In the media
National
MBA: Construction industry on a high
Productivity is high across the construction sector compared
with other industries, particularly in the heavy and civil
engineering sub-industries, research from The Australia Institute
shows. In a report released, the Institute said the industry
achieves a level of profitability disproportionate to its
capital intensity (27 August 2014).
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Six Construction Trades in Short Supply
As the housing boom kicks into gear, as many as six trades within
the home building sector in Australia are in national shortage, a
new report warns (26 August 2014). More...
Criminal charges loom in phoenix scams probe on big
construction projects
The tax office, the Australian Securities and Investments
Commission and the Fair Work Building and Construction inspectorate
are co-operating on the problem of contractors sending their
companies into liquidation to avoid debts to employees, the tax
office and others (24 August 2014).
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Victoria
Victorian building boom continues; Napthine Government
claims credit
Victoria's Planning Minister, Matthew Guy says the state is in
the midst of a building boom and believes it is showing no sign of
abating, referring to the recent 2014 June Quarter Australian
Bureau of Statistics (ABS) before attributing the boom to his
government's policies on zone reforms in both residential and
commercial areas (28 August 2014).
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Experts on board to help drive value for money in
Victorian infrastructure
Victoria's leading infrastructure projects continue to gain
momentum, with commercial and financial advisers appointed for the
western section of East West Link and the Melbourne Rail Link (21
August 2014).
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New South Wales
More downward pressure on power prices more capacity to
rebuild NSW
The NSW Government has agreed to divest the asset, which will take
liabilities off the state's balance sheet and raise more than
$700 million to go into 'Restart NSW' which funds major
Infrastructure projects across NSW (20 August 2014).
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Queensland
Advisory services engaged for proposed asset transaction
program
The State Government has engaged a number of specialist and
strategic consultants (commercial, accounting, legal) to provide
advisory services in relation to the proposed asset transaction
program outlined in the Strongest and Smartest Choice campaign.
These advisors will start work immediately under the direction of
Queensland Treasury Corporation (QTC) (29 August 2014).
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Deep gas to create jobs for the regions
Natural Resources and Mines Minister has released a report which
outlines the opportunities for developing Queensland's next
generation of deep gas and oil projects. The framework contains 12
recommendations to be implemented, including a review of tenure
arrangements for the industry, and improving geo-scientific
knowledge of deep gas and oil reserves 28 August 2014).
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Recommendation for developing a Cooper Basin Industry
Development Strategy
The Cooper Basin Industry Development Strategy provide a long-term
view of how all resource projects in this area can operate
collaboratively in a way that's best for the local community
and economically viable (28 August 2014). More...
New report underlines strength of Queensland
economy
The Deloitte Queensland Index finds the state economy is
effectively moving from a resources investment phase to a
production phase (22 August 2014).
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North Burnett stronger than ever
The signature project of the Queensland Government's
Betterment Fund to improve the resilience of flood-prone
infrastructure has been officially commissioned in Gayndah,
signalling an end to replacing damaged infrastructure to the same
standard (20 August 2014).
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Published – articles, papers, reports
Productivity in the construction industry
Author: David Richardson, The Australia Institute
This paper examines productivity in the construction industry, in
terms of both how productive construction is now as well as how
productivity growth has performed over time (26 August 2014).
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Construction Work Done, Australia, Preliminary, Jun 2014
(cat no. 8755.0)
Author: ABS: 27 August 2014
Construction Work Done, Australia, Preliminary, Jun 2014.
The effect of the mining boom on the Australian
economy
Peter Downes, Kevin Hanslow, Peter Tulip, Reserve Bank of
Australia
The mining boom boosted real per capita household disposable
income by 13 per cent by 2013, according to this paper (22 August
2014).
More...
Keynote Address at the Future of Infrastructure
Conference: Infrastructure under a new Australian
Government
The address delivered by Jamie Briggs, Assistant Minister for
Infrastructure and Regional Development, 19 August 2014.
More...
Practice and courts
Major Projects Conference 2014,18 September, Brisbane
Convention Centre
The conference will provide insights about current and future
infrastructure projects that are under study, committed or under
construction, discussing industry trends and outlining government
initiatives. More...
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Construction App: CivilWorks 2014
The app is designed specifically for the performance of on-site
calculations, providing a set of formulas for sewer mains and
drainage calculations, civil engineering calculations, and road and
civil construction calculations.
More...
Major Projects App: public and private sector
2014
This interactive online application gives you useful information
into major projects in the public sector and private industry.
Included in the App, are projects valued at $100 million or more,
that are under study, committed, under construction or completed
(prior November 2013).
More...
QLD: Asbestos transport and disposal
To protect the community and ensure waste is handled responsibly,
regulated waste transport laws apply for transporting asbestos,
lead acid batteries, and anything that contains residues of these
waste types. The department has developed
guidance material for these waste types to ensure the
environmental obligations are clear. Note that Environmental
Authorities are separate to the
Class A and Class B asbestos removal licences issued under the
Work Health and Safety Regulation 2011 that businesses require to
remove asbestos.
