In the media
PM hands out $90m for polluters as carbon tax
looms
The Gillard government has revealed $90 million in industry
bailouts on the eve of the introduction of the carbon tax to
protect more than 3000 jobs as it emerged that 50 manufacturers in
four states had been handed a two-year deadline to switch to
low-emissions energy supplies (30 June 2012)
More...
Giant projects in the pipeline point to $209bn pay dirt
from exports
Despite commodity price falls in recent months, the Bureau of
Resources and Energy Economics said that a rapid expansion of iron
ore, liquefied natural gas and coal output would drive higher
export earnings (28 June 2012)
More...
Bold ideas for local government infrastructure
funding
Local Government Minister Simon Crean today released a major
review that identifies potential new ways for local governments to
plan, finance and deliver infrastructure investments.
Nation-building does require big investment in infrastructure, but
that can't be done by governments alone we need partnerships
between governments, and where appropriate, with the private sector
(19 June 2012)
More...
Asbestos court win leaves BHP exposed
BHP Billiton could face claims for millions of dollars in punitive
damages after a South Australian court ruled that it exposed its
workers to asbestos dust when it knew of the dire potential health
consequences of doing so (20 June 2012)
More...
Construction industry welcomes assessment of building
code
The building and construction industry welcomes the Department of
Innovation and Industry's call for an assessment of the
economic benefits of three key national building codes (15 June
2012)
More...
Major project delays cost Boral
Building materials supplier Boral has slashed its profit forecast
for the second time in three months. Boral has told analysts that
about two-thirds of the latest profit downgrade was a result of
delays to two major projects - the Gladstone LNG project in
Queensland and the Peninsula Link in Victoria (28 June 2012)
More...
Record prosecution against unregistered
builder
A prosecution brought by the Building Commission against an
unregistered builder has resulted in one of the largest fines ever
recorded by the Victorian building regulatory body. The
Unregistered builder, was ordered to pay an aggregate fine of
$100,000 and legal costs of approximately $20,000 (20 June 2012)
More...
Reed administration worries Port Macquarie
builder
Mid north coast creditors of the Reed Group are worried about the
company's move into voluntary administration. A retention fee
for local Building the Education Revolution projects and was
supposed to be held in trust in case of building faults (28 June
2012)
More...
Newcastle Bypass contract handed to
Thiess
The New South Wales Government has washed its hands of Hunter
Valley sub-contactors who are owed money by the failed Reed
Constructions. Roads Minister Duncan Gay says the money owed to
subcontractors will not be paid by the Government (27 June 2012)
More...
Statement On Metgasco
The O'Farrell Government has banned the use of evaporation
ponds for coal seam gas production. The Division of Resources and
Energy has advised Metgasco that should it wish to use the dam for
CSG activities, it will need further approval from the Division (20
June 2012)
More...
Queensland Bruce Highway Upgrade: Wrights Creek Bridge
Project
Construction companies interested in the job of widening the
existing bridge over Wrights Creek as well as straightening the
approaches to it have until 16 July to submit their best bids under
the tender process which is being managed by the Queensland
Government, with work expected to start in coming months (25 June
2012)
More...
New funding for the Gladstone LNG project
The GLNG project, which will process coal seam gas (CSG) into
liquefied natural gas, is owned by Santos, PETRONAS, Total and
KOGAS. The owners of the Gladstone liquefied natural gas (GLNG)
project will bring forward $US2.5 billion ($A2.49 billion) in
spending to speed up its delivery of gas. (28 June 2012)
More...
LNP moves early to strike balance between mining and
farming
The Newman Government has today taken another step towards
achieving a transparent and respectful relationship between
resource companies and landholders, tabling the report of an
Independent Review into Land Access arrangements (19 June 2012)
More...
ACCC grants interim approval to Surat Basin coal
producers to collectively bargain
The Australian Competition and Consumer Commission has granted
interim authorisation to allow Cockatoo Coal and Stanmore Coal to
commence collective negotiations with the Surat Basin Rail joint
venture (20 June 2012)
ACCC grants interim approval to Surat Basin coal producers to
collectively bargain
Building asbestos removal and management to get top
priority
Within government buildings, including public housing, initial
indications are there may be up to 10 million square metres of
asbestos-containing material (ACM), according to the Minister for
Housing and Public Works. The development of a comprehensive,
long-term plan for the management and targeted removal of asbestos
from Queensland Government buildings has now been ordered (21 June
2012)
More...
