In the media – National
It pays to build for resilience
For every $1 governments spend on increasing the
resilience of existing buildings, $6 is saved in property losses,
health costs and interruption to business, new US research has
found. Professor Porter said there was nothing wrong with building
codes in terms of their primary purpose of protecting human life,
however they fell short in terms of preventing buildings from
becoming unusable (08 February 2018).
More...
Businesses plan to invest and hire more: NAB
survey
Companies expect to hire more workers as they see
conditions improving, according to NAB's quarterly business
survey. Plans for capital expenditure rose in most sectors,
particularly manufacturing and construction, but were lower amongst
retailers and finance firms (08 February 2018).
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Same old tricks': James Hardie accused of avoiding
asbestos compensation
Ten years after the court case that forced asbestos
manufacturer James Hardie to face up to the consequences of its
deadly product, the company is accused of again playing hardball
with victims (05 February 2018).
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Proposed model for infrastructure governance
A major new report, Infrastructure Governance in
Australia, has called for greater separation between politics,
planning and projects The report by Consult Australia presents a
model infrastructure body or "IBody" for adoption by all
jurisdictions following a comprehensive review of their existing
governance procedures (02 February 2018).
More...
MBA: Non-Residential Approvals Support a More Positive
Outlook in 2018
Total dwelling approvals fell by 20% in seasonally
adjusted terms in December 2017, and by 5.5% over the year.
However, the monthly data can be relatively volatile and follows a
long period of steady growth in number dwelling approvals over the
latter half of 2017 (01 February 2018).
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Victoria
Victoria's new international airport
The construction of an international terminal at Avalon
Airport in Victoria will see it become the state's second
international airport by the end of 2018. The Victorian Government
said the construction of the international terminal is expected to
cost more than $20 million and create about 230 jobs (05 February
2018).
More...
(Govt statement) More...
Geelong Port endorsed as a priority
The G21 Board has endorsed Geelong Port's submission
to become a Priority Project, acknowledging its importance as an
economic driver for the region and the state of Victoria. The
Priority Project focuses on two key components: strengthening the
port's freight links (road, rail and channel); and protecting
it against encroachment to allow the port to achieve its growth
objectives (05 February 2018).
More...
Victoria's first Chief Engineer to guide major
projects
The Andrews Labor Government has appointed Dr Collette
Burke as Victoria's first Chief Engineer to help oversee the
state's record infrastructure pipeline. Dr Burke will provide
expert advice to the Labor Government on major project design and
engineering (02 February 2018).
More...
New South Wales
New tool to empower homeowners
A new online tool was officially launched by the New
South Wales Government today that will help protect homeowners
against uninsured and unlicensed building work. Minister for
Finance, Services and Property Victor Dominello said HBC Check will
enable homeowners to independently verify if any building or
renovation work over $20,000 has a valid insurance certificate (09
February 2018).
More....
Second phase of Social and Affordable Housing Fund
opens
The New South Wales Government has officially opened the
Expressions of Interest for the second phase of its Social and
Affordable Housing Fund (SAHF), which will deliver
up to 1,200 additional social and affordable homes (07 February
2018).
More...
Western Sydney Airport to go to market
Western Sydney Airport Corporation has released two procurement packages for main earthworks and airside pavements on the airport site. WSA Co will also go to market in early February for the first stage of the main airport works program (02 February 2018) More...
Queensland
Work underway on $48 million Toowoomba Range rail
upgrade
The Palaszczuk Government has commenced work has on a
major rail upgrade along the Toowoomba Range, which will support
100 construction jobs locally (08 February 2018).
More...
FNQ windfarm set to support 200 construction jobs
Far North Queensland residents are the beneficiaries of a
new $200 million wind farm that will generate enough power to
supply more than 50,000 homes (08 February 2018).
More...
Published
Powering our future: Inquiry into modernising
Australia's electricity grid
House of Representatives Standing Committee on the
Environment and Energy; Parliament of Australia: 05 February
2018
This inquiry heard that a lack of policy certainty is
impacting on the operation of the NEM, as a lack of certainty has
an impact on investment. The policy certainty required relates to a
mechanism to achieve emissions reduction in the electricity sector.
The electricity sector is capital intensive and a lack of policy
certainty has undermined investment in the sector. More...
ACI Construction Briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry.
ACI Construction Brief: Wages growth is the biggest economic issue
for political leaders (05 February 2018).
Practice and courts
ABCC: Funding Recipients - Updated Model Clauses and
dedicated webpage 2018
To assist funding entities and funding recipients to
apply the Code for the Tendering and Performance of Building
Work 2016 (2016 Code) on applicable building projects the ABCC
has revised a number of key resources including: Publishing a
dedicated webpage for funding
recipients which outlines the responsibilities of funding
recipients; Simplifying and clarifying the
Funding Entity and Recipient Model Clauses for Indirectly
Commonwealth Funded Building Work. NOTE: As a result of these
changes, funding recipients are no longer required to comply with
some elements of the 2016 Code on indirectly Commonwealth funded
building work.
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.
New South Wales
Proposed reforms for buildings with combustible
cladding
The New South Wales Department of Planning and
Environment (DP&E) has released a package of
proposed reforms requiring owners to: register their building/s
with the NSW Government and engage an expert to do a fire risk
assessment of the cladding. The package is on exhibition until 16
February 2018.
