In the media
Slower, softer residential construction upturn
expected
A new report based on revised housing supply figures from the 2011
Census data predicts low levels of demand will keep residential
construction down for at least four years (23 August 2012)
More...
Industry claim mining boom over
Australia's biggest resources companies have revealed that
more than $50 billion worth of expansion projects will not go ahead
as planned, in the latest sign that the peak of Australia's
resources boom has passed (23 August 2012)
More...
Councils and miners on collision course over road
funding
The mining industry has given the cold shoulder to a renewed push
from local governments, engineers and the federal bureaucracy to
introduce a national 'user-pays' road-funding system to
arrest the deteriorating state of regional roads (22 August 2012)
More...
FWBC announces results of Concreting and Finishing Trades audit Fair Work Building & Construction (FWBC) have announced the results of an audit into Australia's concreting and finishing trades businesses. All contraventions were voluntarily rectified by the employers following advice and assistance from Inspectors. During the audit, Fair Work Building Industry Inspectors recovered approximately $289,700 for 310 workers who had been underpaid (17 August 2012) National Targeted Audit: Concreting and Finishing Trades: Final Report
Submissions Called For Construction
Inquiry
The NSW Government is calling for public submissions to its
inquiry into insolvency in the construction industry. Minister for
Finance and Services Greg Pearce said the inquiry, announced
earlier this month, will be chaired by barrister Bruce Collins QC,
who will examine submissions and report back to the Government (20
August 2012)
Submissions called for construction inquiry
Schindler selected for new Sydney harbor
project
Schindler is to supply 106 elevators for a new waterfront
development in Sydney, Australia, known as 'Barangaroo
South' Covering a total area of 22 hectares, and valued at A$6
billion, 'Barangaroo' is an entire city quarter in itself
and aims to demonstrate how urban populations can live sustainably
(21 August 2012)
More...
Laing O'Rourke Awarded $150 Million Civil Works
Contract for Botany Bay Expansion
MarineLink has announced that Hutchison Port Holdings has awarded
Laing O'Rourke a $150 million contract for the construction of
civil and rail infrastructure, representing the first phase of the
new Port Botany Terminal expansion. The terminal is scheduled to
commence operations in 2013 (17 August 2012)
More...
Queensland mounts contractor fraud
crackdown
Contractors working on building projects who fib in statutory
declarations face prosecution and up to three years jail under a
Queensland government crackdown on bogus statutory declarations.
State authorities will get tough on suppliers to the government who
submit false statements claiming that they have discharged all
their obligations to pay receivables owed to sub-contractors and
workers (23 August 2012)
More...
Queensland Parliament passes bill to cut mining red
tape
The Mines Legislation (Streamlining) Amendment Bill 2012 A Bill
that cuts mining red tap,e has passed in Queensland Parliament,
despite criticisms about the length of the consultation period.
Some aspects of the bill loosen restrictions around infastructure
for coal seam gas mining (22 August 2012)
More...
Queensland 30 year water plan in pipeline
State departments and agencies are working to prepare a
'whole-of-government' discussion paper on the challenges
and opportunities facing Queensland's water and sewerage supply
system, to be released in December 2012 (23 August 2012)
More...
Alpha coal mine wins government approval
The federal government has approved the multi-billion dollar Alpha
coal mine and its associated rail line in central Queensland.
Federal Environment Minister Tony Burke says the project was
granted with 19 strict environmental conditions which would ensure
the Great Barrier Reef was protected (23 August 2012)
More...
New Planning Policy announced for
Queensland
The Newman Government has unveiled a new planning policy to unlock
the full potential of the state's four pillar economic policy.
The Planning for Prosperity policy would provide a clear statement
of the position of the Government on the importance of agriculture,
construction, mining and tourism to Queensland and how they must be
considered in the planning process (23 August 2012)
More...
Queensland's coal mining future drowning as exports
plunge
The Queensland Resources Council is urging the State Government to
find a new way to shift a vast volume of water from central
Queensland mines that is holding back about 25 million tonnes of
production. The water has been locked in since the 2011 floods and
the industry cannot dispose of it into creeks and rivers because of
environmental concerns (21 August 2012)
More...
Works begin on $6.4M Mildura Airport
upgrade
Deputy Premier and Minister for Regional and Rural Development
Peter Ryan visit marks the official start of the $6.4 million
Mildura Airport Terminal Redevelopment Project. Funding for the
Mildura Airport Terminal Redevelopment Project included $5.2
million from the Victorian Coalition Government's Regional
Growth Fund (RGF) and an additional $1.2 million from the Mildura
Rural City Council. (21 August 2012)
Works begin on $6.4M Mildura Airport upgrade
Key Parliamentary Committee to question lessons learnt
on significant projects
The Public Accounts and Estimates Committee of the Victorian
Parliament will conduct its second stage of public hearings with
the Secretaries of major constructing Departments, the Victorian
Auditor-General, CEOs of facilities built under Public-Private
Partnerships (PPPs) and private sector organisations who are PPP
participants in major infrastructure development and delivery (20
August 2012) More...
Builders named for $80 million New Norlane
project
The Housing Minister has launched the next phase of the $80
million New Norlane project, announcing the builders who will
partner with the Victorian Coalition Government to revitalise the
suburb, with 320 new affordable private and public homes in Norlane
by 2015 (15 August 2012)
Builders named for $80 million New Norlane project
Published – articles, papers, reports
The Asbestos Management Review Report June
2012
DEEWR Recommendations for the development of a national strategic
plan to improve asbestos awareness and management in Australia, was
released by the Minister for Employment and Workplace Relations on
16 August 2012
More...
