In the media – National
New Commonwealth procurement rules from next
year
The Government has been forced to concede its position on the rules
in order to get its ABCC bill through the Senate. Under the new
rules Government officials would also need to consider whether
bidders are ethical employers, and are in compliance with
occupational health and safety and environmental standards (01
December 2016).
More...
MBA: Senate passes Bill to re-establish the
ABCC
The Senate's decision to re-establish the Australian Building
and Construction Commission (ABCC) is a win for the community,
taxpayers and people who work in the building and construction
industry, Wilhelm Harnsich, according to the CEO of Master Builders
Australia (30 November 2016).
More...
Fall in building approvals a wake-up call
The worst housing approvals numbers in two years should serve as a
wake-up call to governments on the need to fix housing markets and
planning systems, according to the Property Council (30 November
2016).
More...
WICET deeper in the red as net liabilities blow out to
over $1b
The Wiggins Island Coal Export Terminal at Gladstone in Queensland
has taken a financial hit with the port disclosing its "equity
deficiency" rose to $1.06 billion in 2015-16. WICET said it
was in litigation with contractors for compensation on variations
on construction contracts at the end of June, and that it had
"sound basis" for disputing the entitlement and size of
the claims (01 December 2016).
More...
BCA report on major project approvals is a vital
contribution to the infrastructure debate
A new report by the Business Council of Australia into streamlining
major project approvals is a vital reminder to policy makers about
the costs of unnecessary delays on major projects across Australia
and the need to develop best-practice to get job creating projects
moving (25 November 2016).
More...
In the media – Victoria
Building infrastructure quicker and
smarter
The Andrews Labor Government is set to reduce the time and costs
for industry as it delivers Victoria's strong infrastructure
pipeline. Treasurer Tim Pallas today released a short paper,
Reforming Public Construction, which identifies reforms to deliver
projects quicker and more efficiently, boosting jobs and
Victoria's competitiveness (29 November 2016).
More...
Banning fracking for good
The Andrews Labor Government has introduced legislation to
permanently ban fracking in Victoria, protecting the agricultural
sector and giving certainty to regional communities. The
Resources Legislation Amendment (Fracking Ban) Bill 2016
amends the Petroleum Act 1998 and the Mineral
Resources (Sustainable Development) Act 1990 to implement the
Government's decision (22 November 2016). More...
In the media – New South Wales
Longest housing boom in New South Wales
history
New South Wales is in the midst of the longest housing construction
boom in its history, according to Australian Bureau of Statistics
data. Data released today shows 74,577 homes were approved in the
12 months to October 2016. This is a record 33rd consecutive month
with a yearly approval figure of more than 50,000 (30 November
2016).
More...
Safety blitz targets demolition sites
WorkSafe inspectors have begun a month-long blitz targeting
dangerous and sub-standard demolition work. Inspectors expect to
visit more than 800 demolition and construction sites across the
state to ensure work is carried out as safely as possible (23
November 2016).
More...
184300 homes over five years with new
infrastructure
A strong New South Wales economy and new public transport links
have opened the way for an expected 184,300 new dwellings over the
next five years – easily surpassing previous records (21
November 2016).
More...
In the media – Queensland
Adani coal mine rail line and camp
approved
The $22 billion Carmichael coal and rail project secures Queensland
Government approval for a permanent rail line and a temporary
construction camp (05 December 2016).
More...
Queensland Government to ink deal over Cross River
Rail
The Palaszczuk Government will sign a Memorandum of Understanding
with the Commonwealth today formalising their collaboration on
Brisbane's Cross River Rail (02 December 2016).
More...
Solar farm brings renewable energy and jobs to North
Queensland
North Queensland's electricity grid and its economy is another
step closer to being powered by more renewable energy and more
renewable jobs with a major solar project reaching a finance
milestone (02 December 2016).
More...
Project bank accounts to secure payments for
subcontractors
The Queensland building and construction industry is set for
historic reform, as the Palaszczuk Government prepares new laws to
introduce a suite of measures to ensure security of payment for
subcontractors, including project bank accounts (30 November 2016).
More...
Queenslanders encouraged to have their say on new state
building plan
Queenslanders will have the opportunity to run their rulers over
the state's building and construction industry with the release
of a discussion paper for a new Queensland Building Plan.
