In the media
Wharf and port sector to face RSRT
scrutiny
Australia's major ports will soon come under scrutiny, after
the Road Safety Remuneration Tribunal (RSRT) announced an inquiry
into the wharf and port sector of the trucking industry. The Road
Safety Remuneration Tribunal will investigate the container
operations at Australia's five main ports (11 February 2015).
More...
Australian Capital Territory energy contract to
interstate wind farms blow to local operators
An inability to work with the wider community is one reason given
for rejecting a number of wind farms in southern New South Wales
vying to supply electricity to the Australian Capital Territory.
Licenses to provide power were granted to two Victorian operations
and one in South Australia (09 February 2015).
More...
SA Establishes Royal Commission for Nuclear
Power
South Australian Premier Jay Weatherill on Sunday (8 February
2015) announced a formal inquiry into the future role of the state
in the nuclear fuel cycle, which will be tasked with considering
options across the full gamut of mining, enrichment, energy and
storage (10 February 2015). More...
Rammed earth houses: Researchers aim to arrest declining
popularity in WA
The popularity of rammed earth construction in Western Australia
is falling due to its poor performance in computerised thermal
assessments, despite the product's well-known insulation
properties, researchers say (09 February 2015).
More...
Contracts to shift with the times
An Australian standard that provides general guidance for legal
contracts in all sectors of industry, including construction,
engineering, health, manufacturing and infrastructure is currently
being revised. Under the proposed revision, the two existing
standards are to be merged into (and superseded by) a new suite of
standards, AS 11000: General conditions of contract (06 February
2015).
More...
Near miss earns engineering firm fine
In a legal first, an engineering company in WA has been fined
$16,000 and $5000 in court costs for failing to design a crane to
the appropriate Australian Standard, causing it to crash to the
ground (06 February 2015).
More...
Home builders gloomy despite record construction
activity
Private research indicates Australia's construction sector
continued to shrink last month, despite continuing record levels of
home building. The Australian Industry Group/Housing Industry
Association Performance of Construction Index improved by 1.5
points to 45.9 in the month (06 February 2015).
More...
Free Online access to National Construction Code (NCC)
commences
A new era begins for the building, construction and plumbing
industries when the National Construction Code (NCC) becomes freely
available online from the 1st of February 2015 (02 February 2015).
More...
New South Wales
Development Industry working with pro-growth Western
Sydney Councils
A forum with eight Western Sydney Councils and representatives of
the major development companies demonstrated a common commitment to
growth, says the Urban Taskforce (12 February 2015).
More...
Council Administration Building achieves Australia's
first 5 Star Green Star – Performance rating
Wollongong City Council's Administration Building has become
the first building in Australia to achieve a 5 Star Green Star
– Performance rating (05 February 2015).
More...
NSW Number One Again for Housing
Approvals
Minister for Planning Pru Goward said Australian Bureau of
Statistics figures released show NSW housing approvals in December
2014 have increased 27 per cent from the previous month, signalling
a positive start to 2015 (03 February 2015).
More...
$1.1 billion Royal North Shore Hospital redevelopment
completed
A new $153 million Clinical Services Building (CSB) at the Royal
North Shore Hospital (RNSH) in Sydney has been completed ahead of
schedule and is now open for patients, completing a $1.1 billion
redevelopment of the hospital (02 February 2015).
More...
Freight rail upgrade commissioned
The final sections of a federally funded $145 million upgrade to
the Port Botany Rail Line in southern Sydney were commissioned over
the holiday period (02 February 2015).
More...
North West Rail Link $300 million under
budget
NSW premier Mike Baird and minister for transport Gladys
Berejiklian announced recently that the North West Rail Link (NWRL)
project in Sydney is running ahead of schedule and is currently
$300 million under budget (02 February 2015).
More...
Queensland
$1 Billion QLD solar power farm produces enough energy
for 550,000 homes
A 200-hectare solar panel farm in South East Queensland will
generate enough electricity to power 550,000 homes says the
project's developer. The approval grants developers Solar
Choice a total footprint of up to 2,000 megawatts (MW) over the
next eight years (12 February 2015).
More...
Victoria
Work Begins on Victoria's Newest
Prison
Work has begun on the new Ravenhall Prison Project. The total
nominal undiscounted cost of construction and operations, including
the cost of mental health services, is $6.3 billion over the
25-year life of the project (12 February 2015).
More...
Stockland's billion dollar bet on outer
Melbourne
Property development company Stockland is set to commence
construction on its largest ever residential development project in
Victoria (02 February 2015).
More...
Published – articles, papers, reports
NHMRC Information Paper: Evidence on Wind Farms and
Human Health
This found no consistent evidence that exposure to wind farm noise
affects human physical or mental health but concluded further high
quality research is warranted. There is some evidence that wind
farm noise is associated with annoyance and parallel evidence
suggests that prolonged annoyance due to noise may result in
stress, which can have adverse effects on human health (11 February
2015). More...
Westpac-Department of Industry and Science China
Resources Quarterly February 2015
The most up-to-date Chinese trade, production and industry data.
More...
Australian Bureau of Statistics
Building Approvals, Australia, Dec 2014 (cat no. 8731.0)
– 03 February 2015.
