In the media
Commonwealth
Moveable solar power shifts closer to commercial
reality
Laing O'Rourke's moveable solar-diesel power
plant with advanced control systems has been successfully piloted
and will be commercialised through the newly formed SunSHIFT Pty
Ltd (08 April 2016).
More...
Capturing the value of the private sector on transport
connectivity
National and international private sector infrastructure
companies will have the opportunity to discuss pricing mechanisms
for new or improved transport infrastructure projects in Sydney
tomorrow as part of the inquiry into the role of transport
connectivity on stimulating development and economic activity (06
April 2016).
More...
Grattan Institute: Roads to Riches: Better transport
spending
Australian governments have spent unprecedented sums on
transport infrastructure in the past decade, and while important
projects have been built, the overall investment has been poorly
directed (03 April 2016). More...
Engineering firms fined $1.5m over worker's death at
Southbank
Two national engineering companies have been fined $1.5
million for criminal safety violations after a worker fell 40
metres to his death in Melbourne's Southbank precinct (28 March
2016).
More...
Victoria
Monash upgrade the centrepiece of
Turnbull Government's Victorian infrastructure package
The Turnbull Government has committed to an additional
$1.5 billion to get on with essential infrastructure to support
Victoria's regions and ensure Melbourne retains its mantle as
one of the most liveable cities in the world (08 April 2016).
More...
PM gives Victoria spending list for shelved East West
Link funds
The Prime Minister gives Victoria a list of road and rail
projects to be paid for with $1.5 billion earmarked for
Melbourne's dumped East West Link, demanding a "dollar for
dollar" contribution from the State Government (04 April
2016).
More...
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Victorian houses need better energy standards, and a
scorecard might help
Victoria could be one step closer to mandatory
residential energy efficiency ratings, after extremely poor results
were returned from a trial of a Residential Efficiency Scorecard
designed for Victorian homes.
More...
New South Wales
"Construction king' Sydney dominates Crane
Index
Almost half of Australia's cranes are on Sydney's
skyline making it the nation's "construction king",
the latest RLB Crane Index shows. Treasurer Gladys Berejiklian said
the New South Wales Government's state focus on delivering new
roads, rail, hospitals and schools has boosted the construction
sector (097 April 2016).
More...
New South Wales housing approvals continue to fall
The February data on housing approvals indicates a
continuing fall in NSW from June 2015, says the Urban Taskforce (06
April 2016).
More...
Queensland
Palaszczuk Government will establish new authority to
deliver Cross River Rail
The Palaszczuk Government has announced plans to
establish an authority to deliver Cross River Rail, the number one
priority infrastructure project for Queensland (07 April
2016).
More...
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Infrastructure funding process less burdensome
Queensland councils can take advantage of the new
streamlined application process for the $200 million Building Our
Regions program. Applications for the second round, in which $70
million will be allocated, opened on Monday. Local Government
Association of Queensland chief executive officer Greg Hallam said
the new application process would reduce the burden on councils (07
April 2016). More...
$1 billion hotel to boost tourism economy and support
2,700 jobs for Gold Coast
Construction has now started on a $1 billion hotel
development on the Gold Coast, which will provide a significant
boost to the city's high-end tourism market (06 April
2016).
More...
Construction on track in race to 2018 Commonwealth
Games
With two years to go until the Gold Coast 2018
Commonwealth Games, the $320 million construction program for
competition venues is on track and on budget, with all new and
upgraded facilities set to be delivered within the next 12 months
(04 April 2016).
More...
Carmichael mine approvals put thousands of new jobs step
closer
Thousands of new jobs in regional Queensland have come a
major step closer with approval of the mining leases for the $21.7
billion Carmichael coal mine and rail project in the State's
Galilee Basin (03 April 2016).
More...
Giant step forward for new biofuels industry in
Queensland
A $16 million advanced biofuels pilot plant will be built
at Southern Oil Refining's Yarwun plant at Gladstone, a
'giant' step towards securing a large-scale biofuels
industry in Queensland (29 March 2016).
More...
Published
Roads to Riches: Better transport spending
Grattan Institute
Our big cities are the engines of Australia's economic growth,
but investment has not prioritised vital urban freight and
passenger routes (released 03 April 2016). More...
Is 'Shovel-Ready' the Right Test? Sensible
Objectives for Commonwealth Infrastructure Policy
Paul Fletcher Speech delivered at the Centre for
Independent Studies Leadership Luncheon 05 April 2016, Sydney
Is 'Shovel-Ready' the Right Test? Sensible Objectives for
Commonwealth Infrastructure Policy.
