In the media
National
Drug testing 'important' for construction
safety
The CFMEU's belated commitment to consistent calls for the
acceptance of mandatory drug and alcohol tests on building sites is
welcome but raises questions about the sincerity of the CFMEU in
its call for mandatory testing, according to Master Builders
Australia (27 March 2015).
More...
ACF report: Ten companies directly responsible for third
of Australia's greenhouse gas pollution
Ten energy and mining companies are responsible for nearly a third
of Australia's greenhouse pollution through their production
and use of energy, a new climate change report states. In the list,
seven energy companies have been named by the Australian
Conservation Foundation (ACF) along with three mining enterprises
(27 March 2015).
More...
EnergyAustralia and telemarketer ordered to pay
penalties totalling $1.1 million for misleading
consumers
The Federal Court of Australia has ordered that EnergyAustralia
Pty Ltd (EnergyAustralia) pay penalties of $1 million and that its
former telemarketing company, Bright Choice Australia Pty Ltd
(Bright Choice), pay penalties of $100,000 for contravening the
Australian Consumer Law (ACL) (27 March 2015).
More...
Top polluters to set own limits virtually penalty free,
according to Direct Action policy paper
Australia's 140 top polluters will set their own limits for
future pollution virtually penalty free, according to the
Government's latest Direct Action policy paper (26 March 2015).
More...
Crossbench Support to extend the Compulsory Powers of
the Building Industry Regulator
Master Builders Australia welcomes news of support within the
Senate crossbench for the bill extending the compulsory powers of
Fair Work Building and Construction (FWBC) (26 March 2015).
More...
Industry 'strongly supports' Construction
Industry Amendment Bill 2015
Industry strongly supports the Construction Industry Amendment
(Protecting Witnesses) Bill 2015 which was introduced into
Parliament late yesterday (25 March), Australian Industry Group
Chief Executive Innes Willox has asserted (25 March 2015).
More...
ACCC releases its draft decision on non-price terms and
conditions and fixed line connection charges
From its review of access agreements, the ACCC is concerned that
some commercially negotiated access agreements may include clauses
that could have the effect of entirely excluding the application of
future regulated terms during the life of the agreement (25 March
2015).
More...
ACCC Chairman responds to Fortescue's Andrew
Forrest's calls for iron ore production cap
The ACCC Chairman has called upon Fortescue's Andrew Forrest
to explain his calls for the world's biggest iron ore producers
to work together to put a cap on iron ore production. Cartel
conduct, anti-competitive agreements, price fixing and attempts to
bring about collusive arrangements are very serious matters (25
March 2015).
More...
ACCC guns for Andrew Forrest over call for iron ore
'cartel'
The ACCC is investigating a call by Andrew Forrest for iron ore
producers to drive up the price by capping production, a practice
federal Treasurer Joe Hockey said would be akin to cartel behaviour
(25 March 2015).
More...
Fortescue releases statement on Forrest's iron ore
comments
Fortescue Metals has released a statement relating to Chairman,
Andrew Forrest's, comments relating to capping iron ore
production. In it, reference is made to the provisions of section
51(2)(g) of the Act dealing with goods exclusively exported. The
ACCC has observed that iron ore is not exclusively exported from
Australia (26 March 2015).
More...
More...
MR Tribune Resources Limited corrects errors in tax
accounting
ASIC has welcomed the decision by ASX-listed Tribune Resources
Limited (Tribune) to restate comparative balances in the financial
report for the half year ended 31 December 2014 as a result of
errors in its tax accounting to 30 June 2014 (20 March 2015).
More...
Ticking all the boxes
Changing procurement behaviours, removing inefficiency and
improving strategic collaboration to deliver excellent projects are
core themes of a new checklist being drawn up by government and
industry (20 March 2015). More...
Seven CFMEU officials facing Australia-wide construction
site bans
FWBC has applied to the Fair Work Commission to revoke or suspend
seven CFMEU officials' right of entry permits. This would
prevent them from entering any building and construction sites in
Australia (18 March 2015).
More...
Australia's resources and energy export earnings
projected to increase over medium term
In 2014-15, Australia's mineral and energy commodity export
earnings are forecast to decline by 8 per cent to $179 billion as
higher volumes are more than offset by lower commodity prices,
released today by the Department of Industry and Science (18 March
2015).
