Australia: Construction & Infrastructure - What's News - 4 December 2012

Last Updated: 9 December 2012
Article by Chris Edquist

In the media

Senate committee rejects bill to regulate wind farm noise
The Senate's Environment and Communications Legislation Committee, recommended that any consideration of further regulatory measures for wind farms beyond those already imposed by state governments, should await the findings from an assessment by the National Health and Medical Research Council (NHMRC) of the health effects, if any, created by wind farms (29 November 2012). More...

New report on Residential Construction and Building the Economy
An economic report prepared for the Housing Industry Association (HIA) has quantified the significant national economic potential of increased activity from the residential construction sector. The report considers the relationship between the construction sector, residential building and the broader economy (28 November 2012). More...

Building Australian with new Italian Infrastructure Ties
The Federal Government is providing the opportunity for international infrastructure investment and expertise so as to meet the transport and infrastructure needs for our nation. This includes Italian based companies already involved in delivering major Australian infrastructure projects (28 November 2012). More...

Independent Expert Scientific Committee to advise on Coal Seam Gas and Large Coal Mining
The Environment Minister has announced the membership of the new Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development. The legislation to amend the Environment Protection and Biodiversity Conservation Act 1999 establishes the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development (27 November 2012). More...

Report confirms record spending in major resources and energy projects
A report released by the Bureau of Resources and Energy Economics has confirmed that the Australian resources industry has many years of impressive activity ahead. The Resources and Energy Major Projects October 2012 report, details 87 major projects which have committed investment of $268.4 billion and also identifies 277 projects in the planning stages (28 November 2012). More...

Residential Construction - Building the Economy
An economic report prepared for the Housing Industry Association (HIA) has quantified the significant national economic potential of increased activity from the residential construction sector. Compiled by the Centre for International Economics (CIE), the report considers the relationship between the construction sector, residential building and the broader economy (28 November 2012). More...

Housing affordability continues to improve- HIA
The good news on housing affordability continued in the September 2012 quarter with improvements evident across all geographical areas, said the Housing Industry Association. The HIA-CBA Housing Affordability Index increased by 5.3 per cent in the September 2012 quarter. This is the seventh consecutive quarter where we have seen an improvement in the headline affordability index (27 November 2012). More...

Glazing business manager convicted after misleading FWBC
The wife of a director of a glazing business who produced forged documents to Fair Work Building and Construction's predecessor, and urged another person to hinder one of the industry regulator's inspectors, has been convicted and fined $3000 (26 November 2012). More...

Fire safety expert's call to end exemption on fire safety
Fire safety experts want to end a building code exemption that allows apartments lower than 25 metres to be built without sprinklers and other safety measures. The Fire Protection Association and groups representing engineers and fire brigades, will study the feasibility of changing the Building Code of Australia (20 November 2012). More...

Sydney Water systems upgrades
Sydney Water has signed a $100 million agreement with Schneider Electric Australia and Thompson Controls to upgrade and maintain systems at 33 water and wastewater treatment plants. The contract is for a three-year period, with the option for Sydney Water to extend the contract for two more three-year terms. Full support services will be in place by March 2013 (30 November 2012). More...

Rail corridor development essential to house Sydney's growing population
The recent report by the NSW Parliament on the utilisation of rail corridors makes good planning sense for managing population growth, says the Urban Taskforce. Sydney has grown outwards from its CBD with a series of radial road and rail corridors but many of these corridors are underdeveloped and lacking in a good urban character (29 November 2012). More...

NSW Government Response to the Wilcox Report into Lightning Ridge Opal Mining
On 30 November 2011, the NSW Government released the Wilcox Report into Lightning Ridge opal mining for public consideration. During the exhibition period, 983 submissions were received. This NSW Government response was prepared to address the recommendations of the Wilcox Report and related issues (27 November 2012). More...

Sydney Water invests $13 million to improve the wastewater system
Sydney Water is investing $13 million to repair two large wastewater pipelines across three Local Government Areas including Marrickville, Canterbury and Rockdale. Sydney Water's Managing Director, said the work will improve services for the community and provide infrastructure upgrades for the long term (21 November 2012). More...

Silt curtain installed in Sydney Harbour
A 6m deep and 420m long silt curtain has been installed around the Barangaroo headland in Sydney as part of major marine works to be carried out by Baulderstone. The long curtain is the first of two to be installed during the life of the 6ha Headland Park construction project with a 405m curtain to be installed in 2013. Construction on the project is expected to be completed in 2015 (30 December 2012). More...

