In the media
Opportunities for developing Northern
Australia
Infrastructure Australia has completed the first ever audit of
Northern Australia's infrastructure, identifying key
challenges, and opportunities to support the region's projected
growth over the next 15 years. The audit highlights the importance
of collaboration between governments and the private sector to
achieve the best results in developing and maintaining
infrastructure (08 May 2015).
More...
Engineering construction market
collapsing
The current decline in engineering construction is set to become a
sharp collapse over the next few years, a new report shows. BIS
Shrapnel new report, Engineering Construction in Australia 2014/15
– 2028/29, reveals that the total work done in the sector is
set to fall by 13%, a steeper drop than expected (08 May 2015).
More...
New 'Recognised Provider' status to deliver
faster Green Star certification
Wood & Grieve Engineers is the first company to be validated
for its ability to deliver Green Star points consistently, and is
now a Green Star 'Recognised Provider' in energy modelling.
Recognised Providers will provide project teams with increased
confidence in the outcomes of their Green Star submissions,"
says the GBCA's Chief Executive Officer, Romilly Madew (06 May
2015).
More...
HIA Hotspots Signal Further Momentum in Home
Building
The latest HIA/ACI Population and Residential Building Hotspots
Report shows Western Australia again dominating the latest league
table, with Victoria and New South Wales also strongly represented.
"The national new home building recovery gathered full steam
last year, and this is evident in the Hotspots report, with the
results much stronger than the previous year," (01 May 2015).
More...
Continued strength in dwelling approvals for March
2015
Australian Bureau of Statistics (ABS) Building Approvals show that
the number of dwellings approved rose 1.8 per cent in March 2015,
in trend terms, and has risen for ten months. This continued
strength was driven by increases in new flats, units or apartments
in residential buildings. The value of total building approved rose
0.9 per cent in March, in trend terms, and has risen for nine
months (01 May 2014).
More...
ACCC concludes assessment of Fortescue chairman's
call for cap on iron ore production
The Australian Competition and Consumer Commission has concluded
its review of public comments made by Andrew Forrest, Chairman of
Fortescue Metals Group Ltd (Fortescue) calling for a cap on iron
ore production (30 April 2015).
More...
New taxes target foreign investment
Latest figures reveal that foreign investment is accelerating new
housing supply and creating jobs in construction, but new taxes and
fees jeopardise this growth. The Victorian and Federal governments
both announced punitive new taxes and fees on foreign investment in
newly constructed housing (05 May 2015).
More...
Foreign investment delivers more jobs, new
homes
The 2013-14 FIRB Annual Report released today shows foreign
investment is helping accelerate much needed new housing supply in
Australia and creating jobs in construction. Property Council of
Australia Chief Executive Ken Morrison said foreign investment is
helping combat a decade of housing undersupply in Australia (30 May
2015).
More...
Builders fear new union powers to enter
sites
Master Builders fears the industry will face future turmoil should
the government appeal the 24-hour notice period for union official
entry to building and construction sites (30 April 2015).
More...
Victoria
Victoria's big plans for
infrastructure
The establishment of Infrastructure Victoria, the new role of
chief engineer of the state and $22 billion in infrastructure plans
has been welcomed by Engineers Australia. The creation of the new
independent body was announced as part of Victoria's state
budget last week (08 May 2015).
More...
$1.5 Billion To Get Started On Melbourne Metro Rail
Project
The Andrews Labor Government has announced $1.5 billion to cover
all anticipated planning, design and significant early works ahead
of major construction of the Melbourne Metro Rail Project in 2018
(28 April 2015).
More...
Non-compliant cladding fuelled Melbourne apartment tower
fire, MFB finds
External cladding used in the construction of the Lacrosse
Apartments in Melbourne's Docklands precinct has been found to
have fuelled a fire that broke out last year, causing more than $2
million worth of damages (28 April 2015).
More...
New South Wales
Baird Government Cutting Corners On Independent
Assessment Of Project Viability
The independent Auditor General has slammed the Baird Liberal
Government for failing to independently assess the viability of
large government construction projects at key stages in their
lifecycle to ensure value for taxpayers. Only 30 per cent of the
mandatory strategic Gateway reviews and 66 per cent of the
mandatory final business case Gateway reviews have occurred for the
new construction projects costing $10 million or more included in
the 2014-15 Budget Papers (07 May 2015).
More...
ACCC releases draft views on appropriate level of
regulation at Port of Newcastle
The Australian Competition and Consumer Commission has released
draft determinations proposing to exempt Newcastle Agri Terminal
and Qube Holdings Limited from the full extent of regulation at the
Port of Newcastle (07 May 2015).