More...
MBA: 457 Visa Reforms a Boost for Regional
Builders
The Federal Government has announced wide ranging reforms to the
457 visa program which should make it easier for builders and
contractors in regional and remote areas to engage eligible 457
workers (19 March 2015).
More...
MBA: Building Industry Backs Sensible Reforms To 457
Visa System
The Government's proposed reforms of the 457 visa system will
support a more productive building and construction industry and
more jobs for young Australians (18 March 2015).
More...
First Inland Rail tenders on track
The initial round of tenders for engineering design and
environmental services has been advertised for the Brisbane to
Melbourne Inland Rail project, according to the federal government.
Truss said he had charged the Australian Rail Track Corporation
with developing a 10 year delivery plan for Inland Rail (13 March
2015).
More...
Victoria
Victoria to lead the way on Renewable
Energy
Premier Daniel Andrews today announced changes to wind farm
planning laws, opening Victoria back up to investors in renewable
energy to create more jobs. The changes reduce the household veto
for a proposed wind turbine development from two kilometres to one
kilometre from a dwelling (20 March 2015).
More...
Traffic Noise Reduction Policy Review
The VicRoads Traffic Noise Reduction Policy sets noise levels for
Victoria's freeways and some other major roads. The policy
ensures that the traffic noise from Victoria's freeways is kept
at a reasonable level and that priority to reduce traffic noise
focuses on those locations with the highest noise levels (18 March
2015).
More...
Renovator convicted and fined for building and plumbing
work
The manager of a renovation company has been fined $4500 and
convicted by the Geelong Magistrates' Court following an
investigation by the Victorian Building Authority.(VBA) for
completing plumbing and building work while unlicensed and
unregistered (16 March 2015).
More...
New South Wales
Glencore to close coal mine early
Ivan Glasenberg's Glencore will shut a NSW coal mine earlier
than expected because of strained market and economic conditions.
It says the decision was consistent with the life of mine planning
for the asset (26 March 2015).
More...
UBS faces ASIC scrutiny over privatisation
report
Investment firm UBS is facing scrutiny from ASIC over an altered
report on the NSW government's electricity privatisation plans.
A report, originally titled "Bad for the budget, good for the
state" was later reissued with the title "Good for the
state" (23 March 2015).
More...
Public inquiry into former Mine Subsidence Board
manager
The ICAC will hold a public inquiry commencing on Monday 30 March
2015 as part of an investigation it is conducting into allegations
concerning former Mine Subsidence Board Picton office district
manager, Darren Bullock (Operation Tunic) (19 March 2015).
More...
Investigation into a fatal collision at Ravensworth open
cut mine
The NSW Mine Safety Investigation Unit concluded in its report
that the incident highlighted the importance of having an effective
risk management program in relation to the interaction of light and
heavy vehicles at open cut mines.
More...
More...
Queensland
Traditional owners reject Adani mine
Plans for a $16.5 billion coal mine in Queensland's Galilee
Basin have hit another roadblock after the traditional owners
rejected an indigenous land use agreement (26 March 2015).
More...
Hydro power project planned for disused Kidston gold
mine near Einasleigh in north Qld
A private power company is planning to build Australia's third
largest hydro power generator in an old north Queensland gold mine.
Genex Power has completed a pre-feasibility study for the project,
which would be built in the closed Kidston mine near Einasleigh,
north-west of Townsville (20 March 2015).
More...
More obstacles for $16.5 bn Adani mine
The Indian company is facing a potential knockback from the bank
for a $1 billion loan request for its Queensland coal project while
environmentalists reposition their high court appeal (20 March
2015).
More...
Funding approved for Queensland section of the Outback
Way
The Australian Government has approved $11 million to upgrade
Queensland sections of the Outback Way. The funds will improve
access and flood immunity for outback communities (25 March 2015).
More...
Published – articles, papers, reports
Australia's emissions projections
2014-15
Commonwealth of Australia, 2015. Australia's cumulative
abatement task from 2013 to 2020 has fallen to 236 Mt CO2-e. To
achieve Australia's 2020 target of five percent below 2000
levels, Australia must reduce its emissions by 126 Mt CO2-e in
2019–20 (23 March 2015).
