October 2017). More...
Victoria
Victoria's building and export sectors surge
New data from the Australian Bureau of Statistics
released today shows Victoria experienced the largest growth in
September among all mainland states for non-residential building
approvals - more than 35 per cent. That's 7.0 per cent higher
over the year (02 November 2017).
More...
Pipeline proposal a step closer for Yarra Valley
growers
The Andrews Labor Government is supporting a proposal to
pipe recycled water to wine makers in the Coldstream and Gruyere
area, to secure their water supply and help them produce more wine
(27 October 2017).
More...
Published
Renewables: Powering Queensland's Future
Petra Stock, Greg Bourne, Karen Hussey; Climate
Council: 30 October 2017
This report highlights the significant potential for
Queensland's clean energy future, as fourteen clean energy
projects, the highest number in Australia, get under construction
this year alone.
Renewables: powering Queensland's future
Australian Bureau of Statistics
02/11/2017:
Building Approvals, Australia, Sep 2017 (cat no. 8731.0)
ACI Construction Briefs
23 October 2017:
ACI Construction Brief: Another Energy Policy
Practice and courts
Queensland
Building Industry Fairness (Security of Payment)
Bill 2017, Project Bank Account Bill
Passes
The State Parliament has passed the
Building Industry Fairness (Security of Payment) Bill
2017, giving effect to the Government's Project Bank
Accounts policy. Changes contained in the Bill also aim to clamp
down on shadow directors and phoenixing activities.
A two-stage adoption process will see the requirement for
mandatory PBAs rolled-out across Queensland. An initial stage, to
being on 1 January 2018, will see the requirement applied to
government building and construction projects. A second stage, to
begin 1 January 2019, will expand the application of the mandatory
PBA to all building and construction projects over $1
million.
Late amendments to the Bill adopted the Property Council's
call to legislate for a full review of the operation and
effectiveness of the PBA model prior to its application to
non-government projects. This proposal had been accepted by the
Public Works and Utilities Committee in their
report into the legislation.
Master Builders Queensland: BA White Card changes - what
you need to know
Changes to the national unit of competency for White Card
courses will take effect in Queensland from 20 October 2017. Given
the course is mandatory for anyone who works, or wants to work, in
the construction industry, you need to be across them.
More...
Victoria
VBA: Clarification - Changes to registration
requirements for domestic builders and draftspersons
Some practitioners have requested a clarification about
the change to the registration threshold that was posted on 22
August 2017. From 1 August 2017, the registration threshold
requiring registration with the VBA was raised (by regulation),
from $5,000 to $10,000 (construction costs including labour and
materials) for draftspersons engaged solely in the business of
preparing plans and preparing documents related to permits or
permit applications for domestic building work (30 October 2017).
More...
Cases
REW08 Projects Pty Ltd v PNC Lifestyle Investments Pty
Ltd [2017] NSWCA 269
CONTRACTS - illegality - contracts contrary to public
policy - whether contract was one to commit an unlawful act, namely
to delay the payment of stamp duty - consideration of the
circumstances in which a court may enforce a contract even if its
formation or performance is associated with illegal purposes -
Fitzgerald v FJ Leonhardt Pty Ltd (1997) 189 CLR 215 -
Nelson v Nelson (1995) 184 CLR 538. EQUITY - equitable
remedies - specific performance - whether respondent should be
denied an order for specific performance of a contract for sale on
the ground of illegality of the contract. EQUITY - defences -
unclean hands - whether conduct disentitling respondent to relief -
Dewhirst v Edwards [1983] 1 NSWLR 34 - respondent's
supposed impropriety was incidental or collateral to the contract -
respondent's impugned conduct had ceased - primary judge was
correct in rejecting the defence.
McQueen v Mount Isa Mines Ltd [2017] QCA
259
LIMITATION OF ACTIONS - GENERAL MATTERS - AMENDMENT OF
ORIGINATING PROCESSES AND PLEADINGS OUTSIDE LIMITATION PERIOD -
AMENDMENTS INTRODUCING NEW CAUSE OF ACTION OR PARTICULARISING CAUSE
OF ACTION - where Mount Isa Mines Ltd (MIM)
brought an action against various defendants (the appellants)
alleging breaches of contract and negligence - where MIM filed and
served an amended statement of claim without first seeking leave to
do so - where the appellants allege that the amended statement of
claim added new causes of action which were out of time and for
which leave was required - where the appellants applied to have
various paragraphs of the amended statement of claim struck out
with no liberty to re-plead - where the primary judge refused the
application - whether the primary judge erred - whether the amended
statement of claim pleaded new causes of action - whether
"cause of action" has a different meaning under the
Limitations of Actions Act 1974 (Qld) than under the
Uniform Civil Procedure Rules 1999 (Qld).
LIMITATION OF ACTIONS - LIMITATION OF PARTICULAR ACTIONS - SIMPLE
CONTRACTS, QUASI-CONTRACTS AND TORTS - ACCRUAL OF CAUSE OF ACTION
AND WHEN TIME BEGINS TO RUN - TORTS - GENERALLY - where the amended
statement of claim pleaded additional loss - where the appellants
contend that the causal link between the alleged tortious breach
and the consequential loss was first pleaded in the amended
statement of claim - where the appellants contend that the amended
statement of claim added a new cause of action by pleading a
different case on causation - whether the statement of claim
pleaded material facts of the causal connection between the alleged
negligence and the consequential damage - whether the additional
facts pleaded in the amended statement of claim constitute new
causes of action - whether the primary judge erred in finding that
the amendments were particulars of causes of action already pleaded
by the statement of claim.
Westbourne Grammar School v Gemcan Constructions Pty Ltd &
Ors [2017] VSC 645
BUILDING AND CONSTRUCTION - Application for certiorari by
the principal under a building contract - Determination by an
adjudicator in favour of builder under an adjudication under the
Building and Construction Industry Security of Payment Act
2002 (Vic) - Whether "show cause" validly given to
builder - Whether s 48 of the Building and Construction
Security of Payment Act 2002 (Vic) rendered void a clause
entitling the principal to take over the balance of the works and
to suspend builder's entitlement to payment under the contract
- Section 48 of the Building and Construction Industry Security
of Payment Act 2002 (Vic) not enlivened - Southern Han
Breakfast Points Pty Ltd v Lewence Constructions Pty Ltd
[2016] HCA 52 applied - Whether show cause notice validly specified
the date and time in which the builder was to show cause -
Application granted.
Legislation - Queensland
Bills Updated
Building Industry Fairness (Security of Payment) Bill
2017
Introduced by: Hon M de Brenni MP on 22/08/2017 Stage
reached: 2nd reading adjourned on 25/10/2017.
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.
