In the media
Infrastructure Australia calls for national leadership
on cities
A new report from Infrastructure Australia is calling for
the Federal government to have a greater leadership role in
securing the global competitiveness of our largest cities,
recommending the Commonwealth Government establish a framework of
incentives to improve the productivity, liveability and
affordability of Australia's largest cities (23 February 2018).
More...
The Security of Payment Act and its important
consequences
The Security of Payment Act is meant to be critical for
builders to get paid for construction works that they do (22
February 2018).
More...
Western Australia's building industry rocked as
another major company halts trading
Just weeks after Cooper & Oxley slid into voluntary
administration, the building industry suffers another blow with
major civil landscaping company BCL Group suspending trading to
assess its financial viability (22 February 2018).
More...
Strata stakeholders in turmoil over cladding
crisis
Strata owners corporations are facing insurance premium
rises of 300 per cent in response to the flammable cladding crisis,
while one Sydney owner we spoke to is facing serious financial
hardship from replacement costs. There's an urgent need for
accountability but little action (22 February 2018).
More...
Financiers tell EU to get radical on financing green
projects
A high-level group on sustainable finance has advised
European regulators to incentivise a more favourable treatment for
energy saving loans and mortgages, which could unlock billions in
lending for green building renovation programs and other green
projects (20 February 2018).
More...
High Court rules in favour of ABCC: Court can order
officials personally pay penalties
The High Court of Australia today confirmed the Federal
Court can order a union official to personally pay a penalty and
not seek reimbursement or indemnity from the union (14 February
2018).
More...
Victoria
Prosecutable offences under the Victorian Building
Act 1993
There is a litany of ways by which a property owner or
building practitioner can run afoul of the penalty provisions of
the Building Act 1993 (22 February 2018).
More...
Paying the price for unsafe scaffolding
A Ballarat construction company has been convicted and
fined $25,000 for ignoring WorkSafe directions to fix unsafe
scaffolding at a Mount Clear worksite. The court heard that two
subcontractors said they were directed by a Myrti representative to
work on the roof of the construction, and were not aware there was
a prohibition notice in respect to the scaffolding (20 February
2018).
More...
Victoria's response to cladding discussed at
industry forum
Victoria Building Authority CEO Sue Eddy joined the
Co-Chairs of the Victorian Cladding Taskforce, Ted Baillieu and
John Thwaites, at an industry forum on cladding. Ms Eddy said
"the assertion that buildings are only being declared
retrospectively non-compliant does not stack up against the
evidence the VBA has gathered through its audit program" (15
February 2018).
More...
Record year for building work in Victoria –
112,900 permits valued at $36 billion
The value and number of building permits reported to the
Victoria Building Authority in 2017 was at record levels, with a
total of 112,882 permits issued for work valued at $35.8 billion
(14 February 2018).
More...
New South Wales
New South Wales defect bond scheme is beset with
problems
Few issues force politicians to act on dodgy building
practices more than reports of 85 percent of new apartments being
riddled with defects (23 February 2018).
More...
Under siege: Sydney's medieval infrastructure
governance
Reform of both agency and political governance is a
prerequisite for the delivery of truly city-building infrastructure
(20 February 2018).
More...
Queensland
Jobs for North Queensland as Townsville pipeline
progresses
Eighteen months out from first taps being turned,
economic benefits from the Townsville pipeline duplication project
are already flowing to North Queensland businesses. Work on the
36km pipeline has commenced and is due for completion by the end of
2019 (21 February 2018).
More...
Strong local and global field lines up to build Cross
River Rail
The Palaszczuk Government has today announced the
shortlisted companies for the contract to build Queensland's
highest priority infrastructure project, Cross River Rail.
Queensland Acting Premier, Jackie Trad, said the announcement
followed a comprehensive evaluation by the Cross River Rail
Delivery Authority of the Expressions of Interest received for the
project's two major works packages (20 February 2018).