NSW Construction expenditure improving
The latest ABS figures for building construction expenditure indicate a positive improvement for NSW compared to Queensland and Victoria, says the Urban Taskforce. The seasonally adjusted September quarter building construction expenditure of $4.6 billion indicates that NSW is recovering from a low base (29 November 2012). More...

Uranium exploration submissions received
The NSW Government has received 39 Expressions of Interest to explore for uranium in NSW following the proclamation of legislation to overturn the 26 year ban on uranium exploration. Resources Minister Chris Hartcher said the applications to apply for exploration licences will be assessed by an expert panel, who will make recommendations to the Government (20 November 2012). More...

Public comment open on New Acland expansion
The Newman Government is calling for public comment on new draft terms of reference for a proposal to expand the New Acland Coal Mine in the Darling Downs. The revised proposal significantly reduce its impact on agricultural land, and moved it further away from local communities (30 November 2012). More...

Mining reforms boost investment certainty
Changes proposed through the Mining and Other Legislation Amendment Bill 2012 will expand and improve the competitive tendering process to explore Queensland's highly prospective coal tenures (29 November 2012). More...

Queensland Infrastructure Authority to oversee Games construction
The delivery of major infrastructure for the Gold Coast 2018 Commonwealth Games is one step closer with the passage of the Economic Development Bill 2012, creating the Commonwealth Games Infrastructure Authority (CGIA) for a coordinated approach to developing infrastructure for the Gold Coast 2018 Commonwealth Games (29 November 2012). More...

Newman Government reforms assist small miner operators
Key reforms proposed through the Mines and Other Legislation Amendment Bill 2012 mean eligible small scale miners currently on a mining lease for gemstones can transition to a mining claim of up to 20 hectares for a 10 year term (28 November 2012). More...

Expressions of interest for Aurukun bauxite development
The Newman Government has opened an Expressions of Interest process for the development rights to the Aurukun bauxite resource on Cape York, going to the open market to find proponents with the capability, capacity and experience to develop a bauxite mine and associated infrastructure (27 November 2012). More...

New Gasfields Commission powers established
The Newman Government steps towards improved co-existence between resource companies, landholders and communities with the introduction of the Gasfields Commission Bill 2012 to the Queensland Parliament, formalising the powers of the Gasfields Commission (27 November 2012). More...

Flood and Infrastructure money allocated to regional Queensland
Te Newman Government has confirmed that more than 90 per cent of its council flood and infrastructure money has gone to regional and rural councils for 2012-13, with almost $23.5 million $26 million allocated through Local Government grants programs (27 November 2012). More...

Queensland mines urged to prepare for wet season
Queensland mines, quarries and exploration sites are being reminded to prepare their emergency response plans ahead of the coming wet season (20 November 2012). More...

$78 Billion in Queensland Construction Pipeline
The Queensland government is currently assessing $78 billion worth of significant construction projects with the potential to create 40,000 jobs, Queensland Deputy Premier Jeff Seeney says (23 November 2012). More...

Coalition delivers $700,000 boost for Latrobe Regional Hospital
Latrobe Regional hospital will receive a $700,000 Victorian Coalition Government boost to construct a new purpose built home for its ambulatory sub-acute services (30 November 2012). More...

Building regulator left public in the dark
Victoria's soon-to-be-abolished building industry regulator secretly stopped publishing the results of disciplinary hearings involving builders and surveyors, leaving the public unaware of a practitioner's performance history according to reports (30 November 2012). More...

Unions move to ditch Grocon-linked super fund
Building unions are moving to sever their relationship with a major industry superannuation fund that has links to Grocon. They will call for expressions of interest for replacement superannuation funds to Cbus (30 November 2012). More...

A fresh start for building industry regulation
Planning Minister Matthew Guy has announced he would reform the oversight of building industry regulation to meet the 21st century needs of consumers and industry participants, with a new Victorian Building Authority (VBA) established as the single over-arching body responsible for setting and enforcing building industry regulation (29 November 2012). More...

Coalition to reform PPP model
Government is overhauling the delivery of public private partnerships (PPPs) in Victoria. These reforms will assist Victoria's infrastructure needs when dealing with the challenges of constrained liquidity markets, a $6.1 billion downgrade in GST revenue from Canberra and cost blowouts (28 November 2012). More...

Funding grants open to boost resource recovery infrastructure
The Victorian Coalition Government is calling for Expressions of Interest from organisations to develop large-scale waste infrastructure projects capable of processing in excess of 100,000 tonnes of commercial and industrial waste each year (28 November 2012). More...

Major Milestone for Princes Highway Duplication
The Princes Highway upgrade between Traralgon and Sale was identified as a key priority project under the VicRoads Princes Highway East Corridor Strategy. This $175 million project to duplicate sections of the Princes Highway from Traralgon to Sale is jointly funded by the Australian ($140 million) and Victorian governments ($35 million) (28 November 2012). More...

