In the media
ARENA selects 22 large-scale solar projects to take next
step
The Australian Renewable Energy Agency (ARENA) has
announced the short-list of projects invited to progress to the
next stage of its $100 million large-scale solar photovoltaic (PV)
competitive round (14 January 2016).
More...
Charges laid for Brazil dam collapse
Brazil's federal police say they will charge three
mining companies, including Samarco and Vale, and seven executives
of those firms with environmental crimes in connection with a
deadly tailings dam breach last November (14 January 2016).
More...
Strengthening the Government's affordable housing
agenda
The Commonwealth Government will establish a working
group to investigate innovative ways to improve the availability of
affordable housing. The Terms of Reference for the working group
and an Issues Paper will be released before the end of January,
along with a call for proposals from interested parties (07 January
2015).
More...
Royal Commission into Trade Union Governance and
Corruption – Final report released
The final report of the Royal Commission into Trade Union
Governance and Corruption has found there is a 'widespread'
and 'deep-seated' culture of lawlessness among many union
officials (30 December 2015).
More...
40% increase in certifications confirms sustainability
is here to stay
The GBCA certified 218 Green Star projects in 2015, a 40
per cent increase on 2014 (16 December 2016).
More...
Victoria
Engineering cadets benefit from Major Projects Skills
Guarantee
Ten per cent of the work on all Victorian funded Major
Projects will be undertaken by apprentices, trainees or engineering
cadets following the announcement of the Major Projects Skill
Guarantee (14 January 2016).
More...
Warrant for arrest issued for convicted sham builder
Michael Issa
The Acting Fair Trading Commissioner said Mr Issa had
traded falsely through a number of company names including Instyle
Developments and First Class Group NSW. Mr Issa has dishonestly
caused financial disadvantage to his customers, by entering into a
building contract he had no intention of honouring and without the
appropriate building licences or home building compensation fund
cover (07 January 2016). More...
New South Wales
NSW housing approvals still at record highs
The NSW housing sector continues to go from strength to
strength, confirmed by today's ABS housing approvals, which are
the sixth-consecutive month of record-breaking figures. Official
ABS data showed there were nearly 66,500 homes given the green
light in the year to November in NSW – the highest result on
record (07 January 2016). More...
NSW breaks construction record for 2014 2015
Planning Minister Rob Stokes welcomed figures showing a
record $34 billion worth of construction was approved last
financial year, driving economic growth and supporting jobs through
a simpler, streamlined planning system (20 December 2015). More...
Queensland
Building Approvals skyrocket in SEQ
Queensland regional building approvals are operating at two
speeds, with South-East Queensland recording positive results and
much of the rest of the state experiencing a slowdown during
November (15 January 2016).
More...
First shipment from Australia Pacific LNG project
Queensland's LNG industry passed another milestone
today with the first shipment from the $US24.7 billion APLNG
project destined for Asia (11 January 2016).
More...
Security for subcontractor payments a step closer
Queensland's subcontractors are closer to being
better protected from non-payment, with the Palaszczuk Government
today releasing the Security of Payment discussion paper (17
December 2015).
More...
Published
Royal commission into trade union governance and
corruption
John Dyson Heydon; Attorney-General's Department
(Australia) Report
Royal Commissioner John Dyson Heydon AC QC delivered his final
report on the Commission's national inquiry into trade union
governance and corruption to the Governor General on 28 December
2015.
More...
Progress in Australian Regions—Yearbook 2015
The new Progress in Australian Regions—Yearbook
2015 identifies trends across Australia's regions tracking
social, economic, environmental and governance indicators (23
December 2015).
More...
The Dangers of Poorly Conceived Building Law
Professor Kim Lovegrove, January 15th, 2016
Reforming jurisdictions often look to other jurisdictions as
models for legal and microeconomic reform. This is an
established law reform methodology, but nevertheless is attended by
considerable danger if the reforming jurisdiction fails to carry
out thorough due diligence on that which purports or is sometimes
"spruiked" as being best practice.
