Australia: Construction & Infrastructure - What's News - 23 November 2011

Last Updated: 27 November 2011
Article by Chris Edquist

Latest news

Review to unlock local government investment

The Australian Government will conduct a review of infrastructure financing to identify new ways of unlocking investment dollars to meet local infrastructure needs, Local Government Minister Simon Crean has announced. The terms of reference are to assess how effectively and efficiently local infrastructure needs are prioritised and subsequently funded by local government (17 November 2011) More...


Fair Work 'delaying' mine projects, says industry

The mining industry has warned that Labor's Fair Work laws are delaying the start of construction for new resources projects and forcing employers to give construction workers the same generous wages and allowances paid on offshore oil rigs (17 November 2011)


Natural disaster clean-up sparks new asbestos fears

In the rush to clean up in the aftermath of natural disasters health risks posed by broken sheets of asbestos can be forgotten, with cancer specialists told that 'bonded asbestos' may not be as safe as once thought (15 November 2011) More...


Infrastructure adviser urges states to sell assets

The federal government's infrastructure adviser, Rod Eddington, has called on states to be more open to privatising key assets to pay for greenfields infrastructure projects. It comes as the re-emergence of coalition governments in NSW, Victoria and Western Australia has prompted potential acquirers to consider the potential for more asset sales (16 November 2011) More...


Slower times predicted for construction industry in 2012 given risk-averse banks

Australian construction industry profits are due to slip as the number of construction projects diminishes and construction costs increase in 2012, according to the latest report by Rider Levett Bucknall. National office construction increased 6.8% and industrial construction increased 20.8% (15 November 2011) More...


NBN Co dishes out fibre contracts

The NBN Co has awarded contracts worth up to $635 million over the next five years to a mix of six local and internationally-based fibre equipment manufacturers. The contract winners will supply NBN Co internal fibre distribution hubs for apartment buildings, internal cables, wall outlets and devices that will house the connection of the fibre from the street to the outside of premises (15 November 2011) More...


Green Star Performance from the Green Building Council of Australia

The development of Green Star Performance continues with a third of the proposed credits already in a draft format. Once the tool is released, the GBCA will be developing new education resources specifically geared for building operators and the facilities management industry (10 November 2011) More...


Building rogues targeted

Surveyors who are the subject to repeat complaints and those in their first three years of practice will be the targets of tougher scrutiny. Municipal building surveyors will be audited by the commission at least once every two years, and all private surveyors within their first three years of operation. The commission will also target surveyors who are the subject of repeated complaints from consumer (14 November 2011) More...


Victorian Infrastructure Deserves National Support

The release of the Victorian Government's  Infrastructure Australia submission today shows a deep level of planning and seeks support for major projects that will deliver on key national objectives, says Infrastructure Partnerships Australia (17 November 2011) More...


Latrobe Valley mining covenant to go

The Victorian Government is planning to remove a mining covenant in the Latrobe Valley to free up land for development. Landowners who certainly have not had the ability to develop as they would like because of the SUZ5 covenant (14 November 2011) More...


Record value in building permit activity for first quarter of 2011-12 financial year

The value of building permit activity in Victoria was almost $6.7 billion for the first quarter of the 2011-12 financial year, an increase of 6 per cent on the same quarter last financial year (14 November 2011)  Record value in building permit activity for first quarter of 2011-12 financial year (123KB)


Building control compliance, investigations & enforcement initiatives

Enhanced complaints management, investigations and enforcement processes will enable the Building Commission to have more effective building control in Victoria. The Building Commission has updated, and is now implementing, programs and policies to improve its efficiencies and effectiveness (07 November 2011)   Compliance, Investigations & Enforcement initiatives will improve building control (85KB)


Eddington backs plan to overhaul Sydney transport

Fixing Sydney's rail network and making its ports work better are infrastructure priorities for NSW, according to the head of Infrastructure Australia (16 November 2011) More...


Asia the key to building the state

The Treasurer Mile Beard says Asian investors will play a crucial role in funding the NSW government's ambitious plans to improve infrastructure and also flagged greater use of public-private partnerships in infrastructure projects (17 November 2011) More...


Farmer takes mining company to court

An Upper Hunter farmer has lodged an appeal in the Land and Environment Court to block a mining company from drilling on his property (10 November 2011) More...


Court approves Duralie mine extension

The Environmental Defenders Office says the new conditions placed on Gloucester Coal's Duralie mine extension project are a step in the right direction.  The Land and Environment Court overturned the original approval for the mine extension but then granted its own approval subject to a series of new conditions  (11 November 2011) More...


2018 Commonwealth Games for Gold Coast

Ms Bligh said the Games could generate up to $2 billion in economic benefit with up to 30,000 full time-equivalent jobs created between 2015 and 2020. Over $500 million will now be invested on sport and transport infrastructure as a direct result of the successful bid and will also act as a catalyst to fast track infrastructure development. The Government outlines the new infrastructure here (12 November 2011) More...


