News
Engineers Australia welcomes the launch of the National
Infrastructure Construction Schedule
Engineers Australia welcomes the launch of the National
Infrastructure Construction Schedule (NICS) by Minister for
Infrastructure and Transport Anthony Albanese. Engineers Australia
believes that the NICS will be of great benefit to the engineering
profession and is a step toward easing the engineering skills
shortage by bringing much-needed transparency to the planning and
delivery of Australia's major infrastructure projects (16 May
2012)
More...
Australia's Future Gas Resources
Assured
The Minister for Resources and Energy has released the
Australian Gas Resources Assessment 2012 which finds that
Australia has enough identified gas resources, excluding shale gas,
to maintain current production rates for 184 years. Gas ranked
third behind coal and uranium as Australia's largest energy
resource (16 May 2012)
More...
Tough Budget Offers Little for Housing
Amid a tight fiscal environment, the 2012/13 Federal Budget offers
little for Australia's development industry. However, the
Government has refrained from cutting key housing funding
commitments such as the National Rental Affordability Scheme
(NRAS), the Housing Affordability Fund (HAF) and the Building
Better Regional Cities (BBRC) program (08 May 2012)
More...
Major Infrastructure Projects- Infrastructure Spending
in Budget 2012/13
Infrastructure Minister Anthony Albanese has announced the funding
allocation for each state in the 2012/13 budget, as part of the
six-year Nation Building Program that began in 2008/9. The funding
allocations for infrastructure spending for each state is as
follows: Victoria - $901 million; New South Wales (NSW) - $1.2
billion; Queensland - $879.3 million; Western Australia (WA) - $1
billion; South Australia (SA) - $197.9 million; Tasmania - $102.6
million; Australian Capital Territory (ACT) - $21.4 million; and
Northern Territory (NT) - $100.7 million (08 May 2012) More...
HIA: Building Approvals Perform Strongly in
March
The Housing Industry Association (HIA) termed the results
"positive" but noted that the industry as a whole was
still in a precarious position. MBA stated the results may help
return confidence to the industry but needed to be read in
conjunction with the significant drop in building approvals in the
previous month (07 May 2012)
More...
UTS freezes payments in construction spat
The University of Technology Sydney withheld a payment from the
embattled Reed building group, after Reed allegedly lied about
having paid subcontractors all money that was due (16 May 2012)
More...
Western Sydney Light Rail gets the green light, new CBD
development announced
The Parramatta Lord Mayor has announced that a feasibility study
into the Western Sydney Light Rail Network will commence early next
month, after Parramatta City Council committed to fund the first
stage of the proposal. (16 May 2012)
More...
Green Retrofit for Government Buildings
The Green Building Council of Australia (GBCA) has welcomed the
NSW government's announcement that it will spend $6.4 million
on improving the energy efficiency on 150 government buildings.
According to the GBCA, the retrofit will save an estimated 30,000
megawatt hours and and estimated $5.8 million in utilities bills
per year (15 May 2012)
GBCA's media release
St Hilliers' construction arm in
administration
The construction arm of St Hilliers Group has been placed in
voluntary administration, throwing into disarray building projects
in regional Victoria, New South Wales and the ACT. The company
blames the collapse on problems with its $350 million Ararat prison
development in western Victoria (16 May 2012)
More...
Major boost for Mildura's natural gas
capacity
Residents of Mildura will soon have greater access to natural gas
for domestic and industrial use, with a major upgrade of the
city's gas distribution network announced today by Deputy
Premier and Minister for Regional and Rural Development Peter Ryan.
Mr Ryan said the Coalition Government had reached agreement with
Envestra Limited for the $10.1 million Mildura gas capacity
expansion project (12 May 2012)
More...
Penultimate Regional Rail Link Contract
Announced
Federal Infrastructure Minister Anthony Albanese, Federal Member
for Gellibrand Nicola Roxon and Victorian Roads Minister Terry
Mulder have announced that a consortium has been awarded a $570
million contract for the Regional Rail Link that will deliver new
rail infrastructure. The Regional Rail Link is intended to improve
reliability and frequency of rail transport in regional Victoria
(12 May 2012)
Joint media release
Asbestos fears in overpass project
Construction workers were asked to attend an asbestos information
session today after tests found the substance at an Ipswich work
site. An exclusion zone has been set up and all work has stopped.
