In the media
CFMEU officials exposed to Grocon blockade
damages
CFMEU officials face claims for damages of about $500,000 per day
resulting from last week's strike against Grocon at the
Emporium in Melbourne's CBD. The company made the request to
have the officials added to its claim in the Victorian Supreme
Court (05 September 2012)
More...
Vic govt joins Grocon court action
The Victorian government is backing Grocon's contempt
proceedings against the construction union over its Melbourne
building site blockade. Grocon and the attorney-general will ask
the Victorian Supreme Court to find that previous court orders
requiring the blockade to end have been wilfully and repeatedly
ignored (03 September 2012)
More...
Safer Highways for Australia's Truck
Drivers
The safety of the trucking industry receives $40 million funding
to be delivered to the States and Territories to improve the roads
our truck drivers use. The nation's roads are their workplace
and the Federal Labor Government is inviting applications for
funding under Round Three of the Heavy Vehicle Safety and
Productivity Program over 2012-13 and 2013-14 (05 September 2012)
More...
AMEC and China Mining Association MOU
The Association of Mining and Exploration Companies (AMEC) will
sign an important Memorandum of Understanding agreement with the
China Mining Association (CMA) The agreement will ensure the
exchange of information on topics such as mining and exploration
technology, codes of practice, investment, legislation and will
also see the cross promotion of events (04 September 2012)
More...
Clean Energy Landfill Projects Approved Under Carbon
Farming Initiative
The first offset projects under the national Carbon Farming
Initiative (CFI) have been approved, with four landfill sites set
to reap environmental rewards by capturing harmful greenhouse gases
from waste. Two of the gas capture projects are based in Perth at
the South Cardup and Mirrabooka landfill sites, with two others in
Darwin, and Buderim in Queensland (04 September 2012)
More...
National approach to asbestos management
The Minister for Employment and Workplace Relations announces the
Government's response to the comprehensive Asbestos Management
Review (commissioned in October 2010), with the establishment of an
Office of Asbestos Safety which will be tasked with developing a
national strategic plan as recommended by the Review, by 1 July
2013 (04 September 2012)
More...
FWBC secures $200,000 finding against CFMEU and
McDonald
The Federal Court at Perth has ordered the CFMEU and its WA
Assistant Secretary to pay penalties totalling $200,000 and FWBC
costs, for a targeted industrial campaign against a construction
company. The FWBC Chief Executive condemned the CFMEU's
unlawful tactics which were employed to force a construction
company to make an agreement (04 September 2012)
More...
Where are Australia's mines of
tomorrow?
The fact that Australian exploration investment could have peaked,
and the industry may now be entering a period of contraction, are
cause for concern for the sustainability of the Australian mining
industry, according to the AMEC CEO (03 August 2012)
More...
National Building Approvals slump
Building approvals dived 17.3 per cent in July from the previous
month, the latest sign of weakness in the housing market.
Approvals, a gauge of future activity in the housing sector, fell
at triple the 5 per cent pace tipped by economists. Approvals were
also 10.6 per cent lower than a year earlier, the Australian Bureau
of Statistics reported (30 August 2012)
More...
NSW draft transport plan passes the test
The New South Wales Government's draft transport master plan
provides a strong analysis of future transport requirements and
puts in place a logical plan to deal with growth, including the
identification of a network of transport corridors to be protected
for future use, says Infrastructure Partnerships Australia (04
September 2012)
More...
100 million water boost for Sydney homes
The NSW Government has approved a $100 million project to provide
vital water infrastructure to enable the development of 13,000 new
homes Sydney's north-west. The 14km of water pipelines, two
reservoirs, two pumping stations and 10km of pipelines will service
residential and land release areas in Box Hill and Schofields (29
August 2012)
100 million water boost for Sydney homes
New Website: Mackay Ring Road Planning
Study
The local community has more opportunities to have their say and
provide input into the design and preferred route of the proposed
Mackay Ring Road following the development and launch of a
dedicated website: www.mackayringroad.qld.gov.au.
