In the media – National
MBA: London Apartment Tower Fire, Are There Issues For
Australia?
Denita Wawn, CEO of Master Builders Australia said the relevant
laws we have in Australia are comprehensive and under almost
continuous review. Master Builders and members understand the
importance of ensuring building products are fit for purpose and
installed correctly, but there is always a risk that some products
entering Australia don't meet minimum requirements (15 June
2017).
More...
GBCA: We need bipartisan support for a new energy
blueprint
The recommendations outlined in the Finkel Review demand bipartisan
support, says the nation's green building authority. The
Independent Review into the Future Security of the National
Electricity Market has found a Clean Energy Target is the most
effective mechanism to reduce emissions while supporting energy
security and reliability (09 June 2017).
More...
Builder Insolvencies and Holes in the
Ground
The Australian high-rise apartment boom is winding down and there
are signs that some contractors are winding up (08 June 2017).
More...
In the media – Victoria
A Bolt from the Blue: The VBA Class
Action
On 1 June, the VBA were served with the Range View Supreme Court
writ. This action is unprecedented and its outcomes will determine
the shape of the building industry for many years into the future.
Both the builders and consumers have had enough, and as the class
actions mount, the VBA may finally understand the role of a
regulator as the Supreme Court will be the final judge of their
performance or the lack of it (14 June 2017).
More...
Subsequent Purchasers: What are Builders still
potentially liable for?
It's relatively common to have defects in a commercial or
residential building that are not immediately apparent, and in
these cases a court or tribunal such as VCAT often awards
compensation. Questions often arise for builders generally as to
their potential exposure to pay damages in such a case and to whom
(13 June 2017).
More...
In the media – New South Wales
M4-M5 link tenderers shortlisted
Premier Gladys Berejiklian and Minister for WestConnex Stuart
Ayres said John Holland CPB Contractors joint venture and Lend
Lease Samsung Bouygues joint ventured have been selected to tender
for the M4-M5 link which will create a non-stop underground western
bypass of Sydney CBD (16 June 2017).
More...
$1 Billion for Western Sydney roads The New South Wales 2017-18 State Budget has allocated more than $1 billion to improve roads across Western Sydney. The investment includes $153 million for Western Sydney growth roads such as the Narellan Road upgrade and the second stage of the upgrade of Schofields Road (16 June 2017). More...
In the media – Queensland
Inland rail on-track to bring jobs to South East
Qld
The third Queensland stage of the $10.9 billion Melbourne to
Brisbane Inland Rail Project has been declared a coordinated
project by the state's independent Coordinator-General (16 June
2017).
More...
MBA State Budget 2017-18 Highlights for building and construction While the budget was touted as delivering job-creating infrastructure, the total capital program was down on last year's budget by half a billion to $10.2 billion (16 June 2017). More...
Gateway Upgrade North reaches half way
mark
Australian Government: The $1.1 billion Gateway Upgrade North
project has reached the halfway mark of construction, and has been
given an independent design rating of 'excellent'. The
Australian Government is committing $914.18 million and the
Queensland Government is committing $228.54 million to the Gateway
Upgrade North project (14 June 2017).
More...
Port of Brisbane planning advisors
appointed
Port of Brisbane (PBPL) has appointed a number of
technical advisors to progress planning for the proposed Brisbane
International Cruise Terminal. The appointments include, CPM
Engineering – Project Management Assistance; ARUP (in
conjunction with Arkhefield) – Engineering and Design
consultants; and BMT WBM and Buckley Vann Planning – Planning
applications and lodgements (09 June 2017).
More...
Practice and courts
National Infrastructure Summit, Sydney, 28 – 29
June
This year the focus is on driving growth through smarter, more
efficient cities. Over 300 of Australia's top investors,
planners, contractors, advisers and policy-makers will be in
attendance – at what is the nation's premier
infrastructure event. Learn more and register your place here.
Queensland
Queensland Master Builders: Queensland's new
planning system
New planning legislation set to replace the Sustainable
Planning Act 2009 will come into effect from 3 July 2017.
Benefits for builders and contractors - QMB have outlined some
changes that have been made to the existing legislation and
planning system, and the resulting benefits.
More...
Better Mine Rehabilitation for Queensland
The Queensland Government is proposing a new policy for mine
rehabilitation outlined in a
discussion paper. The proposed rehabilitation policy is a key
component of an integrated mined land management framework, which
also includes six delivery elements. Read the
Better Mine Rehabilitation for Queensland discussion paper and
complete
the survey.
Victoria
Building Regulations Sunset Review
DELWP has released the proposed Building Regulations 2017 for
consultation. Have your say on the proposed Regulations until 18
July 2017. More...
Cases
Hi-Rise
Access Pty Ltd v Standards Australia Limited [2017] FCA
604
CONSUMER LAW – Misleading or deceptive conduct
–knowledge to be imputed to the target audience –
whether the impugned statements conveyed the representations
alleged – whether representations of fact or opinion –
whether representations "in trade or commerce" –
principles relevant to conduct "in trade or commerce"
– whether activities of peak Australian Standards body in
developing, publishing and promoting Australian Standards is
"in trade or commerce"– conclusion that the
relevant activities are not "in trade or commerce" -
Competition and Consumer Act 2010 (Cth); Sch 2,
Australian Consumer Law; Trade Practices Act 1974
(Cth)
Hi-Rise alleges that these representations constitute misleading or
deceptive conduct in trade or commerce, in breach of s 18 of the
Australian Consumer Law (the ACL) in Schedule 2 of the
Competition and Consumer Act 2010 (Cth). Amongst other
things it contends that the requirements under the 2013 Standard in
fact make it less safe and more risky for users than the
requirements under the 1992 Standard, and the 2013 Standard does
not provide greater safety to users, does not ensure building sites
provide the optimal level of safety to users, and is not primarily
intended to provide safe access and to reduce the risks to the
safety of users.