More...
Queensland
QBCC: Notifiable Work Audits
When it comes to notifiable work administration audits,
there are three audit programs – random, compliance and real
estate. In 2017, the QBCC conducted 550 notifiable work
administration audits across Queensland. Real estate audits were
conducted in various regions, including Toowoomba, Cairns,
Townsville, Hervey Bay, Moreton Bay, Brisbane, Logan and Sunshine
Coast (25 January 2018).
More...
Cases
Bluefin
Seafoods Pty Ltd v Fraser Coast Regional Council [2018]
QSC 014
LIMITATION OF ACTIONS – GENERAL MATTERS –
AMENDMENT OF ORIGINATING PROCESS AND PLEADINGS OUTSIDE LIMITATION
PERIOD – AMENDMENTS INTRODUCING NEW CAUSE OF ACTION OR
PARTICULARISING CAUSE OF ACTION – Where the defendant applies
to strike out the statement of claim in its entirety, on the basis
that the plaintiff's claims are statute barred – where
the plaintiff concedes that the causes of action for which it
commenced the proceedings on 8 June 2016 are statute barred –
whether new allegations in the plaintiff's amended statement of
claim filed in December 2017 constitute new causes of action, in
respect of which the limitation periods have expired –
whether the new causes of action arise out of the same or
substantially the same facts as the earlier causes of action for
which relief was claimed - Bluefin and the Council entered into an
agreement under which in consideration of the Council providing the
necessary infrastructure, Bluefin would develop an aquaculture
facility on certain land.
Low
v MCC Pty Ltd; MCC Pty Ltd v Low [2018]
QSC 006
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS
– INTERLOCUTORY INJUNCTIONS – relevant considerations
– balance of convenience generally – where the
applicant is seeking an injunction to restrain enforcement of
adjudicator's decisions under BCIPA filed as judgments in the
District Court of Queensland – where the applicant has
offered to undertake to provide a bank guarantee in to court
sufficient to cover the amount of the adjudicator's decisions
– whether a "prima facie" case has been shown by
the applicant – whether the balance of convenience favours
the grant of an injunction.
Hansen
v Patrick [2018]
QSC 007
MISLEADING AND DECEPTIVE CONDUCT – whether
representations made or relied upon – fiduciary duty- whether
duty owed to shareholder – whether fiduciary duty breached
– application to reopen case and tender fresh evidence
– money withheld at settlement – money had and received
- partnership was formed for the purpose of acquiring earth moving
equipment for lease to property developers and civil engineering
contractors and, on the plaintiffs' case, subsequently, for the
purpose of land development and resale.
Pusey
v Bayside Cabinet Makers [2018]
VSC 28
JUDICIAL REVIEW AND APPEALS – Anshun estoppel
– Abuse of process – Applicant failed to attend
hearings – Leave to appeal from a decision of the Victorian
Civil and Administrative Tribunal – No real or significant
argument that error of law exists – No question of law of
general or public importance – Application for leave to
appeal dismissed – Victorian Civil and Administrative
Tribunal Act 1998 (Vic) s 148(1)(b) - supply and install a
kitchen at a residential property – defective work.
Ian
Street Developer Pty Ltd v Arrow International Pty Ltd [2018]
VSC 14
BUILDING CONTRACTS – Building and Construction
Industry Security of Payment Act 2002 (Vic) – Principles
of statutory construction considered.
BUILDING CONTRACTS – Building and Construction Industry
Security of Payment Act 2002 (Vic) – Whether a special
purpose vehicle 'in the business of building residences'
– Section 7(2)(b) of the Act considered – Whether the
Act applies – Plaintiff is 'in the business of building
residences'.
BUILDING CONTRACTS – Building and Construction Industry
Security of Payment Act 2002 (Vic) – Whether the maximum
extension of time permitted under s 22(4) of the Act is a further 5
days or a further 15 days – Maximum permitted extension of
time is a further 5 days.
BUILDING CONTRACTS – Building and Construction Industry
Security of Payment Act 2002 (Vic) – Whether an
adjudication determination given after the period permitted under s
22(4) of the Act is invalid – Out of time determination is
not invalid – Requirements of s 22(4) of the Act not
jurisdictional.
BUILDING CONTRACTS – Building and Construction Industry
Security of Payment Act 2002 (Vic) – Whether a payment
claim under s 14 of the Act may include the value of work performed
before an earlier reference date – A person entitled to a
progress payment, which is calculated by reference to a reference
date under s 9 of the Act, may include the value of work performed
before the previous reference date.
PHHH
Investments No 2 Pty Ltd v United Commercial Projects Pty
Ltd [2018]
VSC 15
BUILDING CONTRACTS – Building and Construction
Industry Security of Payment Act 2002 (Vic) – Whether an
adjudication determination given after the period permitted under s
22(4) of the Act is invalid – Out of time determination is
not invalid – Requirements of s 22(4) of the Act not
jurisdictional.
BUILDING CONTRACTS – Building and Construction Industry
Security of Payment Act 2002 (Vic) – Agreement to an
extension under s 22(4) of the Act – Whether claimant's
offer to agree to an extension of time constituted an implied
agreement – No implied agreement for extension of time.
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.