In the media
Clean energy opportunities in Australia's
infrastructure sector
The Clean Energy Finance Corporation
(CEFC) has identified huge potential for improving
sustainability by investing in the Australian infrastructure
sector's clean energy opportunities according to a recently
released impacts report from The Infrastructure Sustainability
Council of Australia (ISCA) (09 July 2018).
More...
Global organisations unite to solve fire safety in
buildings
RICS has joined more than 30 organisations from around
the world to develop landmark industry standards to address fire
safety in buildings. The standards aim to set and reinforce the
minimum requirements professionals should adhere to ensure building
safety in the event of a fire (10 July 2018).
More...
Australia leading the way in energy storage
Australia is leading the way in residential battery
storage, a new report released today by Chief Scientist Dr Alan
Finkel has found, with nearly 21,000 battery storage systems
installed in homes across the country in 2017 – three times
as many as the previous year (06 July 2018).
More...
Developing a technology strategy to capitalise on the
emerging digital revolution
New digital technologies like BIM and virtual and
augmented reality have the power to transform many aspects of the
construction industry, but they have yet to find their way into
mainstream construction business activities (04 July 2018).
More...
GBCA: 'Zero carbon ready' building code could
deliver billions in cost and emissions savings
Setting stronger energy standards in the National
Construction Code for new buildings would, between now and 2050,
reduce energy bills by up to $27 billion, lower energy network
costs by up to $7 billion and deliver 78 million tonnes of
cumulative emissions savings, according to a new report released
today (03 July 2018).
More...
New South Wales
Two new big solar farms to begin construction in New
South Wales "in coming weeks"
New South Wales looks set to add more than 460MW of new
large-scale solar capacity, with German-based developer Belectric
confirming it was ready to start construction works on the first of
two new solar plants "in the upcoming weeks" (12 July
2018).
More...
Queensland
IPA: Queensland can't keep rejecting reality on
asset recycling
Queensland's major political parties are rejecting
reality by ruling out the Australian Competition and Consumer
Commission's proposal to split and sell state-owned power
generations to cut electricity prices (12 July 2018).
More...
QBCC: Welcome to our new Assistant Commissioner
The QBCC is pleased to announce the appointment of our
new Assistant Commissioner, Alison Byrne. Alison is excited to be
joining the QBCC and to be leading the Building and Trade Services
Division and as a member of the Service Trades Council (11 July
2018).
More...
Budget a mixed bag for building
Master Builders has cautiously welcomed Queensland's
Budget announcement, but warned it's a mixed bag for the
building industry. Master Builders Deputy CEO, Paul Bidwell, said
that while the big injection of spending via the $45 billion
infrastructure program, with a significant $250 million at
education, is a godsend for commercial builders, the residential
housing sector won't fare as well (09 July 2018).
More...
Adani says it could start works at Abbot Point without
traditional owners' input
Adani says it will proceed with new construction work at
its Abbot Point coal terminal with or without the involvement of
Juru local traditional owners, amid an escalating dispute about the
protection of sacred sites (07 July 2018).
More...
Victoria
Infrastructure Australia declares Monash Freeway Upgrade
Stage 2 a high priority project
Infrastructure Australia has today added Stage 2 of the
Monash Freeway Upgrade to the Infrastructure Priority List as a
high priority project (11 July 2018).
More...
Consultation open on Victoria's 30-year
infrastructure strategy
Infrastructure Victoria has opened the first phase of
stakeholder and community consultation to mark the start of its
30-year infrastructure strategy update (10 July 2018).
More...
Victoria's building laws changed on 1 July
2018
The reforms affect all building practitioners in
Victoria, as well as some plumbing contractors and suppliers. The
new reforms are designed to achieve compliance and transparency in
the building industry, as well as increased consumer protection, so
that anyone engaging a building practitioner can do so with
confidence (06 July 2018).
More...
Published
Governance and operation of the Northern Australia
Infrastructure Facility (NAIF)
Senate Economics References Committee; Parliament of
Australia: 06 July 2018
The review considered the Northern Australia Infrastructure
Facility's (NAIF's) policy settings, with
particular reference to its investment mandate, and assessed the
implications on NAIF's project identification, selection and
assessment processes, including risk settings. More...
Taking charge: The energy storage opportunity for
Australia
This occasional paper provides an overview of energy
storage technologies already in Australia and on the horizon, and
the opportunities for Australia to lead the world in these fields.
More...
Built to perform: An industry led pathway to a Zero
Carbon Ready Building Code – Final Report
The report calls for a 'Zero Carbon Ready'
building code. Built to Perform shows that setting strong energy
standards for new buildings in the Code could, between now and
2050, reduce energy bills by up to $27 billion, cut energy network
costs by up to $7 billion and deliver at least 78 million tonnes of
cumulative emissions savings.
More...