Warrego Highway, Cross River Rail new additions in Infrastructure Australia submission

Key road upgrades serving the resource rich Surat Basin area of Queensland are new inclusions in the State Government's Infrastructure Australia submission. Local Government Minister Paul Lucas said with the CSG and LNG industry being largely driven by areas like the Surat Basin, it was important appropriate infrastructure was in place to support the industry's growth (17 November 2011) More...


Minister says coal terminal won't hurt nature reserve

The State Government has moved to reassure a central Queensland community a proposed coal terminal will not have a negative impact on a nearby nature reserve (15 November 2011) More...


CBD Building heights grounded

Unless guidelines by Airservices Australia and the Civil Aviation Safety Authority change, the 274-metre 111+222 development is the highest a building can be built in Brisbane's central business district. The restriction is due to fears that tall buildings could cause radar signal reflection (09 November 2011) More...


Articles

The resources boom and macroeconomic policy in Australia

Author: Bob Gregory, Peter Sheehan
Australia is in the midst of the most remarkable resources boom in its history, but the domestic economy is slowing. How can both of these things be happening at the same time (11 November 2011) More...


Contracts - Inclement weather—we'll weather the weather, whatever the weather, whether we like it or not

Author: Alex Hartmann and Jacqueline Truong

Australian Construction Law Newsletter, 2011, Issue 140, pp6

Identifying and managing your legal expectations to avoid pitfalls in an increasingly demanding project role

Author: Nicholas Gould

Australian Construction Law Newsletter, 2011, Issue 140, pp15

No fault option to litigate in dispute resolution clause

brian millar and matthew senescall

Australian Construction Law Newsletter, 2011, Issue 140, pp36

Panel contracts—which one?

Author: David Hand

Australian Construction Law Newsletter, 2011, Issue 140, pp38

Mediation is the only way to justice

Author: David Richbell

Australian Construction Law Newsletter, 2011, Issue 140, pp48

Current Draft Policies and Plans, Announcements

NSW: Summary of Complaints and Investigation

The Board has released its fourth edition of the Summary of complaints and investigations. The Summary describes case studies of complaints made about the conduct of accredited certifiers. These case studies can assist and educate stakeholders involved in the certification process (November 2011) More...


QLD: Building newsflash number 485 - Provision of building approval data to local government

To remind private building certifiers of the importance of providing building development application details to local government for archiving. A private certifier approves a building development application under the Building Act 1975 requires the certifier to give the relevant local government a copy of certain documents within five business days of the approval (11 November 2011) More...


QLD: Building Boost Grant

Queensland Government Building Boost Grants are available to buy or build a new home from 1 August 2011 to 31 January 2012.  Information regarding the grant and an online eligibility tester is available at the Office of State Revenue


Legislation

Commonwealth

Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011

Registered 08 November 2011 - A Bill for an Act to amend the Building and Construction Industry Improvement Act 2005, and for related purposes (08 November 2011) More...


NSW

Regulations and other statutory instruments

Mining Amendment (Transitional) Regulation 2011 (2011-586) — published LW 18 November 2011

Supreme Court Rules (Amendment No 418) 2011 (2011-589) — published LW 18 November 2011


Uniform Civil Procedure Rules (Amendment No 49) 2011 (2011-590) — published LW 18 November 2011

Water Management (General) Amendment (Water Sharing Plans) Regulation (No 2) 2011 (2011-577) — published LW 11 November 2011

Acts assented to

Plumbing and Drainage Act 2011 No 59 — Assented to 16 November 2011

Statute Law (Miscellaneous Provisions) Act (No 2) 2011 No 62 — Assented to 16 November 2011
Protection of the Environment Legislation Amendment Act 2011 No 63 — Assented to 16 November 2011


Queensland

Regulations

No 221 Survey and Mapping Infrastructure (Survey Standards—Requirements for Mining Tenures) Notice (No. 1) 2011 – 11 Nov 2011

Survey and Mapping Infrastructure Act 2003

No 227 Transport Operations (Passenger Transport) Amendment Regulation (No. 3) 2011

Transport Operations (Passenger Transport) Act 1994- 11 Nov 2011

Bills Introduced

Heavy Vehicle National Law Bill 2011

This Bill is for an Act to reconcile variations in state heavy vehicle laws establish a single, unified approach across all states and territories with a National Heavy Vehicle Regulator responsible for the administration of those laws. Introduced by Hon Annastacia Palaszczuk (Minister for Transport and Multicultural Affairs) (ALP, Inala) (15 November 2011) More...