The Queensland Building Plan looks at a number of reforms designed
to bring increased confidence to the sector, including our
government's historic reforms on security of payment for
subcontractors (30 November 2016).
More...
Practice and courts
Infrastructure Priority List – 23 November
2016
The Infrastructure Priority List is a prioritised list of
nationally significant investments. It provides decision makers
with advice and guidance on specific infrastructure investments
that will underpin Australia's continued prosperity. The latest
list is outlined here.
More...
GBCA: New Green Star certification
process
A new streamlined process for the registration of applications for
Green Star certification is effective 1 December 2016, and
freshened up the Green Star Certification Agreement.
Clauses and processes have been clarified, particularly, the
appointment of Applicant Agents and Change of Ownership process and
Limitation of Trustee Liability clause. The Agreement remains
substantially the same (16 November 2016).
More...
ABCB's 2017 NCC Information Seminars Registrations
Now Open
Registrations are
NOW OPEN for the Australian Building Codes Board's (ABCB)
2017 NCC Information Seminars. The series will include
presentations from the ABCB, Standards Australia and local Building
Control Administrations.
Cases
Hastie Group Limited (In Liquidation) v Moore [2016] NSWSC
1682
The 2014 Proceeding be dismissed with costs; The 2015 Proceeding be
dismissed with costs. PROCEDURE – extension of time for
service of statement of claim – whether to discharge
extension under UCPR r.12.11(1)(e) - litigation funding.
Benarid
Pty Ltd v Sarina Consulting Engineers Pty Ltd [2016] QDC
307
APPEAL BY WAY OF RE-HEARING – CROSS-APPEAL – CONTRACT
– IMPLIED TERMS - ORAL VARIATION TO CONTRACT - Where
plaintiff claims breach of contract – Where plaintiff claims
damages for work rendered –Whether there was an agreement to
pay for future work – Whether there was an implied term in
the contract that there should be payment for the part services
already performed – Whether there was an implied term in the
contract that the services performed be assessed at an hourly rate
– Whether the delay was caused by the plaintiff or
defendant.
Annie
Street JV Pty Ltd v MCC Pty Ltd & Ors [2016] QSC
268
ADMINISTRATIVE LAW – DECLARATIONS – EXCESS OR WANT OF
JURISDICTION – PARTICULAR INSTANCES OF JURISDICTIONAL ERROR
– where the applicant and the first respondent were parties
to construction contract – where the first respondent served
a payment claim under the Building and Construction Industry
Payments Act 2004 (Qld) (the Act) – where the second
respondent made an adjudication decision under the Act –
where the second respondent determined, as part of the
adjudication, that the applicant was not entitled to set-off an
amount for liquidated damages – where the applicant alleges
that this part of the second respondent's decision is affected
by jurisdictional error – whether the second respondent's
decision that the applicant was not entitled to set-off an amount
for liquidated damages was without foundation and illogical, with a
deficient reasoning process – whether the second
respondent's decision that the applicant was not entitled to
set-off an amount for liquidated damages involved a failure to
provide reasons or adequate reasons in accordance with s.26(3)(b)
of the Act – whether the second respondent's decision
that the applicant was not entitled to set-off an amount for
liquidated damages involved a denial, to the applicants, of natural
justice.
ADMINISTRATIVE LAW – DECLARATIONS – EXCESS OR WANT OF
JURISDICTION – PARTICULAR INSTANCES OF JURISDICTIONAL ERROR
– where the applicant and the first respondent were parties
to construction contract – where the first respondent served
a payment claim under the Building and Construction Industry
Payments Act 2004 (Qld) (the Act) – where the applicant
served a payment schedule under the Act – where the payment
schedule did not raise contractual time limitations as a basis for
withholding payment – where the second respondent did not
consider contractual time limitations in the adjudication –
whether, in not considering contractual time limitations, the
second respondent committed jurisdictional error.
