In the media – National
Who is responsible for balcony collapses?
On several occasions after first leasing a residential property in
the New South Wales suburb of Collaroy in 2005, architect Joanne
Gillies had complained to her landlord and the landlord's
managing agent about the structural integrity of her balcony (09
March 2018). More...
RBA shines spotlight on planning regimes
The Reserve Bank of Australia released a Research Discussion Paper
today on The Effect of Zoning on House Prices, which reports that
zoning raised detached house prices 73 per cent above marginal
costs in Sydney, 69 per cent in Melbourne, 42 per cent in Brisbane
and 54 per cent in Perth (08 March 2018).
More...
HIA: Apartment boom rolls on
Building Approval results were released today by the Australian
Bureau of Statistics and report that new apartment approvals were
up by 5.5 per cent during the three months to January 2018. Over
the year to January 2018, new apartment approvals totalled 106,000
a very high level by historic standards (05 March 2018).
More...
Why regional sourcing makes sense for building
projects
When it comes to sourcing materials for a building project,
thinking local can have huge benefits, including sustainability
wins, greater transparency around compliance and enhanced financial
flexibility (05 March 2018).
More...
Victoria
Banning combustible cladding in Victoria
Minister for Planning Richard Wynne today released new ministerial
guidelines to building surveyors – a key recommendation of
the Victorian Cladding Taskforce – which focuses on buildings
where people sleep or gather. The new ministerial guidelines spell
out precisely what can't be used on Victorian building sites
for suppliers and practitioners in the building chain, spelling an
end to the use of dangerous, flammable materials (10 March 2018).
More...
Melbourne's West Gate Tunnel planning
revoked
Planning approval for Melbourne's West Gate Tunnel toll road
has been revoked in state parliament and work on the project has
stopped (09 March 2018).
More...
Registration scheme introduced for engineers in
Victoria
The Victorian State Government will be introducing a mandatory
registration scheme for engineers, which according to them, will be
giving Victorian engineers an edge. The new scheme will ensure
highly-qualified and experienced engineers develop and oversee the
State's most important projects – including the Metro
Tunnel, West Gate Tunnel and the Level Crossing Removal Project (09
March 2018).
More...
Victoria leads the nation on building
approvals
Australian Bureau of Statistics (ABS) data
released this week shows Victorian building approvals reached a
record high of $40 billion in the 12 months to January 2018. In the
construction sector, both residential and non-residential building
approvals contributed to Victoria's extraordinary growth of
22.3 per cent in the 12 months to January – the highest
growth of all mainland states (08 March 2018).
More...
Land use Victoria proceeds to deliver infrastructure
boost
The Andrews Labor Government's record infrastructure program is
set to receive a boost from the commercialisation of the land
titles and registry functions of Land Use Victoria. The government
will shortly issue an Expression of Interest to proceed with the
transaction, with proceeds going towards the record investment in
the State's transport infrastructure (07 March 2018).
More...
Published
Case Study – Barangaroo Fire – March
2018
This case study draws on the circumstances related to a major fire
incident at the Lendlease Barangaroo South Construction Project in
March 2014.
More...
Australia's identified mineral resources
2017
Geoscience Australia; Government of Australia: 05 March
2018
This assessment provides useful long-term indicators of potential
resource life and future supply capability. Its broad outlook
should assist with government policy decisions, as well as programs
and planning associated with the minerals sector and the
sustainable development of Australia's mineral resources. More...
Housing affordability: Re-imagining the Australian
dream
John Daley, Brendan Coates, Trent Wiltshire; Grattan Institute:
04 March 2018
Building an extra 50,000 homes a year for a decade could leave
Australian house prices 5 to 20 per cent lower than they would be
otherwise, and stem rising public anxiety about housing
affordability, according to this Grattan Institute report. More...
Clean, reliable power: roadmap to a renewable
future
Andrew Stock, Petra Stock, Greg Bourne, Louis Brailsford;
Climate Council of Australia: 02 March 2018
This Climate Council roadmap outlines how Australia can cut its
rising greenhouse gas pollution levels, while continuing the
transition to clean, affordable and reliable renewable energy and
storage technology. More...
