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News
Senate committee calls for CSG freeze
After conducting a wide-ranging inquiry into the management of
the industry across the Murray Darling Basin, the senate committee
on rural affairs and transport has recommended the Government
freeze all new CSG developments in areas that overlay the Great
Artesian Basin until further scientific studies are completed (02
December 2011)
More...
Report: coal a major and indirect hazard to human
health
A 2009 report from the Australian Academy of Technological
Sciences and Engineering indicates the annual health costs from
coal fired power station local air emissions, excluding greenhouse
gases have been estimated to be $2.6 billion in Australia. This
makes coal an expensive, as well as harmful, form of power
generation (29 November 2011)
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Peak of the mining boom, peak of the property
market
Academics at Victoria University warn in a new report 'The
Resources Boom and Macroeconomic Policy in Australia' , that
the mining boom has peaked, and the yearly benefits to the broader
economy from the mining boom are no longer rising ( 28 November
2011)
More...
Nagambie Bypass: northern section opens to
traffic
Almost two years to the day since the start of work, the first
section of the new Nagambie Bypass has today opened to traffic,
with the entire $188 million project on track to be completed by
the middle of next year (2012) (01 December 2011)
More...
Privatisations will provide $10b for infrastructure
push
The NSW Treasurer Mike Baird, says the sale of the state's
electricity generators is the "final piece" in a
three-prong privatisation program that will create an additional
infrastructure war chest of $7 billion to $10 billion (28 November
2011)
More...
NBN - Regional broadband gets its
backbone
The recent completion of the broadband backbone link to Broken
Hill will connect regional locations in New South Wales, South
Australia and Victoria, with 1150 kilometres of fibre optic
infrastructure has been laid out, with connected towns including
Mildura, Swan Hill, Echuca/Moama, Kerang and Renmark. (23 November
2011)
More...
Agreement signed to improve safety in construction
industry
WorkCover NSW and NSW Public Works have signed an interagency
agreement to improve consistency in workplace health and safety
standards across more than a billion dollars of public assets.
WorkCover will assist NSW Public Works maintain consistency across
their main construction and maintenance projects (25 November 2011)
More...
Preferred tender for the Cloncurry Solar Farm
project
The Bligh Government has named Ingenero Pty Ltd as preferred
tender to design, build and operate a 2.128 megawatt solar farm at
Cloncurry. Construction of the solar farm is scheduled to begin in
July 2012 subject to Ingenero receiving development approvals and
concluding contractual and land lease arrangements, plus network
connection and power purchase agreements (02 November 2011)
More...
Queensland land access laws under review
Queensland miners have welcomed a review of laws governing
access to private land, warning legal costs could hit compensation
payouts to landholders. The Queensland Resources Council panel will
consult with key industry and community stakeholders to assess the
day-to-day workings and effectiveness of the land access framework
(30 November 2011)
More...
Queensland Cyclone shelters out to tender
Tenders have now opened for the Bligh Government's $60
million cyclone shelter program, Minister for Government Services
and Building Industry Simon Finn announced today. More than 20
contractors have been selected to tender for eight of the 10
multi-purpose public cyclone shelters being built (29 November
2011)
More...
New environmental conditions and approvals planned for
CSG water
Environmental and landholder protection are the cornerstone of
the Bligh Government's draft coal seam water management policy
according to the Environment Minister, with the announcement of
strict environmental conditions and
approvals in place for all coal seam gas companies. The
requirements, from drinking water guidelines and the Australian and
New Zealand Environment Conservation Council guidelines, take into
account the composition of the CSG water and the quality of the
water in the watercourse (24 November 2011)
More...
State Government implementing recommendations of the
Queensland Floods Commission
An historic Memorandum of Understanding signed last month
strengthens cross-border arrangements and improve responses to
natural disasters in both states. With more consultation planned
with key councils, this MOU reinforces the relationship between the
two States by including all Government services affected by
cross-border issues and covers the entire NSW-Queensland border (24
November 2011)
More...
