In the media – National
Australia housing construction boom shows signs of
slowing down
Australia is witnessing a cooling off in its biggest-ever
home-building boom as approvals for new projects sank 17.2 percent
in April, a turnaround that could undermine policymakers' hopes
for solid economic growth over the next two years (02 June 2017).
More...
Low emissions roadmap looks to a clean tech
future
The released CSIRO Low Emissions Technology Roadmap which strongly
reinforces the Government's technology neutral approach to
emissions reductions and our focus on energy security and energy
productivity. The Roadmap explores major shifts in electricity
generation and energy use in buildings, industry and transport out
to 2050 (02 June 2017).
More...
Plans to build Australia's first offshore wind farm
revealed
Plans for an Australian-first offshore wind farm off Victoria's
south-east coast, which could provide almost a fifth of the
state's energy, wins cautious government support (02 June
2017).
More...
Court rules on site bans for top CFMEU
officials
Victoria's powerful construction union has suffered a major
blow in a landmark court ruling that will see most of its senior
officials barred from entering building sites without an invitation
from management (02 June 2017).
More...
MBA: Days lost to industrial disputes still too high but
trending in right direction
The latest data from the Australian Bureau of Statistics shows that
building union strikes cost the industry 10,200 days in the March
quarter, which was 40% of the National total and the highest of any
sector in the economy (01 June 2017). More...
WGBC: All buildings must be net zero carbon by
2050
Businesses should commit to only owning or leasing space in
buildings that will be net zero carbon by 2050, the World Green
Building Council has urged. The call comes in a just-released
report which sets out the pathways and requirements for the built
environment to pull its weight in achieving the below 2°C
target set by the Paris Agreement (01 June 2017).
More...
Unprecedented class action launched against
Victoria's building regulator
An unprecedented class action is being levelled against
Victoria's building regulator for failing to protect dozens of
home owners from shoddy and dangerous building work (31 May 2017).
More...
Here's where the construction boom is in
Australia
Australia has been on an epic residential building boom in recent
years, constructing more homes than ever before in the 2015/16
financial year, with the Housing Industry Association
(HIA) showing Australia's top 20 residential
building "hotspots" for the 2015/16 financial year (29
May 2017).
More...
Australia rises in renewable energy
attractiveness
Australia had moved up to 5th place on Ernst Young's Renewable
Energy Attractiveness index following the investment of over $7.5
billion in wind, solar and rooftop installations in 2016-17 (29 May
2017).
More...
Building company accused of owing workers millions fails
to get hijacked website shut down
A building company that allegedly owes money to underworld figure
Mick Gatto fails in its initial attempt to silence two
subcontractors who have waged an online war against the builder
over claims of unpaid debts (26 May 2017).
More...
Infrastructure Australia: Outsourcing passenger
transport brings down costs, brings up quality
As governments around the country look for ways to fund
infrastructure, Infrastructure Australia has today provided the
blueprint for better public transport at better value to taxpayers,
said Infrastructure Partnerships Australia (26 May 2017).
More...
Construction data hints at GDP slowdown:
ABS
The chances of Australia posting solid first-quarter economic
growth are getting slimmer, thanks to weaker-than-expected
construction data (25 May 2017).
More...
In the media – Victoria
Independent advice on future of second port
received
Existing Victorian ports have capacity for almost another 40 years
according to advice released today by Infrastructure Victoria. The
Andrews Labor Government welcomes the Advice on Securing
Victoria's Ports Capacity report from Infrastructure Victoria
(23 May 2017).
More...
See Infrastructure Victoria's Advice on Securing
Victoria's Ports Capacity report here.
Heavier penalties introduced for reckless
builders
The Victorian Building Authority now has greater enforcement
powers over people who knowingly oversee or carry out building work
that is not in accordance with the building permits, the
Building Act (1993) (the Act) or the
building regulations (24 May 2017).
More...
In the media – New South Wales
Housing approvals remain at record levels
Housing approvals continue at near-record levels with more than
72,000 residential building approvals over the past year, latest
data from the ABS shows (30 May 2017).
More...
