In the media
National
Buildings Day: GBCA commits to net zero
certification
The Green Building Council of Australia will introduce
net zero certification for buildings from 2016, it has announced as
part of the inaugural Buildings Day at COP 21 in Paris. The GBCA
will push for increased minimum energy efficiency standards in the
Building Code of Australia (04 December 2015).
More...
ACIF: Billions Wiped from Australia's Construction
Outlook
Almost $10 billion has been wiped off a key construction
sector forecast over the next four years amid growing signs that
the slowdown in engineering construction will be deeper than
expected (01 December 2015).
More...
Strong pipeline of energy and resources investment
The release of the Resources and Energy Major Projects
report by the Chief Economist of the Department of Industry,
Innovation and Science highlights a strong pipeline of resources
investment in Australia (01 December 2015).
More...
Construction company and director fined after crane
collapses at Prestons school
Southern Cross Rigging & Constructions Pty Ltd and
one of its project managers have been fined more than $55,000
following an incident where a crane rolled over during the
construction of a hall at a Prestons Catholic school (30 November
2015).
More...
ACCC will not oppose Transurban consortium's
proposed acquisition of Brisbane's AirportLink M7
The Australian Competition and Consumer Commission will
not oppose the proposed acquisition of the AirportLink M7 in
Brisbane by a consortium led by Transurban. Tollroad operators
bilaterally agree on roaming fees to ensure the interoperability of
motorists' tags on all Australian tollroads (26 November 2015).
More...
Community invited to comment on New M5 EIS
The Australian and New South Wales governments today
invited the community to comment on the Environmental Impact
Statement (EIS) for the New M5, which will double capacity of the
M5 East corridor (27 November 2015).
More...
Government accepts Harper Review recommendation on road
pricing
In its response to the Harper Review, the Turnbull
Government has announced that it will accelerate work with states
and territories on heavy vehicle road reform and investigate the
benefits, costs and potential next steps of options to introduce
cost reflective road pricing for all vehicles (24 November 2015).
More...
Helping local councils put a dollar value on green
infrastructure
Australia's local councils will find it easier in the
future to demonstrate the value of green infrastructure, such as
pathways and rivers, with the development of the country's
first Economic Framework for Green Infrastructure
(23 November 2015).
More...
Victoria
Supporting Jobs, Reducing Costs For Small Mining And
Quarry Sites
The Andrews Labor Government is introducing a cash bond
option to reduce costs for small-scale miners and quarry operators,
strengthening the industry while supporting jobs and the
environment. (02 December 2015).
More...
New Energy Technologies Discussion Paper
The Victorian Government released a discussion paper on
boosting Victoria's
new energy technology sector and creating new jobs as part of
the $200 million Future Industries Fund. The Labor Government has
identified new energy technologies as one of the six sectors primed
for extraordinary growth (25 November 2015).
More...
Melbourne Metro Rail - Early Works EOI
The first package of works on the biggest public
transport infrastructure project in Victoria's history - Melbourne Metro Rail -
will go to the market tomorrow and begin in just over a year (24
November 2015).
More...
New South Wales
Residential construction high in NSW but non-residential
slowing down
The September Quarter Australian Bureau of Statistics
construction figures for NSW indicate residential construction is
strong but non-residential construction is slowing down (26
November 2015).
More...
NSW achieves outstanding result in $10.258 billion
TransGrid lease
The NSW Government has announced a successful lease of
high-voltage electricity transmission asset TransGrid, unlocking
billions of dollars for investment in new and productive
infrastructure (25 November 2015).
More...
Queensland
$65,000 in fines for unlicensed building work
QBCC takes action when 17 unlicensed workers were
discovered on a construction site at Brisbane's Woody Point
earlier this year (07 December 2015).
More...
Queensland economic boost from $2.6 billion bauxite
investment
Premier Annastacia Palaszczuk has welcomed the
announcement of a $2.6 billion development of one of the
world's largest bauxite deposits in Cape York (27 November
2015).
More...
Investment 'hound' seeks out mining funds
Queensland is to get its first Resources Investment
Commissioner to match-make international investors and
finance-hungry miners and explorers (25 November 2015).
More...
Practice and courts
Heavy Vehicle Safety and Productivity Programme Round
Five opens for applications today
Applications open today for Round Five of the Heavy
Vehicle Safety and Productivity Programme. Up to $107 million is
available for projects including rest area upgrades, road
enhancements, parking and decoupling bays. Applications close on 10
February 2016 (02 December 2015).
More...
Annual Ministerial Infrastructure Statement
The purpose of the statement is to ensure that the
People's House is kept informed and the Government is held to
account for progress on major infrastructure projects outlined
here. (01 December 2015).
More...
Announcements, Draft Policies and Plans released 2015
NSW BPB: More qualifications recognised under
Accreditation Scheme
The Building Professionals Board now recognises more
qualifications as meeting accreditation requirements (04 December
2015).
More...
VBA: Security of Payment case study
A new case study is available to read on how the Security
of Payment Act can assist in recovering outstanding construction
contract payments (04 December 2015).
More...
QLD: raft wind farm state code and guideline
The Department has released its draft wind farm state
code and planning guideline for a second round of public
consultation. The consultation period closes on 11 December
2015.
Have your say by lodging your submission here or email your
submission to windfarms@dilgp.qld.gov.a.
Cases
Saville v Hallmarc Construction Pty
Ltd [2015] VSCA 318
ADMINISTRATIVE LAW – Judicial review –
Adjudication determination under Building and Construction
Industry Security of Payment Act 2002 – Reference date
as a jurisdictional fact – Whether adjudication determination
reviewable for jurisdictional error – Judicial review of
matters not confined to straightforward calculation of time or
where determination is arbitrary, capricious or otherwise
irrational – Chase Oyster Bar Pty Ltd v Hamo Industries
Pty Ltd [2010] NSWCA 190; (2010) 78 NSWLR 393 applied;
Sugar Australia Pty Ltd v Southern Ocean Pty Ltd [2013]
VSC 535 applied – Adjudicator fixed wrong reference
date. CONTRACT – Building contract – Adjudication
determination under Building and Construction Industry Security
of Payment Act 2002 – Scope of works under the contract
– Pre-contractual negotiations – Source of the
construction contract – Whether payment claim served out of
time – Adjudication determination invalid. PRACTICE AND
PROCEDURE – Application to adduce further evidence –
Evidence available and in applicant's possession before trial
– Unclear that adducing evidence would produce different
result – Refaat v Barry [2015] VSCA 218; Clark v
Stingel [2007] VSCA 292, considered. More...
SSC Plenty Road v Construction Engineering (Aust)
(No 2) [2015] VSC 680
ADMINISTRATIVE LAW – Certiorari granted –
Part of determination of an adjudication under the Building and
Construction Security of Payment Act 2002 (Vic) quashed
– Whether invalid parts of determination should be remitted
for redetermination – Whether remitted to same or different
adjudicator – Considerations as to whether remittal should be
to a different adjudicator. BUILDING – Certiorari
granted – Part of determination of an adjudication under the
Building and Construction Security of Payment Act 2002
(Vic) quashed – Whether invalid parts of determination should
be remitted for redetermination – Whether remitted to same or
different adjudicator – Considerations as to whether remittal
should be to a different adjudicator. More...
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