More...
More...
Practice and courts
Act now on Infinity cables
The ACCC is urging the community to get a licensed electrician to
check if degrading Infinity electrical cables are installed in
their homes or businesses, as recent progress reports show that
only 179 premises have so far been rectified and approximately 5
per cent of the supplied cable remediated (26 March 2015).
More...
CER: first Emissions Reduction Fund
auction
The auction will open from 15 April until 16 April 2015, offering
a combined with a two-day bidding window. Bids will be lodged
through AusTender will be notified of the outcome within five
business days of the auction. The Clean Energy Regulator has
decided not to publish the benchmark price.
More...
Four Emissions Reduction Fund methods released for
public consultation
Draft methods on High efficiency commercial appliances, Commercial
and public lighting, Oil and gas fugitives and Refrigeration and
ventilation fan upgrades released for public consultation. Comments
close 14 April 2015 (17 March 2015).
More...
NSW: The Building and Construction Industry Security
of Payment Amendment (Retention Money Trust Account) Regulation
2015 (NSW)
This introduces new requirements for head contractors to hold
retention money under subcontracts in a trust account. The
Regulation commences on 1 May 2015.
NSW Mining Safety Alert: In-service failure of safety
critical steering component
Both front steering hubs on an underground personnel transport
vehicle failed in quick succession on 9 November 2014, with the
vehicle coming to rest and narrowly missing contact with the
roadway wall (18 March 2015).
More...
VIC: Traffic noise reduction
VicRoads is undertaking a review of its Traffic Noise Reduction
Policy. The review seeks to balance economic, environmental and
social needs within the existing infrastructure as well addressing
potential issues in future transport and land use planning. More...
VBA Mail 27 March 2015
VCAT decision provides guidance for building inspectors. Updated
handbook for energy efficiency requirements of the NCC;
Owner-builders have insurance obligations too; Guide to Standards
and Tolerances 2015; Using spreaders to discharge stormwater;
Building to provide access for all. More...
Cases
Construction, Forestry, Mining and Energy Union v Anglo
Coal (Dawson Services) Pty Ltd (No 2) [2015] FCA 265
INDUSTRIAL LAW – termination of employee's employment
– employee president of union at the mine – application
for annual leave over public holiday period refused and employee
subsequently claimed illness and took sick leave on those dates
– employee informed supervisor he would not attend and would
obtain medical certificate to support non-attendance –
supervisor said that false claim of sickness would result in
disciplinary action – whether threat of adverse action
– applicant sought annual leave rather than sick leave to
"help the company's statistics" – employee did
not tell supervisors he was ill at time he sought annual leave
– alleged practice at mine of taking annual leave rather than
sick leave when sick – medical certificate produced by doctor
of employee – whether employee actually sick – who was
decision-maker in respect of decision to terminate – whether
human resources advisers or other staff were decision-makers
– disciplinary action followed Consequences Model which
assisted managers make disciplinary decisions –
identification of real reasons for decision to dismiss employee
– whether contravention of ss 340, 346, 352 Fair Work Act
2009 (Cth) – principles in Board of Bendigo Regional
Institute of Technical and Further Education v Barclay [2012]
HCA 32; (2012) 248 CLR 500 and Construction, Forestry, Mining and
Energy Union v BHP Coal Pty Ltd [2014] HCA 41; (2014) 314 ALR 1
discussed – whether onus under s 361 Fair Work Act 2009 (Cth)
discharged by employer. CONTRACT – whether employee engaged
in serious and wilful misconduct sufficient to terminate contract
of employment – specific performance of employment contracts
– whether exceptional circumstances warranting specific
performance. Fair Work Act 2009 (Cth) ss 340, 342, 342(1), 346,
347, 352, 360, 361, 546. More...
Director of the Fair Work Building Industry
Inspectorate v Construction, Forestry, Mining and Energy Union
[2015] FCA 226
CONTEMPT OF COURT – failure to comply with voluntary
undertaking – considerations relevant to penalty –
whether multiple contraventions should be treated as single
offence. Fair Work Act 2009 (Cth); Fair Work
(Registered Organisations) Act 2009 (Cth). More...