The overpass was extensively damaged in January when it was struck
by a truck. A licensed asbestos removal contractor was overseeing
efforts to remove the hazardous material (17 May 2012)
More...
MoU for mining services contract extension at Isaac
Plains coal mine for John Holland
John Holland has signed a memorandum of understanding with Isaac
Plains Coal Management to negotiate final contract terms on a
one-year mining services contract extension, and begin negotiations
on an additional three year agreement (17 May 2012)
More...
Expert panel to review Cross River Rail
The Newman Government has announced an expert panel will review
the Cross River Rail project to ensure the next major investment in
rail is affordable and meets the future needs of South-East
Queensland. The panel will deliver a report on 13 June 2012 (16 May
2012)
More...
$170,000 in fines for building offences in
Toowoomba
Convictions and fines of $170,000 have been handed down in
Toowoomba Magistrates Court to the directors of the Rethink
Kitchens and Bathrooms company and related entities, for defective
and unlicensed building work. The convictions follow fines of
$235,000 to the same entity in 2011, for similar offences (11 May
2012)
$170,000 in fines for defective building work
Conviction for Simply Bathrooms and its executive
officers
Simply Bathrooms Australia Pty Ltd and its executive officers have
been convicted of carrying out building work and undertaking to
carry out building work while not holding an appropriate licence
with the Building Services Authority. The BSA's previous
efforts saw Mr Butler and his affiliated companies convicted and
penalised about $350,000 for breaches of the Queensland Building
Services Authority Act 1991 (QBSAA) and Domestic Building Contracts
Act 2000 (DBCA). (11 May 2012)
Brenton Butler - Simply Bathrooms Convictions
Articles
Building Approvals March 2012
The ABS has released Building Approvals, Australia, March 2012 (7
May 2012), which shows that the total number of dwelling units
approved increased by 7.4% in SAT in March 2012 compared with
February 2012. Approvals of both public sector houses and private
sector dwellings excluding housing, rose by 3.9% and 15.5%
respectively in SAT over the same period. Dwelling approvals
increased in New South Wales, Western Australia and South Australia
but fell in Queensland, Tasmania and Victoria.
ABS's media release (7 May 2012)
Victoria - Market Figures and Trends 2012
The Building Council of Victoria (BCV) has released
pulse today: Issue 97 (May 2012), which publishes data on
consumer confidence in registered building professionals (RBPs),
the value of RBP status and plumbing compliance certificates.
Impact of fly-in fly-out/ drive-in drive-out work
practices on local government
Source: Robyn Morris, Australian Centre of Excellence for Local
Government This study provides a summary of key issues raised in
prior reviews of the literature and research on the impacts of
fly-in/fly-out, driveIn/drive-out work practices on mining
communities in Western Australia (11 May 2012)
Impact of fly-in fly-out/ drive-in drive-out work practices on
local government
The Offshore Health and Safety Performance Report
2011
Source: National Offshore Petroleum Safety and Environmental
Management Authority (NOPSEMA),
The report identifies design, procedures and preventive
maintenance as the top three root causes of accidents and dangerous
occurrences (released 11 May 2012)
More...
Practice Notes
New online resource for investors in Australian
infrastructure
International investors can now access a comprehensive register of
Australia's major infrastructure projects, including
public-private partnerships (PPPs), with the release of the
National Infrastructure Construction Schedule (NICS) this month (15
May 2012)
New online resource for investors in Australian
infrastructure
New Green Star Concrete credit
The Green Star 'Concrete' credit was released on 15 May
2012, following the
Concrete Credit Review process. All Green Star projects
registered before 1 July 2012 can use either the old Green Star
Concrete credit or the new Green Star Concrete credit. Any projects
registered after 1 July 2012 must use the new Green Star Concrete
credit. Download the
Stakeholder Feedback Report Revised Concrete Credit.
Federal government opens up petroleum acreages:
Resources Minister
The 2012 acreage release included large frontier basins suited to
exploration programs with numerous targets, along with smaller
blocks of high prospective acreage in mature areas. The acreages
are in waters off Western Australia, the Northern Territory,
Victoria, South Australia and Tasmania (14 May 2012)
More...
