In the media
Australian consumers 'paying twice' as carbon
emitters compensated
Analysis by consultants Carbon and Energy Markets suggests that
brown coal power plants in Victoria's Latrobe Valley could get
billions of dollars in compensation over the next few years (21
February 2013).
More...
ASBEC Steps to NetZero Homes
In two key papers released, the Australian Sustainable Built
Environment Council (ASBEC) laid down what it says represents a
roadmap toward 'net-zero' residential housing, a concept in
which the housing stock in Australia effectively becomes neutral
from the viewpoint of carbon emissions (21 February 2013).
More...
Businesses must now report contractor's pay to tax
office
Businesses in the building and construction industry must now
report to the Australian Taxation Office (ATO) the total amount
they have paid contractors for building and construction services
or risk review or audit and may face penalties (20 February 2013).
More...
Major Project Facilitation Status for the FiSH
Project
The Minister for Infrastructure and Transport has granted Major
Project Facilitation (MPF) status to the National Ports
Corporation's Field Support Hub (FiSH) project given its
potential to assist in the development of remote resource projects
around Australia (20 February 2013).
More...
MBA: Builders take on carbon tax burden
Carbon tax adds about $3,800 to the cost of construction of a
standard four bedroom, brick veneer house, while the 6-star energy
rating adds approximately $5,600, rain water tanks $6,000, and
greenhouse-efficient hot water systems up to $3,000 extra (13
February 2013).
More...
Australian unions want national asbestos
authority
Two of Australia's biggest unions have banded together to call
for action on the 'deadly threat of asbestos' they say
remains in Australian homes, calling on the Federal Government to
'address the deadly threat of asbestos that is still present in
many older homes, government and commercial buildings (13 February
2013). More...
Govt bullying laws will create 'more problems':
industry
Under proposed changes to the Fair Work Act, workers who claim they
are being bullied would be able to have the matter listed with the
Fair Work Commission (FWC) within 14 days of making a complaint.
Master Builders said the measures would create confusion and more
red tape, adding that union officials should be targeted along with
workers and employers.t (13 February 2013).
More...
Major warehousing development at Epping
Market
A massive project to deliver in excess of 100,000 square metres of
warehousing in the new Melbourne Wholesale Market development at
Epping was announced by Minister for Major Projects Denis Napthine
today (20 February 2013).
More...
More overtaking lanes for the Western
Highway
Cut and Fill Pty Ltd has been awarded the contract to install new
overtaking lanes along the Western Highway, with work expected to
begin later this month and be completed in November 2013 (14
February 2013).
More...
Construction starts on $10 million Castlemaine hospital
redevelopment
Minister for Health David Davis and Treasurer Kim Wells today
marked the start of construction works for the $10 million
redevelopment of Castlemaine Hospital (13 February 2013).
More...
Tough New Rules for Coal Seam Gas
Activity
The NSW Government have declared country towns and suburbs across
NSW 'no go zones' for CSG activities in NSW, and
established the Environment Protection Authority as the cop on the
beat to enforce environmental and health regulations (20 February
2013).
More...
NSW Housing And Construction Jumps
NSW Minister for Planning and Infrastructure Brad Hazzard has
welcomed the latest figures on housing approvals and completions in
Sydney, showing the highest annual housing approvals since 2003-04,
with a 22 per cent jump in approvals and 31 per cent jump in new
home completions in the last six months of 2012 (19 February 2013).
More...
Pathway To Solar Thermal For Coal-Fired
Collinsville
The Australian Government, through the Australian Renewable Energy
Agency's (ARENA) Emerging Renewables Program, will invest in a
RATCH-Australia Corporation Limited initiated feasibility study
feasibility study that is investigating the conversion of
Collinsville Power Station into a hybrid gas/solar thermal plant
(20 February 2013).
More...
Brisbane's Airport Link $3 billion debt 'a
fiasco'
The Australian Shareholders Association (ASA) has described
Brisbane's Airport Link as the "biggest construction
project disaster" in recent history. Toll road operator
BrisConnections went into receivership yesterday with debts
totalling more than $3 billion (20 February 2013).
More...
Far North Queensland to benefit from Bowen Basin
mining
Cairns and the far north could expect an economic boost from
today's announcement by the BHP Billiton Mitsubishi Alliance
(BMA) to source part of its workforce for two new mines from the
region (20 February 2013).
More...
New unit ends self-assessment at BSA
Complaints about the Building Services Authority will now be
handled by a separate unit within the Department of Housing and
Public Works. The new unit will focus on process and staff conduct
issues but will not review technical decisions about building
industry disputes (22 February 2013).
More...
Queensland's major projects boom is
over
The number and scale of major construction projects in Queensland
will fall by more than $7.5 billion over the next four years, a new
report shows. The 2013 Major Projects Report has found the amount
of construction work on major projects will fall from an all-time
high of $18.5 billion in 2012-13 to $10.9 billion in 2016-17 (20
February 2013).