Concreting and Finishing Trades Audit Report
Fair Work Building & Construction
(FWBC)
This features employers in every state working in the concreting,
painting, plastering, tiling, and gyprocking trades. FWBC field
operations chief Michael Campbell stated that 140 of the 252
businesses audited were compliant with federal workplace laws (17
August 2012)
More...
Department of Planning and Infrastructure Compliance
Report
Monthly auditing and compliance activities report published for
July 2012 (23 August 2012)
Compliance Report published for July 2012
HIA Industry Outlook Presentations
2012 HIA Bluescope Lysaght Industry Outlook Breakfast (August
2012), delivered by HIA chief economist Harley Dale in Perth
The Outlook for Australia's Residential Construction
Industry (August 2012), delivered by HIA chief economist Harley
Dale in Fremantle
In practice and courts
NSW: Inquiry into insolvency in the construction
industry
The inquiry's terms of reference include looking at how
initiatives such as insurance schemes, trust arrangements or mutual
funds could help secure subcontractor entitlements. Submissions can
be lodged on the NSW Government's "Have Your Say"
website, which is www.nsw.gov.au/haveyoursay
or by emailing info@iicii.nsw.gov.au
NSW: Maintaining and expanding public electricity power
plants - consultation
The proposed amendment to the State Environmental Planning Policy
(Infrastructure) – known as the Infrastructure SEPP –
is being publicly exhibited by the NSW Department of Planning and
Infrastructure for one month from Monday 20 August to Wednesday 19
September 2012 (20 August 2012)
Maintaining and expanding public electricity power plants: have
your say
VIC: Inquiry into Effective Decision Making - Public
Hearings Schedule
The Committee will be holding Public Hearings for its Inquiry into
Effective Decision Making for the Successful Delivery of
Significant Infrastructure Projects in relation to Term of
Reference (d) 21 to 24 August 2012 inclusive, and on 8 October
2012. The August hearings will be held in the Legislative Council
Committee Room (LCCR), Parliament House. The schedule can be found
here.
Cases
Lane Cove Council v Ross (No 4) [2012] NSWLEC
191
INJUNCTIONS AND DECLARATIONS: building works in breach of
development consent - respondent admits breach - utility of
declaratory relief - declarations and injunctive relief granted. More...
BHW Solutions Pty Ltd v Altitude Constructions Pty Ltd
[2012] QSC 214
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PROGRESS PAYMENTS – PAYMENT CLAIMS –
where subcontractor served payment claims on the contractor for the
purpose of s 17 Building and Construction Industry Payments Act
2004 (Qld) – where the respondent did not serve payment
schedules in response to the payment claims – where the
contractual provision required a progress claim to be accompanied
by a statutory declaration as a precondition to payment –
whether absence of declaration invalidated payment claims More...
J & MD Milligan P/L v Queensland Building Services
Authority [2012] QSC 213
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND
– PROCEDURE UNDER RULES OF COURT – PLEADING –
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) – where plaintiff
seeks leave to amend claim to introduce new cause of action in
estoppel – where plaintiff carries on business fabricating
and installing steel structures – where defendant is the
licensing authority with responsibility for the plaintiff's
trade – where defendant sent plaintiff licence renewal notice
– where licence suspended pursuant to s 53A Queensland
Building Services Authority Act 1991 (Qld) because plaintiff did
not provide information about its continued satisfaction of
relevant financial requirements – where information
subsequently provided – where suspension ended –
whether plaintiff should be given leave to amend claim to seek
declaration that defendant estopped from denying that the
information provided was that required by s 53A
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND
– PROCEDURE UNDER RULES OF COURT – PLEADING –
STATEMENT OF CLAIM – STRIKING OUT AND SUMMARY JUDGMENT
– UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) –
Interpretation of s 53A Queensland Building Services Authority Act
1991 (Qld) – whether plaintiff has pleaded elements necessary
for estoppel – whether estoppel available to prevent exercise
of statutory duty or statutory discretion – where application
to strike out all or parts of statement of claim – whether
summary judgment should be entered for defendant More...
Hoyle v Burrows [2012] QCAT 336
BUILDING – whether a subcontractor or principal contractor
– whether subcontractor is liable for defective work –
whether work done at specific direction by owner – whether
owner accepted the risk of defective work More...
Cardona & Anor v Brown & Anor [2012] VSCA
174
CONTRACT – Claim for progress payment – Whether claim
for completion of lock-up stage depends upon builder having first
completed frame stage – Whether open for trial judge to find
that lock-up stage had been completed – Whether
'home' included garage – Which party repudiated
contract – Whether builders' demand for progress payment
for lock-up stage was premature – Whether builders'
notice for suspension of works was premature – Domestic
Building Contracts Act 1995 (Vic) ss 3, 5, 40 – Appeal
allowed. More...
Neil Fletcher Design Pty Ltd v Ferraro (Civil Claims)
[2012] VCAT 1206
Building design work – interim invoice issued –
liability denied on grounds of interpretation of the contract,
alleged design faults, wrongful termination of the contract by the
designer, misleading conduct, Coleman v Gordon M Jenkins &
Associates Pty Ltd – respondent found to be liable –
interest pursuant to the contract.
The Respondents shall pay the Applicant $8,286.68. More...
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