(05 September 2012)
More...
Pipeline secures water supplies for Bega Valley
Shire
Parliamentary Secretary for Sustainability and Urban Water Senator
Don Farrell said the Australian Government had provided $10 million
in funding towards the $24 million pipeline project. The new
pipeline and pump station means up to 20 million litres of
groundwater a day can be transferred to the Yellow Pinch Dam for
later use (29 August 2012)
Pipeline secures water supplies for Bega Valley Shire
Victorian Government halts fracking, coal seam gas
exploration
Victoria put a hold on hydraulic fracturing, a technique used to
produce hard-to-reach gas deposits, and a halt on new coal seam gas
exploration licenses. The moratorium would remain until a national
regulatory framework for regulating coal seam gas and hydraulic
fracturing was put in place by Australia's federal government,
according to the state energy and resources minister (August 2012)
More...
Published – articles, papers, reports
Mineral and Petroleum Exploration, Australia, June
2012
Source: Australian Bureau of Statistics
The trend estimate for total mineral exploration expenditure rose
3.1% (or $31.6m) to $1056.4m in the June quarter 2012. The largest
contributor to the rise in the trend estimate this quarter was
Western Australia (up 7.4% or $41.5m). The current quarter estimate
is 22.9% higher than the June quarter 2011 estimate. The seasonally
adjusted estimate for mineral exploration expenditure fell 4.9% (or
-$52.9m) to $1018.5m in the June quarter 2012. The largest
contributor to the fall this quarter was Queensland (down 12.6% or
-$33.1m), followed by Western Australia (down 1.6% or -$9.3m) (03
September 2012)
More...
Delivering diverse and affordable housing on infill
development sites
Source: Steven Rowley; Australian Housing and Urban Research
Institute
This Investigative Panel brought together key development
stakeholders from Sydney and Perth to identify the main barriers to
infill development and put forward solutions to overcome these
barriers (29 August 2012) Australian Housing and Urban
Research Institute (AHURI)
NSW Long Term Transport Master Plan -
Overview
Source: New South Wales Government
The draft NSW Long Term Transport Master Plan sets the direction
for transport planning for the next 20 years, providing a framework
for transport policy and investment decisions that respond to key
challenges ((04 September 2012) More...
ABS Publications
The Australian Bureau of Statistics (ABS) has released the
following statistical publications:
Mineral
and Petroleum Exploration, Australia, June 2012 (3 September
2012).
Construction
Work Done, Australia, Preliminary, June 2012 (29 August
2012)
Building
Approvals, Australia, July 2012 (30 August 2012) (
further information).
In practice and courts
Commercial Building Disclosure (CBD) fee increases
2012
These increases will become effective 17 September 2012, and are
mandated under the legislation which established the CBD Program,
the Building Energy Efficiency Disclosure Act (2010). These fees
are intended to take account of inflation since the commencement of
the Program
Commercial Building Disclosure (CBD) fee increases (03
September 2012)
National Submissions open for comment
Strategic
framework review of the regulation of land transport of dangerous
goods: options paper
Submissions close 31 August 2012 - Hosted by the National
Transport Commission
NSW: Building Forms
The City of Sydney has updated the following sections on its
website:
Building Forms (updated 31 August 2012) (updated 3 September
2012).
VIC: FWBC action - Grocon dispute
The FWBC has provided information about regulatory action taken by
Fair Work Building & Construction (FWBC) in response to the
Grocon dispute in Victoria (29 August 2012)
More...
QLD: Easier access to housing information
The new the Homes and Housing section of the Queensland Government
website at www.qld.gov.au/housing
draws information from several government departments and includes
information on building, buying, owning, renting or selling a home,
emergency accommodation and homelessness (04 September 2012)
More...
