Australia: What's News in Construction & Infrastructure - 19 June 2012

Last Updated: 28 June 2012
Most Read Contributor in Australia, September 2016

In the media

Infrastructure Finance and Funding Reform Report released
The Federal Minister for Infrastructure and Transport has released a report calling for broad reforms to build funding capacity for vital infrastructure. The experts argue that the private sector is a willing infrastructure partner but a lack of projects is impeding greater private sector involvement in infrastructure investment. The report points to the need for a sustained period of reform by all levels of government (13 June 2012) More...

New reports provide valuable snapshot for booming gas industry
Four new reports providing a snapshot of gas reserves in eastern and south eastern Australia released today by the Australian Energy Market Operator (AEMO) with analysis provided by Core Energy Group (04 June 2012) More...

HIA: House building suffers under multi-speed economy
National Accounts figures released this week display a growing divide between the resource and non-resource sectors of the Australian economy, according to the Housing Industry Association (HIA) senior economist, Andrew Harvey (07 June 2012) More...

Growth outcomes differ after new inner Sydney and Melbourne apartment construction
Analyst and economic forecaster, BIS Shrapnel, is forecasting that while vacancy rates for inner Sydney apartments will continue to remain tight, the inner Melbourne apartment market is now heading into oversupply (05 June 2012) More...

Builder receives 12 months good behaviour bond
A Hallidays Point builder found guilty of making and supplying copies of a fraudulent Home Warranty Insurance certificate has been ordered to perform a sentence of 150 hours of community service, pay costs of $2,148 and placed on a good behaviour bond for 12 months by the Wyong Local Court (14 June 2012) Builder receives 12 months good behaviour bond

$112 million for 2012-13 to progress key planning and infrastructure initiatives
The Department of Planning and Infrastructure will be given additional resources to fast-track the assessment of major projects. The 2012-13 Budget commits $13 million to accelerating the assessment of significant state developments, including the remaining development applications lodged under the now repealed Part 3A of the Environmental Planning and Assessment Act (12 June 2012) $112 million for 2012-13 to progress key planning and infrastructure initiatives

$469 million for NSW to deliver major rural water infrastructure projects
The Gillard Government announces support for new water infrastructure projects in New South Wales to improve the health of the Murray-Darling Basin system, with the approved $469 million in funding to support four major projects that will return an average of 80 billion litres of water to the system each year as part of the Basin-wide commitment to infrastructure projects (10 June 2012) $469 million for NSW to deliver major rural water infrastructure projects

John Holland extends Sydney's light rail
Sydney's Inner West Light Rail Extension will proceed with civil engineering contractor, John Holland working on the construction. Delivery of nine additional light rail stations, power and signaling systems and bridge works are included in the contract. (05 June 2012) More...

FWBC secures out-of-court enforceable undertaking
FWBC has reached an out-of-court resolution following an investigation into allegations of sham contracting by a Queensland joinery company. The directors of the business, signed an Enforceable Undertaking (see print friendly version) admitting to the contravention of s357 of the Fair Work Act 2009 (FW Act). (06 June 2012) More...

Queensland Mine knockback shows robust approval process
The Queensland Government has rejected an application for a mining lease on land in the Emerald district of Central Queensland. The Minister for Natural Resources and Mines, said the Mining Registrar advised Bandanna Energy Ltd subsidiary, Springsure Creek Coal Pty Ltd, that its application did not comply with requirements specified in the State's Mineral Resources Act 1989 (07 June 2012) More...

South East Queensland Design and Construct Code
Allconnex, Queensland Urban Utilities (QUU) and Unitywater have cooperatively developed the first consolidated set of technical standards for planning, design and connection to existing water supply and sewerage infrastructure across SEQ (07 June 2012) More...

Federal Govt joins Victoria in supporting regional infrastructure projects
The Deputy Premier and Minister for Regional and Rural Development has welcomed the Commonwealth Government's support for a number of Victorian Coalition Government-funded infrastructure projects (13 June 2012) Federal Govt joins Victoria in supporting regional infrastructure projects

$50m federal cash gift for council projects
Climate Change Minister Greg Combet said the money for smart energy projects would be used to upgrade street lights, retrofit heating and air conditioning, upgrading pools and putting thermal efficiency in libraries (13 June 2012) More...

Latrobe regional airport project a downpayment on economic diversification
Regional Australia Minister Simon Crean said a $3 million grant from the $200 million second round of the Regional Development Australia Fund (RDAF) for the $6.2 million second stage of the Latrobe Regional Airport project was a downpayment on the economic diversification of the region (13 June 2012) More...