Builders Hand Back 1 in 3 Blocks of Land
Latest research from the National Land Survey Program (NLSP) Melbourne chapter shows that thirty percent of new land activities for the September quarter were cancellations. The current level of cancellations is put into perspective when during the property boom (June 2009 - December 2010) the cancellation rate averaged four percent (28 November 2012). More...

Melbourne Airport third runway a sound plan for growth
Melbourne Airport's plan for a third runway is an important recognition of Victoria's growing freight and passenger task, says Infrastructure Partnerships Australia the nation's peak infrastructure body. Melbourne Airport is the country's second largest international gateway and handles nearly one-third of the nation's air freight (20 November 2012). More...

Hume Highway Upgrade Enters Final Stage
Work on the last remaining section, the Holbrook bypass, is on track to be completed by the middle of next year. The new four-lane Holbrook bypass is being built by Abigroup with funding from both the Federal ($224.7 million) and NSW ($22.3 million) governments (22 November 2012). More...

Published – articles, papers, reports

Building infrastructure
Source: Ministry of Business, Innovation and Employment, New Zealand
The Building Infrastructure progress report describes the current state of New Zealand's infrastructure (26 November 2012). More...

Assessing occupant comfort in an iconic sustainable education building
Source: Brian Purdey, Rick Best; Australasian Journal of Construction Economics and Building (AJCEB) Vol 12, No 3 (2012)
This survey of resident staff and transient students assessed the performance of the Mirvac School of Sustainable Development at Bond University, the first educational building to achieve a six Green Star rating (26 November 2012). More...

Construction and the Wider Economy: a general equilibrium analysis
Source: Centre for International Economics (CIE) M
The report considers the relationship between the construction sector, residential building and the broader economy (28 November 2012). More...

Resources and Energy Major Projects October 2012 Report
Source: Bureau of Resources and Energy Economics
Details 87 major projects which have committed investment of $268.4 billion. The 87 projects are made up of 51 minerals projects, 18 gas and petroleum projects and 18 infrastructure projects, and include 11 'mega projects' which cost more than $5 billion each (released 28 November 2012). More...

A fresh start for building industry regulation: Reforming Victoria's building system
Source: State Government of Victoria (November 2012). More...

In practice and courts

Current Draft Policies and Plans, Announcements

National Infrastructure Construction Schedule
Through the National Infrastructure Construction Schedule the Government is putting investment opportunities at the fingertips of companies world-wide. Inspect the latest range of major infrastructure projects, nationally and by state here https://www.nics.gov.au/ (28 November 2012).

Master Builders: Contract Management suite updated
Master Builders Australia has updated the standard form Construction Management and accompanying Trade Contract. The contracts have been updated to reflect new harmonised occupational health and safety legislation, to include provisions for service by email and to reflect improved dispute resolution practices. The contracts and a user guide are available now for sale via Master Builders website. (27 November 2012). More...

FWBC: online resources for CALD workers
Fair Work Building & Construction has launched a suite of resources dedicated to raising awareness of workplace rights and responsibilities among culturally and linguistically diverse (CALD) workers in the building and construction industry (22 November 2012). More...

New Australian standard: AS 1668.2-2012
The use of ventilation and airconditioning in buildings - Mechanical ventilation in buildings. More...

NSW: Have your say: Building Professionals Amendment (Exemptions) Regulation 2012
An Amendment Regulation has been released for exhibition that would amend the Building Professionals Regulation 2007 to limit certain existing exemptions to the conflict of interest provisions that apply to council accredited certifiers relating to a development that has a capital investment value not exceeding $5 million. The Amendment Regulation will be on exhibition until 22 December 2012 (23 November 20912). More...

NSW: Feedback on proposed awning advice
Feedback is being sought on proposed advice to local councils to ensure awnings over public areas such as footpaths are safe. The circular for Safety of Awnings Over Public Land is on exhibition until Wednesday 19 December 2012. For more information visit www.planning.nsw.gov.au/proposals (28 November 2012). More...

QLD: Get your home storm and cyclone ready
With northern areas of Queensland commencing preparations for the looming cyclone season, Master Builders is encouraging home owners to ensure their homes are ready. For repairs engage a licensed contractor to ensure you are complying with Building Services Authority (BSA) regulations (26 November 2012). More...