Cases
Kyle Bay Removals Pty Ltd v Dynabuild Project
Services Pty Ltd [2016] NSWSC
334
BUILDING AND CONSTRUCTION – adjudication of payment
claim under Building and Construction Industry Security of
Payment Act 1999 (NSW) – whether payment claim should be
set aside – where payment claim made for same amount and
works as earlier payment claim and no works completed after earlier
claim – where building contract allowed for later reference
date – whether two payment claims made in relation to same
reference date contrary to s 13(5) – where earlier payment
claim not accompanied by supporting statement contrary to s 13(7)
– whether earlier payment claim served for purpose of s 13(5)
– whether payment claim made in contravention of s
13(8).
More...
John Urquhart t/as Hart Renovations v Partington
& Anor [2016] QCA 087
APPEAL AND NEW TRIAL – APPEAL – GENERAL
PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES –
where the applicant seeks leave to appeal under s 150(3) of the
Queensland Civil and Administrative Tribunal Act 2009
(Qld) against a decision of the Appeal Tribunal of the Queensland
Civil and Administrative Tribunal (QCAT) which set aside the
decision of a Tribunal Member – whether the interests of
justice warrant the Court's intervention. CONTRACTS
– BUILDING, ENGINEERING AND RELATED CONTRACTS –
REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND
RECOVERY OF PROGRESS PAYMENTS – PROGRESS PAYMENTS –
where the applicant performed domestic building work on the
residence of the respondents – where a dispute arose in
connection with the respondents' failure to pay the
applicant's progress claim – where the respondents assert
the works had not reached the enclosed stage and there were defects
– where in first instance the Queensland Civil and
Administrative Tribunal Member concluded the enclosed stage had
been reached and the respondents' failure to pay the progress
claim put them in substantial breach of the contract – where
the Appeal Tribunal of the Queensland Civil and Administrative
Tribunal concluded the Member had erred in finding the enclosed
stage had been reached – whether the Appeal Tribunal erred in
its interpretation of "structural flooring" and its
conclusion on the topic of whether the enclosed stage of the
building works had been reached. More...
Metricon Homes v Softley
[2016] VSCA 60
APPEALS – Court of Appeal – Application for
leave to appeal against decision of Victorian Civil and
Administrative Tribunal – Whether Supreme Court Act
1986 ss 14A–14D apply – Whether 'real prospect of
success' test in Supreme Court Act 1986 s 14C applies
– Comparison of 'real prospect of success' test with
test in Secretary to the Department of Premier and Cabinet v
Hulls [1999] 3 VR 331 – Victorian Civil and
Administrative Tribunal Act 1998 s 148 – Ikosidekas
v Karkanis [2015] VSCA 121 considered. STATUTORY
INTERPRETATION – Legislative intention – Interpretation
of two State Acts – Whether inconsistency arises –
Victorian Civil and Administrative Tribunal Act 1998 s 148
– Supreme Court Act 1986 ss 14A–14D.
JUDICIAL REVIEW – Application for leave to appeal against
decision of Victorian Civil and Administrative Tribunal –
Building contract – Applicant's breach of contract
resulted in slab heave and structural distress in respondents'
house – Whether Tribunal erred in assessing damages as cost
of demolishing and rebuilding house – Whether Tribunal failed
to provide adequate reasons – Bellgrove v Eldridge
[1954] HCA 36; (1954) 90 CLR 613, Tabcorp Holdings Ltd v Bowen
Investments Pty Ltd [2009] HCA 8; (2009) 236 CLR 272 and
Kirkby v Coote [2006] QCA 61 applied – Leave to
appeal granted – Appeal dismissed. More...
Legislation
Queensland
No 30 Queensland Building and Construction Commission Amendment Regulation (No. 1) 2016 -01 April 2016 - Queensland Building and Construction Commission Act 1991 - The objective of the Queensland Building and Construction Commission Amendment Regulation (No. 1) 2016 (QBCCAR) is to make minor amendments to the Queensland Building and Construction Commission and Other Legislation Amendment Regulation (No. 1) 2016 (QBCCOLAR) to refine the scope of two licensing amendments due to commence on 1 April 2016. This amends the Queensland Building and Construction Commission Act 1991 – to Clarifying that Builder – Low Rise and Builder – Medium Rise licensees cannot undertake higher risk fire protection work.
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.
