In the media
National
Call for greener best practice
Greener built environments are being held back by a lack of
communication between multiple performance codes and criteria,
according a leading advocate in the industry (03 July 2015).
More...
Billions at risk by Government failures
Billions of tax payer dollars are being put at risk by the federal
and state governments that are failing to adopt more innovative
funding models for transport infrastructure projects, according to
a new report by AECOM and Consult Australia. The AECOM and
Consult Australia Value Capture Road Map identifies billions
of dollars that could be lost if Australia continues to ignore the
additional indirect value created as a result of publically funded
infrastructure (03 July 2015).
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Record-breaking building approvals to aid housing
affordability
Building approvals continue their unbroken upward trajectory,
hitting new records over the past 12 months, according to the
latest data released 1 July from the ABS (01 July 2015).
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Why the Construction Industry Needs to
Innovate
Business leaders are constantly told that innovation is
'essential' to business growth, competitiveness and
productivity in a world of increasing competition and depleting
natural resources (03 July 2015).
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Employment, plus possible mini-boom: ACIF
Forecasts
Employment is the big, good news story coming out of the latest
ACIF Forecasts – despite a decline in mining infrastructure
(01 July 2015).
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IBISWorld reveals the industries set to fly and fall in
2015-16
As Australian companies enter the new financial year, business
information analysts at IBISWorld reveal the industries set to
flourish and those set to flounder over the next 12 months (01 July
2015).
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Victoria
The Crossover Between Court Trials and Misconduct
Inquiries
At a recent VCAT review hearing, a 'double jeopardy' type
argument was run, to the effect that the building practitioner
appealing a misconduct penalty (suspension of registration) should
be able to refer to having been convicted and fined at the
Magistrates Court previously (03 July 2015).
More...
Taking politics out of infrastructure
A new independent body, established to guide Victoria's
infrastructure and planning priorities and oversee growth over the
next 30 years, has been welcomed by the property industry (30 June
2015).
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New Jobs, Investment And Growth For Regional
Victoria
The Andrews Labor Government is putting rural and regional
Victoria back at the heart of the state's economy with the
official launch of the new $500 million Regional Jobs and
Infrastructure Fund (RJIF) (29 June 2015).
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Infrastructure Victoria will allow
consensus
The national infrastructure sector welcomed the introduction of
legislation to establish Infrastructure Victoria today, says
Infrastructure Partnerships Australia (23 June 2015).
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New South Wales
Housing Approvals boost supply of new
homes
Housing supply in NSW has received a major boost, with
construction approvals soaring to levels not seen in 20 years.
Official statistics from the ABS released today show that NSW
recorded 5,374 dwelling approvals for the month (01 July 2015).
More...
NSW home approvals at record levels but non- residential
approvals are falling
The Australian Bureau of Statistics data on building approvals is
positive for dwellings but is dipping for non-residential says, the
Urban Taskforce (01 July 2015).
More...
NSW 'poles and wires' electricity giants
challenge ruling over lower prices
New South Wales' state-owned electricity networks begin a
court challenge that, if successful, will result in consumers
paying hundreds of dollars more for their electricity (01 July
2015).
More...
NSW in the infrastructure fast lane: More milestones
delivered on Sydney Metro Northwest
Big–ticket transport, road, hospital, schools and cultural
projects across the state will be fast–tracked, following a
major cash injection of more than $590 million unveiled in
yesterday's NSW Budget (24 June 2015).
More...
Budget provides $1 billion for simpler planning, and
better infrastructure for NSW
Planning Minister Rob Stokes today announced that the NSW Budget
will invest $1 billion over four years in planning for the homes,
jobs and services NSW needs for the future and making the system
simpler and more efficient. Interactive Mapping the Budget tool
highlights the key areas of spend. You can use the map to explore
projects across planning regions and Local Government Areas (LGA),
or filter by project type (23 June 2015).
More... More...
Queensland
QBCC: Dispute service makes for happy
endings
A year on from introducing an early dispute resolution service,
the QBCC has resolved 1097 dispute cases lodged by builders and
home owners. From 1 June 2015, the service was expanded to help
principal contractors resolve defective or incomplete building work
issues which can arise with their subcontractors (02 July 2015).
More...
Helping hand for first homebuyers in sunshine
state
The Queensland Government's decision to maintain the $15,000
first home owner construction grant keeps the door open for first
homebuyers in Queensland and provides a boost for the state economy
(30 June 2015).
More...