UGL Rail Pty Limited v Trox (Australia) Pty Limited [2017] NSWSC
770
BUILDING AND CONSTRUCTION – whether sound attenuators
designed and supplied by the defendant for the Lane Cove Tunnel
Project were defective – BUILDING AND CONSTRUCTION –
whether UGLR instructed Trox to repair, modify, replace and/or
provide again the defective attenuators – where notices given
to Trox were ineffective – CONTRACT – whether UGLR is
entitled to recover damages – where Alstom subcontracted to
Trox responsibility to design and supply the sound attenuators
(Trox subcontract) – where Alstom sold its
"Business" and all "Contracts" relating to it
to UGLR (Sale contract) – whether Alstom appointed UGLR to be
its agent for the purpose of administering and performing the Trox
subcontract – whether UGLR had implied actual authority to
administer and perform the Trox subcontract – whether
UGLR's conduct was ratified by a deed of assignment –
whether Alstom became a trustee of its rights under the Trox
subcontract for the benefit of UGLR – CONTRACT –
whether after completion of Sale contract Alstom suffered loss
compensable in damages by reason of the defects – CONTRACT
– whether UGLR incurred costs and expenses – where
works were done by related companies – where UGLR has no
obligation in relation to the costs and expenses incurred by those
companies.
Home Site Pty Limited v ACN 124 452 786 Pty Limited (formerly
known as Nahas Construction (NSW) Pty Limited) [2017] NSWSC
698
BUILDING AND CONSTRUCTION – contract –extension of
time clause – whether terms of contract relating to extension
of time were modified by deed of amendment – whether
defendant entitled to extension of time under contract –
whether plaintiff entitled to liquidated damages under contract.
BUILDING AND CONSTRUCTION – contract – liability for
defective works – whether contract specification required
rectification of defects – whether rectification of defects
unreasonable. BUILDING AND CONSTRUCTION – Home Building
Act 1989 (NSW) s 10 – whether Home Building Act
1989 (NSW) s 10 applies. CONTRACT – building and
construction contract – unenforceable – quantum meruit
claim – whether plaintiff entitled to recover fair and just
compensation for work completed in accordance with contractual
specifications – whether costs incurred for work were
reasonable – whether deductions should be applied to quantum
meruit claim. CONTRACT – consideration – promise to
perform existing duty – whether bona fides compromise of a
disputed claim made. CONTRACT – construction and
interpretation – "practical completion" –
when did "practical completion" occur. CONTRACT –
construction and interpretation – whether contract can be
inferred from parties' conduct – whether words and
conduct of parties would lead a reasonable person in the position
of the other party to believe there was a contract. PRACTICE AND
PROCEDURE – Uniform Civil Procedure Rules
2005 (NSW) r 14.14 – whether point should have been
pleaded – whether point likely to take defendant by
surprise.
Minesco
Pty Ltd v Anderson Sunvast Hong Kong Ltd [2017] VSC
299
ADMINISTRATIVE LAW — Judicial review — Delay in
commencing proceeding — Extension of time — Supreme
Court (General Civil Procedure) Rules 2015 (Vic) — O 56
— r 56.02(3). ADMINISTRATIVE LAW — Building and
Construction Industry Security of Payment Act 2002 (Vic)
— Natural justice — Whether lack of appearance of
procedural fairness in adjudication process amounts to breach of
natural justice.
BUILDING AND CONSTRUCTION —Claim for relief in the nature of
certiorari quashing an adjudication determination — Whether
adjudicator denied respondent natural justice — The Hickory
principle (Hickory Developments Pty Ltd v Schiavello (Vic) Pty
Ltd & Anor [2009] VSC 156; (2009) 26 VR 112, 143 [142]
considered — Building and Construction Industry Security
of Payment Act 2002 (Vic) s 21.
Melbourne Steel Erectors v M&I Samaras [2017] VSC
308
ADMINISTRATIVE LAW – Judicial Review – Determination
of an Adjudicator appointed under the Building and Construction
Industry Security of Payment Act 2002 (Vic) – Withdrawal
of payment claim – Duplication of Final Payment Claim in
respect of the same reference date – Whether error of law
amounting to jurisdictional error – Certiorari sought –
Building and Construction Industry Security of Payment Act
2002 (Vic), ss 14(6) and 14(8).
Legislation
Bills
Environment and Infrastructure Legislation Amendment (Stop
Adani) Bill 2017
Introduced and read a first time 13 Jun 2017; Second reading moved
13 Jun 2017; Second reading debate 15 Jun 2017 - proposes to make
sure that the Australian Government cannot hand out $1 billion to
Adani for their coal railway via the Northern Australia
Infrastructure Facility (NAIF) by creating a broad
"suitable person" test under the Northern Australia
Infrastructure Facility Act 2016.
The Bill will seek to amend the Queensland Building and Construction Commission Act 1991 to enable QBCC to inspect sites, take samples for testing and direct rectifications. Provisions within the Bill will place additional duties on building supply chain participants and widen grounds for the QBCC to take disciplinary action against a licensee. The Committee has called for submissions by 21 June 2017. The Government aims to have the legislation in effect by the end of the year.
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.