Victorian building permit activity valued at $19.1
billion for 2011-12 financial year to date
The value of building permit activity for the 2011-12 financial
year until 30 April 2012 was $19.1 billion, a decrease of 4.1 per
cent when compared to the same period in the 2010-11 financial
year. Despite the overall decline in the value of building permit
activity for the 2011-12 financial year to date, four of the seven
building use categories recorded increases when compared to the
same period in the 2010-11 financial year (22 June 2012)
Victorian building permit activity valued at $19.1 billion for
2011-12 financial year to date (51KB)
Published – articles, papers, reports
Strong foundations for sustainable local
infrastructure
Source: Ernst and Young
A major review that identifies potential new ways for local
governments to plan, finance and deliver infrastructure
investments. The review by Ernst and Young, was launched by the
Minister at the National General Assembly of Local Government in
Canberra (18 June 2012)
Strong foundations for sustainable local infrastructure.
BPBulletin
Source: Building Practitioners Board
Online consultation, summary outcomes of consultation, practice
advice (22 June 2012)
BPBulletin - 22 June 2012
The future for building certification in NSW –
the industry view
Source: The Building Surveyor, June 2012 More...
In practice and courts
Flood Definition released - Insurance Contracts
Amendment Regulation 2012 (No. 1)
This regulation amends the Insurance Contracts Regulations 1985 to
introduce a standard definition of "flood" for home
building and home contents, small business and strata title
insurance contracts.
"Flood" means the covering of normally dry land by water
that has escaped or been released from the normal confines of: any
lake, or any river, creek or other natural watercourse, whether or
not altered or modified; or any reservoir, canal, or dam (18 June
2012)
Insurance
Contracts Amendment Regulation 2012 (No. 1)
ACCC Carbon Claims Hotline
The ACCC Carbon Price Claims Hotline, 1300 303 609, and online
carbon price claim form, will make it easier for consumers and
business to complain if they suspect false price claims are being
made about the carbon price To report a claim or for further
information on the ACCC's role in relation to carbon price
claims and a range of associated publications for businesses and
consumers, visit www.accc.gov.au/carbon (18
June 2012) More...
Cth: New Standards
AS 1684.3-2010/Amdt 1-2012
Residential timber-framed construction - Cyclonic areas
More...
AS 1684.2-2010/Amdt 1-2012
Residential timber-framed construction - Non-cyclonic areas
More...
QLD: Building and plumbing newsflash Issue 494 -
Amendments to the Building Act 1975
The Cost of Living Amendment Bill 2012 (COLA) amendments to the
Building Act 1975 have been passed by the Queensland Parliament and
that sustainability declarations are no longer required when
selling or advertising residential property, effective 26 June 2012
(28 June 2012)
Amendments to the Building Act 1975
Cases
Helal v Brookfield Multiplex Limited [2012] FCA
653
INDUSTRIAL LAW – Building and Construction Industry
Improvement Act 2005 (Cth) – coercive threat demanding
employment of a "building employee" –
imposition of pecuniary penalty – agreed penalty proposed
– relevant considerations in assessing whether proposed
penalty is appropriate. More...
Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd [2012]
NSWCA 184 CONTRACTS - building and construction - clause requiring
execution of strata plan - construction - whether obligation arose
only on completion of works - meaning of 'completion' -
whether requiring only 'practical completion'
CONTRACTS - building and construction - entire contract - whether
doctrine of substantial performance applicable -whether obligations
substantially performed
PRACTICE AND PROCEDURE - references - adoption of referee's
report - whether referee erred in construction of contract
CONTRACTS - waiver - forbearance abandonment and election -
whether taking possession of incomplete building works constituted
waiver of right to completion
CONTRACTS - construction - implied obligation of good faith -
content of obligation - whether obligation capable of altering
express contractual terms - whether breach of obligation.
CONTRACTS - termination - repudiation - whether renunciation of
contract
RESTITUTION - availability of recovery on quantum meruit - whether
action for damages by innocent party enlivens claim by defaulting
party for recovery on quantum meruit
CONTRACTS - building and construction - damages - measure of
damages - Bellgrove v Elridge - Tabcorp Holdings Ltd v Bowen
Investments - whether rectification work reasonable - relevance of
probability work would not be carried out. More...
Lifestyle Designer Homes Pty Ltd v Choy (Home Building)
[2012] NSWCTTT 217
Home Building Act 1989; Surveillance Devices Act 2007
Substantial completion by builder as pre-requisite to progress
claim - Repudiation of contract
Termination of contract by owners or builder in compliance with
terms of the contract
Abandonment of contract- Consequential damages for breach of
contract
More...
