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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remaining development applications lodged under the now repealed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 www.standards.org.au (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)
www.ato.gov.au/taxablepaymentsreporting
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
Cases
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.
Specific Questions relating to this article should be addressed directly to the author.
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