In the media
Fall in business investment points to slowing GDP, but
prospects look brighter
The headline fall in capex spending by Australian business
was unexpected, but there were some promising signs for next year
in investment intentions (29 November 2018). More...
It was a collapse that stunned many - so what went wrong
for RCR Tomlinson?
Just three months after one of the oldest engineering
names in Australia raised $100 million from shareholders to buffer
itself after taking a big hit on two solar farm projects, the
company has gone into administration. It was a $57-million
write-down on the value of two of its Queensland projects that got
it in trouble and should have raised red flags (23 November 2018).
More...
CRC lays foundations for low carbon built environment
future
Now in its final year of funding, the CRC for Low Carbon
Living has significantly contributed to lowering carbon emissions
in Australia’s built environment. Over 120 CRCLCL projects
have produced excellent results, such as the Built to Perform
report which proves that changes to the National Construction Code
could improve energy efficiency in Australian buildings by up to 56
per cent and cut household energy bills by $200-900 per year (27
November 2018). More...
Australia's tallest timber building makes a towering
case for eco-friendly construction
Lured by their superior sustainable qualities, high-rise
developers around the world are increasingly turning to timber
materials for construction, and a newly completed office tower in
Australia is the latest shining example of this (27 November 2018).
More...
Workers 'lose thousands' as attempts to chase
entitlements met with silence
A northern Victorian construction company that owes almost
$1 million in unpaid super and wages is facing legal action from
the Australian Tax Office (23 November 2018). More...
Australia’s first national building census
launched
An Australian government-owned company has launched the
country’s first building census which maps every building
with a roof area of more than nine square metres. The data set
collects information on the location, elevation, height, roof
materials and footprint of a building as well as the presence of
solar panels, nearby trees and swimming pools (21 November 2018).
More...
$21 million for smart cities projects
The Federal Government has announced $21 million in
funding for Round Two of the Smart Cities and Suburbs Program. The
program will assist 32 innovative projects that will improve
liveability for Australian communities (21 November 2018). More...
New South Wales
New South Wales adopts Commonwealth security of payment
recommendations
The Coalition Government welcomes legislation passing
through the New South Wales Parliament to protect subcontractors
working in the state’s construction industry. The reforms in
New South Wales adopt key recommendations of the national Review of
Security of Payment Laws (29 November 2018). More...
Building disaster resilience into our critical
infrastructure
The New South Wales Government has released the inaugural
New South Wales Critical Infrastructure Resilience Strategy
(CIRS) which seeks to improve the resilience of
the essential services that our communities rely so heavily on (27
November 2018). More...
Multimillion-dollar asbestos dumping fines
Asbestos dumpers now face multimillion-dollar fines under
new laws passed by the New South Wales Government (22 November
2018). More...
Green light for Sydney Modern Project
The $344 million Sydney Modern expansion of the Art
Gallery of New South Wales has received planning approval, New
South Wales Arts Minister Don Harwin has announced (21 November
2018). More...
Queensland
Queensland infrastructure delivered using more efficient
digital methods
The Queensland government’s infrastructure of the
future will now be delivered using more efficient digital methods
due to the implementation of building information modelling
(BIM) principles (29 November 2018).
More...
Adani to begin construction on scaled-back Carmichael
mine
The mining giant said a scaled-down mine and rail project
would be 100 per cent financed through the Adani’s
Group’s resources. The announcement follows recent changes to
simplify construction and reduce the initial capital requirements
for the project (29 November 2018). More...
New financial reporting to help protect building
industry jobs
Queenslanders working in the building and construction
sector will soon have greater protection from the devastating
impact of company collapses (29 November 2018). More...
Victoria
Victoria’s triple-A rating drives infrastructure
projects
International credit agency Moody’s Investors
Service has reconfirmed Victoria’s triple-A credit rating,
giving the State Government the financial resources it needs for
infrastructure projects (28 November 2018). More...
Building Better Schools – In Richmond and across
Victoria
The Andrews Labor Government isn’t wasting a minute
building the Education State, with nine new public schools on track
to open next year and the Government appointing builders to start
delivering 11 schools across the state that will open in 2020 (30
November 2018). More...
Published- articles, papers, reports
Decision support systems for a sustainable management of
the indoor and built environment
Jan K. Kazak, Joost van Hoof; Indoor and Built
Environment: 18 November 2018.
Smart city and smart home concepts have become increasingly
popular, especially in the last decade. Many people have positive
notions of living in a smart city or smart home, but not too many
users can really define what these concepts mean. More...
Matching markets in housing and housing assistance
Andrea Sharam, Martin Byford, Bilgehan Karabay, Sean
McNelis, Terry Burke; Australian Housing and Urban Research
Institute: 22 November 2018. This study identified five Australian
housing markets that could use online technology to match highly
specific ‘buyers’ and ‘sellers’. More...
ACI Construction Briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry (26 November
2018). More...
Australian Bureau of Statistics
28/11/2018 Construction Work Done, Australia,
Preliminary, Sep 2018 (cat no. 8755.0)
In practice and courts
New South Wales
Combustible cladding regulation
Under the new Regulations, owners of certain buildings
with external combustible cladding are required to register their
building with the New South Wales Government through the Cladding
Registration portal. For buildings occupied before 22 October 2018,
the deadline for registration is 22 February 2019. Owners of new
buildings will be required to register their building within four
months of the building first being occupied (updated 28 November
2018). More...
