In the media
Federal Court orders $1 million penalties in FWBC
Western Australia case
Workers who participated in unlawful industrial action on a West
Australian building site have been ordered to pay penalties
totalling $1,068,000.The respondents in the case were 117 CBI
Construction Pty Ltd (CBI) employees at the Woodside LNG Expansion
Project on the Burrup Peninsula in October 2008 (20 September
2013).
More...
GBCA: green Star rulings slash compliance
costs
The Green Building Council of Australia has released new rulings
in an effort to cut compliance costs for many credits. Responding
to feedback, particularly around the expense of modelling
"daylight", "thermal comfort" and "air
change effectiveness" credits, the new rulings provide
alternative methods estimated to save between $36,000 and $50,000
(19 September 2013). More...
Australian Infrastructure Metric June Qtr
2013
The June Quarter of the Australian Infrastructure Metric completes
the 2012/13 data series, showing a sharp decline in annual
investment including a 35 per cent fall in non-mining investments
(19 September 2013).
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New voice for building designers with creation of
National Alliance
A new alliance has been formed between two of the nation's
largest established state building design associations and is set
to strengthen professional standards of building designers across
Australia (18 September 2013).
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John Holland Bags Roy Hill Railway
Contract
Engineering and civil construction company John Holland has bagged
a $257 million contract to build almost 350 kilometres of railway
for Gina' Rinehart's Roy Hill Iron Ore project in Western
Australia (19 September 2013).
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Builders Back Employment Minister's Pledge to
Restore ABCC
Master Builders Australia Chief Executive Wilhelm Harnisch
strongly backed the new Employment Minister's commitment to
restore the rule of law to Australia's building sites and
crackdown on corruption (18 September 2013).
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Green Building Costs no More than Traditional
Construction
A new report adds further weight to the notion that green building
can be cost competitive when compared with traditional building,
stating the report says strong project management and leadership
are crucial to the development of high efficiency buildings (17
September 20913). More...
BHP and miners consider position over NT seabed
ban
The Northern Territory's reputation as being open to business
is at risk of being damaged after revoking a combined 11 offshore
licenses held by BHP Billiton Northern Manganese and unlisted
Brisbane-based Yukida Resources (11 September 2013).
More...
ISCA: First projects registered for infrastructure
sustainability rating
The Infrastructure Sustainability Council of Australia (ISCA) has
commenced delivering training regularly around the country, along
with the first project registrations for IS ratings, following the
national launch of the Infrastructure Sustainability (IS) scheme
last year(10 September 2013).
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Abbott gives WestConnex green light
Mr Abbott joined New South Wales Premier Barry O'Farrell in
Sydney to announce construction would begin in early 2015 on the
network of underground tunnels linking the city's west and
southwest suburbs with the CBD and airport (19 September 2013).
More...
Short List Unveiled for Sydney's New
Hospital
Three well-known operators of private hospitals have been chosen
to progress to the Request for Proposals phase of the project to
design, construct and operate what will be one of the largest
hospitals in the coastal northern suburbs of Sydney (19 September
2013).
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Sydney CBD Strategy promotes growth
Infrastructure Partnerships Australia say the release of Sydney
City Centre Access Strategy provides a sensible framework to
efficiently manage transport into and across the CBD in the short,
medium and longer term,– the nation's peak infrastructure
body (11 September 2013).
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Queensland pushes Government for urgent approval of
mining projects
Despite a warning from the mining industry over the need to wind
back developments, the Queensland Premier has urged Tony Abbott to
approve massive new coal projects in the state as soon as possible
(13 September 2013).
More...
Qld Government moves closer to re-establish uranium
mining
Mines Minister Andrew Cripps says the Government has accepted the
findings of an independent committee that, with some adaptations,
uranium mining could resume under existing industry regulation and
radiation safety systems (12 September 2013).
More...
New legislation plans to streamline building
disputes
The amendments will enable the building industry watchdog to make
an application to the QCAT for an order to allow it to continue to
act in a dispute while QCAT proceedings are underway. One of the
most common complaints was from people who believed certain
contractors were using this provision in the Act to prevent or
delay the BSA from assisting consumers (11 September 2013).
More...
Arrow LNG project given approval
Queensland Coordinator-General has approved Arrow CSG (Australia)
Pty Ltd's $15 billion Liquefied Natural Gas (LNG) plant at
Gladstone. Arrow proposed a facility that would produce up to 18
million tonnes of LNG a year through a staged development. (10
September 2013).
More...
Expression of Interest released for Princes
Pier
The Victorian Coalition Government has released an Expression of
Interest (EOI) to identify opportunities for the use of Princes
Pier. Any proposed activity will need to accommodate continuing
public access, regular annual events and the berthing of tall ships
and other boats at the pier (20 September 2013).
More...
Next stage set for Ballarat Hospital
expansion
The next stage of the Ballarat Health Services redevelopment,
which will deliver more hospital beds and a helipad to Ballarat, is
about to begin. Contracts have been signed following the awarding
of the tender for the fit-out of Levels 3 and 4 at the Ballarat
Regional Integrated Cancer Centre to building company Harris HMC
(19 September 2013).