Government awards construction contract for Gateway
Upgrade North project
The $1.162 billion Gateway Upgrade North project has reached a
significant milestone with the successful tenderer for design and
construction announced today (26 July 2015).
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Commonwealth Games Village targets gold level
accessibility standards
All 1,170 apartments in the Parklands redevelopment will be built
to Livable Housing Design Gold Level status (24 June 2015).
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Published – articles, papers, reports
NSW Budget 2015-16
Cabinet, Economy, Education, Health, Infrastructure, Transport.
Key areas including health, infrastructure, jobs, housing and
education have received a boost in the NSW 2015-16 Budget (23 June
2015). More...
Practice and courts
ACCC: issues paper for the East Coast Gas
Inquiry
The issues paper seeks information and responses from industry
participants and other interested parties to assist the ACCC in its
inquiry into the east Coast gas market. Submissions are due by 2
July 2015 (04 June 2015).
More...
QLD: No scheduled fee increase for reporting notifiable
work
The proposed scheduled fee increase for reporting notifiable work
has been delayed (03 July 2015).
More...
QBCC:Suspended or cancelled licensees - 21 Jun - 28 Jun 2015. More...
QLD: Infrastructure update
As councils and water entities in Queensland adopt their annual
budgets and infrastructure charges resolutions, information about
increases to infrastructure charges, and development fees and
charges, are being disseminated (02 July 2015).
More...
VIC: Updated Australian Standard AS/NZS
3500.3
The VBA has produced a Standards Alert Information Bulletin
setting out the key differences between the new 2015 edition of
AS/NZS 3500.3 Plumbing and Drainage Part 3: Stormwater Drainage
versus the 2003 publication (29 June 2015).
More...
VIC: Changes to recycled water inspections from 1 July
2015
The VBA is reminding plumbers that from 1 July 2015, the VBA will
no longer be carrying out mandatory inspections for any stage of
recycled water installations, including stage three
(commissioning).
More...
VIC: Building practitioner registration fees
2015-16
New building practitioner registration fees will take effect on 1
July 2015.
More...
VIC: Fees payable to councils 2015-16
Fees payable to councils will change from 1 July 2015.
More...
VIC: Changes to building and plumbing
fees
New building and plumbing fees will take effect on 1 July 2015.
More...
VIC: Growth Areas Infrastructure Contribution rates have been adjusted for 2015-16 commencing 1 July 2015. More...
Cases
Veer Build Pty Limited v TCA Electrical and
Communication Pty Ltd [2015] NSWSC 864
BUILDING AND CONSTRUCTION – Building and Construction
Industry Security of Payment Act 1999 (NSW) – validity
of payment claim – whether a second payment claim served in
respect of a reference date under contract – whether
adjudicator denied procedural fairness to plaintiff.
More...
Illawarra Retirement Trust v Denham Constructions
Pty Ltd [2015] NSWSC 823
BUILDING AND CONSTRUCTION – Building and Construction
Industry Security of Payment Act 1999 (NSW) – validity
of payment claim – whether reference date available for claim
– reference date arises on last business day of month –
whether contract terminated before last business day of month
– construction of notice of termination – whether
subsequent agreement as to when termination would take effect
– whether inclusion of item concerning amount of security
called upon by principal invalidates payment claim.
More...
Glavan v Abigroup Contractors & Ors [2015]
NSWSC 807
PROCEDURE – civil – application to set aside consent
judgment by third defendant – judgment entered between first
defendant and plaintiff – application of principles in James
Hardie v Seltsam – effect of consent judgment between
tortfeasors PROCEDURE – civil – application for
adjournment – to have issue determined at time of substantive
hearing.
More...
RCR O'Donnell Griffin Pty Ltd v Forge Group
Power Pty Ltd and Ors [2015] QSC 186
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS
AND IMPLIED CONDITIONS – SECURITY AND RETENTION FUNDS –
where subcontractor gave head contractor bank guarantees as
security - where head contractor became insolvent – whether
power to appoint Superintendent extends beyond termination of
contract - whether power of Superintendent to resort to bank
guarantees extends beyond termination of contract – whether
insolvency context influences implied allocation of risk for bank
guarantee - whether Superintendent's demand for liquidated
damages void. CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – THE CONTRACT – REMUNERATION –
CERTIFICATES – GENERALLY – where head contractor became
insolvent – where accrued rights of parties under subcontract
retained by deed of novation - whether liquidated damages are
payable without certificate being issued – whether
Superintendent acted honestly when issuing certificate - whether
certificate validly issued under contract. More...