EPBC Act Public notices - Public Notifications and
Referrals – Projects
2012/6388
Wyong Coal Pty Ltd (T/A Wyong Areas Coal Joint
Venture)/Mining/Northwest of Wyong/NSW/Wallarah 2 Coal Project
Invitation for Public Comment on Referral 17 May 2012
2012/6378
Bengalla Mining Company Pty
Ltd/Mining/Muswellbrook/NSW/Continuation of Bengalla Mine
Invitation for Public Comment on Referral 09 May 2012
2012/6389
The Coporation of the Trustees of the Roman Catholic Archdiocese of
Brisbane/Tourism and recreation/Jimboomba/QLD/Construction and
Operation of Sport and Recreation Fields Emmaus College
Invitation for Public Comment on Referral 17 May 2012
2012/6385
Ergon Energy/Energy generation and supply
(non-renewable)/Springsure Creek/QLD/Springsure Creek 132kV
powerline and switchyards Invitation for Public Comment on
Referral 15 May 2012
2012/6377
Arrow Energy Pty Ltd/Mining/Bowen Basin/QLD/Bowen Gas Project
Invitation for Public Comment on Referral 09 May 2012
2012/6375
Townsville City Council/Transport - water/Townsville/QLD/Townsville
Recreational Boating Park Invitation for Public Comment on
Referral 07 May 2012
2012/6376
Department of Defence/Commonwealth/Port Phillip Bay/VIC/Point
Wilson Explosives Area Waterside Infrastructure Remediation
Invitation for Public Comment on Referral 08 May 2012
QLD: Building and plumbing newsflash, Issue 490, 17 May
2012- New versions to the Fire hydrant and sprinkler system
commissioning and periodic test - Form 70 and Fire hydrant and
sprinkler system commissioning and periodic maintenance
procedure
New versions of the
Fire hydrant and sprinkler system commissioning and periodic test -
Form 70, and
Fire hydrant and sprinkler system commissioning and periodic
maintenance procedure have been developed following industry
feedback and are now available online.
QLD Mines Safety Alert No 286 - Coal mine worker hit by
loose discharge hose
Poor design, including hose layout and hose retention design, are
major contributing factors in recent incidents (08 May 2012)
More...
QLD Mines safety Bulletin 118 - Working safely with
tyres: highway-style trailer haulage
The premature failure of radial construction tyres - this safety
bulletin examines what actions to take to avoid incidents and
possible fatalities (15 May 2012)
Mines Safety Bulletin 118 - Working safely with tyres:
highway-style trailer haulage (PDF, 119 kB)
NSW: Port Waratah Coal Services terminal 4 submissions -
Response to Newcastle Herald
The department is currently reviewing the submissions received.
The main issues raised in submissions included dust and health
related impacts, ecological impacts, greenhouse gas/climate change,
opposition to expansion of the mining industry and increased train
movements (17 May 2012)
Port Waratah Coal Services terminal 4 submissions - Response to
Newcastle Herald
VIC: Submissions - Safety of Advanced Metering
Infrastructure in Victoria: Draft Report
A copy of the report was available from the ESV website at www.esv.vic.gov.au, and
submissions would be received until 15 June. They should be
forwarded to .'; document.write( '');
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information received, ESV will release a final report by the end of
July.
click here to read the report
VIC: Metropolitan Planning Strategy
The Victorian Government is preparing a new metropolitan planning
strategy to manage Melbourne's growth and change over the
next 30-40 years. The strategy will contribute to the overall
vision for the State including links with regional Victoria and
will be informed by stakeholder and community engagement, research
and evaluation (10 May 2012)
Cases
United Group Resources Pty Ltd v Calabro (No 7) [2012]
FCA 432
INDUSTRIAL LAW – proceedings instituted by 13 applicants
against 1,336 respondents in relation to several days of unlawful
industrial action – penalty agreement ultimately reached
between applicants and represented respondents - factors the Court
should take into account in assessing penalty and exercising its
discretion whether to adopt a penalty agreement reached between the
parties
INDUSTRIAL LAW - sentencing - whether the represented and
unrepresented respondents should be penalised equally –
whether penalties should be suspended where an intervening industry
regulator opposes suspension of penalties – whether an
injunction to restrain from breaches for a seven year period should
be imposed and if so, whether that should be considered in the
context of penalties and suspension of them
INDUSTRIAL LAW – penalty – civil double
jeopardy – whether two separate pecuniary penalties
should be paid by individual respondents for multiple
contraventions of the Building and Construction Industry
Improvement Act 2005 (Cth) (BCII Act) and Fair Work Act 2009 (Cth)
(FW Act) in respect of the same conduct – held that s
38(1) of the BCII Act allows the Court to impose a single penalty
taking into account overall conduct of each individual
respondent
COSTS – intervener – intervention of
Australian Building and Construction Commissioner (ABCC)
– whether ABCC entitled to recover costs from respondents
who admitted contraventions of the FW Act and BCII Act –
held that in light of settlement reached between the applicants and
respondents, costs order in favour of the ABCC would be punitive
and undermine settlement reached, contrary to the objectives of
industrial legislation and Federal Court Act 1976 (Cth) s 37M and s
37N More...