New Projects Approved for Bruce Highway
Upgrade
Infrastructure Minister Anthony Albanese has announced that
eight new projects have received funding approval as part of the
Bruce Highway Safety Package. The largest of the new projects is
the construction of "a new two lane road on the western side
of the Bruce Highway connecting Frizzo Road with Sippy Creek
Road" (22 November 2011)
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Planning Underway for Mackay Ring Road
Upgrade
Federal Infrastructure Minister Anthony Albanese and
Queensland Main Roads Minister Craig Wallace have announced that
AECOM has been engaged to identify a proposed route and prepare a
full project plan for the proposed Mackay Ring Road, both of which
are necessary for funding approval of the project. This project is
intended to form part of the infrastructure investment needed to
support economic growth in the area as a result of the resources
industry (23 November 2011)
More...
Articles
Management of the Murray Darling Basin
Author: Senate Standing Committee on Rural Affairs &
Transport
Interim report: the impact of mining coal seam gas on the
management of the Murray Darling Basin with recommendations
(November 2011) To view the full report
click
here
Creating Places for People
Department of Infrastructure and transport
Creating Places for People is a collaborative commitment to best
practice urban design in Australia. The protocol is the result of
two years of collaboration between peak community and industry
organisations, States, Territories, Local Governments, and the
Australian Government
Australian suburban house building: industry
organisation, practices and constraints
Author: Tony Dalton, Australian Housing and Urban Research
Institute
DPI Compliance report
Author: Department of Planning and Infrastructure
Monthly Auditing and Compliance Activities report for October
2011 (25 November 2011)
Sham Contracting Inquiry: Report 2011A
uthor: Australian Building and Construction Commissioner
(ABCC)
This Inquiry and Report are the continuation of a problem-solving
process that has been traversed in various contexts for many years.
The findings and recommendations outlined here are intended to
inform the ongoing discussion on how best to address the problem of
sham contracting (29 November 2011)
ABS Publications
(23 November 2011)
Practice Notes
CRC for Low Carbon Living' successful applicants
announced for 2011
The successful applicants of this year's CRC selection
round have been announced by the Minister for Innovation Senator
Kim Carr and listed here (24 November 2011)
More...
Current Draft Policies and Plans,
Announcements
QLD: Asbestos information website from January
2012
The Minister for Government Services Simon Finn and Minister
for Industrial Relations Cameron Dick announced that from the
beginning of next year, the one-stop-shop phone contact would be
provided through 13 QGOV (13 7468) (27 November 2011)
More...
QLD: Consultation - Draft Coal Seam Water Management
Policy
The state draft policy which puts aquifer injection as the
first priority water management option for this water, has been
released for landholder, community and CSG company feedback.
Submissions can be made online to ensure the sustainable
development of the industry, and more information is available
online at
www.derm.qld.gov.au (24
November 2011)
More...
QLD: Building newsflash number 486 - Building work under
the Mineral Resources Act 1989 and the Petroleum Gas (Production
and Safety) Act 2004
To advise on the application of the Queensland Development
Code (QDC) Mandatory Part (MP) 3.3 Temporary Accommodation
Buildings and Structures, and the assessment of building work
carried out under the Mineral Resources Act 1989 (MRA) and the
Petroleum Gas (Production and Safety) Act 2004 (PGA) (23 November
2011)
VIC: WorkSafe targets domestic housing
construction
Worksafe Victoria is targeting domestic construction sites in
Melbourne's west from 8 December. This will be the first of a
series of state-wide campaign visits to target basic safety issues,
including fall protection, electrical safety, housekeeping, site
security and supervision (28 November 2011)
More...
Cases
Helal v McConnell Dowell Constructors (Aust) Pty Ltd (No
3) [2011] FCA 1344
INDUSTRIAL LAW – labour supplied by respondent to
sub-contractor – building employees of sub-contractor not
regulated by industrial agreement governing respondent –
whether discriminatory action taken by respondent against employees
of sub-contractor – whether such action was taken on
ground that employees not covered by particular kind of industrial
instrument – ground must be a "substantial and
operative reason" for taking action – no
discriminatory action found to have occurred
Building and Construction Industry Improvement Act 2005 (Cth)
ss 3, 4, 45,49
Conciliation and Arbitration Act 1904 (Cth) s 5
More...