More...
Fire-risk cladding a legal mine field, apartment owners
warned
The viability of Australia's booming $500 billion strata
industry is under threat as tens of thousands of high-rise
apartment owners brace for the possibility of having to pay to rip
out and replace flammable cladding (05 May 2015).
More...
$1 billion in infrastructure levies sits
idle
More than $1 billion collected from levies sits unspent in the
accounts of councils across Sydney – and it continues to grow
as councils fail to plan, fund and build essential infrastructure
(28 April 2015).
More...
Construction mid-point identified for first WestConnex
tunnel
The mid tunnel point allows all tunnelling work to be carried out
from the one location —with the M4 East joining the M4
Widening at Homebush and providing a tunnel to Haberfield
—all tunnelling can be carried out in each direction from one
construction point (29 April 2015).
More...
Queensland
Origin pushes back Gladstone timing
Origin Energy has pushed back the timetable for sustained
production at its $24.7 billion Australia Pacific LNG project at
Gladstone until the final quarter of the year (07 May 2015).
More...
Conviction and $15000 in fines for unlicensed building
work
An unlicensed individual was fined over $15,000 and convicted of
nine charges concerning five properties in the Proserpine area. The
QBCC Commissioner, Steve Griffin, said that Mr Preston had made a
name for himself carrying out unlicensed and defective building
work with a previous conviction recorded in Western Australia (05
May 2015).
More...
Independent investigation announced for Moreton Bay
flooding
The Deputy Premier and Minister for Infrastructure, Jackie Trad
has this morning announced an immediate independent review into
flooding concerns raised by those Moreton Bay residents, residing
near the Moreton Bay Rail Link (MBRL) (05 May 2015).
More...
Commission of Inquiry seeks Grantham flood
answers
The Queensland Government will hold a new Commission of Inquiry
into the flooding of the Lockyer Creek between Helidon and Grantham
in January 2011 (05 May 2015).
More...
Queensland building approvals rise in March to be up 26
per cent in 12 months
Treasurer Curtis Pitt has welcomed the latest ABS Building
Approvals data which show the total number of dwelling approvals
(trend) in Queensland rose 3.0 per cent in March (04 May 2015).
More...
Safer Bruce Highway en route along the Fraser
Coast
Queensland Minister for Main Roads, Road Safety and Ports. A $7.1
million upgrade to the Bruce Highway south of Torbanlea is about to
begin, with SGQ awarded the contract to improve a 2.2 kilometre
stretch of the highway. The Coalition Government is building a
safer and more flood immune Bruce Highway through our record $6.7
billion investment in projects through our Infrastructure
Investment Programme,' Mr Truss said (29 April 2015).
More...
Published – articles, papers, reports
Australian Bureau of Statistics
04 May 2015 - Building Approvals, Australia, Mar 2015 (cat no.
8731.0).
More...
Northern Australia Infrastructure Audit
Report
Key audit findings include that: backlogs in maintaining existing
assets must be a priority to fund and resolve cost-benefit analysis
is essential to evaluating and prioritising investment decisions
communities and the private sector need to drive decisions to
ensure infrastructure meets the needs of users (08 May 2015). More....
NSW economic update Autumn 2015
NSW Parliamentary Research Service; Andrew Haylen. While the NSW
economy is currently in a relatively strong headline position,
largely off the back of the housing market, other areas of the
State economy will need to perform over the longer run if economic
growth and improved labour market outcomes are to be sustained once
the housing sector slows (30 April 2015).
More...
Practice and courts
The ABC of the BCA, 15 June 2015
This one-day seminar provides participants with a general overview
and understanding in using and Navigating around the Housing
Provisions – Volume Two of the Building Code Australia (BCA).
The interactive training program will help those with a limited
understanding gain an appreciation of the basics of the BCA and
develop skills to navigate through the Housing Provisions.
More...
Cases
Pollock v Hicks [2015] NSWCA 122
TRADE AND COMMERCE – Trade Practices Act 1974 (Cth)
and Fair Trading Act 1987 (NSW) – false or
misleading representations – unconscionable conduct –
accessorial liability – whether appellant involved in a
contravention – statements made by appellant's husband
– whether appellant knew representations made and of facts
which made them false or misleading or unconscionable –
appellant lacked requisite knowledge – appellant not involved
in a contravention - dispute concerning the engagement of the
respondent, Mr Ricky Hicks, by Rosebid Pty Ltd (Rosebid) to
undertake earthmoving work.
More...