Australian Building & Construction Commissioner v
Inner Strength Steel Fixing Pty Ltd [2012] FCA 499
INDUSTRIAL LAW – penalties – sham contracting
- admitted contraventions of ss 900 and 902 of the Workplace
Relations Act 1996 (Cth) and s 357 of the Fair Work Act 2009 (Cth)
– agreed penalty – relevant considerations in
assessing the appropriateness of the agreed penalty More...
The Hills Shire Council v Kinnarney Civil &
Earthworks Pty Ltd & Kinnarney (No 2) [2012] NSWLEC
95
The corporate defendant is fined $50,000 and ordered to pay the
prosecutor's costs. (2) The individual defendant is fined
$30,000 and ordered to pay the prosecutor's costs.
SENTENCING:- for offence by a company of transporting waste to a
place that could not be lawfully used as a waste facility for that
waste contrary to s 143(1) of the Protection of the Environment
Operations Act 1997 and offence by individual of being director of
a company which contravened s 143(1) - corporate defendant a one
man company of which the other defendant was the sole shareholder -
avoiding double punishment. More...
Ballard v Multiplex [2012] NSWSC 426
[PROCEDURE] - plaintiff's application to reopen case - whether
interests of justice favour reopening for purpose of admitting new
material - whether finding by a commissioner as to the credibility
of a witness is admissible in other proceedings for the purpose of
proving that witness's credibility - whether plaintiff made a
tactical decision not to tender an expert's report - whether
expert's report, obtained on subpoena, is tendered for the
purpose of responding to a submission put by the defendants as to
plaintiff's alleged depression.[EVIDENCE] - proof - standard of
proof - civil - approach to assessment of credibility - burden of
proof to the Briginshaw v Briginshaw standard - whether onus of
proof in civil litigation is any different where the fact involves
criminal conduct, fraud or serious misconduct - whether evidence of
each witness should be assessed, on its own merits, for credibility
- whether court can defer resolution of the question of credibility
until all the facts have been found. [TORTS] - intentional -
conspiracy - harm by lawful means - harm by unlawful means -
whether there existed a conspiratorial agreement between the first,
second, either the third and fourth or both, or the fifth defendant
and others to ensure that the plaintiff and his company were
removed from the construction industry - whether defendants'
intent and purpose of agreement was to injure the plaintiff -
whether first and second defendants had an evil intention of the
kind contemplated by Evatt J in McKernan v Fraser - whether purpose
of the fifth defendant entering into agreement (if it did) was to
injure the plaintiff - whether agreement becomes tainted and all
participants are liable for harm if one, or all of the defendants
had an evil motive and countenanced this purpose by giving
assistance - whether any such conspiracy agreement was carried into
execution.[TORTS] - intentional - tort of intimidation - whether
third, fourth and fifth defendants coerced the first and second
defendants by way of threat and intimidation to terminate the
construction contract - whether threats by defendant were unlawful
as to induce, procure or engage in unlawful industrial action -
whether third and fourth defendants threatened to use unlawful
means to compel the first and second defendants to obey the
defendant's demands - whether the third and fourth defendants
intended that by making the threat, the first and second defendants
would be persuaded to accede to the other defendants' will,
being to deprive the plaintiff of the opportunity to provide
demolition services. [TORTS] - intentional - wrongful interference
- whether tort of unlawful interference exists - whether third,
fourth and fifth defendants illegally interfered with the contract
between the first and second defendants and the plaintiffs -
whether a contractual relationship existed between the first and
second defendants - whether the third and fourth defendants knew of
that relationship - whether the third and fourth defendants
unjustifiably and intentionally interfered with the contract
between the first and second defendants and the plaintiffs -