Director of the Fair Work Building Industry
Inspectorate v Construction, Forestry, Mining and Energy Union
[2015] FCA 225
INDUSTRIAL LAW – whether respondents contravened ss 346, 348
and 355 of theFair Work Act 2009 (Cth) – whether
blockading at two construction sites taken with intent to coerce
persons into complying with industrial demands made by the
respondents. PRACTICE AND PROCEDURE – application of s 553 of
the Fair Work Act 2009 (Cth) – where first
respondent the subject of contempt proceedings in Supreme Court of
Victoria. More...
Director of the Fair Work Building Industry
Inspectorate v Construction, Forestry, Mining and Energy Union (No
2) [2015] FCA 199
INDUSTRIAL LAW – whether officials of union engaged in
unlawful coercive conduct contrary to s 348 of the Fair Work
Act 2009 (Cth) (FW Act) – whether officials of union
engaged in improper conduct whilst exercising rights of entry under
FW Act contrary to s 500 of the FW Act – findings of fact
– allegations of Director established. More...
Kingswood Aluminium Pty Ltd v Watpac Construction
(SA) Pty Ltd [2015] FCA 237
The respondent is given leave to review its application for costs
of that interlocutory application on reasonable notice. Note: Entry
of orders is dealt with in Rule 39.32 of the Federal Court Rules
2011. applicant applied ex parte for an injunction against the
respondent to restrain it from calling upon, or from taking any
further steps to demand or obtain payment in respect of, two bank
guarantees both dated 21 June 2013 issued by Australia and New
Zealand Banking Group Ltd, and guaranteeing the applicant's
potential liability to the respondent - sub-contract with the
applicant for the applicant to supply, install and glaze aluminium
windows at the Ibis Hotel. More...
Wollongong Coal Limited v Gujarat NRE India Pty
Ltd [2015] FCA 221
CORPORATIONS – Statutory demand – Accompanying
affidavit verifying debt due and payable – Where accompanying
affidavit pre-dated statutory demand – Whether accompanying
affidavit was defective – Whether there was a defect in the
demand because of an inadequate or incorrect description of the
debt – Whether the inadequate or incorrect description of the
debt caused substantial injustice or gave rise to some other reason
for setting aside the demand – Whether there was a genuine
dispute as to the existence of the debt – Whether statutory
demand should be set aside – Corporations Act 2001
(Cth), ss 9, 459E, 459G, 459H, 459J. More...
Sollazzo v Commissioner of Fair Trading [2015]
NSWCATOD 20
Supervisor licence application – experience - general
building work – "otherwise lawfully engaged".
More...
Lameh Mourad v Omar Aly [2015] NSWCATAP
49
That the appellant be granted an extension of time pursuant to s
41 of the NCAT Act to bring this appeal. The appeal be allowed.
Appeal – extension of time to bring appeal – failure to
attend hearing and to comply with directions – adequacy of
medical certificate – challenged decision failing to disclose
reasons - Home Building Act 1999 (NSW).
More...
Kurmond Homes Pty Ltd v Spiteri [2015] NSWCATAP
48
Appeal - Civil and Administrative Tribunal – costs –
special circumstances – costs ordered in a fixed amount.
More...
Gold & Copper Resources Pty Limited v The Hon
Chris Hartcher, Minister for Resources & Energy, Special
Minister [2015] NSWCA 57
ADMINISTRATIVE LAW – renewal of exploration licence under
the Mining Act 1992 – where application for renewal
was submitted on time – where new front page of application
was submitted out of time ADMINISTRATIVE LAW – whether
sending of new first page constitutes withdrawal or final disposal
of original application under the Mining Act 1992 –
whether new first page constitutes new application STATUTORY
CONSTRUCTION – meaning of "finally disposed of" in
ss 117 and 131 of the Mining Act 1992 – whether
application may be withdrawn otherwise than pursuant to s 130 of
the Mining Act 1992 – overall scheme of the
Mining Act 1992 Appeal dismissed.
More...
Nazero Group Pty Limited v Top Quality Construction
Pty Limited [2015] NSWSC 232
BUILDING AND CONSTRUCTION – Building and Construction
Industry Security of Payment Act 1999 (the Act) – s
25(4)(b) of the Act requires a person who commences proceedings to
have a judgment based on an adjudication certificate set aside to
pay into Court as security the unpaid portion of the adjudicated
amount – where a person commences proceedings seeking to
challenge an adjudication where there is no judgment –
whether an order should be made requiring the person to pay money
into Court – approach to be taken HELD: In the present
circumstances the amount should be paid into Court pending the
challenge. The proceedings be stayed unless the plaintiff pays into
Court the unpaid portion of the adjudicated amount.
