In the media
Urban development at a 'critical juncture'
Australia needs a national plan for the growth of cities
and regions overseen by a minister, national chief planner and a
new COAG council, parliamentary committee says.
The committee's Building Up & Moving Out report makes 37
recommendations addressing issues at national, regional and local
level (20 September 2018).
More...
Australian urban transport 'an unfolding
disaster'
The botched way governments plan and deliver major
infrastructure is contributing to other policy dilemmas like
housing affordability and social mobility (19 September 2018).
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Builder dreams to future-proof homes for our ageing
population
A builder is pushing to make Townsville a pilot city where
all new homes are built to silver level standard, to meet the needs
of Australia's growing populations of older people and people
with a disability (12 September 2018).
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Unsecured creditors likely to get nothing from
liquidation of construction company York Civil
Unsecured creditors of construction company York Civil are
unlikely to see any returns from the business. In a report provided
to creditors, the company's administrators, Martin Lewis and
Timothy Mableson from accounting firm Ferrier Hodgson blamed York
Civil's failure on a number of joint venture projects (10
September 2018).
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Victoria
Getting on with the rail and road projects Victorians
need
Over the coming months, Victorians will be faced with
another construction blitz to prepare for bigger trains, work on
the Metro Tunnel, West Gate Tunnel and improvements to Hoddle
Street (19 September 2018).
More...
How apartment owners got hooked to pick up the massive
bill for dodgy cladding
Victoria's Planning Minister, Richard Wynne recently
dropped a bombshell on thousands of apartment owners whose
buildings are covered in flammable cladding. New loan laws likely
to be passed by Parliament have been billed as a kindly gesture to
help owners of apartments covered in the flammable cladding to fund
the rectification costs (13 September 2018).
More...
'I hope everyone knows your name': Magistrate
blasts Corkman developers over asbestos dump
A magistrate says he would have jailed two Melbourne
developers if he had the power to, after they pleaded guilty to
dumping asbestos from an illegally demolished historic pub near
homes and a childcare centre (13 September 2018).
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New South Wales
New major plan for critical infrastructure in New South
Wales
A new New South Wales Government strategy will minimise
the impact of disasters on infrastructure, making it possible for
residents and businesses to access electricity, running water and
transport in the event of a disaster. Minister for Emergency
Services, Troy Grant, launched the New South Wales Critical
Infrastructure Resilience Strategy (CIRS) (17
September 2018).
More...
Improved access to Sydney Airport
Sydney Airport will soon be faster and less painful to
access, with the Sydney Gateway Project set to improve road and
rail access to the airport and Port Botany area. The project aims
to give local roads back to the local community, ease congestion
and make journeys to and from Sydney Airport easier, faster and
safer (14 September 2018).
More...
New South Wales delivering infrastructure
Key metropolitan, regional and local infrastructure
projects to be delivered on time and on budget are outlined, with
10 key infrastructure projects in metro and regional areas planned
to be on time and on budget by the end of 2024 (10 September 2018).
More...
Queensland
Cyclone resilience program clicks with
Queenslanders
The first two months of a Palaszczuk Government program to
make Queensland homes more cyclone resilient has been welcomed by
North Queensland residents (19 September 2018).
More...
Fears of secrecy as Qld Government set to ban
information requests on mining rehabilitation fund
The Queensland Government is set to grant a blanket
exclusion from right to information requests on a new
multi-million-dollar mining and gas rehabilitation fund —
going against the advice of the information watchdog (14 September
2018).
More...
Investigation into claims Adani bores put 'sensitive
one-million-year-old springs' at risk
The Queensland environment department launches an
investigation into a series of groundwater bores drilled by Adani,
which conservationists say were sunk without approval, contrary to
the miner's claim it had permission for the works (12 September
2018).
More...
Licence cancellations after a QBCC financial
crackdown
Queensland building companies operating under high-risk
financial circumstances have had their licenses cancelled following
a targeted investigation by the QBCC. The investigation has
resulted in 12 licence cancellations, including seven licensees who
were more than 200 per cent over their maximum revenue limit (10
September 2018).
More...
Published
Building Up & Moving Out
Commonwealth of Australia 2018: September 2018.
More...
Future transport and mobility - Australian capabilities
and opportunities: summary report
Australian Trade and Investment Commission, ITS Australia,
Department of Infrastructure, Regional Development and Cities
(Australia): 10 September 2018
Increasing urbanisation, rapid population growth and questions of
environmental sustainability are forcing Australia to rethink its
transport infrastructure matrix, according to this Austrade report.