QLD: Code of practice – concrete
batching
The
Concrete batching industry code of practice took effect on 8
August 2014. The code was developed collaboratively by Cement
Concrete and Aggregates Australia, Local Government Association of
Queensland and the Queensland Government. The code sets out how
operators can meet the general environmental duty for this
industry. Expires 7 August 2021.
VIC: Amendment to Schedule 5 of the Building Regulations
2006
New regulations have been made that amend
Schedule 5 of the Building Regulations 2006. The amendment
references a number of council Planning Schemes and the new
residential zones in Schedule 5 of the Regulations (19 August
2014).
More...
Cases
BlueScope Steel Limited v Gram Engineering Pty
Ltd [2014] FCAFC 107
DESIGNS – scope of the monopoly – construction of the
design – whether design is new or original. DESIGNS –
infringement – whether fraudulent or obvious imitation
– principles of fraudulent imitation – whether evidence
of deliberate copying required. More...
Vassallo Constructions Pty Ltd v Andergrove Lakes
Pty Ltd [2014] FCA 862
PRACTICE AND PROCEDURE – Summary judgment – Where
contract alleged to have been made and repudiated – Where
same conduct alleged to be misleading or deceptive – Whether
no reasonable prospect of success in establishing claims. PRACTICE
AND PROCEDURE – Leave to amend – Where party responding
to application for summary judgment sought leave to amend statement
of claim – Where proposed amendment alleged to have no
reasonable prospect of success if granted – Whether
application of test for summary judgment to application for leave
to amend appropriate – Whether proposed amendments had no
reasonable prospect of success- leave to amend refused. More...
Haddad v Allianz Australia Insurance Ltd [2014]
NSWDC 132
Verdict and judgment in favour of the plaintiff. Civil Law -
Contract - home insurance policy - insurance company denied claim -
whether insurance company liable - extensive pleadings - insurance
company unilaterally cancelled contract - breach s 63(1) of the
Insurance Contracts Act and the insurance policy - relief sought
(damages) not barred by s 15 of the Insurance Contracts Act - no
evidence of unconscionable conduct - representations - objective
test - policy conditions not misleading and deceptive - continued
dealing with plaintiff misleading - breached s 18 of the Australian
Consumer Law - estoppel - no basis for conventional or promissory
estoppel - question of quantum separated. Competition and
Consumer Act 2010 (Cth), sch 2, ss 20, 21, 22, Credit Act
1984 (Vic), Insurance Contracts Act 1984 (NSW) ss 15,
58, 59, 60, 63. More...
Eco Steel Homes Pty Ltd v Hippo's Concreting Pty
Ltd & Ors [2014] QSC 135
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT
CLAIMS – where the applicant seeks a declaration that the
adjudicator's decision is void for jurisdictional error –
where the applicant contends that the payment claims did not comply
with s 17 of the Building and Construction Industry Payments Act
2004 (Qld) ("BCIPA") – where the applicant contends
that prior proceedings instituted by the first respondent in the
Magistrates Court prevent the first respondent from having recourse
to the adjudication process under BCIPA – where the applicant
contends that it did not enter into contractual agreement with the
first respondent – whether for these reasons the
adjudicator's decision is void for jurisdictional error. More...
CMF Projects Pty Ltd v Masic Pty Ltd & Ors
[2014] QSC 209
COMMUNICATIONS LAW – POSTAL SERVICES – NON-DELIVERY OR
ERRONEOUS DELIVERY – where the applicant seeks a declaration
that the adjudicator's decision is void – where the
adjudicator did not consider the applicant's "adjudication
response" – where the adjudicator excluded the
"adjudication response" from consideration as it was not
received within the required time limits of s 24 of the
Building and Construction Industry Payments Act 2004 (Qld)
– where the applicant contends that its "adjudication
response" was in time, due to the way in which the
"notice of an adjudicator's acceptance of the
application" was served on the applicant – whether the
"adjudication response" conformed with the requirements
of s 24 and consequently the adjudicator's decision is void for
not taking the "adjudication response" into
consideration. More...
Kaycee Trucking Pty Ltd v M and C Rogers Transport
Pty Ltd & Ors [2014] QSC 185
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PROGRESS PAYMENTS – PAYMENT CLAIMS –
whether the Payment Claim was validly made – whether the
Payment Claim was made under a relevant construction contract
– whether the Adjudication Application sought adjudication of
a claim under a relevant construction contract – whether the
Payment Claim related to more than one construction contract. More...
Focus Metals Pty Ltd v Babicci & Anor
[2014] VSC 380
Restitution – Money paid under mistake – Mistake of
fact – Right to recover – Unjust enrichment –
Money had and received – Constructive trust – Requisite
knowledge required of a payee who is paid by mistake –
Defences of "No Mistake" and "Change of
position". More...
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.