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Regional Rail Link a jobs boon for
Victoria
Employment on Regional Rail Link, one of Australia's largest
public transport infrastructure projects, has reached 3,481 –
exceeding initial predictions of how many jobs the project would
create by more than 500 (19 September 2013).
More...
Published – articles, papers, reports
The Business case for green building: A Review of the Costs and Benefits for Developers,
Investors and Occupants
Author: World Green Business Council; M&G Investments et al:
2013 Claims that as long as cost strategies, environmental
strategies and program management are taken into consideration at
the outset of projects, green building should not incur additional
compared to traditional building methods.
More...
In practice and courts
New Coalition Government Portfolio and Minister's
list 2013
The publication of the Prime Minister elect Tony Abbott's
first Ministry list and portfolios is listed, including Deputy
Prime Minister and Minister for Infrastructure and Regional
Development, The Hon Warren Truss MP and Minister for the
Environment, The Hon Greg Hunt MP (16 September 2013). The
Hon Warren Truss MP
More...
Safework Australia: Draft model code of practice for
construction work: public comments
Submissions close 2 October 2013. To view the revised draft Code
and make a submission visit the
Safe Work Australia website.
QLD: QBCC: expressions of interest for positions on the
board
Appointees will require previous senior management or board
experience at a significant organisation and bring a broad range of
relevant building and construction industry experience to the
position. For more information about the board roles (09 September
2013). More...
NSW: Building Services and Operational Guidelines
2013
The Guidelines contain general standards and practical pointers
for managers of commercial buildings in NSW and a quick checklist
to help building managers determine what particular items may be
applicable to their building. To order your copy of the Guidelines,
click here
to download the order form.
Forthcoming Conferences
Australian National Conference on Resources and Energy,
Canberra, 03-04 October 2013
This will provide an opportunity to showcase leading-edge
Australian and international research on key issues such as the
global gas revolution, China's growth prospects, the community
licence to operate, Indigenous communities and mining, renewable
energy developments and also energy efficiency. More...
East Coast Gas Outlook Conference Sydney, 21-22 October
2013
This outlines opportunities and options to secure gas supply on
the east coast of Australia.
More...
International Symposium for Next Generation
Infrastructure, NSW, 01-04 October 2013
SMART Infrastructure Facility at the University of Wollongong
throws open its doors and welcome the international infrastructure
community as we host the International Symposium for Next
Generation Infrastructure (ISNGI),) (02 September 2013).
More...
Cases
McCarthy v State of Queensland [2013] QCA
268
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PROGRESS PAYMENTS – PAYMENT CLAIMS –
where the applicant and respondent entered into a construction
contract – where the applicant made 17 payment claims
pursuant to s 17 of the Building and Construction Industry Payments
Act 2004 (Qld) (the Act) – where payment claim 17 claimed
$272,987 in respect of under-measures on the Bill of Quantities
– where the respondent contended that the payment claim
contravened s 17(5) of the Act as it was in respect of work
previously claimed for and paid in relation to earlier reference
dates – where the applicant swore that these matters had not
been included in any prior claim – where the respondent
failed to serve a payment schedule on the applicant under s 18 of
the Act – where s 19 of the Act gave the applicant a prima
facie right to judgment for the unpaid amount of its claim if the
respondent failed to serve a payment schedule – where the
primary judge refused to make a finding as to whether payment claim
17 infringed s 17(5) of the Act and refused the applicant's
application for summary judgment pursuant to r 292 of the Uniform
Civil Procedure Rules 1999 (Qld) – whether the payment claim
contravened s 17(5) of the Act – whether summary judgment
should be granted. More...
Ooralea Developments Pty Ltd v Civil Contractors (Aust)
Pty Ltd & Anor [2013] QSC 254
CONTRACT – BUILDING, ENGINEERING AND RELATED CONTRACTS
– THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS
AND IMPLIED CONDITIONS – where the applicant, as principal,
entered into a contract with the first respondent, as contractor,
for the performance of certain works in connection with a
subdivisional development – where there was a dispute as to
the amount of a payment claim owed by the applicant to the
respondent under the Building and Construction Industry Payments
Act 2004 (Qld) ("BCIPA") – where there was an
adjudication which determined the amount to be paid by the
applicant to the respondent - where the applicant applied for a
declaration that the adjudicator's decision is void and an
injunction to restrain the respondent from enforcing the
adjudicator's decision – whether the declaration voiding
the adjudicator's decision should be made – whether the
injunction should be granted. More...
Russell v Queensland Building Services Authority [2013]
QCAT 391
REVIEW - Statement of Reasons – where applicant contends the
respondent's statement of reasons is deficient – where
deficiencies are particularised in the application –
consideration of the function of the tribunal on a review
application – where relevant evidence can be submitted in the
review application. McNabb Constructions Pty Ltd v Queensland
Building Services Authority [2013] QSC 2013 Kehl v Board of
Engineers [2010] QCATA 58. More...
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.