More...
ACI Construction Briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry (17 September
2018).
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Cordell Construction Monthly – 17 September
2018
The latest CoreLogic - Cordell Construction Monthly Report
identified Civil Engineering projects as the heroes of the sector,
leading both the quantity stakes at 29% of all pipeline projects,
and the majority of pipeline value at 57%. Second place goes to
'Apartment and Unit' projects, with 25% of the pipeline
quantity and 14% of the pipeline value, but the highest median
project value of $1.2M (17 September 2018).
More...
In practice and courts
HIA Submissions
Building and Construction Industry Security of Payment Amendment
Bill 2018 and Securing Payments in the Building and Construction
Industry - A Proposal for 'Deemed' Statutory Trusts -
NSW (21 September 2018)
Building Industry Fairness (Security of Payment) Amendment
Regulation - QLD (20 September 2018)
ISCA: IS Innovation Challenges: IC-3 Carbon
Neutrality
IS Innovation Challenges are there to inspire projects,
organisations, assets and individuals to pursue sustainability
initiatives beyond the expectations of the ISv1.2 rating scheme. A
project can register interest for an Innovation Challenge through
their Case Manager using the Innovation challenge registration
form. For more information on submissions, visit the
innovation challenges index (19 September 2018).
More...
Cases
Hyundai Engineering & Steel Industries Co Ltd v Two
Ways Constructions Pty Ltd [2018] FCA
1427
ARBITRATION – international arbitration –
where award creditor brought proceedings to enforce award obtained
in Singapore – where award debtor sought to set aside the
award in part in the High Court of the Republic of Singapore
– where award debtor applied under s 8(8) of the
International Arbitration Act 1974 (Cth) to adjourn award
enforcement – adjournment granted on condition that award
debtor provide security for full amount of the award plus interest
– where award debtor failed to provide security and then when
into voluntary administration – application by award creditor
under s 440D of the Corporations Act 2001 (Cth) for leave
to proceed with enforcement application notwithstanding voluntary
administration – leave granted.
Greenwood Futures v DSD Builders
[2018] NSWSC 1407
BUILDING AND CONSTRUCTION – application to quash
adjudicator's determination under Security of Payment Act
– whether first and second payment claims issued were invalid
because supporting statement was not included – weight of
first-instance authority indicates invalidity. BUILDING AND
CONSTRUCTION – where three payment claims issued in the same
terms – whether third payment claim supported by a separate
reference date – prohibition on serving multiple payment
claims referable to same reference date – existence of
reference dates to be determined in accordance with the Security of
Payment Act – third payment claim validly supported by
reference date.
BUILDING AND CONSTRUCTION – whether adjudicator failed to
discharge his statutory functions in good faith – where
alleged that adjudicator failed to value the construction work
– no requirement for adjudicator to value work as the
contract determined the progress payment amounts for each
milestone.
COSTS – where successful defendant caused the present
litigation – where defendant proceeded with disregard for the
requirements of the Security of Payment Act to harass the plaintiff
– only reason for not awarding costs against defendant is the
compensatory and not punitive function of costs – each party
to bear its own costs.
Building and Construction Industry Security of Payment Act
1999 (NSW); Corporations Act 2001 (Cth); Supreme
Court Act 1970 (NSW).
Mann v Paterson Constructions Pty Ltd
[2018] VSCA 231
RESTITUTION – Building contract – Whether
quantum meruit award available to builder who accepts owners'
repudiation of contract – Sopov v Kane Constructions Pty
Ltd (No 2) (2009) 24 VR 510 applied.
RESTITUTION – Building contract – Owners'
repudiation accepted by builder – Claim in quantum meruit
– Whether regard must be had to builder's actual costs in
assessing amount payable – Whether Victorian Civil and
Administrative Tribunal erred in assessing amount payable on basis
of quantity surveyor's evidence rather than actual costs
– Appeal dismissed – Sopov v Kane Constructions Pty
Ltd (No 2) (2009) 24 VR 510 followed.
BUILDING AND CONSTRUCTION – Building contract –
Owners' repudiation accepted by builder – Whether
Domestic Building Contracts Act 1995 s 38 precludes recovery on
quantum meruit basis for orally agreed variations – Appeal
dismissed.
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.