More...
Mineral Resources Engineering Services Pty Ltd as
Trustee for the Meakin Investment Trust v Commonwealth Bank of
Australia; Hay v Commonwealth Bank of Australia [2015] QSC
062
LIMITATION OF ACTIONS – GENERAL MATTERS – AMENDMENT OF
ORIGINATING PROCESSES AND PLEADINGS OUTSIDE LIMITATION PERIOD
– AMENDMENTS INTRODUCING NEW CAUSE OF ACTION OR
PARTICULARISING CAUSE OF ACTION – where the defendant applied
for the disallowance of certain amendments to each plaintiff's
statement of claim – where the plaintiffs pleaded, inter
alia, that the bank engaged in unconscionable conduct, in
contravention of the Australian Securities and Investments
Commission Act 2001 or the Trade Practices Act 1974, and also
in also in equity – whether certain amendments contained in
each amended statement of claim raised new causes of action which
were by then time barred – whether amendments to the
pleadings fell within r 376(4) of the UCPR – whether parts of
the amended pleadings were obscure and failed to inform the
defendant of the plaintiff's case. PROCEDURE – SUPREME
COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM
CIVIL PROCEDURE RULES AND PREDECESSORS – AMENDMENT –
where the defendant applied for the disallowance of certain
amendments to each plaintiff's statement of claim – where
the plaintiffs pleaded, inter alia, that the bank engaged in
unconscionable conduct, in contravention of the ASIC Act or the
TPA, and also in also in equity – whether certain amendments
contained in each amended statement of claim raised new causes of
action which were by then time barred – whether amendments to
the pleadings fell within r 376(4) of the UCPR – whether
parts of the amended pleadings were obscure and failed to inform
the defendant of the plaintiff's case. PROCEDURE –
SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER
UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – PLEADING
– STATEMENT OF CLAIM – whether certain amendments
contained in each amended statement of claim raised new causes of
action which were time barred – whether amendments to the
pleadings fell within r 376(4) of the UCPR – whether parts of
the amended pleadings were obscure and failed to inform the
defendant of the plaintiff's case. TRADE AND COMMERCE –
COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION
– ENFORCEMENT AND REMEDIES – ACTIONS FOR DAMAGES
– LIMITATION PERIOD – WHEN CAUSE OF ACTION ACCRUES
– where the plaintiffs pleaded, inter alia, that the bank
engaged in unconscionable conduct, in contravention of the
Australian Securities and Investments Commission Act 2001
or the Trade Practices Act 1974, and also in also in
equity – whether certain amendments contained in each amended
statement of claim raised new causes of action which were by then
time barred. More...
Etro Metroplex on Gateway v Broad Construction
Services (Qld) Pty Ltd & Ors [2015] QDC 062
PROCEDURE – Queensland – Cause of Action –
Application for Summary Judgment under r 293 UCPR. PROCEDURE
– Queensland – Cause of Action – Application to
Strike Out Pleading under r 171 UCPR. By these proceedings, the
plaintiff (Etro), the body corporate for a community titles Scheme
known as the Etro Metroplex on Gateway (Etro Metroplex), seeks to
recover the cost of rectifying what it says are defects in the
construction of the common property of the scheme. More...
Lin v Maboudi t/as Vakuke Pty Ltd [2015] QCAT
079
DOMESTIC BUILDING DISPUTE – claim for refund of moneys paid
– withdrawal by homeowner from contract – builder's
licence suspended at time 'contract' signed – whether
contract formed. COSTS – exercise of broad general
discretion. Smith Developments Pty Ltd v Maybrey Pty Ltd and
Ors [2012] QCAT 234 Cascol Constructions Pty Ltd v
Blanchard and Anor [2013] QCAT 270 Cook's Construction P/L
v SFS 007.298.633 P/L (formerly trading as Stork Food Systems
Australasia P/L) [2009] QCA 75 Lyons v Dreamstarter Pty
Ltd [2011] QCATA 142. More...
