In the media
National
Australian Government delivers first stage of $1 billion
Mr Fluffy loan
The first installment of the Australian Government's $1
billion concessional loan to help remediate ACT homes affected by
"Mr Fluffy" loose-fill asbestos will be paid following
the signing of the loan agreement between the Australian and ACT
governments (28 January 2015).
More...
Foreign workers dismissed from Narrabri construction
project
The Construction, Forestry, Mining and Energy Union says at least
eight 457 visa holders working on a construction project for the
Chia Tung Development Corporation in Narrabri have been dismissed
(28 January 2015).
More...
Union Thuggery Must Be Stopped: Construction
Groups
Building industry lobby groups have stepped up their attack on
what they say is an increasing level of unlawful activity by union
officials on construction sites, and have renewed calls for the
reinstatement of the Australian Building and Construction
Commission (ABCC) (27 January 2015).
More...
Growing stronger regions across the
nation
Deputy Prime Minister and Minister for Infrastructure and Regional
Development said the three-year appointments will provide
leadership to RDA committees to drive economic growth and make the
most of the potential capability of their region (27 January 2015).
More...
CFMEU official allegedly directed work to stop on $163m
Barangaroo site
CFMEU official Luke Collier is facing court after he allegedly
directed work to stop at a $163 million Barangaroo project. FWBC
also claims Mr Collier refused to obey occupational health and
safety laws on site while conducting a right of entry visit (21
January 2015).
More...
Master Builders' insurer ordered to pay for house
problems in tribunal ruling
The insurer run by the Masters Builders Association has been
ordered to fix a number of problems in a newly built Canberra home,
after a long running legal dispute (21 January 2015).
More...
Victoria
Abolition of Vic Construction Code Creates Urgency for
IR Reform
The recent announcement by the Victorian Government, to abolish
the Victorian Building Code has prompted the Australian
Constructors Association (ACA) to again call on the Australian
Senate to pass the Federal Industrial relations legislation
currently before it (24 January 2015).
More...
Spike in dodgy tradesmen targeting elderly, disabled,
Victorian Government warns
Victorians are being urged to report unsolicited approaches from
trade workers, after a spike in the number of con artists operating
across the state (14 January 2015).
More...
New South Wales
Foreign Workers Paid $4 per Hour: Construction
Union
Foreign workers on a building site in regional New South Wales are
being exploited and paid as little as four dollars per hour, the
nation's leading construction union says (29 January 2015).
More...
NSW govt probes AGL fracking site
The state government has ordered an internal investigation into a
NSW mid north coast gas project after the detection of dangerous
chemicals in a water storage tank. AGL Energy has suspended
operations at the Waukivory pilot project near Gloucester until a
full review of the sample results have been completed (28 January
2015).
More...
Western Sydney Airport geotechnical analysis
commences
Geotechnical analysis is currently underway at Badgerys Creek.
This analysis forms part of the crucial planning work to develop
the detailed construction plans and costings for the first stage of
the Western Sydney airport (20 January 2015).
More...
Queensland
Privatisation of electricity networks makes
sense
The Property Council has released a report that reinforces our
long standing position that Government should not hold assets that
result in a misdirection of public funds into businesses that would
operate more efficiently in private ownership (22 January 2015).
More...
Published – articles, papers, reports
A plunging oil price: implications and
expectations
Research Paper EB 01/2015; NSW Parliamentary Research Service: 28
January 2015 Not everyone is going to be better off at the back end
of the current oil price cycle.
More...
The dash from gas: could demand in New South Wales fall
to half?
Tim Forcey, Mike Sandiford, Melbourne Energy Institute; 28 January
2015
This paper argues that gas demand in New South Wales could fall to
as much as half within ten years, meaning that gas investments
being made now might never pay off. This report was commissioned by
The Australia Institute.
More...
Are there 27,000 jobs in the Galilee
Basin?
Rod Campbell, The Australia Institute: 27 January 2015
This paper disputes claims that the development of coal mines in
Queensland's Galilee Basin will create 27,000 jobs.
More...
Practice and courts
Productivity Commission Release: Issues Papers On
Workplace Relations
The issues papers are intended to canvas all the big questions
about Australia's workplace system from employees, employers,
unions, people not in work and others, to give their views about
the best system. The issues paper covers a range of issues on which
the Commission seeks information and feedback. Initial submissions
are due 13 March 2015 (23 January 2015).
More...