More...
Australian Bureau of Statistics
Engineering Construction Activity, Australia, Sep 2015 (cat no. 8762.0) – 13/01/2016.
Building Approvals, Australia, Nov 2015 (cat no. 8731.0) – 07/01/2016.
Practice and courts
Infrastructure Australia: CEO's newsletter January
2016
The Hon Paul Fletcher MP, Minister for Major Projects,
Territories and Local Government has issued a new
Statement of Expectations to Infrastructure Australia for 1
November 2015 to 30 June 2017. The Department has responded to the
Minister with the new
Statement of Intent, released publicly on 12 January
2016.
More...
Better Apartments Public Engagement Report
The State Government has released a summary of key
findings from its flawed engagement on the internal design and
amenity of new apartments. The
Better Apartments Public Engagement
Report tables feedback to a discussion paper
released in mid-2015, which invited comments on various issues
affecting amenity such as daylight, sunlight, outlook,
space, natural ventilation, noise, outdoor space, adaptability,
landscape, universal design, energy and resources, waste, car
parking and entry/circulation (December 2015).
Cases
BlueScope Steel Limited v Somanchi
[2016] FCA 4
PRACTICE AND PROCEDURE – ex parte application
before the start of proceeding for orders in the nature of a Search
Order, and order prohibiting use of certain identified material
– allegation of misuse of confidential material by
Prospective Respondent, being former employee of Prospective
Applicant – strongly arguable case demonstrated –
prohibiting order made – order in nature of Search Order not
made as sought – order requiring delivering-up of identified
material made; issue of inspection deferred to future inter parties
hearing. More...
Nichols Constructions Pty Ltd v Mt Marlow Pty Ltd
& Anor [2016] QSC 001
PROCEDURE – SUPREME COURT PROCEDURE –
QUEENSLAND – PROCEDURE UNDER THE UNIFORM CIVIL PROCEDURE
RULES AND PREDECESSORS – SUMMARY JUDGMENT – where the
respondent entered into a loan agreement with a company –
where the second defendant was the sole director and shareholder of
the company – where the loan agreement was secured by a
mortgage debenture given by the company to the respondent –
where the second defendant also gave an irrevocable authority as to
the disposition of proceeds of sale of properties being sold by the
first defendant – where the company did not repay the loan
– where the respondent commenced proceedings alleging
breaches of contract by the defendants – where the statement
of claim alleges misleading or deceptive conduct in making the
irrevocable authority – where damages claimed are measured in
the amount as if the proceeds of sale were received – where
the applicants apply for summary judgment or alternatively a
strikeout of relevant paragraphs in the amended statement of claim
– whether summary judgment should be granted – whether
the amended statement of claim should be struck out -
plaintiff is a construction company the second
defendant approached the plaintiff seeking
funding for a construction project at
Laidley. More...
AJ Lucas Operations Pty Ltd v Gladstone Area Water
Board & Anor [2015] QCA
287
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES
– FORMATION OF CONTRACTUAL RELATIONS – AGREEMENTS
CONTEMPLATING EXECUTION OF FORMAL DOCUMENT – WHETHER
CONCLUDED CONTRACT – where the appellant and the respondents
were negotiating to try and settle a dispute between them about the
termination of a joint project for the construction of water and
sewerage pipelines between Gladstone and Curtis Island –
where the primary judge made a declaration that the parties had
entered into a binding contract – where the appellant argues
that the parties did not intend to be bound before the formal
execution of the deed of settlement – where the appellant
argues that no offer capable of acceptance was made by the
respondents – where the appellant argues that the acceptance
of the final offer by the CEO of the appellant was not on the
precise terms of any earlier offer – where the appellant
argues that the representatives of the respondents did not have
authority to bind the respondents and could not have made an offer
capable of acceptance by the appellant – whether there was an
intention to be bound by the parties – whether an offer
capable of acceptance was made by the respondents – whether
there was a difference between the terms of the final offer and the
earlier oral agreement – whether the parties entered into a
concluded agreement. More...