Prosser v Kimama Holdings Pty Ltd T/A Visual
Diversity Homes [2015] QCAT 077
BUILDING MATTERS - regulated contract – variation –
failure to make variation in writing – repudiation of
contract – breach of contract – termination of contract
by commencement of proceedings - determination of ambiguities
between specifications and drawings - practical completion -
certification – unsigned Form 21 – defects –
assessment of damages – calculation of cost of rental
premises as basis of assessment – owner excluded from
occupation in breach of contract. Allaro Homes Cairns Pty Ltd v
O'Reilly & Anor [2012] QCA 286 Better Homes
Queensland Pty Ltd v O'Reilly & Anor [2012] QCATA 37.
More...
Gladstone Area Water Board & Anor v AJ Lucas
Operations Pty Ltd [2015] QSC 052
PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW
THE EVENT – COSTS OF ISSUES – where the plaintiff was
successful on its claims at trial – where the defendant was
successful on part of its counterclaim at trial – whether the
plaintiffs' costs should be fixed – whether the
plaintiffs should pay 50 per cent of the defendant's costs. More...
Barry & Anor v Queensland Building and
Construction Commission [2015] QSC 050
PROFESSIONS AND TRADES – BUILDERS – STATUTORY POWER TO
REQUIRE RECTIFICATION OF DEFECTIVE OR INCOMPLETE BUILDING WORK
– where the second applicant was contracted to construct an
outdoor deck and extension to an existing deck – where the
majority of building work was completed on 18 December 2007,
further building work was completed on 21 May 2008 and the final
inspection certificate of the building work was issued on 26 August
2008 – where a direction was issued by the respondent to the
second applicant to rectify defective or incomplete building work
on 22 August 2014 – where the direction was required to be
given within 6 years and 3 months after the "building work to
which the direction relates" was completed pursuant to s 72(8)
of the Queensland Building Construction Commission Act
1991 (Qld) – whether a direction issued outside 6 years
and 3 months is invalid – whether the relevant date for s
72(8) should be identified by reference to the completion date of
the defective work identified in the direction or the completion
date of the whole of the building work, including the issuing of a
final inspection certificate. More...
Contract Constructions Pty Ltd v Bartlett
[2015] QCAT 072
COSTS – where partial success at hearing – whether the
broad general discretion to award costs should be exercised.
Contrast Constructions Pty Ltd v Bartlett [2013] QCAT 322
Contrast Constructions Pty Ltd v Bartlett [2013] QCAT 399
Contrast Constructions Pty Ltd v Bartlett [2014] QCATA 262
Lyons v Dreamstarter Pty Ltd [2011] QCATA 142, cited
Queensland Building Services Authority v Johnston [2011]
QCATA 265, cited Ralacom Pty Ltd v Body Corporate for Paradise
Island Apartments (No 2) [2010] QCAT 412, cited Tamawood
Ltd & Anor v Paans [2005] QCA 111, cited. More...
JM Kelly (Project Builders) Pty Ltd v Queensland
Building Services Authority [2015] QCAT 066
Whether defective building work – whether applicants carried
out defective building work – whether directions to rectify
should issue – whether it would be unfair to give a
direction. R v His Honour Judge Miller [1987] 2 QR 446
Imperial Homes (Queensland) Pty Ltd v Queensland Building and
Construction Commission [2014] QCAT 42 Baulderstone
Hornibrook Pty Ltd v Beneficial Finance Corporation Ltd [1998]
QCA 351 Builders Licensing Board v Superway Constructions (Syd)
Pty Ltd [1975] CLR 616 L.S. v Mental Health Review
Board [2013] WASCA 128. R v His
Honour Judge Miller...
Gonzalez & Anor v Commissioner of State
Revenue [2015] QCAT 065
GENERAL ADMINISTRATIVE REVIEW – FIRST HOME OWNER GRANT
– whether 'eligible transaction' – whether
'new home' – whether property 'sold as a place of
residence' – where property previously transferred from
original developer to subsequent developer – where test for
'sold as a place of residence' is objective and does not
depend on parties' acts and intentions – where purpose of
property was multi-unit dwelling – where policy intent of
Parliament is to benefit buyers of new homes and boost housing
construction sector – where policy intent achieved in first
transfer from original developer to subsequent developer –
ESTOPPEL – where incumbent upon applicant for grant to
provide correct information to Commissioner. More...