QLD: delayed regulations under the Work Health and Safety Regulation 2011
Commencement of a number of provisions in the Work Health and Safety Regulation 2011 (Qld) has been delayed until 1 January 2014, following concerns that the requirements were unworkable or had unintended consequences. These include provisions for audiometric testing (see s 58); Protective structures on earthmoving equipment (see s 217); certain asbestos regulations that are new in Queensland (see s 425, 429, 432, 433 and Div 1 of Pt 8.5), and design registration of concrete placing booms and prefabricated formwork (see s 779). More...

VIC: new Victorian Building Authority
A new Victorian Building Authority will be established to oversee building industry regulation. The functions of the Building Commission, Plumbing Industry Commission and the Architects Registration Board will be absorbed into the new authority, which will provide a single point of governance for builders, plumbers and architects (29 November 2012). More...

VIC: A fresh start for building industry regulation
Planning Minister Matthew Guy has announced he would reform the oversight of building industry regulation to meet the 21st century needs of consumers and industry participants (29 November 2012). More...

VIC: PPP Model reforms
New measures to reduce the bid costs for PPP projects will be trialed, including the reimbursement of specified bid costs for significant projects. A discussion paper outlining the proposed forms and seeking industry feedback can be found at www.dtf.vic.gov.au (28 November 2012).

Department of Sustainability, Environment, Water, Population and Communities
EPBC Act Public notices - Public Notifications and Referrals – Infrastructure 2012/6657 Westfield Design and Construction Pty Ltd/Commercial development/within commercial precinct of Parramatta /NSW/Westfield Parramatta Extension Invitation for Public Comment on Referral 30 November 2012
2012/6651 North Mining Limited/Mining/27 kilometres north of Parkes /NSW/Northparkes Mines Step Change Project - development of further mining operations Invitation for Public Comment on Referral 29 November 2012
2012/6638 AGL Upstream Gas Investments Pty Ltd/Mining/Southern Coalfields of the Sydney Basin/NSW/Northern Expansion of the Camden Gas Project - Invitation for Public Comment on Referral 23 November 2012
2012/6637 Bulga Coal Management Pty Limited/Mining/Hunter Valley approximately 12km south-west of Shingleton/NSW/Extension of existing open cut coal mine at the Bulga Coal Complex - Invitation for Public Comment on Referral 23 November 2012
2012/6644 Doolan, Matthew trading as Matt Doolan Town Planner T/A Developthis/Residential development/Approximately 7 km south of Ipswich CBD/QLD/Residential Subdivision on Monterea Road, Ripley - Invitation for Public Comment on Referral 26 November 2012
2012/6643 Eaton Place Pty Ltd /Tourism and recreation/Hummock Hill Island 30km south east of Gladstone/QLD/Pacificus Tourism Project - Invitation for Public Comment on Referral 26 November 2012
2012/6628 Department of Transport and Main Roads/Transport - land/South-east Queensland/QLD/Roma to Taroom Road Repair and Reconstruction - Invitation for Public Comment on Referral 23 November 2012
2012/6655 Trident Energy Limited/Exploration (mineral, oil and gas - marine)/in Commonwealth waters permit area VIC/P62 offshore VIC/Commonwealth Marine/Torquay Sub-basin (VIC/P62) OTE12-3D Seismic Survey Invitation for Public Comment on Referral 30 November 2012
2012/6641 Bacchus Marsh Aerodrome Management Inc/Transport - air and space/Parwan, approximately 6.5km south of Bacchus Marsh township/VIC/Extension of existing light aircraft hanger estate Invitation for Public Comment on Referral 26 November 2012
2012/6640 VicRoads, Western Region /Transport - land/Bewtween Nurcoung and Minimay in West Wimmera Shire/VIC/Road Safety Improvement Works - Natimuk Frances Road Invitation for Public Comment on Referral 23 November 2012
2012/6635 Port of Melbourne Corporation/Transport - water/Port of Melbourne, Port Melbourne/VIC/dredging, development of the Webb Dock precinct and installation of navigation aids - Invitation for Public Comment on Referral 22 November 2012

Cases

Sundance Resources Limited, in the matter of Sundance Resources Limited [2012] FCA 1290
CORPORATIONS – scheme of arrangement – application pursuant to s 411(1) that a company convene a meeting of members
Corporations Act 2001 (Cth) ss 411(1), 1319. More...

Cortona Resources Limited, in the matter of Cortona Resources Limited [2012] FCA 1295
CORPORATIONS – scheme of arrangement – application for order that company convene meeting
Corporations Act 2001 (Cth) s 9, s 231, s 411, s 411(1), s 411(2)(b), s 411(3), s 411(6), s 411(17), s 412, Pt 5.1; Corporations Regulations 2001 (Cth) Sch 8. More...

Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 6) [2012] FCA 1273
INDUSTRIAL LAW – contraventions of Building and Construction Industry Improvement Act 2005 (Cth) admitted by respondents – previous breaches of orders of Fair Work Australia – interlocutory injunction previously granted pursuant to Fair Work Act 2009 (Cth) s 421(3) and Building and Construction Industry Improvement Act 2005 (Cth) s 39 – agreement as to penalty, declarations, injunctions and security for compliance. More...

CSL Australia Pty Ltd v Minister for Infrastructure and Transport (No 3) [2012] FCA 1261
ADMINISTRATIVE LAW – temporary shipping licences issued under Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) – judicial review of decision to issue varied temporary licence – decision by delegate of the Minister – scope of considerations where power vested in the Minister – whether failure to take into account relevant considerations – whether taking into account irrelevant considerations – procedural fairness – content of procedural fairness in the context of the Act – whether failure to give an opportunity to consider and make submissions – whether failure to disclose material – irrationality or illogicality – whether delegate misconstrued objects of the Act
STATUTORY INTERPRETATION – objects of Act – objects as an aid to interpretation – where objects are conflicting
ADMINISTRATIVE LAW – discretion to grant relief – whether relief futile – whether conduct disentitled applicant to any relief – whether applicant had any legal interest in challenging a decision – whether merits review should have been sought in the Administrative Appeals Tribunal. More...

P>National Australia Bank v Caporale Builders Corp [2012] NSWSC 1401
NOTICE OF MOTION - stay writ of possession – dismissed - loans were secured over 17 properties owned by the various defendants. More...

IWD No 2 Pty Ltd v Level Orange Pty Ltd [2012] NSWSC 1394
PRACTICE AND PROCEDURE - pleadings – amendment
BUILDING AND CONSTRUCTION - construction contract - determination by adjudicator - natural justice Building and Construction Industry Security of Payment Act 1999; Civil Procedure Act 2005
Uniform Civil Procedure Rules. More...

Rennie Golledge Pty Limited v Ballard [2012] NSWCA 376
PRACTICE & PROCEDURE - amendment of defence - out of time and on eve of proposed trial - court's discretion to allow amendment taking into account circumstances of the request - consideration of Civil Procedure Act - no adequate explanation for delay - low chance of success as defence - prejudice to plaintiffs - amendment refused
TORTS - proportionate liability - where surveyor negligently represented incorrect benchmark levels on survey plan in flood-prone land - where house subsequently constructed in accordance with incorrect levels refused occupation certificate - whether builders concurrent wrongdoers with surveyor - insufficient evidence to establish realistic prospect of breach of duty by builders or causation of damage. More...

Doyle v DJG Carpentry (Home Building) [2012] NSWCTTT 418
Home Building Act 1989- Breach of statutory warranty – measure of damages. Owners claim for rectification costs. More...

DJG Carpentry v Doyle (Home Building) [2012] NSWCTTT 419
Builders claim for balance of monies payable under a contract.
Home Building Act 1989 - Builders claim for monies payable under contract. More...

Erwin Fornasier Pty Ltd v Naimo (Home Building) [2012] NSWCTTT 416
Statutory warranties, implied terms, defective work and concurrent claims in contract and tort.
The respondent must pay to the applicant the sum of $87,454.18. More...

Reysson Pty Ltd v Roads and Maritime Services [2012] NSWLEC 17
DEVELOPMENT CONSENT:- whether development consent for subdivision lapsed under former s 99 Environmental Planning and Assessment Act 1979 - survey work, roundabout work and earthworks commenced before statutory lapsing date and involved engineering work within the meaning of s 99 - whether those classes of work involved engineering work within the meaning of condition of consent prohibiting commencement of engineering works until the complete set of engineering drawings was approved which did not occur before each of those classes of work commenced - principles of interpretation of development consents. More...

IWD No 2 Pty Ltd v Level Orange Pty Ltd [2012] NSWSC 1439
Determination affirmed - BUILDING AND CONSTRUCTION - adjudication - jurisdictional error - construction contract - guarantee - indemnity
Building and Construction Industry Security of Payment Act 1999; Uniform Civil Procedure Rules. More...

Southern Cross Constructions (NSW) Pty Limited (Administrators Appointed) v Bucasia Pty Limited [2012] NSWSC 1419
BUILDING AND CONSTRUCTION -recourse to security
CONTRACTS - contract purportedly terminated - accrued rights. More...

