In the media – National
55 sustainable investment options for a brave new
world
Produced by the UN Global Compact, a new report is based on a
survey and consultation with more than 17,000 business leaders
across five continents. The construction industry – with
constructed objects accounting for 25-40 per cent of the
world's carbon emissions and a large percentage of total solid
waste – is targeted for action (22 March 2018).
More... More...
Australia needs better regulation for building
certifiers
"They are in a very difficult position because, on the one
hand, they have been given a responsibility to protect the public
interest — that is, the regulatory — and, on the other
hand, they have been given a commercial relationship with the
client," noted Australian Building Codes Board general manager
Neil Savery before the Senate Inquiry into Non-Conforming Building
Products (21 March 2018).
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Business conditions at record high despite sluggish
economy
Last week's GDP numbers may have been sub-par but business is
happy, as higher sales and profits boost conditions to a record
high, according to the NAB (13 March 2018).
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In the media – Victoria
Shovels in the ground for MREP an Australian
first
Melbourne Renewable Energy Project partners and Pacific Hydro will
today celebrate the official start of construction on a new 80 MW
wind farm in Crowlands, near Ararat. The wind farm will provide
electricity to 14 leading organisations which have combined their
purchasing power to support the development of new renewable energy
infrastructure in regional Australia (23 March 2018).
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Builder deregistered, disqualified and fined $15,000 for
21 breaches
The Victorian Building Authority has deregistered, disqualified and
fined a registered building practitioner $15,000 for 21 breaches of
the Building Act (20 March 2018).
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Goulburn Valley receives major regional jobs and funding
boost
Businesses, jobseekers and workers in the Goulburn Valley are the
big winners from the announcement of successful projects under the
Australian Government's Regional Jobs and Investment Package
(16 March 2018).
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Victorian infrastructure investment reached $4.7bn over
last six months
The Victorian Government has reported that its economy is strong,
growing and well equipped to meet current and future challenges
according to their 2017-18 Mid-Year Financial Report. Net
infrastructure investment for the general government sector
totalled $4.7 billion over the six months, up $700 million on the
previous period (16 March 2018).
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In the media – New South Wales
Call for submissions on cladding
NSW Fair Trading Commissioner, Rose Webb, has today called for
public submissions about whether a building product use ban is
warranted on certain types of external cladding. This is the first
time a call for submissions about building product safety has been
made in New South Wales since the new Building Product Safety Act
was passed by Parliament last December (23 March 2018).
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New South Wales infrastructure vision
released
State Premier Gladys Berejiklian released the New South Wales State
Infrastructure Strategy, the state's Future Transport Strategy
2056 and the Greater Sydney Region Plan. For the first time, these
plans were developed together to deliver important long-term
outcomes for the future (18 March 2018).
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In the media – Queensland
Brisbane's Eagle Street to be transformed under
'city-shaping' proposal
Development company Dexus proposes to resume parts of Eagle Street
in order to build a new waterfront hub, with two new towers and
about 1.5 hectares of public space (23 March 2018).
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Solar trial shines on local communities
Almost 500 public housing households in Lockhart River, Cairns and
Rockhampton are hooked up to clean energy, and saving money, under
a Palaszczuk Government's solar energy initiative (22 March
2018).
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Collaboration leads to lower-cost, quality
infrastructure
Queensland's Department of Transport and Main Roads has
partnered with the Australian Road and Research Board
(ARRB) to research and develop solutions for
improving the state's roads and pavements (21 March 2018).
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Anti-Adani protesters say $80k in fines 'out of
balance' with miner's $12k pollution penalty
Protesters who shut down part of Adani's north Queensland coal
port have questioned why they were collectively fined almost
$80,000 — more than six times what the mining company faces
for dumping coal-polluted water (16 March 2018).
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Void of high rise to be filled by housing
Master Builders Deputy CEO, Paul Bidwell said the latest building
approvals data from Australian Bureau of Statistics
(ABS) painted an optimistic picture for the
Sunshine State and specifically, regional Queensland as detached
dwellings and ouses move to the fore (15 March 2018). More...
Published
Future transport strategy 2056
Transport for New South Wales; Government of New South Wales:
18 March 2018
Continued planning is critical if New South Wales is to have a
world-class transport system with infrastructure investments that
support growth and meet the aspirations for how we want to travel
and live. More...