Practice and courts
Productivity Commission Release: Issues Papers on
Workplace Relations
The issues papers are intended to canvas all the big questions
about Australia's workplace system from employees, employers,
unions, people not in work and others, to give their views about
the best system. The issues paper covers a range of issues on which
the Commission seeks information and feedback. Initial submissions
are due 13 March 2015.
More...
Standards Australia: Draft contract standard available
for comment
Standards Australia is seeking public comment on a draft of the
new Australian Standard AS 11000, which combines general conditions
of contract standards AS 2124 and AS 4000. The public comment
period ends on 27 March 2015.
More...
More...
Projects Queensland launches unsolicited proposals
framework
Projects Queensland has recently developed a range of guidelines,
under which an unsolicited proposal may be considered (12 February
2015). All proposals would also be subject to the Projects
Queensland
Gateway review process for evaluation of a project. More
information can be found in
Appendix 1 of the National Public Private Partnership
Guidelines Annexure 1 – Queensland departures.
More...
QBCC: Smart forms offer speed, choice and
flexibility
Smart forms already online include Monies Owed Complaint forms,
Notification of Offences forms,
Residential/Commercial Construction Work Complaint forms, and
application forms for Internal Review and Adjudication (BCIPA) (05
February 2015). More...
QBCC: Licensee disciplinary action report
This report presents a summary of the disciplinary action taken
against licensees in the previous week.
More...
Cases
Australian Competition and Consumer Commission v
Origin Energy Limited [2015] FCA 55
CONSUMER LAW – Penalty hearing – admitted
contraventions – whether agreed orders sought by the parties
appropriate in the circumstances – pecuniary penalties -
false or misleading representation with respect to the price of
electricity and natural gas - Competition and Consumer Act
2010 (Cth) Sch 2 (Australian Consumer Law) ss 29, 224;
Trade Practices Act 1974 (Cth) ss 76, 76E. More...
General Trade Industries Pty Ltd v AGL Energy
Limited [2014] QSC 319 [released 12/02/15]
GUARANTEE AND INDEMNITY – DISCHARGE OF SURETY –
DISCHARGE OF SURETY BY AGREEMENT – whether deed of release
gave rise to a present entitlement to the return of two guarantees
provided by the applicant to the respondent under a construction
contract. More...
Baldwin & Anor v Icon Energy Ltd & Anor
[2015] QSC 012
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION
OF CONTRACTUAL RELATIONS – MATTERS NOT GIVING RISE TO BINDING
CONTRACT – VAGUENESS AND UNCERTAINTY – UNCERTAIN
PROMISES – where the parties entered into a memorandum of
understanding or deed to facilitate the development a gas supply
agreement – where the parties agreed to use their
"reasonable endeavours to negotiate" – where the
defendants claimed the agreement to negotiate was uncertain and
unenforceable. CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES
– CONSTRUCTION AND INTERPRETATION OF CONTRACTS –
INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS –
where the parties entered into a memorandum of understanding or
deed to facilitate the development a gas supply agreement. More...
Transport Welding Engineering P/L t/as Mansell Heavy
Towing v Heavy Haulage Australia P/L [2015] QDC
006
Contract – oral – disputed terms and certainty –
whether restitutionary remedies available – whether Consumer
Law breached where future matter the subject of the conduct –
whether "reasonable" value of benefit proved. More...
Press Metal Aluminium (Australia) P/L v Total
Concept Group P/L (In Liquidation) & Anor (No 2) [2015]
QDC 004
Costs – whether standard or indemnity – finalising
security for costs. More...
Humphris v Connecteast Nominee Company Pty Ltd and
Anor [2015] VSC 12
PRACTICE AND PROCEDURE – Anshun estoppel: whether plaintiffs
precluded from bringing a proceeding asserting a new cause of
action in relation to the same facts upon which summary judgment
had been granted in a proceeding – Whether unreasonable for
the plaintiffs not to raise new causes of action in prior
proceeding – Relevant considerations where no risk of
conflicting judgments – Relevance of status of plaintiffs as
litigants in person – Abuse of process – Whether new
proceeding a collateral attack on judgments in earlier proceeding
– Order that past costs be paid to alleviate prejudice to
defendants- alleged excessive noise levels emanating from the
Eastlink Freeway and remedial action required. More...
Tahiri & Anor v Castricum Brothers Australia Pty
Ltd [2015] VSC 4
CONTRACT — Implied term — Whether term should be
implied in fact in order to give business efficacy to the contract
— Whether BP Refinery requirements met; BP Refinery
(Westernport) Pty Ltd v Shire of Hastings (1937) 180 CLR 266;
Codelfa Construction Pty Ltd v State Rail Authority (NSW)
[1982] HCA 24; (1982) 149 CLR 337 – rendering equipment. More...
Celsius Fire Services Pty Ltd v CBC Facilities
Maintenance Pty Ltd [2015] VCC 31
Practice and procedure – Summary judgment –
Building and Construction Industry (Security of Payment) Act
2002 (Vic) – Increase in scope of work and fee to be
paid following an audit and completion of "due diligence"
– Whether a claimable variation under the Act. 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.