Australian Bureau of Statistics
11/07/2018
Building Activity, Australia, Mar 2018 (cat no. 8752.0)
11/07/2018
Construction Activity: Chain Volume Measures, Australia, Mar
2018 (cat no. 8782.0.65.001)
11/07/2018
Housing Finance, Australia, May 2018 (cat no. 5609.0)
03/07/2018
Building Approvals, Australia, May 2018 (cat no. 8731.0)
Practice and courts
Infrastructure Priority List - Call for
submissions
Infrastructure Australia is seeking submissions for the
next update of the Infrastructure Priority List
(IPL), which will be published in February 2019.
Proposals for all types of infrastructure, including programs of
related works and programs for network optimisation must be
received before 31 August 2018.
More...
prefabAUS Conference 2018
11 - 12 September, 2018 Brisbane Convention &
Exhibition Centre. More...
NCEIF: National Community Engagement for Infrastructure
Forum 2018
The Forum (NCEIF) will provide insight
on advancing community consultation in the infrastructure and
natural resources space; discovering new industry trends and
policies which may impact the community engagement framework and
the development of infrastructure projects now and in the future;
and exploring new tools and the latest research to support
community and stakeholder engagement in infrastructure. Dates: 19 -
20 July 2018 at the Crown Conference Centre in Melbourne. More...
New Building Standards
AS/NZS 5033:2014/Amdt 2:2018
Installation and safety requirements for photovoltaic
(PV) arrays. Standards Australia.
AS/NZS 5033:2014/Amdt 1:2018
Installation and safety requirements for photovoltaic
(PV) arrays. Standards Australia.
Cases
Hyundai Engineering & Steel Industries Co Ltd v Alfasi
Steel Constructions (NSW) Pty Ltd [2018] FCA
1054
ARBITRATION – international arbitration –
where award creditor brought proceedings to enforce award obtained
in Singapore – whether proceeding brought by award creditor
to enforce foreign award should be adjourned – where award
debtor seeks to set aside the award in part in the High Court of
the Republic of Singapore – application of s.8(8) of the
International Arbitration Act 1974 (Cth) –
adjournment granted on condition that award debtor provide security
for full amount of the award plus interest.
Hyundai and Alfasi entered into a "Sub-Subcontract" by
which Hyundai agreed to fabricate and deliver steel for use by
Alfasi in the construction of the Sydney International Convention
Exhibition and Entertainment Precinct in Darling Harbour, including
an exhibition hall and a theatre (the
Project).
TTM Investment Corporation Pty Ltd v Hua Chang Pty
Ltd [2018] NSWSC 1078
Security for costs order and freezing order to be
granted.
CIVIL PROCEDURE – security for costs – discretionary
considerations – where party resisting order not acting
purely defensively in main proceedings – relevance of the
strength of a party's claim.
CIVIL PROCEDURE – security for costs order – quantum
of security – ascertaining quantum where neither party is
acting purely defensively in main proceedings – difficulty in
ascertaining quantum where claims and cross-claims are
interconnected.
CIVIL PROCEDURE – interlocutory application – freezing
order – risk of removing assets out of jurisdiction –
where party has little to no connection with jurisdiction –
where party has commercial incentive to remove assets from
jurisdiction.
Development involved the construction of eight units on the land -
builder undertook the work pursuant to a written construction
contract. Contract price was $3.256 million. Home Building Act
1989 (NSW), s.92(1).
Southern Cross Electrical Engineering v Steve Magill
Earthmoving [2018] NSWSC
1027
BUILDING AND CONSTRUCTION – Building and
Construction Industry Security of Payment Act 1999 (NSW)
– application to quash adjudicator's determination
– whether adjudicator imposed an onus of proof on plaintiff
inconsistent with his statutory obligation to come to his own view
on the material – whether adjudicator's determination
regarding lineal meterage unreasonable – necessary to
consider adjudicator's reasoning in light of statutory
requirement to determine often difficult questions within tight
timeframe – necessary to have regard to the statutory scheme
which renders determination final as to payment claims but
otherwise preserves all rights – impermissible to conduct
merits inquiry under guise of jurisdictional reasonableness –
fair reading of the adjudicator's reasons in context
demonstrates no error with regards to onus – not shown that
determination was unreasonable to the extent of invalidation
– summons dismissed.
Legislation
Commonwealth
Regulation
Security
of Critical Infrastructure Rules 2018
These rules specify the requirements for an electricity
generation station and gas transmission pipeline to be considered a
'critical infrastructure asset' for the purposes of
subsection 10(2) and subsection 12(2) of the Security of
Critical Infrastructure Act 2018, prescribe the Tasmanian Gas
Pipeline as a 'critical infrastructure asset', and ensure
the Government has access to 'operational information' in
order to determine the national security risks in 'critical
infrastructure assets'.
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.