Sunshine Coast Regional Council v Earthpro Pty Ltd
& Ors [2015] QSC 168
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – PROCEDURAL FAIRNESS – GENERALLY - where the
adjudicator was mistaken about claim dates - where the adjudicator
decided claims based on information not provided by either party -
where the applicant claimed that the adjudicator failed to have
proper regard to submissions made - whether the adjudicator's
actions amounted to procedural unfairness. CONTRACTS –
BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION
– STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF
PROGRESS PAYMENTS – OTHER MATTERS - where part of an
adjudication decision is affected by jurisdictional error - where
the proceeding to challenge the adjudicator's decision was
brought before the Building Construction Industry Payment Act
2004 ("the Act") was amended to include s.100(4) -
whether s.100(4) of the Act applies to the proceeding. ESTOPPEL
– ESTOPPEL BY JUDGMENT – RES JUDICATA OR CAUSE OF
ACTION ESTOPPEL – PARTICULAR CASES - where the respondent was
unsuccessful in a previous adjudication - where the respondent
brought a new claim based on similar facts using a different
contractual clause - where the respondent adduced new evidence -
whether the adjudicator was bound by an issue estoppel - whether
the parties to the adjudication were bound by a decision of a
previous adjudicator. More...
Donovan Hill Pty Ltd v McNab Constructions Australia
Pty Ltd [2015] QCA 114
ADMINISTRATIVE LAW - QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
– where the QBSA issued a number of directions to rectify to
the respondent in respect of an apartment complex – where the
respondent applied to the Commercial and Consumer Tribunal for
review of the decisions to issue the directions – where the
review proceedings became proceedings in QCAT as successor to the
Commercial and Consumer Tribunal – where the respondent
applied under s 42 of the QCAT Act for orders joining an array of
entities as parties to each of the applications – where the
applicant sought to be joined in each review proceeding under the
name Donovan Hill Architects – where a member of QCAT ordered
that the joinder application be dismissed with respect to all
entities sought to be joined – where directions were made
that any application for costs by QBSA or any of the proposed
parties be filed by 18 January 2013 and that the costs applications
be determined on the papers – where the applicant filed an
application for costs – where three of the other proposed
parties also applied for costs – where the Tribunal member
made orders in respect of the applications on 20 August 2013
– where the respondent appealed against those orders and
costs orders made in favour of two of the other proposed parties
– where an Appeal Tribunal of QCAT allowed the appeal, set
aside the costs orders and dismissed the costs applications of the
applicant and the other two proposed parties – where a live
issue in both the application before the member and the appeal to
the Appeal Tribunal was whether QCAT has power to award costs to a
person who successfully resists a joinder application – where
the member concluded that QCAT was so empowered – where the
Appeal Tribunal held that QCAT was not so empowered – whether
the determination of a joinder application under s 42 is in
exercise of QCAT's original jurisdiction or its review
jurisdiction – whether QCAT is empowered to award costs to a
person whom a party to a proceeding in QCAT has unsuccessfully
sought to join in the proceeding. More...
The Avenues Tavern (Townsville) v K P
Architects [2015] QSC 182
TORTS – NEGLIGENCE – APPORTIONMENT OF RESPONSIBILITY
AND DAMAGES – APPORTIONMENT IN PARTICULAR SITUATIONS AND
CASES – where the plaintiff was the owner of a property on
which a tavern was constructed, designed by the defendant
architect, at least in part – where the original design
placed the building on power and sewerage easements, a problem
which required a redesign and caused some delay – where the
plaintiff alleged the delay caused loss to it in the vicinity of
$1.8 million – where the defendant's case was that acts
and omissions of both the local council and a town planner, each of
whom was involved in the planning process, contributed to the loss
claimed – whether the claim was one for economic loss and
whether it was an action arising from a breach of a duty of care
– whether the defendant's claim was apportionable for the
purpose of part 2 of chapter 2 of the Civil Liability Act
2003 (Qld). PROCEDURE – SUPREME COURT PROCEDURE –
QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES
AND PREDECESSORS – PLEADING – where the plaintiff did
not oppose the application by the defendant for a declaration that
the plaintiff's claim against the defendant was an
apportionable claim for the purpose of part 2 of chapter 2 of the
Civil Liability Act 2003 (Qld) – where each party
had sought that the other party pay the costs of the application
– where the declaration would have assisted the defendant to
decide whether or not to join another party or parties to the
proceeding as a third party – whether the plaintiff could
have admitted the allegation of law on the pleadings and consented
to treat the proceedings as one where it was not in issue. 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.