Wood v Balfour [2011] NSWCA 382
TORTS - deceit - sale of residential property - property had major
termite damage which was not patent and which compromised its
structural integrity - prior to contemplating sale vendors had
undertaken work to repair and cover limited damage - purchasers
alleged that the work was done to conceal major damage of which
vendors aware and that non-disclosure of that damage at the time of
sale amounted to a representation by the vendors that there was no
serious termite damage to the property - held that vendors unaware
of major damage and did not act dishonestly - whether necessary in
considering purchasers' claimed remedy in deceit to consider
whether vendors made a representation
APPEAL - application on appeal to adduce further evidence of
discovery made after hearing at first instance - appellants
purchased property that had major termite damage which was not
patent and which compromised its structural integrity -purchasers
and their legal representatives made deliberate decision to leave
damaged timber beam in situ pending the hearing at first instance -
prior treatment of beam only became apparent when beam removed
after hearing at first instance - whether requirement of reasonable
diligence satisfied More...
Riddell v Queensland Building Services Authority [2012]
QCAT 226
GENERAL ADMINISTRATIVE REVIEW – PERMITTED INDIVIDUAL
– whether individual took all steps to avoid the coming
in to existence of the circumstances that resulted in the
liquidation of the company – where significant conflict
between directors and lack of cooperation by other director
Briginshaw v Briginshaw (1938) 60 CLR 336 Minister for Immigration
and Ethnic Affairs v Pochi (1980) 4 ALD 139 Re Kirby and Collector
of Customs (1989) 20 ALD 369 Younan v Queensland Building Services
Authority [2010] QDC 158 Hyde v QBSA [2003] QBT 072-02 [52-53]
CCYPCG v Lister [2011] QCATA 87 Queensland Racing Limited v McMahon
[2010] QCATA 73 Laidlaw v QBSA [2010] QCAT 70 More...
Richard Kirk Architect Pty Ltd v Australian Broadcasting
Corporation & Ors [2012] QSC 177
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
FOR REVIEW – JURISDICTIONAL MATTERS – where the
applicant entered into a contract with the first respondent for the
provision of architectural services – where the applicant
served a payment claim on the first respondent pursuant to the
Building Construction Industry Payments Act 2004 ("the
Act") – where the first respondent contended that
the payment claim was void or invalid or in the alternative if the
claim was valid it amounted to $NIL – where the applicant
served further documents on the first respondent in reference to
the claim – where the first respondent disputed the
documents formed part of the payment claim – where the
applicant sort an adjudication of the payment claim –
where the first respondent maintained its position that the payment
claim was void throughout the adjudication – where the
adjudicator found that the payment claim was valid and amounted to
$NIL – where the adjudicator ruled the further documents
did not form part of payment claim – where the applicant
claims the decision of the adjudicator is void or liable to be set
aside for want of jurisdiction – where the applicant now
adopts the first respondents argument that the payment claim was
not a valid payment claim as defined under the Act –
where the applicant further submits that the adjudicator should
have taken the further documents into account when making his
decision – whether the adjudication decision is void or
liable to be set aside More...
Dart Holdings Pty Ltd v Total Concept Group Pty Ltd and
Ors [2012] QSC 158
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– THE CONTRACT – LEGALITY – where the
plaintiff engaged the first defendant as a subcontractor to supply
and install certain items, largely made of glass – where
an adjudicator decided that the plaintiff was to pay the first
defendant the money it claimed under the Building and Construction
Industry Payments Act 2004 – where the plaintiff
challenges that adjudication on the basis that the Contact was not
enforceable because it required the first defendant to perform work
for which it was not duly licensed under the Queensland Building
Services Authority Act 1991 – whether the first defendant
was duly licensed to perform the work it was required to perform by
the Contract
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – RECOVERY – where the
plaintiff claims that if any part of the work which the first
defendant was required to perform under the Contact was work for
which it was unlicensed, then none of the Contact is enforceable by
it and it is unable to claim the lump sum price of the Contact
– where the first defendant relies upon the severability
clause of the Contract to sever the clause requiring the work to be
performed for which it is unlicensed – whether the clause
requiring the first defendant to perform work for which it is
unlicensed can be severed from the remainder of the Contract,
allowing it to recover the moneys owing to it for the work lawfully
performed under its licence 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.