New dates for Environmental Planning & Assessment
Act updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act
updates. Changes affect new provisions for building and subdivision certification,
local strategic planning statements for
councils in the Greater Sydney Region and Community Participation Plans. While
most of the changes commenced on 1 March 2018, there will be a
number of other changes that will involve further design and
consultation from mid to late 2018.
Queensland
Information sessions about QBCC financial
requirements
Almost half of all financial documents submitted to the
Queensland Building and Construction Commission are either
incorrect or require clarification (30 November 2018). More...
Building Queensland: Current case studies
Building Queensland leads the development of Queensland
Government detailed business cases with an estimated capital cost
of over $100 million. Projects currently being led by Building
Queensland are outlined here , including the two latest - Cairns
Bruce Highway Upgrade Master Plan - Stage 3 Edmonton to Gordonvale
and Stage 4 Kate Street to Aumuller Street (November 2018).
More...
Cases
Goodwin Street Developments Pty
Ltd v DSD Builders Pty Ltd [2018] NSWCA
276
ADMINISTRATIVE LAW – judicial review – content
of obligation to act in good faith – whether lack of good
faith established by failure to “grapple with” all
matters decision-maker required to consider – whether lack of
good faith requires wilful blindness or conscious maladministration
BUILDING AND CONSTRUCTION – adjudication of payment claim
– review of adjudicator’s decision –
circumstances in which adjudicator’s decision invalid for
lack of good faith – whether decision reviewable for failure
to “grapple with” all matters adjudicator required to
consider – Building and Construction Industry Security of
Payment Act 1999 (NSW), ss 10(1)(b), 22(2).
Goodwin Street Developments Pty
Ltd v DSD Builders Pty Ltd [2018] NSWSC
1791
BUILDING AND CONSTRUCTION – application by owner to
quash adjudicator’s determination in favour of builder
dismissed by judge of the division and confirmed by Court of Appeal
– whether funds paid into court by owner pending challenge to
the determination should be retained in court pending determination
of underlying building dispute – where judge hearing
application to quash determination had rejected such an application
– where Court of Appeal refused to entertain application
– whether factors of inability of builder to repay
established – whether any factors beyond those available to
owner when making original application established.
Livingstone Shire Council v
EarthTEC Pty Ltd and Ors [2018] QSC
271
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – OTHER MATTERS – where the applicant submits
that the adjudicator’s decision is void for jurisdictional
error – where the applicant alleges the adjudicator erred in
their construction of s 26(2) of the Building and Construction
Industry Payments Act 2004 (Qld) – where the applicant
further alleges that there was a failure by the adjudicator to
provide natural justice – where the respondent submits that
the construction of s 26(2) was correct – where there were
submissions regarding the intersection of the
Subcontractors’ Charges Act 1974 (Qld) and the
Building and Construction Industry Payments Act 2004 (Qld)
– where the adjudicator determined he did not have the
jurisdiction to consider such matters – where the parties
were asked four times to provide further submissions – where
the parties were not asked to address the adjudicator on the
jurisdiction issue – whether the construction of s 26(2) by
the adjudicator is correct – whether the construction of s
26(2) is jurisdictional error of the kind that would justify
setting aside the decision – whether there was a failure to
accord natural justice.
CSR Building Products Limited v
Halstead [2018] QDC 241
APPLICATION TO SET ASIDE DEFAULT JUDGMENT – whether
default judgment was regularly or irregularly obtained – the
extent to which rule 430 limits the use of statements based on
information and belief – where the judgment was regularly
entered – where the defendant never received the
documentation the subject of the order for substituted service
– where the defendant has not delayed in making the
application to set aside default judgment – where there is no
draft defence so no finding can be made as to prima facie
defence.
Cornonero v Bright Moon Buddhist
Society [2018] VSC 737
ADMINISTRATIVE LAW – Judicial review – Relief
in the nature of certiorari – Whether adjudication
determination is vitiated by jurisdictional error – Supreme
Court (General Civil Procedure) Rules 2015 (Vic), r 56.
BUILDING CONTRACTS – Review adjudications – Application
for review by respondent – Requirement for respondent to pay
adjudicated amount other than alleged excluded amounts to claimant
– Where respondent transfers funds before making review
application – Where funds clear after making review
application – Requirement for respondent to pay alleged
excluded amounts into designated trust account – Where
respondent pays undisputed amounts to claimant instead of into
trust – Building and Construction Industry Security of
Payment Act 2002
(Vic) s 28B(5), s 28B(6).
STATUTORY INTERPRETATION – Legislative intention –
Statutory precondition to review application – Where
respondent took partial steps of compliance – Need for strict
compliance – Meaning of ‘paid’ – Electronic
funds transfer – Whether ‘paid’ requires
clearance of funds in recipient’s bank account.
Webb v Spectre Group Pty Ltd (in
liquidation) [2018] VSC 704
DOMESTIC BUILDING – Claim by owners for costs of
completion of a house – Assessment of damages – Actual
cost of completion of building works – Expert estimates of
completion costs – How assessed – No defence that
actual costs unreasonable, excessive or of failure to mitigate
– Failure to disclose a path of reasoning –
Victorian Civil and Administrative Tribunal Act 1998 (Vic)
ss 148, 117(5).
Seecamp v Michael Parker
Building Pty Ltd (Building and Property)
[2018] VCAT 1806
Building and property list - Application for reinstatement
- matter previously settled - no new fact or circumstances. Costs-
no reasonable basis in fact of law for making application.
Victorian Civil and Administrative Tribunal Act 1998 (Vic)
- s 109. The Applicants’ application for reinstatement is
dismissed.
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.