Redline Contracting Pty Ltd v MCC Mining (Western
Australia) Pty Ltd [2011] FCA 1337
CONTRACT – contract for the installation of
pipelines for resources project – unconditional
undertaking procured by contractor in favour of the principal
– whether negative stipulation in contract –
whether contract precludes the principal from calling on
unconditional undertaking.
PRACTICE AND PROCEDURE – interlocutory injunction
– whether the contractor demonstrated a prima facie case
– dismissed
More...
Coe v Roth [2011] NSWSC 1427
Damages assessed in an amount of $7,047,378.21.
PRACTICE AND PROCEDURE - application for default judgment -
where the plaintiff entered into a shipbuilding contract with a
shipbuilder for the construction of a vessel - where the defendant
is the guarantor of payments due from the shipbuilder - where the
vessel was delivered late in breach of the agreement - where the
shipbuilder had financial difficulties and sought overpayments from
the plaintiff in order to complete the vessel - whether the
overpayments by the plaintiff constitute unliquidated damages -
where the plaintiff has issued notices of default to both the
shipbuilder and the defendant but no payment was made in response -
where the shipbuilder has gone into liquidation - the plaintiff
seeks unliquidated damages from the defendant
More...
Hanave Pty Ltd -v- Nahas Construction (NSW) Pty
Ltd[2011] NSWSC 1476
BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT
1999 (NSW) - adjudicator finds in favour of first defendant having
considered and accepted a quantity surveyor's report relied on
by the first defendant which contained a disclaimer to the effect
that no one except the plaintiff should rely on it - the plaintiff
contended that in relying on the report and in not providing
adequate reasons for his reliance on it, the adjudicator failed to
make a bona fide attempt to discharge his duties or denied the
plaintiff natural justice - held that the adjudicator made no error
in relying on the report and that his reasons for doing so were
adequate
More...
OneSteel Manufacturing Pty Ltd -v- BlueScope Steel (AIS)
Pty Ltd[2011] NSWSC 1450
CONTRACT - ss 31, 40 and 50 Sale of Goods Act 1923 (NSW) -
contract for the supply and purchase of iron ore - construction of
provision entitling buyer to request seller not to load shipments -
whether seller's concurrence required - whether buyer breached
contract by refusing delivery - provision entitling buyer to reduce
level of purchases where caused by requirement for buyer to reline
its blast furnace and provided reduction was reasonably
proportional to reductions of purchases from other iron ore
suppliers - whether buyer exercised its rights under the provision
- whether reduction was reasonably proportional - BREACH - whether
purchaser breached contract by not being ready and willing to
deliver - whether buyer dispensed with requirement for purchaser to
be ready and willing - DAMAGES - whether seller suffered damages
where it was not ready and willing to deliver - measure of damages
- mitigation - whether seller failed to mitigate damages -
construction of limitation provision
More...
Mahon v Clear Engineering & Ors (Home Building)
[2011] NSWCTTT 537
Barbano v Prego (Home Building) [2011] NSWCTTT
527Debt Recovery Home Building - Bankruptcy: Undischarged
Bankrupt
Home Building Act 1989; Bankruptcy Act 1966 ; Debt Recovery;
More...
Kavieris v Structural Solutions Group Pty Ltd (Home
Building) [2011] NSWCTTT 521
In matter HB 10/19160 I order the respondent to pay the
applicant $17,144.38 2011.
residential building work as defined under the HB Act-
proceedings before the Tribunal for an additional payment of
$19,959.00.
More...