Cases
Director of the Fair Work Building Industry Inspectorate
v Construction, Forestry, Mining and Energy Union [2012] FCA
966
INDUSTRIAL LAW – contempt – admitted breaches
of Court orders and statutory prohibitions – penalties
agreed- Building and Construction Industry Improvement Act 2005
(Cth) More...
CH2M Hill v State of NSW [2012] NSWSC 963
[CONTRACT] - building and construction - whether defendants
breached contractual duty of care - whether breach of specific
design criteria - whether defendants design of the works was in
accordance with best engineering practices - whether defendant
complied with contractual duty of care - whether defendant engaged
in misleading and deceptive conduct by representing it would
provide design services properly - whether rectification works
unreasonable.[EQUITY] - assignments - whether valid assignment -
whether genuine commercial interest.[DAMAGES] - contract -
calculation of indirect costs - whether plaintiff is entitled to
recover damages for corporate overheads - whether assessment of
loss includes rectification works. [TORTS] - duty of care - whether
defendant owed the plaintiff a duty of care - whether duty of care
more extensive than the obligations under the express retainer.
[PROCEDURE] - application for leave to amend - whether amendment
propounded was so deficient as to be embarrassing - whether
proposed pleading is likely to cause significant prejudice. More...
Preston v Commissioner for Fair Trading [2011] NSWCA
40
BUILDING AND CONSTRUCTION - Home Building Act 1989, s 83B(3) -
licensing of builders - disciplinary provisions - holder of
contractor licence issued with reprimand - holder of contractor
licence seeks review in Administrative Decisions Tribunal - whether
decision to reprimand is decision "to impose a penalty" -
whether Administrative Decisions Tribunal has jurisdiction to
review - ADMINISTRATIVE LAW - Administrative Decisions Tribunal -
jurisdiction - internal review - Administrative Decisions Tribunal
Act 1997, s 53 - whether holder of contractor licence aggrieved by
decision to impose reprimand may apply for review - STATUTES -
interpretation - purposive construction - purpose of disciplinary
proceedings - no rigid distinction between punitive and protective
- Interpretation - ambiguous meaning - unjust or capricious result
- STATUTES - interpretation - aids to construction - statutory
history - relevance of pre-existing regulations to amend
legislation - structure of legislation - headings - Consideration
of extrinsic materials - Second Reading Speech - Explanatory
Memorandum - ADMINISTRATIVE LAW - judicial review legislation -
privative clauses - COSTS - party and party costs - litigant in
person - costs of preparation and presentation of case -
out-of-pocket expenses actually and reasonably incurred –
appeal allowed More...
Queensland Building Services Authority v Mahony [2012]
QDC 226
COSTS – Assessment – costs "of and
incidental to" an application – does not include
wasted costs – what covered – reassessment. More...
Queensland Building Services Authority v Johnson [2012]
QCAT 367
PROFESSIONS AND TRADES – BUILDERS –
DISCIPLINARY PROCEEDINGS – where respondent carried out
building work regarding provision of materials and construction
– where respondent did not hold a contractor's
licence of the appropriate class under Queensland Building Services
Authority Act 1991– whether proper grounds exist for
disciplinary action – whether a penalty is an appropriate
order in the circumstances More...
Unifor Australia Pty Ltd v Katrd Pty Ltd atf Morshan
Unit Trust t/as Beyond Completion Projects [2012] QSC
252
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
FOR REVIEW – JURISDICTIONAL MATTERS – where the
respondent succeeded in an adjudication claim under the Building
and Construction Industry Payments Act 2004 (Qld) – where
the respondent provided the wrong supporting spreadsheet to the
adjudicator – where neither side realised the incorrect
spread sheet had been provided at the time of the adjudication -
where the adjudicator acknowledged a difficulty in indentifying
precisely what the terms of the contract were between the parties
– where the applicant contends that an essential
statutory pre-requisite for an adjudication decision was not
satisfied – where the applicant contends the decision of
the adjudicator was fatally infected by jurisdiction error
– where the applicant contends that there was an error of
law on the face of the record – whether the decision of
the adjudicator was unlawful More...
