Australia: Construction & Infrastructure - What's News? - 15 February 2012

Last Updated: 20 February 2012
Most Read Contributor in Australia, September 2016

Latest News

New study dirties coal seam gas image
Greenhouse gases are leaking from some US gas drilling sites at up to double the expected amounts, raising questions over the use of gas as a low-emissions fuel, according to researchers from the US National Oceanic and Atmospheric Administration (11 February 2012) More...

Skills crisis puts networks 'at risk'
The Institute of Public Works Engineering Australia has called for mandatory national registration of engineers to protect the public from serious safety risks in a government submission (09 February 2012) More...

KPMG: Asia Pacific constructors, engineers confident
KPMG's Global Construction Survey 2012 report found Asia Pacific contractors have the most confident outlook for the next year: 53 percent of Asia Pacific respondents believe their work backlogs will increase in the next 12 months, compared to the global average 49 percent (06 February 2012) More...

BHP Billiton digs in over workplace laws
BHP Billiton says changes to workplace laws are making it hard for management and unions to resolve disputes, with more claims that could be put on the table beyond just benefits and pay. BHP - one of SA's biggest employers through the Olympic Dam project - is embroiled in a dispute with its Queensland coal miners (08 February 2012) More...

Dwelling approvals fall in December
ABS Building Approvals show that the number of dwellings approved fell 1.0% in December 2011, in seasonally adjusted terms, following a rise of 10.1% in November. Dwelling approvals decreased for the month of December in Victoria (-16.7%), South Australia (-9.1%) and New South Wales (-5.0%), but rose in Queensland (24.6%), Tasmania (15.6%) and Western Australia (6.0%) in seasonally adjusted terms (02 February 2012) More...

Commonwealth building and construction legislation: a recipe to take the economy backwards
The Victorian Coalition Government strongly opposes the Commonwealth's proposed building and construction legislation that would lead to an escalation of unlawful behaviour and misconduct within the construction industry (06 February 2012) Commonwealth building and construction legislation: a recipe to take the economy backwards

Arsenic and lead found in contaminated water leak at coal seam gas drill site
Four separate leaks of polluted water have now taken place at a coal seam gas drilling site near Narrabri in northern NSW since June, the resources company Santos confirmed (10 February 2012) More...

Court imposes penalties for Gold Coast University Hospital illegal strike
The Federal Magistrates Court this week ordered the CFMEU and two of its organisers to pay $46,860 in penalties for organising an unlawful strike on the Gold Coast University Hospital project (09 February 2012) More...

Brisbane flooding 'inevitable' says expert
An independent hydrological expert has reiterated his support for the actions of Wivenhoe Dam's engineers, telling the state's flood inquiry that the flooding of Brisbane in January was "inevitable" (10 February 2012) More...


Australian economic indicators 2012
Australian Bureau of Statistics
Primarily a reference document, this publication provides a broad basis for analysis and research on the Australian economy and includes statistics that can be applied to both macro-economic and sectoral analyses (02 February 2012) Australian economic indicators, Feb 2012

Practice Notes

NSW: Changes to home building laws
The reforms outlined below will apply to the following from 1 February 2012: new residential building work, new home warranty insurance policies and new residential building contracts Changes to home building laws

NSW: Falling objects fact sheet
Safe Work Australia - This fact sheet provides general guidance for persons conducting a business or undertaking (PCBUs) and workers on managing risks to health and safety posed by falling objects (07 February 2012) Falling objects fact sheet

NSW: This month in committees
Inquiries receiving submissions
Inquiry into the Economics of Energy Generation, closes 10 February.
Inquiry into The utilisation of rail corridors, closes 29 February.


Inquiry into Opportunities to consolidate tribunals in NSW (report due) (Wed 29).
Inquiry into Rail infrastructure project costing in NSW (report due) (Wed 29).

QLD: Strategic cropping land legislation
The Strategic Cropping Land Act 2011 came into effect on 30 January 2012. This new legislation is geared towards achieving the balance between agriculture, mining and urban development. Resource activity is defined in the legislation that includes: the Petroleum and Gas (Production and Safety) Act 2004 (February 2012) More...

VIC: Statutory Board Positions
Expressions of Interest are being sought for statutory board positions in the building and plumbing industries, the Heritage Council and Growth Areas Authority.


The City of Sydney v Streetscape Projects (Australia) Pty Limited & Anor [2012] NSWSC 10
ORDERS - Final orders reflecting reasons for judgment in The City of Sydney v Streetscape Projects (Australia) Pty Ltd
EVIDENCE - decision on admissibility of proposed tender by defendants.
Civil Procedure Act 2005 (NSW); Copyright Act 1968 (Cth); Trade Practices Act 1974 (Cth)
Streetscape Projects has been ordered to pay over $12m to the City of Sydney council, following findings that the company had been secretly manufacturing and selling the council's smartpoles in Singapore and the United Arab More...

Barba v Wincrest Homes Pty Limited (Home Building) [2011] NSWCTTT 602
Scope of the contract works; Standard/quality of work; Contract termination; Completion time; Liquidated damages; Unliquidated damages; Home Building Act 1989, Rectification work More...

Gleeson v Boden [2011] NSWDC 214
Judgment for the plaintiffs for $48,622.00.
CONTRACT - claim by builder for delay costs referred by court to a referee pursuant to UCPR Pt 20 r 20.14 - principles for adoption or rejection of a referee's report
Civil Procedure Act 2005 (NSW), s 56; Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW), rr 20.14, 20.24 More...

HM Hire Pty Ltd v National Plant and Equipment Pty Ltd & Anor [2012] QSC 004
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where second respondent exercised jurisdiction as an adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) ("the Act") to decide that the applicant should make a progress payment to the respondent – where contract required the applicant to perform clear and grub works, topsoil stripping and placement at project site – where work actually performed was the excavation and removal of timber and topsoil from the site – whether the work carried out for which payment was sought was "construction work" – whether the work carried out fell within the exclusion under s 10(3)(b) of the Act More...

Cenekin Pty Ltd v Captain Stag Pty Ltd (Domestic Building) [2012] VCAT 90
Domestic building - work and labour – contract to supply at an hourly rate – nature of agreement – incomplete work not charged for – reasonable rate for time spent working - lower rate for travelling time – defective work – absence of expert evidence – calculation of amount due – set-off 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

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

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
Font Size:
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
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (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

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’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.


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.


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 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.


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.


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.


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.


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

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

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

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