In the media
National
RICS: International Fire Safety Standards
Despite rapid globalisation, with investment flowing
across borders, money pouring into built assets and increasing
numbers of different professionals operating across the world, the
industry currently lacks a consistent set of high-level principles
for design, construction and management of buildings for fire
safety (03 May 2018).
More...
Australia's green building floor space has
boomed
In 2006 less than one per cent of Sydney and
Melbourne's CBD commercial floorspace was certified green.
Twelve years later we're sitting at 46 per cent for Sydney and
28.8 per cent for Melbourne (03 May 2018).
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Support for stronger construction standards
The Green Building Council of Australia
(GBCA) is strongly supporting proposals by the
Australian Building Codes Board (ABCB) to lift the
energy efficiency standard of our buildings (01 May 2018).
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WorldGBC case studies show strong business case for
healthy buildings
The financial benefits of healthy green buildings have
been highlighted in a new report from the World Green Building
Council (26 April 2018).
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New project to help reduce congestion in Australian
suburbs
A new project designed to help reduce congestion in our
suburbs has been launched today, using data collected from
pedestrian smartphones and cutting-edge traffic-counting technology
to track patterns of movement in a bid to better plan cities and
build infrastructure where it is most needed (26 April 2018).
More...
CFMEU and seven officials penalised $522,000 for
month-long work stoppages across Brisbane sites
The CFMMEU and seven of its officials have been penalised
$522,000 by the Federal Court for month-long strikes and work
stoppages at construction sites across six Brisbane sites in 2016
(24 April 2018).
More...
Governments must wake up to the forces redefining global
construction
Following is a transcript Western Sydney University
Adjunct Professor David Chandler presented to the Australia-China
Council on 17 April regarding what is needed to develop competitive
advantages in the design and construction marketplace (24 April
2018).
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New South Wales
South Sydney builder sentenced to home detention over
fake insurance
A builder from south Sydney has been sentenced to eight
months home detention after using fake home warranty insurance to
win two building contracts, Minister for Better Regulation Matt
Kean said. The court was told he provided fraudulent home warranty
insurance certificates to customers in Minto and Prestons in 2015
to retain his building contracts (03 May 2018).
More...
Unlicensed builders putting consumers in jeopardy
The rap sheet against Matthew Rixon was damning and, for
his 2015 offence, he was finally thrown behind bars. He was given
an 18-month sentence with a 12-month non-parole period. Whilst the
judgement intended to send a message to repeat offenders, the case
underscored the problems which consumers – often elderly
– face from unlicensed and unscrupulous builders and trade
contractors (01 May 2018).
More...
New commercial buildings in Sydney set to be minimum 5.5
star NABERS
New office developments and retrofits in the City of
Sydney will have to target a base building rating of 5.5 star
NABERS, under proposed changes to the council's development
control plan (01 May 2018).
More...
New South Wales successfully calls for national report
on liability for rectifying unsafe aluminium cladding
The New South Wales Government has successfully called
for a national report to examine who is liable for having unsafe
cladding rectified on buildings, Minister for Better Regulation
Matt Kean said. The report is the latest step in a series of
ongoing reforms regarding the use of cladding across NSW (27 April
2018).
More...
Queensland
Queensland passes land-clearing laws after gruelling
three-day debate
The Queensland parliament has passed a suite of new
land-clearing laws, a move welcomed by environmental groups as a
step towards curbing the state's soaring deforestation rates
(04 May 2018).
More...
Connection woes increase building costs
Tardy electricity connections are causing project delays
and budget blowouts for two out of three builders. The flow-on
effect is increased construction costs, which range anywhere from
$1,000 to $5,000. The results come from Master Builders' latest
Survey of Industry Conditions which explored the issue
of utility connection delays in the building industry (04 May
2018).
More...
Victoria
Jobs and construction boost for Bendigo
The Andrews Labor Government will support the next stage
of Bendigo's development, with a new GovHub office in the heart
of the city's CBD. The Bendigo GovHub is one of three GovHub
projects currently being developed, with work in Ballarat and
Latrobe Valley also underway (01 May 2018).
More...