In the media – Queensland
Jobs to flow as North Queensland Stadium trade packages
released today
Local jobs will flow from the first trade packages being released
today for the $250 million North Queensland Stadium, with managing
contractor Watpac is releasing the first 27 trade packages for
demolition, temporary fencing and other early stage works on the
ICN gateway (02 June 2017).
More...
Government welcomes Rockhampton contract, jobs for Adani
project
The Palaszczuk Government has welcomed the announcement by Adani
Australia to grant a contract of more than $82 million to supply
concrete sleepers from Rockhampton for the Carmichael Coal mine
project's rail line (02 June 2017).
More...
Palaszczuk Government welcomes royalties agreement with
Adani
The Palaszczuk Government has welcomed the first agreement under
its royalties framework to open investment and create jobs in the
Galilee and Surat Basins and the North West Minerals Province (30
May 2017).
More...
Queensland building approvals up 3.4 % in
April
Building approvals in Queensland weathered the anticipated decline
in approvals for units with a sharp, unexpected monthly rise in
April (30 May 2017).
More...
Queensland leads country in tackling dodgy building
products
After years of federal government inquiries, reports, hand-wringing
and head-shaking over dodgy building products, the Queensland
government has leapt over the competition with a new set of
building product safety rules. They are designed to be
comprehensive and catch everyone in the net – from tradies to
designers, manufacturers, importers, suppliers and installers (29
May 2017).
More...
(Government media) More...
Eagle Farm construction deaths spark tough new building
licensing laws
The Queensland Government introduces proposed laws that gives the
construction watchdog stronger powers to refuse or cancel licences
to builders with a poor safety record (25 May 2017).
More...
Queenslanders demand better
The poll of 1,000 Queenslanders, commissioned by Infrastructure
Partnerships Australia, Infrastructure Association of Queensland,
and the Property Council, has uncovered deep public concern that
the State's infrastructure needs are not being adequately met
by all levels of government (24 May 2017).
More...
Solar now Queensland's largest power
station
Queensland has officially become the Solar State with new figures
confirming that combined solar rooftops are now Queensland's
largest power station - surpassing the 1,680 megawatt Gladstone
Power Station (24 May 2017).
More...
Published
Australian Bureau of Statistics
30/05/2017
Building Approvals, Australia, Apr 2017 (cat no. 8731.0)
24/05/2017
Construction Work Done, Australia, Preliminary, Mar 2017 (cat
no. 8755.0)
Renewable energy and jobs: Annual Review
2017
International Renewable Energy Agency: 24 May 2017
Presents the status of renewable energy employment, both by
technology and in selected countries, over the past year.
More...
Practice and courts – National
ABCC Code for the Tendering and Performance of
Building Work 2016
The Code
for the Tendering and Performance of Building Work 2016
applies to companies who wish to undertake Commonwealth-funded
building work. Building industry participants covered by agreements
made prior 2 December 2016 have until 29 November 2018 to ensure
their agreements are Code compliant.
National Infrastructure Summit, Sydney, 28 – 29
June
This year the focus is on driving growth through smarter, more
efficient cities. Over 300 of Australia's top investors,
planners, contractors, advisers and policy-makers will be in
attendance – at what is the nation's premier
infrastructure event. Learn more and register your place
here.
Practice and courts – Victoria
VBA: New Residential Zones
Planning Scheme amendment VC110. New residential zones
and impact on Part 4 of the Building Regulations. Click here to read the fact sheet (02 June
2017).
VBA: Building Interim Regulations
2017
The
Building Interim Regulations 2017 come into operation
on 4 June 2017, replacing the Building Regulations 2006 in
substantially the same form. Minor amendments have been made to
update references to legislation, planning schemes, government
departments, the National Construction Code, and Australian
Standards, and to reflect current drafting practice (24 May
2017).
Practice and courts – New South Wales
A Fair Go for First Home Buyers –
Factsheet
The New South Wales Government has developed a comprehensive
package of measures designed to improve housing affordability
across NSW (01 June 2017).
More...
Practice and courts – Queensland
Queensland Master Builders: Queensland's new
planning system
New planning legislation set to replace the Sustainable
Planning Act 2009 will come into effect from 3 July 2017.
QMB have outlined some changes that have been made
to the existing legislation and planning system, and the resulting
benefits (02 June 2017).
More...