RDAF leverages regional development boost for Victoria
Nine Victorian projects that deliver both economic and social dividends will share in a $38.8 million regional development boost through the $200 million second round of the Regional Development Australia Fund (RDAF). The nine Victorian projects announced share in $38.8 million of RDAF grants but also leverage other funding sources to build a strong investment partnership (13 June 2012) More...

Regional Rail Link gets final contractor
Leighton-Downer Joint Venture has received the contract to complete the final work on the Victorian Regional Rail Link. According to the Victorian Government, the $43 million contract will be to design and construct the West Werribee Junction work package (08 June 2012) More...

Victoria signs National Partnership Agreement to strengthen coal seam gas regulation
The Victorian Coalition Government announced a boost to the research and oversight of potential coal seam gas extraction with the signing of a National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development with the Commonwealth Government and the establishment of a new Ministerial Advisory Council (05 June 2012) More...

In practice and courts

CTH: Green Star – Communities Rating System Released
The Green Building Council of Australia (GBCA) has released a national rating tool - Green Star – Communities. Under the system, communities will be rated in each of the following categories: Liveability; Economic Prosperity; Environment; Design; Governance; and Innovation (14 June 2012) More...

Cth: Public Comment - Draft National Building Energy Standard-Setting, Assessment and Rating Framework
The Draft Framework has been released by the Energy Efficiency Working Group (E2WG) of the Select Council on Climate Change (SCCC), representing all states and territories for public comment. Interested parties may make submissions on the Draft Framework paper by Friday 6 July 2012.
Draft National Building Energy Standard-Setting, Assessment and Rating Framework

Cth: Public Comment- Updates to ventilation and air-conditioning codes
Standards Australia is inviting public comment on changes to existing and proposed new codes applying to ventilation and air-conditioning in buildings (AS 1668.2 and a proposed new Standard, AS 1668.4) For more information on the draft standards and forums visit (14 June 2012) More...

Cth: Tax reporting changes for businesses in the building industry
From 1 July 2012, businesses in the building and construction industry need to report the total payments they make to each contractor for building and construction services each year. The ATO wants this in the form of a taxable payments annual report. For more information about taxable payments reporting (June 2012)

Cth: New Standards

AS 4254.1-2012
Ductwork for air-handling systems in buildings - Flexible duct More...

DR AS 4055 Wind loads for housing
Proposes site wind speed classifications for determining design wind speeds and wind loads for housing that is within specified geometric limits. Wind speeds are specified for the serviceability and ultimate strength/stability limit states. Where houses do not comply with the limitations of this Standard, AS/NZS 1170.2 should be used. Comment closes on 09 August 2012. More...

DR AS/NZS 1170.2 AMD 2
Amendment 2 to AS/NZS 1170.2:2011 - Structural design actions - Part 2: Wind actions. Coomet closes 06 August 2012 More...

QLD: Newsflash No 493 - Draft guidelines for inspection of class 2 to 9 buildings
This seeks comment on the draft guidelines for the inspection of class 2 to 9 buildings. Building Codes Queensland (BCQ) has developed a draft Guidelines for the inspection of class 2 to 9 buildings and welcomes questions and feedback. Comments on the draft guidelines may be submitted until 5pm, Friday 22 June 2012 (04 June 2012) More... Draft guidelines for inspection of class 2 to 9 buildings


Director of the Fair Work Building Industry Inspectorate v Mates [2012] FMCA 475
INDUSTRIAL LAW – Penalty hearing – adverse action against employees of subcontractor because they were not members of union – admitted contraventions – considerations on penalty – agreed penalty. More...

Construction, Forestry, Mining & Energy Union v Wagstaff Piling Pty Ltd [2012] FCAFC 87
INDUSTRIAL LAW – construction of a union collective agreement – whether employer was entitled to require its employees to submit to mandatory drug and alcohol testing – agreement did not expressly prohibit nor provide for mandatory drug and alcohol testing – agreement should not be construed as dealing comprehensively with all matters relating to the employment relationship

ADMINISTRATIVE LAW – jurisdictional error – an industrial tribunal cannot exercise judicial power – an industrial tribunal may form and act upon opinions about legal rights as a step in the exercise of its own powers – the participation of an industrial tribunal in a dispute settling procedure cannot be conditioned on it reaching a legally correct opinion More...