whether that interference caused termination of the
contract.[LIMITATION OF ACTIONS] - limitation defence - fraudulent
concealment - whether plaintiff's cause of action is statue
barred - whether plaintiff proved, on the balance of probabilities,
that he discovered fraudulent concealment to enliven the operation
of section 55 of the Limitation Act (NSW) - whether defendants
fraudulently concealed causes of action from the
plaintiff.[BUILDING AND CONSTRUCTION] - contract - building -
performance - whether subcontract was terminated lawfully - whether
first and second defendants paid all that was contractually due -
whether notice of default and notice of termination was ineffective
- whether first and second defendants unlawfully locked out
plaintiff from the work site - whether first and second defendants
unlawfully and without authority or cause, seized and converted the
plaintiff's plant and equipment.[DAMAGES] - torts - negligence
- financial loss - pure economic loss - recoverability - damages
for psychological and psychiatric impairment - aggravated and
exemplary damages - whether experts report in relation to damages
were based on assumptions made good in evidence - whether plaintiff
can claim damages for lost earnings that would have been made but
for the conspiracy - whether plaintiff can claim damages for the
loss of opportunity - whether calculation of damages by expert was
calculated with flawed assumptions. More...
Reynolds v Jaydoug Constructions Pty Ltd (Home Building)
[2012] NSWCTTT 149
Defects- dismissed - in connection with the applicants' claim
for damages of $63,000.00 in relation to the verandah slab, on or
before 30 April 2012 both parties are to file and serve on each
other evidence of the costs involved to demolish or rectify the
verandah in order to comply with the requirements of the building
contract.
More...
Jaydoug Construction Pty Ltd v Reynolds (Home Building)
[2012] NSWCTTT 148
Repudiation of Contracts- John Charles Reynolds and Prudence Anne
Reynolds by their refusal to provide Jaydoug Construction Pty Ltd
with access to the site in accordance with clause 8(a) of the
building contract, repudiated the contract entitling Jaydoug
Construction Pty Ltd to damages.
John Charles Reynolds and Prudence Anne Reynolds are ordered to
pay Jaydoug Construction Pty Ltd damages in the sum of $100,332.60.
More...
Orbit Drilling Pty Ltd v The Queen; Smith v The Queen
[2012] VSCA 82
CRIMINAL LAW – Appeal – Sentence –
Occupational health and safety - Recklessly engaging in conduct
placing a person at a workplace in danger of serious injury
– Employer fined $750,000 – Foresight of
probable danger of serious injury – Judge erred in
attributing to defendant foresight of probability of serious injury
– Crown concession – High culpability offence
– Defendant's culpability very high –
Liability and offences of company and director separate and
distinct – No double punishment – No different
sentence should be imposed – Appeal dismissed –
Occupational Health and Safety Act 2004 (Vic) s 32, Criminal
Procedure Act 2009 (Vic) s 281(1). CRIMINAL LAW – Appeal
– Sentence – Occupational health and safety
– Company breached duty to provide and maintain safe
workplace – Failure to provide and maintain safe system
of work – Company's breaches attributable to
director's failure to take reasonable care – Director
fined $120,000 – Very serious example of offence
– Sentence not manifestly excessive – Appeal
dismissed – Occupational Health and Safety Act 2004 (Vic)
ss 21(1), 21(2)(a), 144(1).
CRIMINAL LAW – Appeal – Sentence –
Guilty plea – Adequacy of discount – Discount
not examinable for specific error – Relevant only to
manifest excess ground – Discounts in other cases of no
assistance – R v Burke [2009] VSCA 60; (2009) 21 VR 471,
Scerri v The Queen [2010] VSCA 287 applied. More...
TCM Builders Pty Ltd v Nikou & Ors (Domestic
Building) [2012] VCAT 578
COSTS – s.109 and s.112 of the Victorian Civil and
Administrative Tribunal Act 1998; whether costs to be awarded to
successful party; settlement offers; where payment made by one
party during the course of litigation; what constitutes a
'successful party'. More...
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