More...
Collinsville Coal Mine to move to owner-operator model
in 2013
The Collinsville Coal Mine joint venture plans to change its
operating model from contractor-operated to owner-operated. The
mine, located in Queensland's Bowen Basin, has suffered
substantial financial losses in 2012/13 (19 February 2013).
More...
Queensland Parliament passes changes to flood
laws
In the first sitting of Queensland's Parliament for the year,
the Newman Government has pushed through changes to the law that
will help flood-affected communities recover as quickly as
possible, introducing the Queensland Reconstruction Authority
Amendment Bill 2013 to Parliament (15 February 2013).
More...
Flood victims urged to use licensed
builders
Master Builders Queensland (MBQ) says flood-hit residents can visit
its website to search for licensed contractors (15 February 2013).
More...
Rainwater tanks no longer necessary
New laws scrapping the requirement for new properties to include
rainwater tanks and energy efficient hot water systems have been
released by the Queensland Government. Under the new laws, Councils
will be able to opt to retain mandatory rainwater tank requirements
where they can prove a net benefit to the community (14 February
2013).
More...
Newman Government approves oil shale
industry
The creation of new jobs and broad economic benefits are expected,
following the Newman Government announcement that it will allow the
development of a commercial oil shale industry in Queensland under
strict environmental conditions (13 February 2013).
More...
Government industry briefing underway for recovery
works
Road and transport infrastructure costing $1.1 billion will form a
pipeline of flood recovery work released to market over the next
five months (13 February 2013).
More...
Published – articles, papers, reports
Survey of Industry Conditions report December
2012
Author: Master Builders Australia
The report investigated the impact on the building industry since
the introduction of the carbon tax in July 2012. The survey tells
us that 36% of respondents have simply absorbed the additional
costs to keep their prices down and remain competitive in such a
tight market (February 2013).
More...
Good faith, unconscionability, reasonableness –
what on earth do they have to do with construction
law
Author: Tomas Kennedy-Grant; Building and Construction Law Journal,
2013, Vol 29, No 1 February
In practice and courts
Consultation - Draft National Harmonised Regulatory
Framework for Coal Seam Gas
Submissions due 28 February on Standing Council on Energy and
Resources- on the Draft National Harmonised Regulatory Framework
for Coal Seam Gas. More...
ABCB National Construction Code 2013 - Information
Seminars
The Australian Building Codes Board is finalising updates to the
2013 National Construction Code (NCC), and as building and plumbing
industry practitioners you need to know what changes are coming
into effect. The NCC takes effect on 1 May 2013 (February 2013).
More...
Building Australia's Future Conference
2013
The Australian Building Codes Board, with Master Plumbers Australia
and the Australian Institute of Building Surveyors, will jointly
deliver the pre-eminent National Construction Industry Conference
of 2013in Brisbane on 13-15 September (Februaqry 2013).
More...
GreenRate Consultation - Living Building Challenge (LBC)
Standard (International)
The objective behind the draft standard is to provide builders with
assurances that products that are certified as meeting the standard
will satisfy LBC requirements from a building materials
perspective. .Comments about the new standard are open until March
8.
More...
NSW: Rules for Coal Seam Gas Activity
A two kilometre buffer will be imposed for CSG activities across
existing residential zones, as well as lands identified for future
residential growth. Critical Industry Clusters identified under the
Strategic Regional Land Use Plans will be excluded from CSG
activities. These exclusion zones will apply to any CSG activity
that has not yet been approved under the EP&A Act or the
Petroleum (Onshore) Act (20 February 2013).
More...
NSW: Dendrobium Coal Mine Project 2013
Underground coal mining over a 21 year period, and construction and
operation of associated surface facilities. Consolidated Consent
(1) Area 3B Subsidence Management Plan(34) Application Number DA
60-03-2001 Determined 20/11/2001.
More...
NSW: Building Professional Board Bulletin - 13 February
2013
Licenses, changes to codes and regulations for NSW practitioners.
More...
QLD: Guidelines for special fire services and referrals
to the QFRS
New guidelines provide building certifiers with guidance on how to
meet their responsibilities for building development applications
requiring referral to the QFRS for advice. The new guidelines are
made under section 258 of the Building Act 1975 (13
February 2013).
More...
QLD: BSA Natural Disaster Repairs
Contract
The BSA Queensland launches a new for homeowners and contractors
click on Publications and Products (February 2013).
More...
