In the media
Changes to the National Construction Code could lead to more cost-effective and safer buildings Building Ministers representing the Commonwealth, State and Territory Governments have signed off on a scheme to improve the National Construction Code. The Code contains the technical building and plumbing standards for the design and construction of all buildings and plumbing systems in Australia (11 December 2013). More...
Master Builders backs call for tougher industry
watchdog
The Senate Education and Employment Committee's Report on the
Government's draft legislation to re-establish the ABCC found
that the Australian community has a direct interest in the rule of
law being applied on building and construction sites (11 December
2013).
More...
Report: scope to fix regulatory framework for major
projects
There is substantial scope to improve Australia's development
assessment and approval regulatory framework for major projects,
according to a report by the Productivity Commission. The
Commission proposes limits on the use of 'stop-the-clock'
provisions; separation of regulators from policy institutions;
limits on merit review of non-Ministerial decisions; and better
access for third parties to enforce conditions on approvals (10
December 2013).
More...
NSW
North West Rail Link contract proposals
revealed
The Minister for Transport has announced a major milestone has
been reached on the $8.3 billion North West Rail Link with two
proposals formally received for the contract to operate the new
rail line. The two consortia, made up of almost 30 companies, are
Northwest Rapid Transit; and TransForm (10 December 2013).
More...
Queensland
Games Village moves a step closer
The Newman Government has taken the next step towards delivery of
the Commonwealth Games Village on the Gold Coast with the
announcement of Grocon as the preferred developer (13 December
2013).
More...
Government to seek private sector infrastructure
investment
The Newman Government announces it will investigate private sector
infrastructure funding for state-owned electricity transmission and
distribution businesses. The government will engage an investment
bank to undertake a market sounding in relation to a hybrid
security instrument called a non-share equity interest (NSEI) (12
December 2013).
More...
Abbot Point and Curtis Island projects
approved
Environment Minister has completed the approvals process for four
Queensland projects under National Environmental Law. Approved are:
the capital dredging program for the proposed Terminals 0, 2 and 3
at the Port of Abbot Point, the Adani T0 project at Abbot Point,
the Arrow Liquefied Natural Gas Facility on Curtis Island, the
Arrow Gas Transmission Pipeline to Curtis Island (10 December
2013).
More...
Victoria
Extension of tender granted to energy
companies
The Victorian Coalition Government has extended the deadline on
its mammoth $85 million tender to supply natural gas to country
towns, following requests from energy companies keen to put forward
sophisticated proposals (13 December 2013).
More...
Coalition Government to act on unlawful pickets and
blockades
New move-on laws being brought into Parliament by the Victorian
Coalition Government today will give Victoria Police the power to
end unlawful union pickets and protester blockades that threaten to
shut down businesses (12 December 2013).
More...
In practice and courts
Infrastructure Priority List December 2013:
Infrastructure Australia
The Infrastructure Priority List is developed to identify projects
of national significance; ensure the nation's key
infrastructure-related challenges are being addressed; inform
governments of the highest priority projects; and prioritise access
to the Infrastructure Tax Loss Incentive. The priority list will
now be updated in March, July and December each year.
More...
National Construction Code 2014 information seminars -
register now
The Australian Building Codes Board (ABCB) will be running
information seminars about changes to the 2014 National
Construction Code from February 2014. More...
New Construction standards
AS 1657-2013
Fixed platforms, walkways, stairways and ladders - Design,
construction and installation. Click for product information (10
December 2013).
More...
VIC: WorkSafe Safety Soapbox
Since the last edition (November 19), there have been 65 incidents
serious enough to be reported to WorkSafe Victoria from the
construction, utility, quarrying and mining industries, including
19 lacerations, nine fractures and seven electric shocks. The list
can be downloaded from the Safety Soapbox
for more information (December 2013).
Cases
Parkview Qld Pty Ltd v Commonwealth Bank of Australia
[2013] NSWCA 422
EQUITY - trusts and trustees - where retention moneys under a
building and construction contract were to be held on trust - where
retention moneys not separately retained - whether financier is
constructive trustee of retention moneys - whether financier is
trustee de son tort - whether failure to set aside retention moneys
meant that no relevant trust assets or equitable obligations
existed
EQUITY - trust and trustees - maxims - equity regards as done that which ought be done
Building and Construction Industry Payment Act (Qld); Uniform Civil Procedure Rules 2005 (NSW). More...