Queensland Building Services Authority v Orenshaw & Anor
[2012] QSC 241 PRACTICE – SUMMARY JUDGMENT –
where the first defendant performed allegedly defective building
work on two properties – where the plaintiff decided to
indemnify the owners – where the plaintiff seeks recovery
of that alleged debt from the first defendant – where the
plaintiff seeks summary judgment – whether the first
defendant has no real prospect of successfully defending the
plaintiff's claim
PRACTICE – SUMMARY JUDGMENT – where the first
defendant makes a counterclaim against the plaintiff for breaches
of duties of care allegedly owed by the plaintiff – where
the plaintiff seeks summary judgment in respect of the counterclaim
against it – whether the first defendant has no real
prospect of succeeding on its counterclaim against the
plaintiff
INSURANCE – BUILDING – LOSS OR DAMAGE
– where the plaintiff contends the defence must fail
because the validity of the process by which the owners were
indemnified and thus the right of recovery from the first defendant
cannot be challenged – whether the plaintiff's
decision to indemnify is unassailable in this proceeding
NEGLIGENCE – where the first defendant's
counterclaim against the plaintiff alleges the plaintiff breached a
duty of care to reject the company's licence application and
caused damage – whether there was a duty of care
– whether its breach caused damage – whether
the damage was too remote – whether the first defendant
has no real prospect of succeeding
PRACTICE – STRIKING OUT – where the plaintiff
seeks in the alternative orders striking out much of the defence
and the whole of the counterclaim
PRACTICE – where the plaintiff seeks orders setting
aside the first defendant's claim against the second defendant
and giving the first defendant leave to commence that claim as a
separate proceeding – whether the divergence in the
nature of the two cases is such that they should be separated
PRACTICE – where the plaintiff seeks to consolidate a
further claim by it against the first defendant – whether
the same or substantially the same questions are involved in both
proceedings More...
Fulton Hogan Construction Pty Ltd v Grenadier
Manufacturing Pty Ltd (in liq) & Ors [2012] VSC
358
Torts — Negligence — Failure of coating
applied to the trusses and handrails of a footbridge —
Whether the failure of the coating was caused or contributed to by
poor application practice by the second defendant or other
contractors — Whether the failure of the coating was
caused or contributed to by defective product manufactured by the
third defendant.
Evidence — Opinion — Expert evidence
— Whether an expert can adopt the reasoning and
conclusions of subordinates in writing an expert report.
Damages — Goods and services tax (GST) —
Whether an award of damages should include GST paid by the
plaintiff to third parties as a consequence of rectifying the
property damage — Whether damages awarded for loss
arising from property damage constitute supply for the purposes of
GST — Where the plaintiff is registered for GST purposes
and entitled to receive an input tax credit.
Damages — Economic loss in tort and contract from
failure to take reasonable care — Concurrent wrongdoers
— Proportionate liability — Wrongs Act 1958
(Vic) Pt IVAA, s 24AH. More...
Legislation
New South Wales
Regulations and other statutory
instruments
Architects Regulation 2012 (2012-424) — published LW
31 August 2012
Marine Safety Legislation Amendment (Fees) Regulation 2012
(2012-442) — published LW 31 August 2012
Mine Subsidence Compensation Regulation 2012 (2012-443)
— published LW 31 August 2012
Surveying and Spatial Information Regulation 2012 (2012-436)
— published LW 31 August 2012
Queensland
Regulations
No 151:
Building Amendment Regulation (No. 3) 2012
—31-08-2012
Amends the Building Act 1975 - activities as CPD activities if the
PSC considers the activities are relevant to pool safety inspection
functions or matters incidental to those functions
Acts
No 20
Mines Legislation (Streamlining) Amendment Act 2012-
29-08-2012
No 21
Heavy Vehicle National Law Act 2012- 29-08-2012
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.