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...
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.