Queensland Building Services Authority v GPH Projects
Pty Ltd [2013] QCAT 610
Exceeding Annual Allowable Turnover – penalty- isolated
breach – insight – proportionality
Queensland Building Services Authority v Alternate Dwellings Pty Ltd [2011] QCAT 460 Queensland Building Services Authority v Battaglia Pty Ltd [2012] QCAT 3 Queensland Building Services Authority v Bellero Constructions Pty Ltd [2004] QCCTB 60 Queensland Building Services Authority v Built Qld Pty Ltd [2005] QCCTB 152 Queensland Building Services Authority v C-View Windows Pty Ltd [2011] QCAT 211 Queensland Building Services Authority v Classic Brick & Block Pty Ltd [2011] QCAT 130 Queensland Building Services Authority v Coastal Interior Linings Pty Ltd [2010] QCAT 165 Queensland Building Services Authority v Fisher Builders Pty Ltd [2013] QCAT 431 Queensland Building Services Authority v Gartess Pty Ltd [2011] QCAT 42 Queensland Building Services Authority v Geocal Constructions Pty Ltd [2010] QCAT 460 Queensland Building Services Authority v Grasstree Landscaping Design Pty Ltd [2010] QCAT 89 Queensland Building Services Authority v James L. Williams Pty Ltd [2004] QCCTB 106 Queensland Building Services Authority v Janda Commercial Pty Ltd [2009] QCCTB 241 Queensland Building Services Authority v M & R Hudson Plumbing Pty Ltd [2010] QCAT 623 Queensland Building Services Authority v Mainbrace Constructions (NSW) Pty Ltd [2011] QCAT 93 Queensland Building Services Authority v McLucas Pty Ltd [2005] QCCTB 111 Queensland Building Services Authority v Mine-Con Plumbing Pty Ltd [2009] QCAT 32 Queensland Building Services Authority v Northstar Plumbing Pty Ltd [2009] QCAT 33 Queensland Building Services Authority v Peninsula Construction Group (Qld) Pty Ltd [2009] QCAT 26 Queensland Building Services Authority v Phoenix Constructions (Qld) Pty Ltd [2010] QCAT 542 Queensland Building Services Authority v Project Coordination (Australia) Pty Ltd [2004] QCCTB 61 Queensland Building Services Authority v Silverback Constructions Pty Ltd [2013] QCAT 222 Queensland Building Services Authority v Todd's Plumbing Pty Ltd [2011] QCAT 622 Queensland Building Services Authority v Uniport Australia Pty Ltd [2009] QCAT 33. More...
Hodges v Queensland Building Services Authority [2013]
QCAT 576
GENERAL ADMINISTRATIVE REVIEW- QUEENSLAND BUILDING SERVICES
AUTHORITY-STATUTORY INSURANCE SCHEME- where homeowners claim
incomplete building work- where policy provides for claim under
insurance scheme- where insured has properly terminated the
contract- where inconsistency in contract about
construction/completion period- whether homeowners validly
terminated contract- whether builder validly terminated
contract-whether extrinsic evidence relevant Amalgamated Television
Services Pty Ltd v Television Corporation Limited (1969)123 CLR
648. Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451. Allen v
Carbone (1975) 132 CLR 528. Gordon v MacGregor (1909) 8 CLR 316.
Prenn v Simmonds [1971] 1 WLR 1381. James Miller & Partners Ltd
v Whitworth Street Estates (Manchester) Limited [1970] AC 583
Codelfa Construction Pty Ltd v State Rail Authority of New South
Wales (1982) 149 CLR 337 Amann Aviation Pty Ltd v Commonwealth
(1988) 100 ALR 267 Foran v Wight (1989) 168 CLR 385. Ogle v
Comboyoro Investments Pty Ltd (1976) CLR 444 Sargent v ASL
Developments Ltd (1974) 131 CLR 634 Chelbrooke Homes Pty Ltd v
Russell [2011] QCAT 286. 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.
