In the media – National
Home builder fined $380,000 over misleading review
websites
Perth residential building company Aveling Homes is fined $380,000
for creating websites which filtered out negative reviews, which
the Federal Court found was liable to mislead the public and create
a more favourable impression of the firm's services (01
December 2017).
More...
Subcontractors want action on $90 million
loss
Subcontractors have called for action amid growing evidence of
questionable conduct over a corporate collapse which saw 1,600
small businesses lose $90 million and 140 workers lose their jobs,
wages and entitlements (28 November 2017).
More...
Project Bank Accounts – no panacea to payment
issues
Governments around the country are embracing project bank accounts
as an act of faith rather than a result of considered analysis. The
most recent example is the Bill before the Queensland Parliament
(28 November 2017).
More...
In the media – Victoria
Building approvals surge as Victorian economy
booms
Australian Bureau of Statistics (ABS) data
released today shows the total value of Victorian building
approvals increased 1.9 per cent to $3.59 billion in October 2017,
and is up an impressive 67.2 per cent over the year (30 November
2017).
More...
Airport Rail Link planning takes off
Plans are underway to give Melbourne the world-class airport rail
link it deserves, with the Australian and Victorian governments
meeting today to brief key industry and community stakeholders on
the project. Federal Minister for Infrastructure and Transport
Darren Chester said the business case would look at potential
corridors for the rail link, existing and future rail upgrades
across the metropolitan network, and proposals from private
industry (28 November 2017).
More...
Australian first – Melbourne powers ahead with
wind farm
Melbourne's most iconic organisations have joined together to
support the development of a wind farm that will be built near
Ararat in regional Victoria. It is the first time a group power
purchase arrangement has been used in Australia to fund long-term
renewable energy development (23 November 2017).
More...
In the media – New South Wales
BMD awarded main civil work contract for the Woolgoolga
to Ballina Pacific Highway upgrade
The Australian and NSW governments are jointly funding the $4.36
billion Woolgoolga to Ballina Pacific Highway upgrade (01 December
2017).
More...
World's best to build and operate Parramatta Light
Rail
Five consortia consisting of the world's best light rail
builders and operators have been shortlisted for two contracts to
deliver Stage 1 of the Parramatta Light Rail project (29 November
2017).
More...
Industry fury as New South Wales government waters down
building products legislation
Building industry stakeholders are outraged that the NSW government
has covertly and substantially watered down legislation to reduce
non-compliant and non-conforming building product use (22 November
2017).
More...
In the media – Queensland
Resources deliver more than $500bn in eight years:
QRC
Queensland's resources sector continues to drive jobs and
investment with a $55.1 billion contribution to the state's
economy in 2016-17, which supported the equivalent of 282,633
full-time jobs (22 November 2017).
More...
Practice and courts
Commonwealth
ABCC Code for the Tendering and Performance of
Building Work 2016
The Code
for the Tendering and Performance of Building Work 2016
applies to companies who wish to undertake Commonwealth-funded
building work. Building industry participants covered by agreements
made prior 2 December 2016 have until 29 November 2018 to ensure
their agreements are Code compliant.
Australian Cladding and Building Standards
Summit
The Australian Cladding & Building Standards Summit, 7-8
December 2017, Melbourne, will address issues of safety standards
and non-conforming building products.
More...
Queensland
Building Industry Fairness (Security of Payment)
Bill 2017
The State Parliament has passed the
Building Industry Fairness (Security of Payment) Bill
2017, a two-stage adoption process will see the
requirement for mandatory PBAs rolled-out across Queensland. An
initial stage, to being on 1 January 2018, will see the requirement
applied to government building and construction projects. A second
stage, to begin 1 January 2019, will expand the application of the
mandatory PBA to all building and construction projects over $1
million.
Cases
The Owners-Strata Plan No. 30791 v Southern Cross Constructions
(ACT) Pty Limited (In Liquidation) [2017] NSWSC
1660
CIVIL PROCEDURE – Referral to referee – Adoption of
referee report – Whether report should be rejected for actual
or apprehended bias – Whether referee failed to comply with
rules of natural justice. Texts Cited: Building Code of Australia.
In these proceedings, the Owners Corporation seeks to recover in
respect of structural and aesthetic damage said to have been caused
to the building by excavation, shoring and piling work (the Works)
carried out on the adjacent property.
Manbead Pty Ltd v The Owners – Strata Plan No 87635
[2017] NSWSC 1629
APPEALS – application for leave to appeal against decision of
NCAT Appeal Panel on a question of law – no error of law
established. BUILDING CLAIMS – claims by Owners Corporation
and individual lot owners in respect of common property –
whether Appeal Panel erred in assuming separate claims were
maintainable – whether Appeal Panel erred in declining to
consider Scott Schedule prepared after consent orders were entered
for purpose of determining whether claim exceeded Tribunal's
jurisdictional limit.
Cheshire Contractors Pty Ltd v Everett [2017] QSC
287
CONTRACT – BUILDING, ENGINEERING AND RELATED CONTRACTS
– THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS
AND IMPLIED CONDITIONS – where the parties entered into a
contract for the performance of certain works in connection with a
subdivisional development – whether or not the alleged works
referred to in the pleadings were "building work" as
defined in the Queensland Building Services Authority Act
1991 (Qld).
Golets v Southbourne Homes & Anor [2017] VSC
705
BUILDING CONTRACTS — Building and Construction Industry
Security of Payment Act 2002 (Vic) — Section 7(2)(b)
meaning of 'in the business of building residences' —
Whether the Act applies — Applicant not 'in the business
of building residences' — No jurisdiction in adjudicator
to determine adjudication application — Adjudication
determination quashed.
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.