In the media
Building efficiency for jobs and growth
An advocacy agenda released today by a coalition of
industry bodies is calling on governments to make every building
count in Australia's economic recovery (21 July 2020).
More...
AIA survey reveals need for economic stimulus as
pandemic stalls pipeline
The COVID-19 pandemic has resulted in a significant
stalling of construction projects, finds a new survey by the
Australian Institute of Architects. It identifies energy efficiency
incentives, public building upgrades and investment in social and
affordable housing as priority areas for stimulus (21 July 2020).
More...
Construction: Great expectations for economic
recovery
Unifying global themes are emerging from differing
government construction recovery plans. These themes provide
insight for construction professionals to fully embrace new
recovery opportunities (15 July 2020).
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Build community housing to help beat the COVID-19
recession, Federal Government urged
The nation's largest community housing advocacy group
is urging the Government to invest in more social housing not only
to help those in need get a roof over their heads, but as a major
boost to the economy during the COVID-19 recession (15 July 2020).
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HIA: Pressure on home building prior to COVID
There was a modest lift in dwelling starts in the March
2020 quarter but new starts were still eclipsed by completions.
There were more new homes completed than new projects getting
underway and as a consequence there are now fewer active building
sites around the country (15 July 2020).
More...
HIA: New Home Sales Soar in Response to
HomeBuilder
New Home Sales have risen by 77.6per cent in June, from a
record low result in May, off the back of the Government's
HomeBuilder program announced at the beginning of the month,"
commented HIA Chief Economist, Tim Reardon (13 July 2020).
More...
New South Wales
Outer Metro Sydney suffers in peak: IPA and Uber
Report
Infrastructure Partnerships Australia's Australian
Travel Time Metric - Australia's regular measurement of actual
road network performance using anonymised and aggregated Uber data
- shows Sydneysiders from the outer metro are suffering during peak
commutes, strengthening the case for ongoing investment and reform
in transport infrastructure (22 July 2020).
More...
Developers submit plans to build twin 80-storey
skyscrapers in centre of Sydney
Chinese-based developers hope to build twin 80-storey
skyscrapers in Sydney's CBD after submitting new plans. The New
York-inspired buildings would include 158 hotel rooms and 600
apartments (22 July 2020).
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Reforms for a world class planning system
Drastically reduced planning assessment times, less red
tape, and user friendly e-planning tools will help turbo-charge the
economic recovery, through an $83 million New South Wales Planning
Reform Action Plan revealed.
More...
Queensland
Brisbane commuters spend 45 hours a year in traffic: IPA
and UBER Report
Infrastructure Partnerships Australia's Australian
Travel Time Metric - Australia's regular measurement of actual
road network performance using anonymised and aggregated Uber data
– shows Brisbane commuters spend 45 hours each year in
traffic, strengthening the case for ongoing investment and reform
in transport infrastructure (22 July 2020).
More...
Renewable energy pitched to create hundreds jobs for
North West Queensland
A $600 million renewable energy project planned for Mount
Isa is expected to create hundreds of jobs during construction and
produce cheaper, cleaner power for North West Queensland (21 July
2020).
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Construction begins on Marine Quarter
Led by Australian property developer Buildcap, Gold Coast
tower ?Marine Quarter? will begin construction this June following
the recent appointment of ?GCB Constructions to the highly
anticipated build (27 July 2020).
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Victoria
Face masks now compulsory for the building and plumbing
industry
As the number of coronavirus (COVID-19) cases continues to
rise via community transmission, it is now more important than ever
that we all practise good hygiene, maintain social distancing and
take extra precautions to slow the spread of infection (24 July
2020).
More...
Victorian road construction blitz recognises benefits of
a better deal for Australian mid-tier contractors
The breaking up of a $2.2 billion road construction blitz
by the Victorian Government into 12 priority projects is a strong
move which will grow the economy and opportunities for Australian
Mid-Tier and smaller contractors (23 July 2020).
More...
Recladding a 20-Storey Apartment Tower
After the Lacrosse apartment tower fires in 2014, the
Owners Corporation of the Aurora Apartments (pictured above) in the
City of Melbourne had samples taken from the paneling system on
their building's façade tested for analysis. This case
highlights an example of how a successful cladding rectification
project should be approached (23 July 2020).
More...
McDonald's is building its 1000th restaurant in
Australia, a 'sustainability flagship' site in Melton
South, Victoria
The fast-food giant is building its 1000th restaurant
since it first opened shop in Sydney in 1971. The new restaurant is
in Melton South, Victoria and will be McDonald's flagship
sustainability site. The building and its furnishings will
incorporate recycled materials (24 July 2020).
More...
Melbourne Outer Metro commute the worst of the pack: IPA
and Uber Report
Infrastructure Partnerships Australia's Australian
Travel Time Metric - Australia's regular measurement of actual
road network performance using anonymised and aggregated Uber data
- shows Melbourne drivers travelling from the outer metro into the
CBD spend the most time stuck in traffic of the four largest
cities, strengthening the case for ongoing investment and reform
(22 July 2020).
More...
Cases
Queensland
Murphy v Queensland Building and Construction
Commission [2020] QCAT
255
BUILDING DISPUTE - DIRECTIONS TO RECTIFY – where
applicant claimed Tribunal lacked jurisdiction to hear review
application - whether decision to withdraw direction to rectify
constituted a reviewable decision – where applicant has
misconceived the role of the respondent to issue direction to
rectify – where applicant has misconceived role of Tribunal
to determine application – expert conclave
Queensland Building and Construction Commission Act 1991 Qld ss 71,
72, 72A, 73, 86(1)(e), 86(1)(f), 87; Queensland Civil and
Administrative Tribunal Act 2009 Qld ss 20, 24
Victoria
Watpac Constructions Pty Ltd v Collins & Graham
Mechanical Pty Ltd [2020] VSC
414
BUILDING CONTRACTS – Building and Construction
Industry Security of Payment Act 2002 (Vic) ('the Act')
– Deemed termination for convenience on a 'finding'
of repudiation by the principal – Reference date referrable
to the payment claim required a 'finding' of repudiation
– Whether requiring a 'finding' of repudiation had
the effect of excluding, modifying or restricting the operation of
the Act within the meaning of s 48 – Whether s 48 of the Act
rendered an offending clause as void in its entirety –
Meaning of 'provision' in s 48 of the Act considered.
BUILDING CONTRACTS – Whether severance of the contractual
provision engaging s 48 of the Act available.
JUDICIAL REVIEW – Finding by adjudicator of repudiation
– Principles to be applied in deciding jurisdictional facts
on judicial review – Burden of proving jurisdictional error
rests with the applicant.
JUDICIAL REVIEW – Whether a court may exercise its residuary
discretion not to permit a full trial of a construction dispute in
determining a review of an adjudicator under the Act queried.
1155 Nepean Hwy v Promax Buildings
[2020] VSC 398
ADMINISTRATIVE LAW – Judicial review –
Injunction enjoining the Adjudicator from making any adjudication
determination – Injunction enjoining first defendant from
making any further adjudication application – Compliance with
service requirements of s 18(5) of the Building and Construction
Industry Security of Payment Act 2002 (Vic) – Whether service
required as soon as practicable or within a reasonable time under s
18(5) of the Building and Construction Industry Security of Payment
Act 2002 (Vic) - Validity of new adjudication application under s
28 of the Building and Construction Industry Security of Payment
Act 2002 (Vic) – Time for service of adjudication application
- Building and Construction Industry Security of Payment Act 2002
(Vic), ss 18(5), 20 , 22, 28.
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.