Gambaro Pty Ltd as Trustee for the Gambaro Holdings
Trust v Rohrig (Qld) Pty
Ltd; Rohrig
(Qld) Pty Ltd v Gambaro Pty Ltd [2015] QCA
288
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – REMUNERATION – STATUTORY REGULATION OF
ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – OTHER
MATTERS – where the contractor served a payment claim
pursuant to the Building and Construction Industry Payments Act
2004 (Qld) – where the principal only paid a portion of
the claim – where an adjudicator appointed under BCIPA
subsequently made an adjudication decision that the amount to be
paid by the principal to the contractor was greater than what had
been paid – where the principal paid this amount –
where the principal commenced proceedings for a declaration that it
was not liable for this amount and an order for restitution of the
difference – where the principal argued that because the
adjudicated amount exceeded the total of the amounts assessed by
the superintendent in prior progress certificates it was unjust for
the contractor to retain the excess – where the object of
BCIPA is to ensure that building contractors are entitled to
receive and recover progress payments – where ss 99 and 100
of BCIPA prohibit the contracting out of the provisions of BCIPA
– where BCIPA contemplates that a statutory payment might
differ from the contractual payment – whether the object of
BCIPA was exhausted upon the payment of the adjudicated amount by
the principal – whether the contractor was liable to repay
the adjudicated amount. More...
Monadelphous Engineering Pty Ltd & Anor v
Wiggins Island Coal Export Terminal Pty Ltd
[2015] QCA 290
CONTRACTS – BUILDING ENGINEERING AND RELATED
CONTRACTS – THE CONTRACT – CONSTRUCTION OF PARTICULAR
CONTRACTS AND IMPLIED CONDITIONS – OTHER MATTERS –
where the respondent contracted the appellants' firm to perform
construction work in relation to the construction of a coal export
terminal – where the respondent purported to call on bank
guarantees to secure performance of its contractual obligations
– where the appellants claimed that the contract was governed
by the Queensland Building and Construction Commission Act
1991 (Qld) such that the respondent was precluded from calling
upon the guarantees – where the primary judge found that the
contract was not a "building contract" for the purposes
of the Act – where the primary judge relied upon an earlier
decision of this Court – where that decision considered the
meaning of "building works" and "building
contract" under the Act – whether that decision was
wrong and should be overruled. More...
Kalabakas v Chubb Insurance Company of Australia
Ltd [2015] VSC 705
INSURANCE —Insurance contracts
—Non-disclosure and misrepresentation — Whether
relevant matters were 'known' to insured —Knowledge
of insured's agent of relevant matters —Matters relevant
to decision of insurer —Whether non-disclosure or
misrepresentation was fraudulent —If non-disclosure or
misrepresentation not fraudulent, whether insurer entitled to
reduce its liability to nil — Insurance Contracts Act
1984, ss 21(1), 26, 28 — Permanent Trustee Australia
Limited v FAI General Insurance Company Limited (in liq)
[2003] HCA 25; 214 CLR 514 — Twenty-First Maylux Pty Ltd
v Mercantile Mutual Insurance (Australia) Ltd [1990] VicRp 81;
[1990] VR 919.- insurer of CGB was ordered to pay an amount of
about $400,000 to the Newlands and $80,000 to Mr Ratcliffe as a
result of the property being designed in such a way that it was
structurally defective and should have been demolished.
More...
Winyu Pty Ltd v King &
Anor[2015] ACTSC
387
JUDICIAL REVIEW – Adjudication decision under
the Building and Construction Industry (Security of Payment)
Act 2009 (ACT) – payment claim brought outside
prescribed period – adjudication decision found invalid
– no issue of principle. Building and Construction
Industry (Security of Payment) Act 2009 (ACT) s 15. More...
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.