Southern Han Breakfast Point Pty Limited v Lewence
Construction Pty Limited [2015] NSWSC 502
BUILDING AND CONSTRUCTION – adjudication determination
– jurisdictional error – whether adjudicator committed
jurisdictional error due to non-existence of a jurisdictional fact
– Building and Construction Industry Security of Payments Act
1999 (NSW) s 8, s 13 – whether existence of a reference date
is an essential requirement for a valid payment claim under the Act
and consequently for the adjudicator's jurisdiction
ADMINISTRATIVE LAW – natural justice – whether
adjudicator denied natural justice to party due to failure to have
due regard to submissions – content of duty to provide
natural justice dependent on context – whether adjudicator
determined dispute on a basis not advocated by either party.
More...
Coleman v Prentice & Anor [2015] QSC
118
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – RECOVERY – where the plaintiff
seeks recovery of unpaid invoices – where the plaintiff
claims agreement was for payment of hours worked with payment terms
of 7 days from invoice – where the defendants claim payment
was subject to reconciliation of mined product – where the
plaintiff claims unclaimed rent on leased storage facility –
where the defendants deny entering lease for storage – where
the plaintiff exercised a lien over stored product for unpaid
monies. CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED
CONDITIONS – DISCHARGE OF CONTRACT ON DEFAULT AND LIKE
GROUNDS – where the plaintiff terminated the contract on
account of unpaid invoices – where the defendant claims
termination was unlawful – where the defendant counterclaims
an amount for damages for loss of profit on mined product –
whether the plaintiff was liable for any loss on account of
unsaleable mined product – whether the plaintiff is liable
for unaccounted for mined product. CONTRACTS – BUILDING,
ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK
– GENERAL – where the parties made an oral contract to
perform road and mining works – where the plaintiff worked
under the direction and supervision of a representative of the
second defendant – where the defendant claims for damages for
loss of profit caused by the plaintiff's work. CONTRACTS
– GENERAL CONTRACTUAL PRINCIPLES – PARTIES –
GENERALLY – where the first defendant was the director of the
second defendant – whether the contract for works was made
with the first defendant or second defendant. More...
Ide Enterprises Pty Ltd v Hale's Engineering Pty
Ltd [2015] QDC 098
CONTRACT – whether the Court should find a breach of an
implied term of an entirely oral contract for the construction of
agricultural machinery, through lack of reasonable care and skill
in the workmanship of the defendant – whether there was any
relevant failure of the plaintiff, to exercise due care and skill
in the design of the machinery and amounting to contributory
negligence – whether and to what extent the plaintiff has
suffered damage and how to measure any such damage – whether
there should be an allowance for interest and whether that would be
allowed from the date of the accrual of loss. More...
Doran v Simon Jobling t/a SAJ Constructions
[2015] QCAT 113
LIQUIDATED DAMAGES – DAMAGES FOR DELAY – whether delay
– where contract did not nominate date for practical
completion or commencement – where home owners did not
provide 'Notice of Lender Approval' before builder
commenced work – where builder did not properly deliver
'Notice of Practical Completion'. PREVENTION PRINCIPLE AND
CAUSATION –whether delay caused or contributed to by home
owners or builder or other factor – where delay in homeowners
supplying water. ESTOPPEL – whether parties' conduct
accepted delay as part of relationship – where builder failed
to formally request extensions and send notices – where home
owners delayed approvals and notices – where home owners did
not deliver any notice to remedy or notify that time would continue
to be of essence – where correspondence showed mutual
responsibility for and mutual commitment to work through delays
– where home owners and builder did not seek to enforce
contractual rights – where owners and builder acquiesced to
delays. EVIDENCE – where builder adduced no invoice or
evidence of costs or lost profit margin – where
sub-contractor invoices unsigned – where no attendance by
witnesses. Clarke v Cascade Pools (Qld) Pty Ltd [2010]
Coastal Patios v Bennett & Anor [2013] QCAT 268
Commonwealth v Verwayen (1990) 170 CLR 394 Contrast
Constructions Pty Ltd v Bartlett [2014] QCATA 262 Hayes v
Aramac Developments Pty Ltd [2014] QCAT 119 Hughes v
Metropolitan Railway Co. (1877) 2 App Cas 439 Lida Build
Pty Ltd v Miller & Anor [2013] QCATA 139 Olindaridge
Pty Ltd & Anor v Tracey & Anor [2014] QCAT 207
Peak Constructions (Liverpool) v McKenney Foundations
Limited (1970) 69 LGR 1 SMK Cabinets v Hili Modern
Electrics Pty Ltd [1984] VR 391 at 397 Turner Corporation
Limited (Receiver and Manager Appointed) v Austotel Pty Ltd
(1994) 13 BCL 378. More...