New South Wales
Check the cladding on your apartment building is fire
safe
The New South Wales Government is working to address the fire
safety risks associated with external wall cladding in high-rise
buildings and has developed and started implementing a
co-ordinated, whole of government policy response (09 March 2018).
More...
City of Sydney pushes for a net zero office
sector
Increased building standards, mandatory disclosure of NABERS
tenancy ratings and increased amounts of renewables are being
pushed by the City of Sydney in a bid to get office buildings to
net zero by 2050 (06 March 2018).
More...
HIA: Be prepared for blitz on falls
From 1 November 2017 SafeWork New South Wales inspectors will have
the power to issue on the spot fines of up to $3,600 to
corporations and $720 to individuals for breaches relating to falls
from heights. Fines may be issued where risk to workers is imminent
or serious, or if the workplace is considered to be a repeat
offender (02 March 2018).
More...
New South Wales Green Star brand caught up in waste
scandal
New South Wales construction waste sent to Queensland for recycling
is instead ending up dumped in landfill, a Fairfax investigation
this week has revealed, raising fears that the practice could
compromise the legitimacy of NSW Green Star ratings (01 March
2018).
More...
Queensland
Brisbane Queen's Wharf construction
starts
Construction on Brisbane's Queen's Wharf development will
officially begin on Thursday, more than a year after the project
started (09 March 2018).
More...
GE starts Coopers Gap wind farm
construction
GE has commenced the construction of the Coopers Gap Wind Farm with
a sod turning ceremony earlier last month. Upon completion in 2019,
the 453 MW wind farm will produce approximately 1,510,000 MWh of
renewable electricity annually. It will be the largest wind farm in
the country on completion, and GE's first wind project in
Queensland (09 March 2018).
More...
Palaszczuk Government securing payment for
subbies
The Palaszczuk Government's landmark building industry fairness
reforms mark an important milestone today with the commencement of
Project Bank Accounts (PBAs) as part of the
Building Industry Fairness Act (08 March 2018).
More...
Sunshine Coast Airport Expansion Project ready for
take-off
Sunshine Coast Council's largest construction project will now
get underway, with council today announcing John Holland has been
awarded a contract worth around $225 million (08 March 2018).
More...
Solar farm forums shed light on new planning
guidelines
New planning and community engagement guidelines are in development
to guide Queensland's solar farm boom, says the Queensland
state government. Natural Resources, Mines and Energy Minister Dr
Anthony Lynham said with 17 large-scale solar farms under
construction across the state and another 40-plus potentials,
specific planning guidelines were needed (07 March 2018).
More...
Practice and courts
'Think Big' Regional Australia—the
Regional Growth Fund is now open
The Australian Government's highly anticipated $272 million
Regional Growth Fund is officially open for applications from
across regional Australia. All interested parties are encouraged to
apply by 27 April 2018. For more information on the program,
including the guidelines and application process, please visit grants.gov.au (01 March 2018).
More...
Queensland
QBCC: Security of Payment - Project Bank
Accounts
Phase One of PBAs will begin on State Government funded projects
valued between $1 million and $10 million (including GST), from 1
March 2018. PBAs will need to be established by head contractors
for each project. They will be required to open three trust
accounts, a general account, a retention account and one for any
amount of money subject to a dispute. PBAs will not apply to
engineering and infrastructure projects including bridges, roads
and ports, unless 'building work' makes up 50% or more of
the contract value. For more information on the responsibilities of
each party to a PBA, visit the Department of Housing and Public
Works series of guidelines
here.
More...
Cases
Andriotis v Victorian Building Authority [2018] FCAFC
24
ADMINISTRATIVE LAW – Mutual Recognition Act 1992
(Cth), Part 3, mutual recognition of occupations –appeal from
decision of the Administrative Appeals Tribunal affirming the
decision of the local registration authority – where the
applicant, a registered waterproofer in New South Wales, applied
for registration as a waterproofer in Victoria – whether the
applicant was entitled to registration in Victoria – whether
registration authority was entitled to take account of the
applicant's "good character" in an assessment of the
application for registration – where s17(2) provides for an
"exception" to the mutual recognition principle for
operation of laws which "regulate the manner of carrying
on" an occupation – where s17(2)(b) provides a
qualification to that exception that those laws may not relate to
the "possession of some qualification" relating to
"fitness to carry on" the occupation – whether
"good character" is a qualification engaging s17(2)(b)
– "good character" is a qualification according to
the natural and ordinary meaning of "qualification"
– nothing in the context and purpose of the provision
requires a meaning other than the natural and ordinary meaning of
"qualification" to be employed – whether the
Tribunal retained a residual discretion to refuse under s20(2)
– s20 not concerned with refusal – registration
authority had no power to refuse application on any ground other
than those contained in ss23(1)(a)–(b) – registration
authority not entitled to separately consider applicant's
"good character" – appeal allowed.