Better Mine Rehabilitation for Queensland
The Queensland Government is proposing a new policy for mine
rehabilitation outlined in a discussion paper,
Better Mine Rehabilitation for Queensland. The proposed
rehabilitation policy is a key component of an integrated mined
land management framework, which also includes six delivery
elements. Read the
Better Mine Rehabilitation for Queensland discussion paper and
complete
the survey or provide a submission by 15 June 2017.
Cases
470 St Kilda Road Pty Ltd v Robinson
[2017] FCA 597
CONSUMER LAW – where statutory declaration made in trade and
commerce – where statutory declaration deposed to reasonable
inquiries undertaken – whether representations with respect
to reasonable inquiries untrue – whether statutory
declaration misleading and deceptive – whether applicant
relied on untrue representations – whether apportionable
claims under the Wrongs Act 1958 (Vic).
NEGLIGENCE – whether statutory declaration contained
negligent misstatements.
Competition and Consumer Act 2010 (Cth), Sch 2
("Australian Consumer Law") s 18. Statutory
Declarations Act 1959 (Cth), s 8. Statutory Declarations
Regulations 1993 (Cth), Sch 1. Building and Construction
Industry Security Payment Act 2002 (Vic), s 14.
SMLXL Projects Pty Limited v RIIS Retail
A/S [2017] NSWDC 131
Building and construction – summary judgment application -
Building and Construction Industry Security of Payment Act
1999 – whether proper detail of work included in a
payment claim to comply with section 13(2)(a) - relevance of
background knowledge of the recipient of a payment claim - whether
need to show contract or agreement to a sum for the building works
or a mechanism to establish a sum before the issue of a payment
claim –– whether agreement to alleged variations
established.
Abergeldie Contractors Pty Ltd v Fairfield City
Council [2017] NSWCA 113
BUILDING AND CONSTRUCTION – Building and Construction
Industry Security of Payment Act 1999 (NSW) – progress
payments scheme – requirement of valid reference date under
contract – date of practical completion – whether
payment claim valid. CONTRACTS – construction of contract
– meaning of "date of practical completion" –
whether practical completion dependent on building
superintendent's opinion, or objective existence of state of
facts – whether "date of practical completion" is
the date of certificate of completion.
Boral Limited v Foley Bear Pty Ltd trading as J R
Industries (No 2) [2017] NSWCA
108
APPEAL – RESTITUTION - where appeal successful –
notice of appeal did not seek restitution - application for order
of restitution – slip rule - whether appropriate to order
interest payable on the repayment amount.
Stuart v Queensland Building and Construction
Commission [2017] QCA 115
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES
– RIGHT OF APPEAL – WHEN APPEAL LIES – GENERALLY
– where the applicant seeks leave to appeal against a
decision of the Appeal Tribunal of the Queensland Civil and
Administrative Tribunal dismissing an application for costs –
where ss 149 and 150 of the Queensland Civil and Administrative
Tribunal Act 2009 allow appeals against the "final
decision" of the Tribunal – whether an order as to costs
is a "final decision".
Bundaberg Regional Council v Bailey
[2017] QPEC 031
Pursuant to section 439 of the Sustainable Planning Act
2009, a judge of this court has the same power to punish a
person for contempt of the court as the judge has to punish that
person for contempt of the District Court - finalisation of all
works- respondent sought an extension for the timeframe - commence
and complete the building works authorised by the building
development approval.
Medussa Enterprises Pty Ltd v Nationwide Concrete Pumping Pty
Ltd [2017] VSC 275
CORPORATIONS – Corporations Act 2001 (Cth), s 459G
– application to set aside statutory demand by reason of
alleged genuine dispute in respect of the debt – alleged
dispute found to be spurious and implausible - application
dismissed.
ImageBuild Group Pty Ltd v. Cidec Pty Ltd Ors
CI-17-02147 (16 May 2017) [2017] VCC 615
Practice and procedure – Interlocutory injunction –
Plaintiffs' website "taken over" by disgruntled
creditors – Statements published on website alleging criminal
behaviour and serious misconduct by the plaintiffs, its director
and others associated with them – Tort of injurious falsehood
alleged – Whether sufficient evidence to establish a serious
question to be tried as to the falsity of the statements on the
website.
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.