Bowen Central Coal Pty Ltd v Aquila Coal Pty Ltd &
Anor [2011] QCA 334
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS
– INTERLOCUTORY INJUNCTIONS – RELEVANT
CONSIDERATIONS – BALANCE OF CONVENIENCE GENERALLY
– where the appellant and first respondent are parties to
a joint venture agreement to develop a coal mine – where
the agreement contained a procedure by which the parties could put
forward and vote upon a resolution for the mine development
– where the procedure required two meetings of the
Management Committee – where if one party voted against
the resolution at both meetings an "option" to buy the
other party's interest may arise – where the first
respondent voted against the appellant's resolution at the
first meeting – where the first respondent brought
proceedings against the appellant alleging that the proposal for
mine development did not comply with the agreement –
where the first respondent alleged that the appellant had breached
its obligation of good faith in putting forward the resolution
– where the first respondent successfully applied for an
interlocutory injunction restraining the second meeting of the
Management Committee from taking place – whether the
primary judge's discretion in granting the injunction
miscarried
More...
Ware Building Pty Ltd v Centre Projects Pty Ltd [2011]
QSC 343
Application pursuant to the Building and Construction Industry
Payments Act by the present
applicant for an injunction restraining the enforcement of an
adjudication order – application refused –
pending arbitration
More...
Kevin McSweeney Pty Ltd v Brisbane City Council [2011]
QPEC 138
ENVIRONMENT AND PLANNING – BUILDING CONTROL
– COUNCIL CONSENT AND APPROVAL – MATTERS FOR
CONSIDERATION BY COUNCIL – ON APPLICATIONS FOR DEMOLTIONS
– where development approval was sought for demolition of
a pre-1946 dwelling within a demolition code precinct –
whether the 'Purpose' of the City Plan was applicable to
the demolition code precinct.
ENVIRONMENT AND PLANNING – BUILDING CONTROL
– OTHER MATTERS – NOTICES AND ORDERS
– DEMOLITION, REMOVAL, REPAIR OR RESTORATION –
DEMOLITION OR REMOVAL – where development approval was
sought for demolition of a pre-1946 dwelling within a demolition
code precinct – code-assessable – whether the
"traditional character" of the streetscape had been lost
as a result of "unsympathetic" houses – what
'segments' of the street constitute the
'streetscape' for the purposes of assessment.
More...
Evans v Queensland Building Services Authority [2011]
QCAT 543
Application to strike out – direction to rectify
having issued – Subsequent direction to rectify
– unfairness
More...
Stuart Homes and Renovations v Denton [2011] QCAT
526
Building dispute – whether commercial or domestic
building contract – whether written contract contains the
agreement between the parties – whether contract for shed
or for habitable dwelling
More...
Tassin and Anor v Simpson and Ors [2011] QCAT
548
BUILDING DISPUTE – Master Builder's Minor Works
Contract – breach of contract – considerable
delay in completing the contract – expenses of delay
– dispute over building methods – reasonable
care and skill – legal costs – interest
– abuse of process
More...
Greener and Anor v Carew [2011] QCAT
547Application regarding a dispute over a building
contract – whether contract validly terminated by builder
– owners' right to compensation if contract not
validly terminated - the Respondent pay to the Applicants the sum
of $28,500.00 More...
Nunn t/a Al Nunn Design Construction Builders v Gavin
and Anor [2011] QCAT 546
Self executing order – whether Tribunal functus
officio – case management principles
grant the respondents leave to file that amended counter
application which was filed outside the time
More...
Clark and Anor v Lazaway Pools & Spas (ACN 007 171
520) (Domestic Building) [2011] VCAT 2131
Swimming pool contract, SPASA standard form, variations, prime
cost items, provisional sums, foreseeability of collapse of
excavation due to rain, suspension, repudiation, cost to complete.
More...
AAW Pty Ltd v Faiman and Anor (Domestic Building) [2011]
VCAT 2130
Domestic building – cabinet work –
contract not adequately describing work in breach of s31(1)(c)(d)
of the Act – repudiation by cabinet maker before
instalment due – acceptance of repudiation - consequences
– quantum of damage on counterclaim – dismissed
More...
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.