McConnell Dowell Constructors (Aust) Pty Ltd v Santam Ltd &
Ors (No 1) [2016] VSC 734
PRACTICE & PROCEDURE – Appointment of Special Referee
– Questions as to discovery of documents and inspection of
documents in a large document case referred to Special Referee
– Reference conducted as a facilitation process rather than
an adversarial process - Adoption of Special Referees'
Report –Supreme Court (General Civil Procedure) Rules
2015 (Vic) O 50. PRACTICE & PROCEDURE – Discovery in a
large document case– Use of predictive coding technology (TAR
or Technology Assisted Review) – Orders for TAR made in
accordance with the recommendations of the Special Referee
following a facilitation process conducted with the parties in a
reference conducted under O 50 Supreme Court (General Civil
Procedure) Rules 2015 (Vic). This proceeding involves a large claim
involving tens of millions if not hundreds of millions of dollars
arising from the design and construction of a natural gas pipeline
in Queensland.
Fulconstruction Pty Ltd v. ABP Consultants Pty Ltd [2016]
VCC 1732
Building Contract – Payment claim under the Building and
Construction Industry Security of Payments Act 2002 (Vic)
– Project management services – Whether
"building...advisory...services" – Dispute as to
whether the arrangement was a joint venture agreement or a
"construction contract" – Payment to be made at the
end of project of 50% share of profits – Whether
consideration for construction work to be "calculated
otherwise than by reference to the value of the...services
supplied" (section 7(2)(c)) – Sufficiency of the
identification of the "services to which the progress payment
relates".
Practice and procedure – Nature of the process for
determining a proceeding for judgment pursuant to section 16(4) of
the Act.
Legislation – Commonwealth
Bills
Building and Construction Industry (Improving
Productivity) Bill 2013
Finally passed both Houses 30/11/16 Assent 01/12/16 Act no: 87
Year: 2016.
Introduced with the Building and Construction Industry
(Consequential and Transitional Provisions) Bill 2013, the
bill re-establishes the Australian Building and Construction
Commissioner (ABC Commissioner) and the Australian Building and
Construction Commission; enables the minister to issue a Building
Code; provides for the appointment and functions of the Federal
Safety Commissioner; prohibits certain unlawful industrial action;
prohibits coercion, discrimination and unenforceable agreements;
provides the ABC Commissioner with powers to obtain information;
provides for orders for contraventions of civil remedy provisions
and other enforcement powers; and makes miscellaneous amendments in
relation to self-incrimination, protection of liability against
officials, admissible records and documents, protection and
disclosure of information, powers of the Commissioner in certain
proceedings, and jurisdiction of courts.
Renew Australia Bill 2016
Registered 21 November 2016; Introduced HR 21 November 2016
The Bill establishes Renew Australia, an authority to plan and
drive the transition to a new clean energy system. The objects of
the Bill are to help reduce Australia's greenhouse gas
pollution by transforming Australia's electricity system.
Acts
Building and Construction Industry (Consequential and Transitional
Provisions) Act No 88 of 2016
Registered 02/12/2016; Date of Assent 01/11/2016 - An Act to deal
with consequential and transitional matters arising from the
enactment of the Building and Construction Industry (Improving
Productivity) Act 2016.
Building and Construction Industry (Improving Productivity) Act No
87 of 2016
Registered 02/12/2016; Date of Assent 01/11/2016 - An Act to
re-establish the Australian Building and Construction
Commissioner.
Building and Construction Industry (Consequential and Transitional
Provisions) Rules 2016
02/12/2016 - This instrument deals with transitional and
consequential matters relating to the transition from the Fair
Work (Building Industry) Act 2012 to the new arrangements
created under the Building and Construction Industry (Improving
Productivity) Act 2016. This includes continuing the
application of the Building Code 2013 to particular
building work to which that Code applied immediately before the
repeal of the Fair Work (Building Industry) Act 2012.
Code for the Tendering and Performance of Building Work
2016
02/12/2016 - This code of practice sets out the Australian
Government's expected standards of conduct for all building
contractors or building industry participants that seek to be, or
are, involved in Commonwealth funded building work.
Legislation – Queensland
Subordinate legislation as made
No 222: Queensland Building and Construction Commission (Calculation of Insurable Value) Amendment Regulation 2016 - Queensland Building and Construction Commission Act 1991 – 02 December 2016 - to amend the Queensland Building and Construction Commission Regulation 2003 (QBCC Regulation) to change the way in which the notional pricing provisions of the Queensland Home Warranty Scheme (Scheme) apply to work relating to common property in multiple dwellings and duplexes.
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.