Ku-ring-gai Council v Steve Nolan Constructions Pty Ltd [2012] NSWLEC 258
APPEAL - appeals by prosecutor against dismissals of water pollution charges and carrying out work in breach of Environmental Planning and Assessment Act 1979 charge - sediment from building site - misconstruction of water pollution definition - no misconstruction of development consent condition - no denial of procedural fairness to prosecutor
APPEAL - appeal against sentence for offence of carrying out work in breach of Environmental Planning and Assessment Act 1979 - sediment from building site - whether s 10(1)(a) Crimes (Sentencing Procedure) Act 1999 should be applied with offence proved no conviction recorded
Crimes (Appeal and Review) Act 2001 s 59, Div 2; Crimes (Sentencing Procedure) Act 1999 s 10, s 10A; Criminal Procedure Act 1986 s 194, s 202; Environmental Planning and Assessment Act 1979 s 76A, s 80, s 125. More...

Building Insurers' Guarantee Corporation v The Owners - Strata Plan 60848 [2012] NSWCA 375
[ADMINISTRATIVE LAW] - whether by operation of s 69(5) of the Supreme Court Act 1970 and s 65(1) of the Consumer Trader and Tenancy Tribunal Act 2001 (CTTT Act) the jurisdiction of the Supreme Court to grant an order in the nature of certiorari is limited to decisions affected by jurisdictional error - whether primary judge exceeded appellate jurisdiction conferred by s 67 of the CTTT Act - whether primary judge erred in construction of s 18G of the Home Building Act 1989.
Consumer Trader and Tenancy Tribunal Act 2001 (NSW); Home Building Act 1989 (NSW) Supreme Court Act 1970 (NSW). More...

Feenix Queensland Pty Ltd v Grocon Constructions (QLD) Pty Ltd [2012] QDC 346
BUILDING & CONSTRUCTION – application for judgment pursuant to s19 Building and Construction Industry Payments Act 2004 (Qld) – payment claims by applicant previously paid by respondent – whether applicant able to rely on further (second) payment claims for the same subject matter by using a different reference date in circumstances where respondent did not serve a payment schedule in respect of those claims – whether second payment claims valid. More...

Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd & Ors [2012] QSC 373
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – GENERALLY – Where parties entered into contracts for building and constructions works – Where Warren Brothers Earthmoving made payment claims which were disputed by Thiess and Warren Brothers then amended the amount it had originally claimed – Where Adjudicator appointed pursuant to Building and Construction Industry Payments Act 2004 (Qld) to decide the amount of the progress payments under the progress claim and parties agree that the amount awarded by the Adjudicator is incorrect – Where Adjudicator states that he was fully aware of the parties' submissions but admits he forgot to take them into account during his deliberations and making his decision – Whether there has been a jurisdictional error – Whether Adjudicator's Decision should be declared void and set aside because Adjudicator failed to consider the submissions at the point of decision making on the basis that it was a jurisdictional error

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – GENERALLY – Where parties entered into contracts for building and constructions works and Thiess terminated the contract – Where Warren Brothers Earthmoving made payment claim after termination of the contract – Whether the Building and Construction Industry Payments Act 2004 (Qld) regime contemplates reference dates arising and continuing to rise after the termination of the contract. More...

EPF Concreting P/L v Hall (Application) [2012] QDC 350
Application – attempt to bring an application in a proceeding after Originating Application dismissed – "new" application in substantially identical terms – treated as further Originating Application – dismissed on same grounds of prematurity. More...

EPF Concreting P/L v Hall (Appeal) [2012] QDC 349
Appeal –leave to extend time – orders not made and/or not filed (though some rectified) - leave to appeal – whether judgment against appellant sustainable
Uniform Civil Procedure Rules considered- Rule 283 — Judgment by default — debt or liquidated demand. More...

MDC Developments Pty Ltd v G & M Van der Vegt Nominees Pty Ltd and Anor [2012] QCAT 565
Residential Building Dispute – extensive undocumented variations – claim by builder for payment – meaning of "unreasonable hardship" and unfairness to building owner under s 84(4)(b) – unlicensed project management by Second Respondent – ineligibility for remuneration – onus of proof with respect matters in s 42(4) – assessment of claim on the basis of conflicting expert opinion – principles applicable to the assessment of expert evidence. More...

Tait Management Services Pty Ltd v Rosa and Anor [2012] QCAT 564
BUILDING DISPUTE – where contract of sale included condition requiring rectification – where purchaser alleges rectification not done – where purchaser claims loss of income because rectification not done. More...

A.L. Builders Pty Ltd v Queensland Building Services Authority and Ors [2012] QCAT 559
Domestic building dispute – Joinder of homeowners to proceeding – date upon which the homeowners are joined as parties – application to reopen decision made by the Tribunal before the homeowners were joined as parties – retrospectivity. More...

Stevenson Group Investments Pty Ltd v Queensland Building Services Authority and Anor [2012] QCAT 548
Application to strike out application for review of decision of the Authority – meaning of "decision" in s 86(1)(e) of the QBSA Act – reviewable decision. More...