More...
Resort residents angry at inaction over possible seawall
collapse
A resort built on a beach at Hervey Bay on
Queensland's Fraser Coast could fall apart in the next big
cyclone or significant storm, a recent engineers' report warns,
finding the main seawall at the resort is "not compliant"
(11 February 2018).
More...
Published
Future Cities: Planning for our growing population
Infrastructure Australia: released 23 February
2018
The fifth paper in Infrastructure Australia's Reform
Series. It provides advice to Australian governments on improving
the productivity and liveability of our largest cities as they grow
over the next 30 years.
More...
Paying for affordable housing in different market
contexts
Bill Randolph, Laurence Troy, Vivienne Milligan, Ryan
van den Nouwelant; Australian Housing and Urban Research Institute:
14 February 2018
This study analysed recently completed affordable housing
developments across Australia to ascertain how affordable housing
project costs, revenues and subsidies interact. More...
ACI Construction Briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry.
ACI Construction Brief: Everybody has a view, but ... (19
February 2018).
Australian Bureau of Statistics
21/02/2018: Construction Work Done, Australia, Preliminary, Dec 2017 (cat no. 8755.0)
Practice and courts
Construction code changes planned
The Australian Building Codes Board is seeking feedback
on proposed changes to the National Construction Code
2019. The changes included improved fire safety measures, and
removing the ability to use bonded laminated material where a
non-combustible material is required.
More...
New South Wales
Resources Infographics Snapshot (January 2018)
The Division has created a series of quick reference
sheets highlighting some key facts and numbers relating to
resources in New South Wales (23 February 2018).
More...
Queensland
QBCC: Builders reminded to ensure firefighting equipment
is provided during construction
The Technical Standards Unit (TSU)
within the QBCC has sought to flag this issue with the construction
industry, after identifying concerns with a small number of
builders of multi-storey Class 2 to 9 buildings. The QBCC
Commissioner has notified that some builders had not ensured that
the required firefighting equipment mandated under Part E1.9 of
Volume 1 of the Building Code of Australia (21/02/2018) was
provided during construction (20 February 2018).
More...
Cases
Andriotis v
Victorian Building Authority [2018] FCAFC
24
ADMINISTRATIVE LAW – Mutual Recognition Act
1992 (Cth), Part 3, mutual recognition of occupations
–appeal from decision of the Administrative Appeals Tribunal
affirming the decision of the local registration authority –
where the applicant, a registered waterproofer in New South Wales,
applied for registration as a waterproofer in Victoria –
whether the applicant was entitled to registration in Victoria
– whether registration authority was entitled to take account
of the applicant's "good character" in an assessment
of the application for registration – where s17(2) provides
for an "exception" to the mutual recognition principle
for operation of laws which "regulate the manner of carrying
on" an occupation – where s17(2)(b) provides a
qualification to that exception that those laws may not relate to
the "possession of some qualification" relating to
"fitness to carry on" the occupation – whether
"good character" is a qualification engaging s17(2)(b)
– "good character" is a qualification according to
the natural and ordinary meaning of "qualification"
– nothing in the context and purpose of the provision
requires a meaning other than the natural and ordinary meaning of
"qualification" to be employed – whether the
Tribunal retained a residual discretion to refuse under s20(2)
– s20 not concerned with refusal – registration
authority had no power to refuse application on any ground other
than those contained in ss23(1)(a)–(b) – registration
authority not entitled to separately consider applicant's
"good character" – appeal allowed.
Australian
Building and Construction Commissioner v Construction, Forestry,
Mining and Energy Union [2018]
HCA 3
Leave is granted for the appellant to amend the notice of
appeal in the manner set out in the proposed amended notice of
appeal exhibited to the affidavit of Brendan Charles dated 10
November 2017.
