Australia: Construction & Infrastructure - What's News - 17 December 2012

Last Updated: 19 December 2012
Most Read Contributor in Australia, September 2016


The Trustees of the Roman Catholic Church for the Diocese of Lismore v T F Woollam and Son [2012] NSWSC 1559
Determination quashed with costs.
[ADMINISTRATIVE LAW] - Building and Construction Industry Security of Payment Act 1999 (NSW) - jurisdictional error - whether adjudicator acted outside jurisdiction - whether payment claims complied with the requirements of s 13(4) and (5) of the Act - whether compliance with s 13(5) is jurisdictional.
Building and Construction Industry Security of Payment Act 1999 (NSW). More...

Bell v Hunters Hill Council [2012] NSWSC 1522
CONTRACT - breach of deed - damages - mitigation of damages - whether plaintiff took reasonable measures to prevent further loss - expenditure of professional fees on solicitors to mitigate loss - costs – use of jack hammers on site. More...

The Owners - Strata Plan No 76171 v Warrenby Pty Limited [2012] NSWSC 1531
PRACTICE AND PROCEDURE - summary judgment - application to dismiss proceedings against third defendant - application to strike out pleadings- plaintiff claims there are defects in the Building caused by building work "involved in the design and/or construction...performed in breach of the statutory warranties", implied into the alleged building contracts pursuant to s 18B of the Home Building Act 1989. More...

Jemena Ltd v Mine Subsidence Board [2012] NSWSC 1509
Plaintiff's claim for expenses incurred in preventing or mitigating damage to its pipeline caused by mine subsidence not precluded by its failure to obtain approval from the Mine Subsidence Board for construction of the pipeline.
ADMINISTRATIVE LAW - judicial review - grounds of review - irrelevant considerations in defendant's decision not to grant certificate to retrospectively approve pipeline construction
ENERGY AND RESOURCES - mining - Mine Subsidence Compensation Act 1961, s 15(5)(b) - whether s 15B(3A) certificate required to claim for works preventing or mitigating damage caused by subsidence - whether "or anticipated to be caused" can, in effect, be read into "a claim in respect of damage caused by subsidence" - consideration of the legislature's intention - consideration of the phrase "in respect of" - where s 10(3) makes clear distinction between amounts payable in respect of damage caused by subsidence and preventative or mitigatory works

STATUTES - acts of parliament - interpretation - whether licensing scheme under s 11, Pipelines Act 1967 excuses non-compliance with requirement to obtain approval from the Mine Subsidence Board under s 15, Mine Subsidence Compensation Act 1961 - whether the two Acts are inconsistent - where Pipelines Act specifies acts not to apply to pipelines authorised by licence - where unlikely that Parliament intended licence to exempt pipelines from supervision of the Mine Subsidence Board - where Mine Subsidence Compensation Act more specific than Pipelines Act. More...

Inspector Barber v Leighton Contractors Pty Limited [2012] NSWIRComm 145
The defendant is fined an amount of $350,000.
OCCUPATIONAL HEALTH AND SAFETY - Prosecution for breach of s 8(1) of Occupational Health and Safety Act 2000 - Fatality - Construction Industry - Employee struck by front end loader - Plea of guilty - Factors relevant to sentencing - Prior convictions - Defendant convicted of offence - Victim impact statements - Penalty imposed. More...

McCarney v Beahan (Home Building) [2012] NSWCTTT 482
Compensation for building rectification work
The respondent is to pay the applicant the sum of $85,690.00 on or before 30 November 2012. More...


Kelly v Roofing Revamped Sunshine Coast Pty Ltd [2012] QCAT 593
NOTICE TO PRODUCE – where application for QBSA to produce file – where QBSA documents already before the tribunal – where no dispute about the QBSA documents – where requires general in nature. More...


Carlier v Evans Plumbing Pty Ltd & Ors (Domestic Building [2012] VCAT 1839
DOMESTIC BUILDING DISPUTE – Breach of warranties under section 8 of the Domestic Building Contracts Act 1995; Fair Trading Act 1999 – s.18 Australian Consumer Law (Victoria) - misleading and deceptive conduct; where action is brought by the end user of the goods against the original supplier - whether justiciable in the Tribunal. More...

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