Godbold and Anor v Queensland Building Services Authority and Anor (No 2) [2012] QCAT 547
Where Applicants successful at hearing – where application for costs against First Respondent – matters relevant to exercise of discretion
Tamawood Ltd & Anor v Paans [2005] 2 Qd R 101 Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No 2) [2010] QCAT 412. More...

Skordakis v Contractors Bonding Limited (Domestic Building) [2012] VCAT 1735
Domestic building work – insurance – two building contracts entered into for the same work – parties presumed to have rescinded the first contract and to have substituted the second one – cap on policy for non-completion items - Order that the Respondent pay to the Applicant $260,982.00. More...

SMEC Australia Pty Ltd & Anor v McConnell Dowell Constructors (Aust) Pty Ltd & Ors (No 3) [2012] VSC 557
PRACTICE AND PROCEDURE – Application to strike out Amended Statement of Claim – Rule 23.02 of the Supreme Court (General Civil Procedure) Rules 2005 – Application granted in part – Part of statement of claim struck out – Complex proceeding to be closely managed – Proceeding to be conducted pursuant to a List of Issues settled by the Court once pleadings closed – Issues considered not amenable to being struck out at any time – Cost/benefit in proceeding with an issue to be taken into account –Practice Note No. 2 of 2009 (TEC List) paragraph 40(g) (List of Issues) applied – s 7(1) Civil Procedure Act 2010 applied.

TRADE PRACTICES – Enforcement and remedies –Action for damages – Misleading or deceptive conduct – Pleading of causal link to misleading or deceptive conduct –Representation that principal would negotiate an outcome as to delay in good faith – Whether contractor needs to prove loss on whole contract – Discrete loss sustained claimed as recoverable–Trade Practices Act 1974 (Cth) s 82; s 87. More...

Fulton Hogan Construction Pty Ltd v Grenadier Manufacturing Pty Ltd (in liq) & Ors (No 2) [2012] VSC 569
COSTS – Calderbank offer – Plaintiff seeking solicitor and client costs – Whether it was unreasonable for the defendants to reject the offer – Plaintiff seeking indemnity costs due to prolongation of the trial arising from the third defendant's failure to make proper discovery – Apportionment of costs between the defendants. More...

Cartledge v Mikhail (Civil Claims) [2012] VCAT 173
Plumbing work – scope of contract – contract terminated before completion – plumber's claim for variations or extras – owner's claim for compensation for rectification work.
The first respondent shall pay the applicants $8,921.50. More...

Mikhail v Cartledge (Civil Claims) [2012] VCAT 1738
Plumbing work – scope of contract – contract terminated before completion – plumber's claim for variations or extras – owner's claim for compensation for rectification work.
The respondents shall pay the applicant $3,029.84. More...

Legislation

Commonwealth

Bills

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012
A Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes- monitoring and investigative powers (20 November 2012). More...

Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2012
A Bill for an Act to amend the Fair Work (Registered Organisations) Act 2009, and for related purposes (29 November 2012). More...

Fair Work Amendment (Tackling Job Insecurity) Bill 2012
A Bill for an Act to amend the Fair Work Act 2009, and for related purposes (27 November 2012). More...

Acts

Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Act No. 157 of 2012
An Act to amend the Water Act 2007 in relation to long-term average sustainable diversion limits, and for related purposes Originating Bill: Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill 2012 (Registered 23 November 2012, Date of Assent 21 November 2012). More...

Legislative Instruments

Transport Safety Investigation (Voluntary and Confidential Reporting Scheme) Regulation 2012 SLI 2012 No. 265
This regulation provides for a voluntary and confidential reporting scheme for aviation, marine and rail transport for the reporting of matters that affect or might affect transport safety. Made 22 Nov 2012 Registered 28 Nov 2012. More...

Transport Safety Investigation Amendment Regulation 2012 (No. 2) SLI 2012 No. 264
This regulation amends the Transport Safety Investigation Regulations 2003 to make consequential amedments made necessary by the making of the Transport Safety Investigation (Voluntary and Confidential Reporting Scheme) Regulation 2012 (Registered 28 November 2012). More...

Transport Safety Investigation Amendment Regulation 2012 (No. 1) SLI 2012 No. 263 This regulation amends the Transport Safety Investigation Regulations 2003 (the Principal Regulations) to substitute a new Part 4 in the Principal Regulations for the purpose of mandatory reporting of rail incidents to the ATSB (28 November 2012). More...