TJ King v Qld Building and Construction
Commission [2015] QSC 079
PROFESSIONS AND TRADES – BUILDERS – STATUTORY POWER TO
REQUIRE RECTIFICATION OF DEFECTIVE OR INCOMPLETE BUILDING WORK
– where the applicant submits that work carried out by the
applicant was not 'building work' under the Queensland
Building Services Authority Act 1991 – where the work
undertaken included preparing a building for relocation, relocating
that building, digging footings and providing stumps –
whether reg 13(1)(c) of the Queensland Building Services Authority
Regulation 2003 excluded this work from the definition of
'building work' under Schedule 2 of the Queensland
Building Services Authority Act 1991. PROFESSIONS AND TRADES
– BUILDERS – STATUTORY POWER TO REQUIRE RECTIFICATION
OF DEFECTIVE OR INCOMPLETE BUILDING WORK – where two
directions pursuant to section 72(1) of the Queensland Building
Services Authority Act 1991 were issued to the applicant
– where the first paragraph of the second direction was in
the same terms as the first direction – where the second and
third paragraphs of the second direction were expressly in
contemplation at the time the first direction was issued –
where the applicant submits there is no express power in the
Queensland Building Services Authority Act 1991 to issue a
second direction under section 72(1) of the Queensland Building
Services Authority Act 1991 – whether the Queensland
Building Services Authority has power under section 72(1) of the
Queensland Building Services Authority Act 1991 to issue
multiple directions concerning the same building work –
whether the Queensland Building Services Authority has power under
section 72(1) of the Queensland Building Services Authority Act
1991 to issue multiple directions concerning the same defect.
PROFESSIONS AND TRADES – BUILDERS – STATUTORY POWER TO
REQUIRE RECTIFICATION OF DEFECTIVE OR INCOMPLETE BUILDING WORK
– where the direction issued included directions to rectify
damage to work which was not the subject of a contract between the
applicant and the home-owners – whether a direction under s
72(1) of the Queensland Building Services Authority Act
1991 can be issued to a person to rectify work that was not
carried out pursuant to a contract between that person and a
home-owner. PROFESSIONS AND TRADES – BUILDERS –
STATUTORY POWER TO REQUIRE RECTIFICATION OF DEFECTIVE OR INCOMPLETE
BUILDING WORK – where the direction issued included
directions to rectify damage alleged to be consequential to the
building work carried out by the applicant – where the
respondent submits that a power to rectify consequential damage
caused by carrying out building work should be implied under s72(1)
of the Queensland Building Services Authority Act 1991
– whether a direction under s 72(1) of the Queensland
Building Services Authority Act 1991 can be issued to rectify
consequential damage. More...
OZ Minerals Holdings Pty Ltd & Ors v AIG
Australia Ltd [2015] VSC 185
INSURANCE CONTRACT – Construction of major shareholder
exclusion clause – Whether clause requires assessment of
claimant's status at two points in time, the time of the
wrongful act and the time of the claim – HELD: Clause
requires assessment of the claimant's status at the time of the
wrongful act and the time of the claim – Electricity
Corporation v Woodside Energy [2014] HCA 7; (2014) 251 CLR
640; Darlington Futures Ltd v Delco Australia Pty Ltd
[1986] HCA 82; (1986) 161 CLR 500; Mobbs v Powell [1965]
VicRp 33; [1965] VR 222. More...
Burbank Australia Pty Ltd v Owners Corporation
[2015] VSC 160
ADMINISTRATIVE LAW – Appeal on question of law –
Victorian Civil and Administrative Tribunal – Whether
Domestic Building Contracts Act 1995 applies to
multi-apartment developments – Whether legal proceedings
commenced without being authorised by special resolution -
Victorian Civil and Administrative Tribunal Act 1998 s 148
– Owners Corporation Act 2006 ss 18, 97 –
Domestic Building Contracts Act 1995 ss 1, 3, 5, 6, 8, 9
– Building Act 1993 ss 3 and 136. More...
Hanson Construction Materials Pty Ltd v Cardinia
SC (No 2) [2015] VCAT 471
I direct, pursuant to section 85(1)(e) of the Planning and
Environment Act 1987 that planning permit T140140 issued by
the responsible authority on 1 October 2014 must not contain
condition 9 or conditions 54 to 64 as they appeared in the permit
as originally issued. Green Wedge Zone, Schedule 1.Significant
Landscape Overlay, Schedule 3. The review site abuts a Road Zone
Category 1.Planning Permissions Required. Clause 35.04-1 Permission
for the use of the land as a sand quarry. 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.