Industrial law – Pecuniary penalties – Where union
official contravened civil remedy provision of Fair Work Act
2009 (Cth) – Where union contravened civil remedy
provision through union official's conduct – Where s546
of Fair Work Act provides court can order person to pay pecuniary
penalty – Where s545(1) of Fair Work Act provides court can
make any order it considers appropriate if satisfied person
contravened, or proposes to contravene, civil remedy provision
– Where pecuniary penalties imposed on both union official
and union – Whether s545(1) or s546 of Fair Work Act or s23
of Federal Court of Australia Act 1976 (Cth) empowers
court to order that union not indemnify union official against
pecuniary penalty – Whether s545(1) or s546 of Fair Work Act
or s23 of Federal Court of Australia Act empowers court to order
that union official not seek or accept indemnity or contribution
from union in respect of pecuniary penalty.
Probuild
Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018]
HCA 4
Appeal dismissed. Administrative law – Judicial
review – Availability of certiorari – Error of law on
face of record – Non-jurisdictional error –
Building and Construction Industry Security of Payment Act
1999 (NSW) – Where Act confers entitlement to
"progress payment" on persons who undertake to carry out
construction work under construction contracts and provides scheme
for determining disputed claims – Where first respondent made
claim for progress payment – Where claim referred to
adjudicator for determination – Where adjudicator made error
of law in reasons for determination – Where reasons form part
of record – Whether Act ousts jurisdiction of Supreme Court
of New South Wales to make order in nature of certiorari to quash
determination for non-jurisdictional error of law on face of
record.
Words and phrases – "clear legislative intention",
"error of law on the face of the record", "interim
entitlement", "jurisdictional error",
"non-jurisdictional error", "order in the nature of
certiorari". Building and Construction Industry Security
of Payment Act 1999 (NSW), Pts 2, 3; Supreme Court Act
1970 (NSW), ss22, 69.
Maxcon
Constructions Pty Ltd v Vadasz [2018]
HCA 5
Appeal dismissed. Administrative law – Judicial
review – Building and Construction Industry Security of
Payment Act 2009 (SA) – Where subcontract provided for
sum to be paid to subcontractor after issue of certificate of
occupancy – Where issue of certificate of occupancy required
certification from builder that building work performed in
accordance with head contract – Where adjudicator appointed
to determine disputed payment claim – Where adjudicator
determined provisions of subcontract ineffective because pay when
paid provisions – Whether adjudicator's determination
involved error of law – Whether adjudicator's
determination should be quashed.
Administrative law – Judicial review – Availability of
certiorari – Error of law on face of record – Whether
Building and Construction Industry Security of Payment Act
2009 (SA) ousts jurisdiction of Supreme Court of South
Australia to make order in nature of certiorari to quash
adjudicator's determination for non-jurisdictional error of law
on face of record.
Words and phrases – "contingent or dependent on the
operation of", "error of law on the face of the
record", "order in the nature of certiorari",
"pay when paid provision", "retention
provisions". Building and Construction Industry Security
of Payment Act 2009 (SA), Pts 2, 3. Development Act
1993 (SA), s67. Development Regulations 2008 (SA),
reg 83, Sch 19A.
Mrdajl v Southern Cross Constructions (NSW) Pty Ltd (In
Liq)
[2018] NSWSC 161
PRACTICE AND PROCEDURE – Civil Liability (Third
Party Claims Against Insurers) Act 2017 –
application– substitution of insurers in certain
circumstances – application for leave pursuant s5 –
requirements of s4(1) – jurisdictional facts
–construction of ss4 and 5 – insufficient evidence
– application refused with costs.
Legislation
Queensland
Bills Re-Introduced into Parliament – 15 February 2018
Plumbing and Drainage Bill 2018
The Bill establishes a new legislative framework for plumbing
and drainage in Queensland, together with the licensing of plumbers
and drainers. The Bill is to repeal the Plumbing and Drainage
Act 2002, and to amend the Planning Act 2016 and the
Queensland Building and Construction Commission Act
1991.
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.