Maritime Transport and Offshore Facilities Security Amendment Regulation 2012 (No. 3) SLI 2012 No. 258
This regulation amends the Maritime Transport and Offshore Facilities Security Regulations 2003 to extend current standards applicable to maps that are required to be submitted as part of the maritime security plans for port operators, to maps required to be provided by port facility operators and port service providers as part of their maritime security plan and to prescribe being continuously supervised by security personnel and/or continuously monitored by Closed Circuit Television (CCTV) as the supervision and control measures (allowed to be prescribed by the Principal Regulations under paragraph 119(2)(m) of the Act) for ensuring that persons and baggage that have received clearance remain cleared on vessels that are not cleared vessels or in areas that are not cleared areas (27 November 2012). More...

Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 2012)
This Determination amends the Telecommunications (Low-impact Facilities) Determination 1997 to clarify that ancillary facilities which are necessary for the operation or proper functioning of a facility described in the Schedule to the Principal Determination, are low-impact facilities for the purpose of Schedule 3 to the Telecommunications Act 1997 (22 November 2012). More...

NSW

Regulations and other statutory instruments
Marine Safety (General) Amendment (Miscellaneous) Regulation 2012(2012-584) — published LW 30 November 2012
Mining Amendment (Coal Royalty) Regulation 2012(2012-585) — published LW 30 November 2012
Building Professionals Amendment (Accreditation) Regulation 2012(2012-565) — published LW 23 November 2012
Roads Amendment (Roads Authority) Regulation 2012(2012-571) — published LW 23 November 2012
Swimming Pools Amendment (Transitional) Regulation 2012(2012-581) — published LW 23 November 2012

Acts assented to
Ports Assets (Authorised Transactions) Act 2012 No 101 — Assented to 26 November 2012
Emergency Legislation Amendment Act 2012 No 103 — Assented to 26 November 2012
For the full text of Bills, and details on the passage of Bills. More...

Queensland

Bills

Gasfields Commission Bill 2012 – 27 November 2012
Mining and Other Legislation Amendment Bill 2012 – 28 November 2012

Regulations

No 209 Nature Conservation (Protected Areas) Amendment Regulation (No. 4) 2012 - Nature Conservation Act 1992 – 23-11-12
No 210 Proclamation commencing certain provisions of the Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Act 2012 – 23-11-12
No 211 Electricity Amendment Regulation (No. 4) 2012- Electricity Act 1994 - 23-11-12
No 212 Local Government (Operations) Amendment Regulation (No. 3) 2012 - 23-11-12
No 213 Royal National Agricultural and Industrial Association of Queensland Amendment Regulation (No. 1) 2012
No 214 Public Trustee Amendment Regulation (No. 6) 2012
No 217 Transport and Other Legislation Amendment Regulation (No. 2) 2012
No 219 Exotic Diseases in Animals Amendment and Repeal Regulation (No. 1) 2012
No 220 Vegetation Management Amendment Regulation (No. 1) 2012

Regulations

No 210 Proclamation commencing certain provisions of the Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Act 2012 –23 November 2012
for the commencement of part 2 of the Act
No 211 Electricity Amendment Regulation (No. 4) 2012- amends the Electricity Act 1994 – 23 November 2012
No 217 Transport and Other Legislation Amendment Regulation (No. 2) 2012- 30 November 2012

Victoria

Statutory Rules made

No. 132: Dangerous Goods (Storage and Handling) Regulations 2012
Date of Making: 27/11/2012 Commencement: 01/12/2012: reg. 3
Not yet in operation: Regs 1-68: on 01/12/2012: reg. 3 Sunset Date: 27/11/2022

No. 133: Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2012
Date of Making: 27/11/2012 Commencement: 01/12/2012: reg. 3 Not yet in operation: Regs 1-103: on 01/12/2012: reg. 3 Sunset Date: 27/11/2022

No. 139: Transport (Infringements) Amendment Regulations 2012
Date of Making: 27/11/2012 Commencement: 01/12/2012: reg. 3
Not yet in operation: Regs 1-7: on 01/12/2012: reg. 3 Sunset Date: 27/11/2022
Victorian Statutory Rules are available online. More...

Proclamations

No. 64: Resources Legislation Amendment (General) Act 2012
Assent: 30/10/2012 SG (No. 364) 30/10/2012 p. 1
Commencement: Ss 1, 2, 74 on 31/10/2012: s. 2(1)
Ss 3-73, 75 on 01/12/2012: SG (No. 399) 27/11/2012 p. 1

No 70: Road Management Amendment (Peninsula Link) Act 2012
An Act to amend the Road Management Act 2004 in relation to the Peninsula Link Freeway and to amend the Accident Towing Services Act 2007 and for other purposes – assent 20/11/2012.
Victorian Acts can be viewed online. More...

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