Turnbull v Director-General of the Department of Premier and Cabinet [2012] NSWLEC 121
PROCEDURE - stop work order issued under the Native Vegetation Act 2003 - whether two stop work orders served - appeal commenced against later served stop work order - whether time to appeal against stop work order has expired- Building and Construction Industry Security of Payment Act 1999 s 17(3)(c); Corporations Law (Cth) (repealed); Native Vegetation Act 2003 s 37, s 39, s 49 More...

John Frederick Hillam v Ivan Peter Lewis [2012] NSWSC 640
Contract, negotiations, oral contract, alleged declaration of trust, contract construction, commercial context, purpose and object of the transaction, lack of contemporaneous evidence, credibility of witness, alleged admission – geologicial consulting business More...

The Owners Corporation Strata Plan 70579 v Midwest Constructions Pty Ltd & Ors [2012] NSWSC 644
Offer of compromise, unreasonableness, multiple tortfeasors, settlement of one tortfeasor, indemnity costs, costs, pre-judgment interest, calderbank offer Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW); Civil Liability Act 2002 (NSW); Law Reform (Miscellaneous Provisions) Act 1946 (NSW) More...

John Holland Pty Ltd v Coastal Dredging & Construction Pty Limited & Ors [2012] QCA 150
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where appellant subcontracted work to first respondent – where first respondent served payment claim under s 17(1) of the Building and Construction Industry Payments Act 2004 on appellant and appellant served payment schedule in reply to payment claim under s 18(1) of the Act – where first respondent served adjudication application under s 21 of the Act and appellant served adjudication response under s 24 of the Act – where third respondent delivered adjudication decision – where appellant applied in Trial Division for declaration that adjudication void and should be set aside – where appellant argued adjudication decision void because first respondent's payment claim not made from a valid "reference date" as required by s 12 of the Act – where the appellant argued adjudication decision should be declared void because adjudicator found contractual bar of subcontract inapplicable on a basis which neither party contended – whether the adjudication decision was void and should be set aside More...

Sims v Queensland Building Services Authority [2012] QCAT 210
Becoming a "permitted individual" after a relevant company event – Requirement for satisfaction that the applicant took all reasonable steps to avoid the coming into existence of the circumstances that resulted in the happening of the relevant event More...

Cameron v Queensland Building Services Authority [2012] QCAT 209
Becoming a "permitted individual" after a relevant company event – Requirement for satisfaction that the applicant took all reasonable steps to avoid the coming into existence of the circumstances that resulted in the happening of the relevant event More...

Ericson v Queensland Building Services Authority [2012] QCAT 206
Building licence – review of cancellation – non-compliance with Financial Requirements for Licensing More...

470 St Kilda Road Pty Ltd v Reed Constructions Australia Pty Ltd & Anor [2012] VSC 235
BUILDING CONTRACTS - Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudication conducted under Part 3 Division 2 of the Act – Whether 'good faith' a pre-condition to a valid payment claim – Whether 'good faith' implied into the statutory scheme for a payment claim - Whether compliance with the adjudication application time limits provided in s 18(3) of the Act a basic and essential condition of validity - Whether Adjudicator's determination on compliance with the adjudication time limit reviewable – Allegedly false statutory declaration accompanying payment claim – Whether finding by adjudicator that payment claim valid reviewable – Whether reasons provided by adjudicator sufficient to comply with s 23 of the Act.

STATUTORY INTERPRETATION – Implying words into the text of legislation – Implying "good faith" into statutory text. More...

Delic & Ors v Yahome Pty Ltd (Domestic Building) [2012] VCAT 752
Defects – whether settlement agreement between original owner and builder deprives a subsequent owner from taking proceedings for breach of a warranty under section 8 of the Domestic Building Contracts Act 1995.
Evidence – whether sufficient to raise settlement agreement without particulars as defence to claim; burden of proof, sufficiency of evidence. More...

Matic Plastering Pty Ltd v Milojevic [2012] VCC 556
Building and construction industry - security of payment – summary judgement – whether construction contract Building and Construction Industry Security of Payment Act 2002 More...

Jones v Walker and CTR Pacific Pty Limited and Construction Control ACT Pty Limited and Tereel Pty Limited t/as Celtic Plastering Company [2012] ACTSC 93
NEGLIGENCE – personal injury – building site – sand delivery truck coming into contact with scaffolding during unloading – driver directed into position by labourer employed by bricklaying subcontractor – damage to scaffolding causing dislodgment of plank on walkway – plaintiff injured falling through walkway – truck driver and bricklayers' labourer both negligent and equally to blame – company in control of building site not negligent – company employing and controlled by plaintiff not negligent. 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.