GBCA: Communities win from Victorian infrastructure
investment
The impressive social and transport infrastructure
investment unveiled in today's Victorian State Budget will go a
long way to meeting the challenge of population growth and ensuring
the state's cities, towns and communities are better connected
and supported (01 May 2018).
More...
Engineering boom from Victorian Budget infrastructure
spend
With the growing need for engineers the Association
argues that now more than ever it is important to ensure quality
and accountability across the profession. The Association's
Victorian President Alesha Printz congratulated the Andrews
Government for the big funds injection to rollout new transport,
construction and road work (01 May 2018).
More...
Making Victorian buildings safer
The Victorian Budget 2018/19 includes $25 million to give
authorities the resources they need to check more buildings for
dangerous and combustible materials and crack down on builders who
flout the law. The Victorian Building Authority is charged with the
task of assessing 1,369 priority sites with planning or building
permits identified by the Taskforce (29 April 2018).
More...
Published
ACI Construction Briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry.
ACI Construction Brief: Are we Dancing the Global Gangnam
Style? (30 April 2018).
Australian Bureau of Statistics
03/05/2018:
Building Approvals, Australia, Mar 2018 (cat no. 8731.0)/
Practice and courts
Queensland
Draft Design report released for Brisbane Metro
Brisbane City Council has released the Brisbane Metro Design Report for public consultation. Brisbane Metro will comprise of a 21-kilometre metro network that services 18 stations. In March 2018 the Brisbane Metro was confirmed as a 'High Priority Project' on the nation's infrastructure Priority List. Brisbane City Council is asking residents and stakeholders to provide their feedback, before 25 May 2018.
Cases
New South Wales
Central Projects Pty Ltd v Davidson
[2018] NSWSC 523
BUILDING AND CONSTRUCTION – Progress payments
– Effect of omission of information from a supporting
statement under Building and Construction Industry Security of
Payment Act 1999 (NSW) s.13(9) – Effect of failure to
serve a supporting statement under Building and Construction
Industry Security of Payment Act 1999 (NSW) s.13(7).
Bettergrow Pty Limited v NSW Electricity Networks
Operations Pty Ltd as trustee for NSW Electricity Networks
Operations Trust t/as TransGrid (No 2) [2018]
NSWSC 514
TORTS – Negligence – Liability for
others' negligence – Non-delegable duties of care TORTS
– Negligence – Essentials of action for negligence
– Duty of care – Definition of "physical damage to
property" – Reasonable foreseeability of physical damage
to property in recognised classes of case – Determination of
existence of duty of care in novel cases – Whether a
principal owes a duty of care to supervise its contractors and
subcontractors – Breach of duty of care – Causation
under Civil Liability Act 2002 (NSW) s.5D; CONTRACTS
– Implied terms – Terms implied in law – Terms
implied in fact – Necessary to give business efficacy –
Breach of contract CIVIL PROCEDURE – Pleadings –
Amendment – Court's discretion to refuse application for
amendment made after commencement of hearing TORTS –
Negligence – Essentials of action for negligence – Duty
of care – Whether a supplier of goods pursuant to a contract
owes a duty of care to protect against economic loss arising from
defects – Breach of duty of care TORTS – Defences
– Apportionment of responsibility and damages under Civil
Liability Act 2002 (NSW) s.35; TORTS – Defences –
Contributory negligence under Civil Liability Act 2002
(NSW) s.5R – Reasonableness of plaintiff's assumption of
counterparties' compliance with their legal obligations; CIVIL
PROCEDURE – Cross-claims – Court's discretion to
refuse leave to file cross-claim after commencement of hearing.
Queensland
Wiggins Island Coal Export Terminal Pty Limited v Civil
Mining & Construction Pty Ltd [2018] QCA
078
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND
– APPEAL COSTS FUND – POWER TO GRANT AN INDEMNITY
CERTIFICATE – WHEN REFUSED – where the Court allowed
the appeal against the decision of the primary judge and ordered
the respondent to pay the costs – where the unsuccessful
respondent seeks an indemnity certificate – where the appeal
was from a decision of the trial judge to grant leave for the
respondent to re-open its case – where the trial judge raised
the necessity for the respondent to re-open its case, but where it
was effectively a consequence of the respondent's attempt to
rebuild its case and it was not forced to do so – whether an
indemnity certificate should be granted.
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.