Commercial Arbitration Bill 2011

This Bill is for an Act to provide for the conduct of commercial arbitration consistent with updated national uniform legislation and with international best practice, replacing the Commercial Arbitration Act 1990 (15 November 2011)  Commonwealth Games Arrangements Bill 2011   (15 November 2011)


Proclamations

No. 50: Commercial Arbitration Act 2011

Assent: 18/10/2011 SG (No. 330) 18/10/11 p. 1 Commencement: Ss 1AA-47 on 17/11/2011: SG (No. 369) 15/11/2011 p. 1


No. 63: Water Legislation Amendment (Water Infrastructure Charges) Act 2011

Assent: 15/11/2011 SG (No. 367) 15/11/2011 p. 1 Commencement: Ss 1-12 on 16/11/2011: s. 2 This Act amends (i) the Water Industry Act 1994 to apply certain provisions of the Water Charge (Infrastructure) Rules 2010 of the Commonwealth as a law of Victoria and (ii) the Essential Services Act


Cases

Gap Constructions Pty Limited & Anor v Vigar Pty Limited & Ors [2011] NSWSC 1205

INJUNCTIONS - Interlocutory injunctions - plaintiff seeks continuation of interlocutory orders restraining defendants from dealing with certain moneys and shares - moneys and shares said to be traceable from breach of fiduciary duty by defendants - plaintiffs question propriety of expenditure by fourth defendant and accuracy and completeness of information provided as to expenditure - injunction deals with assets the subject matter of proceedings - principle applicable to Mareva injunctions that party be allowed to make expenditure for living expenses and legal costs not applicable where injunction deals with subject matter of claim - injunction sought specific to such moneys and shares not to totality of defendants' assets - defendants' have substantially dissipated moneys by engaging in liberal level of living expenses - unacceptable situation ought not continue - injunction continued More...


Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited  [2011] NSWSC 1305CORPORATIONS COMMERCIAL ARBITRATION S 440D of the Corporations Act 2001 (Cth) an application for leave to bring and continue proceedings against a company in voluntary administration for recognition and enforcement of an arbitral award pursuant to s 35 of the Commercial Arbitration Act 2010 (NSW) nature of discretion to be exercised relevant circumstances leave granted  -

Tribunal determines and declares that the Claimant holds on constructive trust for the Respondent all its rights, title and interest in Solfast Pty Ltd and interest in the inventions embodied in the Assigned Patent Applications More...

ARA Electrical Engineering Services Pty Ltd t/as Bass Electrical Engineering NSW v McConnell Dowell Constructions (Aust) Pty Ltd [2011] NSWSC 1377

CONTRACTS - Whether binding and enforceable agreement - defendant provides plaintiff with request for quotation for building works - plaintiff submits quote - defendant responds that plaintiff is successful tenderer and provides draft sub-contract agreement with schedule of rates to be filled out by plaintiff - plaintiff fills out and returns draft contract - plaintiff contends provision of draft contract and announcement that plaintiff successful tenderer comprised offer capable of acceptance - plaintiff contends accepted offer by filling in blanks and returning document to defendant - defendant had communicated that draft sub-contract was subject to review and had reserved to itself final execution - improbable that defendant intended to be bound by whatever plaintiff inserted in schedule - matter inserted in schedule not subject to prior discussion - viewed objectively no intention that parties be bound without both parties executing and communicating execution to one another More...


In the matter of Chameleon Mining NL [2011] NSWSC 1384

CORPORATIONS - public companies - giving of "financial benefit" to "related party" - statutory requirement for approval by resolution passed at a meeting of members - statutory process includes lodgment of material with ASIC before despatch to members and despatch of any ASIC comments with notice of meeting - through inadvertence ASIC lodgment not made before despatch of notice - ASIC's review in any event raises no concern - application for declaration under s 227 in respect of steps concerning ASIC lodgment - various other aspects of the statutory procedure lie in the future - application adjourned as s 227 permits declaration only in respect of the process as a whole More...


Leighton International Limited v Gavin John Hodge [2011] NSWSC 1381

[PRIVATE INTERNATIONAL LAW] - [PRACTICE & PROCEDURE] - application to stay proceedings - claims by plaintiffs of breach of employment contract/breach of duty of loyalty in respect of conduct in Kuala Lumpur, Malaysia and Indonesia - concurrent process in Malaysia by defendant for reinstatement - real issues - prospective witnesses in many different countries in the Asian region - whether a clearly inappropriate forum for plaintiffs' claims - referral of questions of foreign law to foreign court or to referee More...


Sturzenegger v Cosmos Building Services t/as Vastrans Pty Ltd [2011] NSWWCCPD 64

Reasons; failure to determine issue in dispute -  Arbitrator's decision is revoked and the matter is remitted to a different Arbitrator for all issues to be determined or re-determined More...


Notaras v In and Out Carpentry (Home Building) [2011] NSWCTTT 505

Defective work – compensation for damage to property – penalty/rental - respondent is liable to pay the applicant $10,450.00 rental for the period August 2010 to October 2010, $ 11,642.00 for damage to the elevator door and windows and $132,206.00 damages for defective work, making a total of $154,298.00 More...


Finch v Whitfield (Home Building) [2011] NSWCTTT 496

Whether the applicant acted reasonably in refusing the offers of settlement made by the respondent Whether it is likely that the applicant would, had the matter been litigated, have been successful in a similar sum to that ultimately agreed by the parties - Tribunal has jurisdiction in the circumstances of this case to make an order for costs 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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.