ACI Construction Briefs
A fortnightly communication highlighting key updates related to
Australia's construction industry (19 March 2018).
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Negotiate and stay out of court - the case of mediation
in real estate
RICS Feature Article: 23 March 2018
Mediation is growing rapidly in popularity as a dynamic and
multi-faceted practice in many countries, including Australia,
which has been increasingly integrated into both new and existing
legislation.
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Practice and courts
Economics References Committee Inquiries
Governance and operation of the Northern Australia Infrastructure
Facility (NAIF)
Status: Submissions Closed. Date Referred: 14 June 2017. Reporting
Date: 24 April 2018.
Non-conforming building products
Status: Submissions Closed. Date Referred: 11 October 2016.
Reporting Date: 30 April 2018.
Infrastructure Australia: Updated assessment
framework
In accordance with its requirements under the Infrastructure
Australia Act 2008, Infrastructure Australia is committed to
undertaking regular reviews of the cost–benefit analysis
methodology that forms part of our Assessment Framework, which is
used by Infrastructure Australia to assess submissions and
proposals.
The review was completed and the Assessment Framework has
been finalised following feedback from stakeholders on previous
editions. A report into the review and the new Assessment
Framework documentation is available
here.
New South Wales
Department of Finance: Update on the Fire Safety and
External Wall Cladding Taskforce
22 March 2018:
Update on the Fire Safety and External Wall Cladding
Taskforce.
Public submissions on cladding
Submissions are being sought about a range of issues set out in the
Notice issued by the Commissioner. The call is seeking input about
the kinds of issues that should be considered including the range
of uses of products, uses on different types of buildings, and by
different people, and whether any conditions should be attached to
product uses. Submissions close on 23 April 2018 and can be made in
writing to NCBP@finance.nsw.gov.au.
More information about cladding and the call for submissions can be
found at www.fairtrading.nsw.gov.au
(23 March 2018).
More...
Queensland
QBCC: Does your company contract for fire protection
work? Find out what licences are required.
When it comes to fire protection work, companies contracting for
fire protection work and all practitioners carrying out or
supervising fire protection work require a licence. Details are
outlined here (22 March 2018).
More...
Master Builders Queensland: BIF changes to impact
subcontracts
Upcoming BIF legislation changes require an interim change to
Master Builders' Period Subcontract Agreement and Subcontract
Agreement. A Special Conditions addendum to each of these contracts
is now available to take care of the changes required for contracts
signed now that will run past 1 July 2018 (20 March 2018).
More...
Cases
Primelime (NSW) Pty Ltd v B.A.E.C. Contracting Pty Ltd [2018] NSWSC
372
BUILDING AND CONSTRUCTION – Building and Construction
Security of Payment Act 1999 (NSW) – whether
adjudication determination valid – whether construction
contract existed between the parties to the adjudication
application – whether payment claim made on or from a
reference date – where contract was terminated – where
contract did not provide for reference dates after termination
– whether work performed under a subsequent, fresh contract
– adjudication determination quashed.
Mann v Paterson Constructions Pty Ltd [2018] VSC
119
RESTITUTION – Work and labour done – Building contract
– Wrongful repudiation accepted by builder – Quantum
meruit as alternative to contract damages – Measure of value
– Relevance of contract price – Relevance of
builder's actual costs – Undocumented variations to scope
of works – Whether such variations affect quantum meruit
claim by virtue of Domestic Building Contracts Act 1995
s38.
ADMINISTRATIVE LAW – Appeal from VCAT on questions of law
– Whether VCAT erred in law in calculating quantum meruit for
building work – No error of law – Appeal dismissed
– Victorian Civil and Administrative Tribunal Act
1998 s148.
Other
Duro Felguera Australia Pty Ltd -v- Samsung C&T
Corporation [2018] WASCA 28
Administrative law - Judicial review - Determination by
adjudicator under Construction Contracts Act 2004 (WA) -
Whether jurisdiction of adjudicator limited to determination of
merits of payment claim giving rise to the payment dispute -
Whether open to adjudicator to find that amount payable was to be
increased on the basis of wrongful denial of liability in relation
to an earlier payment claim - Whether court has power to sever
invalid and valid portions of adjudicator's determination and
enforce valid portion. Construction Contracts Act 2004
(WA); Interpretation Act 1984 (WA). Appeal allowed in
part.
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.