Government Asset Recycling Conference, 10 February
2015
Infrastructure Australia has estimated that at least $100 billion
in commercial infrastructure assets are currently tied up on
government balance sheets and could be sold. In the 2014-15 Federal
Government budget, the Government committed $5.0 billion for the
Asset Recycling Initiative. With this in mind, Akolade is bringing
you the Government Asset Recycling Conference!
More...
QLD: Explosives Security Alert 17 - Poor explosives
stock control (unaccounted for explosives)
During a monthly stock take at an explosives magazine, it was
identified that a quantity of explosives was unaccounted for.
Initial investigations indicated the explosives may have been
incorrectly loaded with a quantity of explosives to be transported
offsite for destruction (27 January 2015).
More...
NSW ICAC: Public inquiry into allegations concerning
former Ausgrid engineer starts Monday
The ICAC's public inquiry being held as part of its Operation
Jarah investigation into allegations concerning former Ausgrid
engineer Phillip Cresnar will commence next Monday, 19 January
2015.
More...
QBCC: Licensee disciplinary action report
This report presents a summary of the disciplinary action taken
against licensees in the previous week.
More...
More...
Cases
ERO Georgetown Gold Operations Pty Ltd v Cripps,
Minister for Natural Resources & Mines & Anor [2015]
QSC 001
JUDICIAL REVIEW – GROUNDS OF REVIEW –GENERALLY –
where the Minister renewed the applicant's mining lease with
conditions relating to public use of a track traversing the mining
lease – where the second respondent is the lessee of an
adjoining parcel of land – where the track is the most
practical way to access that property – where the applicant
seeks to review the Minister's decision to renew with
particular reference to the conditions imposed on the renewal
– where the Minister determined that the imposition of
conditions on the mining lease was in the public interest –
whether the Minister's decision accorded with the requirements
of procedural fairness, particularly in relation to the briefing
note the Minister relied upon – whether the Minister took
into account irrelevant considerations or failed to take into
account relevant considerations – whether the Minister's
decision was manifestly unreasonable – whether the
Minister's decision goes against the weight of the evidence. More...
Murphy v Bangit Building & Maintenance Pty
Ltd [2014] QCAT 673
Building dispute – defective work –whether practical
completion reached – wrongful repudiation – termination
– damages. Bellgrove v Eldridge (1954) 90 CLR 613
BP Refinery (Westernport) Pty Ltd v Shire of Hastings
(1977) 180 CLR 266 Byrne v Australian Airlines Ltd (1995)
185 CLR 410 Codelfa Construction Pty Ltd v State Rail Authority
of New South Wales (1982) 149 CLR 337 Robinson v
Harman (1848) 1 Ex 850 Shevill v Builders Licensing
Board (1982) 149 CLR 620. More...
Durham v Adjudicator Registrar [2014] QCAT
666
Production of documents – relevance – waiver of
privilege. Balnaves v Smith & Anor [2008] QSC 215,
cited Osland v Secretary to the Department of Justice
[2008] HCA 37, cited. Building and Construction Industry
Payments Act 2004 (Qld) s 65, s 97. Queensland Civil and
Administrative Tribunal Act 2009 (Qld) s 3, s 20, s 21, s 24,
s 62. More...
Hamersley HMS Pty Ltd v Davis [2015] WASC
14
Administrative law - Prerogative writs - Whether determination by
an adjudicator under the Construction Contract Act 2004
(WA) should be set aside on grounds of jurisdictional error - Turns
on own facts. Bankruptcy and insolvency - Company in liquidation -
Whether company in liquidation should be given leave to enforce
adjudication determination under Construction Contract Act
2004 (WA) - Respondent asserting counterclaim - Relevance
and operation of Corporations Act 2001 (Cth), s 553C. Building
and construction - Security of payment legislation - Whether
adjudication determination should be set aside for jurisdictional
error - Whether leave to enforce as a judgment should be given
Construction Contracts Act 2004 (WA), s 31, s 43. More...
Hamersley Iron Pty Ltd v James [2015] WASC
10
Administrative law - Prerogative writs - Whether determination by
an adjudicator under the Construction Contracts Act 2004
(WA) should be set aside on grounds of jurisdictional error - Turns
on own facts. Bankruptcy and insolvency - Company in liquidation -
Whether company in liquidation should be given leave to enforce
adjudication determination under Construction Contracts Act
2004 (WA) - Respondent asserting counterclaim - Relevance
and operation of Corporations Act 2001 (Cth), s 553C. Building
and construction - Security of payment legislation - Whether
adjudication determination should be set aside for jurisdictional
error - Whether leave to enforce as a judgment should be give
Construction Contracts Act 2004 (WA), s 31, s 43. More...
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.