Jarvis v Queensland Building and Construction
Commission [2014] QCAT 693
GENERAL ADMINISTRATIVE REVIEW – review of Queensland
Building and Construction Commission decision to issue Direction to
Rectify – where builder claims it was unreasonable to issue
direction – decision confirmed. More...
Metricon Homes Pty Ltd v Hooper [2015] VSC 110 JUDICIAL REVIEW – Section 148(1) Victorian Civil and Administrative Tribunal Act 1998 (Vic) (VCAT Act) – Questions of law – Factual findings and inferences not open to Tribunal – Factual findings unreasonable – Wednesbury unreasonableness – Tribunal's obligations to act fairly (s 97 VCAT Act), to afford natural justice (s 98(1) VCAT Act), to provide a reasonable opportunity to call or give evidence (s 102(1)(a) and (b) VCAT Act) – Incorrect application of the Building Code of Australia 2006 (BCA) – Scheme of the BCA – Options to satisfy BCA Performance Requirements – Provisions of AS 2870 – Tribunal's errors in determining damages – Notice of contention – Tribunal's errors in construing the building contract. More...
McNiece v Vella (Building and Property) [2015]
VCAT 271
Domestic Building Dispute – s.75 of the Victorian Civil
and Administrative Tribunal Act 1998 – application to
dismiss or strike out proceeding, application to amend application
under s.127 of the VCAT Act, by substituting respondent;
application to join party under s.60 of the VCAT Act. More...
Havaylar v Cagilgan [2015] VSC
91
CONTRACTS — Set-off — Appeal from decision of
Victorian Civil and Administrative Tribunal — Fixed price
contract for painting work — Cost of rectification exceeding
contract price — Tribunal member awarding painter difference
between cost of rectification and fair and reasonable contract
price — Error of law. More...
Karagiozakis v Karagiozakis No 2 (costs) (Building
and Property) [2015] VCAT 239
CO-OWNERSHIP – Part IV of the Property Law Act 1958
– Costs – s 112 and s 109 of the Victorian Civil
and Administrative Tribunal Act 1998; whether costs of the
proceeding are to be taken into account in determining how the
proceeds of sale are to be distributed; whether enhanced costs
order should be made. More...
Reasonda v Mardel Developments (Aust) Pty Ltd
(Building and Property) [2015] VCAT 231
Domestic Building Contracts Act 1995 – s.8
warranties – defective work – evidence –
assessment of cost of rectification. Order that the Second
Respondent pay to the Applicants $98,684.10. More...
Other
CONSTRUCTION OCCUPATIONS REGISTRAR v B&T
CONSTRUCTIONS (ACT) PTY LTD & ORS (Occupational
Discipline) [2015] ACAT 24
OCCUPATIONAL DISCIPLINE – construction -
occupation-builder's licence - Construction Occupations
(Licensing) Act 2004 – disciplinary proceedings sections
55 and 56 – rectification order - whether consent orders
valid - role of certifier in overseeing rectification work. ACT
Civil and Administrative Tribunal Act 2008 (ACT) ss 66;
Building Act 1972;Building Act 2004 ss 42, 49.
Construction Occupations (Licensing) Act 2004 ss 6, 20,
26, 28, 33-47, 55, 56. More...
Legislation
Commonwealth
Construction Industry Amendment (Protecting Witnesses)
Bill 2015
Amends the Fair Work (Building Industry) Act 2012 (Fair
Work (Building Industry) Act) to extend the period during which the
Director of the Fair Work Building Industry Inspectorate can apply
to a nominated Administrative Appeals Tribunal presidential member
for an examination notice by a further two years. (Registered 26
March 2015; Introduced Senate 25 March 2015). More...
Fair Work (Registered Organisations) Amendment Bill
2014
The Fair Work (Registered Organisations) Amendment Bill 2014 (the
Bill) will amend the Fair Work (Registered Organisations) Act
2009 (RO Act) and the Fair Work Act 2009 to ensure
better governance of registered organisations (Registered 23 March
2015; Introduced Senate 19 March 2015).
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.
