In the media
Major building firm in court for allegedly
discriminating against subcontractor
A tiling company who had a legal enterprise agreement
(EBA) registered with the Fair Work Commission was refused a
contract with a Queensland construction company because the
agreement was not endorsed by the CFMEU, according to a claim
lodged in the Federal Circuit Court (25 February 2016).
More...
Actions to be taken on Fire Safety in High Rise
Buildings
At the Building Ministers' Forum (BMF) of 19 February
2016, Ministers agreed to work cooperatively to implement a range
of measures to address safety issues associated with high risk
building products, specifically associated with cladding used in
high rise buildings (24 February 2016).
More...
Victoria
Jobs Boost From $400 Million Longford Pipeline
Project
The Minister for Energy and Resources Lily turned the
first sod on Esso Australia's $400 million Longford pipeline
replacement project at Rosedale, near Sale. The project will create
around 500 construction jobs (17 February 2016). More...
VBA Releases External Wall Cladding Audit Report
The Victorian Building Authority (VBA) External Wall
Cladding Audit has found Melburnians can continue to have
confidence in the safety of the buildings they live in and use but
that non-compliance in the use of external wall cladding materials
is unacceptably high (17 February 2016). More...
New South Wales
Delivering more social housing
The plan to deliver an estimated $2.5 billion of new
social, private and affordable housing and housing infrastructure
to the heart of Sydney's West has begun (26 February
2016). More...
Delta Constructions Prosecuted
Parramatta Local Court convicted Delta Constructions
Australia Pty Ltd for not providing a certificate of insurance
despite having received payment of $10,000, and not providing the
consumers with a written contract that complied with the Home
Building Act 1989. Further, the building contract presented to the
consumers did not comply with the requirements set out in the Act
(19 February 2016). More...
Queensland
Collaborative national approach to improving building
safety standards
Building ministers from across the country have
established a national response to restricting the use of
non-conforming building products. Further work will continue with
the Australian Building Codes Board to review the National
Construction Code related to high risk building products (25
February 2016).
More...
Queensland housing construction on the rise
Construction of new houses in Queensland grew by almost
23 per cent over the year to December quarter 2015, reflecting
stronger confidence in the state's economy under the Palaszczuk
Government, Treasurer Curtis Pitt said today (24 February
2016).
More...
Seniors housing initiative for regional Queensland
A new Palaszczuk Labor Government initiative plans to
build adaptable housing in regional communities with a pilot scheme
targeting up to four towns in Central West and North West
Queensland(24 February 2016).
More...
Renewable energy investment and job boom looms for
Queensland
Almost $2.5 billion in renewable energy projects have
been proposed across regional Queensland in response to the
Palaszczuk Government's energy policies. These projects are
spread across the State and from a range of technologies including
solar, wind and biomass (18 February 2016).
More...
Fears flammable non-compliant cladding used on Gold
Coast construction sites
An investigation is underway into potentially flammable
cladding being used on Gold Coast building sites (19 February
2016).
More...
$70 million infrastructure funding brought forward
The Palaszczuk Government's $70 million critical
regional infrastructure fund has been accelerated by six months to
stimulate jobs and economic growth in regional Queensland (18
February 2016).
More...
Published
Australian infrastructure plan
Infrastructure Australia: 17 February 2016
Presents the infrastructure challenges and opportunities Australia
faces over the next 15 years and the solutions required.
More...
Practice and courts
Building Ministers' Forum
The last BMF was held on 19 February 2016 at Bond
University on the Gold Coast. This meeting focused on strategies
and measures to ensure the community can continue to have
confidence in the safety of buildings in Australia (19 February
2016). More...
Agency raises asbestos imports at Senate Inquiry into
non-conforming building products
The Chief Executive Officer of the Asbestos Safety and
Eradication Agency appeared at the Senate Economics References Committee Inquiry into
non-conforming building products hearing on 15 February 2016 in
Melbourne to discuss the illegal importation of asbestos-containing
materials in the building industry.
More...
AIBS: Construction Product Alliance Autumn 2016 Non-
Conforming Product Update
The Construction Product Alliance (CPA) has released
their Autumn 2016 Non-Conforming Product Update (26 February
2016). More...
Announcements, Draft Policies and Plans released 2015
NSW Parliament: Committees - Inquiries
receiving submissions
Inquiry into Procurement of government infrastructure projects,
closes 12 February.
NSW: Mining and Petroleum Legislation Amendment
(Harmonisation) Act 2015and Mining and Petroleum
Legislation Amendment (Land Access Arbitration) Act
2015
These are expected to come into effect on 1 March. Prosecution
guidelines, enforceable undertakings guidelines, community
consultation code and drilling guideline will also be released at
this time. More...
QLD: Draft guideline: master planning for priority
ports
The Queensland Government is advancing master planning
for priority ports - Gladstone, Abbot Point, Townsville and Hay
Point/Mackay in accordance with the Sustainable Ports Development
Act 2015 and consistent with the Reef 2050 Long-Term Sustainability
Plan. The Draft guideline: master planning for priority ports is
available for public comment until 14 March 2016. More...
QLD QBCC: New adjudication qualification course starts
April 2016
A three day course will be delivered by Contract
Administration Group Pty Ltd.
More...
QLD: Have your say on the Security of Payment discussion
paper
The Security of Payment discussion paper has now been
released and is available for detailed feedback. This aims to
improve security of payment for subcontractors in the building and
construction industry. Submissions close on 31 March 2016.
More...
QBCC Disciplinary actions
Licensees suspended or cancelled - 14 January to 21 February 2016 (PDF).
Licensees excluded - 14 January to 21 February 2016 (PDF).
Cases
J Hutchinson Pty Ltd v Glavcom Pty Ltd
[2016] NSWSC 126
BUILDING AND CONSTRUCTION – adjudication
determination – whether adjudicator committed jurisdictional
error – whether amounts owing by a subcontractor under a
construction contract can be setoff against a payment claim –
whether contractual provisions imposing conditions on payment of a
payment claim are void - Building and Construction Industry
Security of Payment Act 1999 (NSW), ss 8, 9, 10 and 34 EQUITY
– fraud – setting aside adjudication determination
obtained by fraud EVIDENCE – application of the principle in
Jones v Dunkel PRACTICE AND PROCEDURE – whether
party bound by way case conducted before an adjudicator.
More...
Legislation
Queensland
Subordinate Legislation as made
No 5 Queensland
Building and Construction Commission and Other Legislation
Amendment Regulation (No. 1) 2016 – Tabled 16 February
2016 – amends the Building Act 1975; Building
and Construction Industry Payments Act 2004; Plumbing and
Drainage Act 2002; Professional Engineers Act 2002;
Queensland Building and Construction Commission Act 1991;
State Penalties Enforcement Act 1999.
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.