Cases
Spinks & Co Pty Ltd v Tomkins Commercial and
Industrial Builders Pty Ltd [2013] FCA 107
CORPORATIONS – statutory demand – application to set
aside a statutory demand – building and construction contract
– prior adjudication given by building industry adjudicator
registered as District Court judgment
Held: no valid offsetting claim by the plaintiff –amount of
the statutory demand should be varied – no other reason why
statutory demand should be set aside
COSTS – whether an order for costs should take into account
the plaintiff's relative success to the variation of the
statutory demand – plaintiff and defendant had both made
concessions prior to the application – defendant enjoyed
success on the principal area of dispute on application
Held: costs awarded to the defendant on the standard basis
Corporations Act 2001 (Cth) ss 459E, 459G, 459H, 459J; Federal
Court Rules 2011 (Cth); Building and Construction Industry Payments
Act 2004 (Qld). More...
Owners Corporation SP 66595 v BS and JH Bailey, Suncorp
Metway Insurance (Home Building) [2013] NSWCTTT
APPLICATION: The homeowners have brought these applications
alleging defective work and breach of statutory warranty in
relation to the construction of their home unit premises
Home Building Act 1989- The preliminary issue for determination in
this decision relates only to the Tribunals jurisdiction arising as
a consequence of the relevant time limitation imposed by Section
18E of the Act.
Held: That the builders application to dismiss the application by
the homeowners on the basis that it is out of time is dismissed. More...
Peri v A1 Civil Formwork Pty Ltd [2013] NSWSC
73
Leave given to plaintiff to discontinue the proceedings against all
defendants.
Second defendant to pay plaintiff's costs of proceedings
against second defendant.
PROCEDURE - discontinuance of proceedings - determination of costs
- principles of proper approach to award of costs where proceedings
discontinued
Building and Construction Industry Security of Payment Act 1999;
Uniform Civil Procedure Rules 2005. More...
Parkview Qld Pty Ltd v Commonwealth Bank of Australia
[2013] NSWSC 79
Defendant not a constructive trustee
TRUSTS - constructive trust - whether retention monies held on
constructive trust by bank- whether bank trustee de son tort -
implied representations
BUILDING CONTRACT - breach of contract - retention
Financial Sector (Business Transfer and Group Restructure) Act 1999
(Cth); Uniform Civil Procedure Rules. More...
Illawarra Hotel Company Pty Ltd v Walton Construction
Pty Ltd [2013] NSWCA 6
CONTRACTS - building engineering and related contracts - variations
- delays - extensions of time - PROCEDURE - proceedings or part
thereof referred to a referee for inquiry and report - function of
court upon motion for adoption of referee's report - function
of appellate court upon appeal from decision on such motion -
consideration of whether sufficient evidentiary basis for various
decisions of judge upon motion for adoption - DAMAGES - breach of
contract - delay in completion of works - appropriate manner of
assessing damages for late completion - INTEREST - pre-judgment
interest - applicable regime for computing interest in the
particular case. More...
Owners SP 69050 v Glenzeil Pty Ltd (Home Building)
[2013] NSWCTTT 17
Home Building Act – Application by Owners Corporation –
Breach of Statutory Warranties – Negligence- Damages –
common property – limitation period for bringing claims. More...
Hyperion Technology Pty Ltd v Queensland Motorways Ltd
[2013] QSC 020
CORPORATIONS – LEGAL CAPACITY AND RELATIONS WITH OUTSIDERS
– EXTERNAL LITIGATION PROCEDURE – COSTS –
SECURITY FOR COSTS – DISCRETION OF COURT – where
plaintiff contended that contract had been repudiated by defendant
– where plaintiff challenged defendant's application for
security for costs order – where plaintiff contended that
defendant's delay caused prejudice – where plaintiff
contended that security for costs order would be oppressive –
where no security offered by plaintiff's shareholders or
creditors - where plaintiff contended that plaintiff's
financial position was caused by defendant's conduct - whether
discretion to order security for costs should be exercised
CORPORATIONS – LEGAL CAPACITY AND RELATIONS WITH OUTSIDERS – EXTERNAL LITIGATION PROCEDURE – COSTS – SECURITY FOR COSTS – QUANTUM AND SUFFICIENCY – where dispute as to quantum of costs – where expert evidence as to costs likely to be incurred relied upon– whether discretion to order security for costs should be exercised. More...
Matthews v SPI Electricity Pty Ltd & Ors and SPI
Electricity Pty Ltd v ACN 060 674 580 & Ors (formerly Utilities
Services Corporation Ltd) [2013] VSC 33
PRACTICE AND PROCEDURE – Discovery and inspection - Client
legal privilege – expert reports disclosed, used and relied
on in pre-trial expert conclaves – express waiver of
privilege in expert reports – production and inspection
resisted of other privileged documents - associated materials
waiver – documents influencing or underpinning expert reports
– whether privileged waived – whether disclosure and
reliance on expert reports at experts conclaves inconsistent with
maintenance of privilege over other materials – timing of any
waiver - ss. 122 (2) and 126 Evidence Act 2008. More...
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.