Administrative Appeals Tribunal Act 1975 (Cth) ss43, 44;
Building Act 1993 (Vic) ss1, 4, 169, 170, 176, 179, 193,
197. Mutual Recognition Act 1992 (Cth) ss3, 4, 16, 17, 19,
20, 21, 22, 23, 24, 33, 34; Building Regulations 2006
(Vic) reg 1503, Sch 7; Trans-Tasman Mutual Recognition Act
1997 (NZ) s15.
Fulton Hogan Construction Pty Ltd v Cockram Construction
Ltd [2018] NSWSC 264
ADMINISTRATIVE LAW – judicial review – grounds of
review – whether an adjudicator failed to provide adequate
reasons under Building and Construction Industry Security of
Payment Act 1999 (NSW) s22(3)(b). ADMINISTRATIVE LAW –
prerogative writs and orders – certiorari – whether
discrete aspects of a determination affected by jurisdictional
error can be severed and quashed. INTERPRETATION – whether an
adjudicator's determination under Building and Construction
Industry Security of Payment Act 1999 (NSW) s22(1) is an
instrument under Interpretation Act 1987 (NSW) s32.
Trinco (NSW) Pty Ltd v Alpha A Group Pty Ltd [2018] NSWSC
239
BUILDING AND CONSTRUCTION – Building and Construction
Security of Payment Act 1999 (NSW) – whether
adjudication determination valid – whether payment claim made
on or from a reference date – where subcontract was
terminated – where subcontract did not provide for reference
dates after termination – whether work was completed under
the subcontract or under a separate and later subcontract –
whether a payment claim comprising work under two construction
contracts is valid – adjudication determination quashed.
Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty
Ltd [2018] NSWCA 33
PROCEDURE – release of funds paid into Court –
Building and Construction Industry Security of Payment Act
1999 (NSW) – unsuccessful appeal to High Court of
Australia – stay of recovery of progress payment on terms
that progress payment be paid into Court – whether
proceedings should be remitted to Equity Division or progress
payment released to successful High Court respondent.
NSW
Commissioner for Fair Trading v Rixon (No. 4) [2018] NSWSC
1
CONTEMPT OF COURT – sentencing – breach of consent
orders preventing conduct with respect to residential building work
– plea of guilty to knowingly breaching orders in five
respects – contempt committed during period of suspended
prison sentence imposed for a similar breach of the same orders
– aggravating factors - no demonstration of remorse –
high likelihood of reoffending – significance of both
specific and general deterrence – no penalty other than
fulltime imprisonment appropriate. Crimes (Sentencing
Procedure) Act 1999 (NSW); Home Building Act 1989
(NSW); Home Building Regulation 2014 (NSW); Uniform
Civil Procedure Rules 2005 (NSW).
Enpresionante
Pty Ltd v Australian Securities Ltd & Anor [2018] VSC
87
PRACTICE AND PROCEDURE – Summary judgment – whether
plaintiff has real prospects of success on its statement of claim
– where events subsequent to the filing of the statement of
claim mean that the plaintiff has no real prospects of success
– Civil Procedure Act 2010 (Vic), ss62 and 63 –
Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd
[2013] VSCA 158; (2013) 42 VR 27 – application for summary
judgment allowed.
Enpresionante and ASL entered into an agreement or agreements
whereby ASL agreed to provide finance to Enpresionante to complete
the building works and ASL took a registered mortgage over the
Property. By notices dated 4 May 2016, ASL gave notice to
Enpresionante that it was in default of the finance agreement and
to Ridgecon that it was in default under the building contract and
the finance agreement, as a result of not completing the works
under the building contract within a reasonable time or in
accordance with the plans and specifications.
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.