In the media
Regional Australia building forecasts split between
'boom or bust'
Key pockets around Australia are set for a building boom, helped
by local population growth, according to industry analyst and
economic forecaster, BIS Shrapnel (26 June 2013).
More...
Master Builders calls for halt to FWBC industry
audit
Master Builders is urging the Fair Work Building and Construction
agency not to rush a proposed audit to monitor compliance with the
controversial Building Code 2013 (26 June 2013).
More...
Albanese stokes fire on High Speed Rail
An important element in the latest push to keep high-speed rail
rolling was the release for public comment of the second and final
phase (Phase 2) of an
official study into how such a massive project would be
implemented (25 June 2013).
More...
Fallout from Reed Construction folding continues with
collapse of air-conditioning company
A Sydney-based air conditioning installation and servicing company
has collapsed, with millions of dollars of debt accumulated
following the failure of the now collapsed builder Reed
Construction (24 June 2013).
More...
Australia Loses 29,332 Construction Jobs
The building industry workforce in Australia has shrunk by almost
three per cent as the nation shed 29,332 construction jobs over a
three month period, the latest ABS figures show, and the Australian
Construction Industry Forum says it expects overall employment
numbers in the sector to remain at levels not much different to now
throughout 2013/14 (24 June 2013).
More...
EPBC Act amendment gets through and science the
winner
The Senate has passed the Environment Protection and
Biodiversity Conservation Act amendment bill known as the
"water trigger amendment", which now means the
Commonwealth has legal authority for ensuring water systems are not
impacted by major coal seam gas and coal mining projects (24 June
2013). More...
Delivering the next generation of Green Star rating
tools
A new report claims green star-rated buildings emit around a third
of the greenhouse gas emissions and use a third of the electricity
when compared with the average Australian building, and also use
half the water of buildings that simply meet minimum industry
requirements (20 June 2013).
More...
EEO program: driving energy efficiency savings in new
projects
The Energy Efficiency Opportunities (EEO) program will be
broadened to incorporate new developments and major expansions,
across a range of sectors including mining, manufacturing, oil and
gas, and generation and some infrastructure projects (19 June
2013).
More...
FWBC alleges CFMEU & CEPU orchestrated 3-day strike
on 3 Qld projects
Backgrounder Director of Fair Work Building Industry Inspectorate
v CFMEU & CEPU Allegations as outlined in Fair Work Building
& Construction's (FWBC) statement of claim (20 June 2013).
More...
IEA warns on Aust LNG sector
The outlook for Australia's $190 billion pipeline of liquefied
natural gas (LNG) projects has taken a fresh hit with the
International Energy Agency (IEA) warning that the sector faces
further delays and cost blowouts (21 June 2013).
More...
Commonwealth Games Village shortlist
announced
Three developers have been shortlisted to build the Gold Coast
2018 Commonwealth Games (GC2018) Village. The site was declared a
Priority Development Area (PDA) on 1 February 2013, to fast-track
the development (27 June 2013).
More...
Bruce Highway Upgrade: New Gin Gin Overtaking
Lane
Work commences on the Bruce Highway $7 million
fully—Federally funded northbound overtaking lane, with the
upgrade delivered by VDM Construction. All up, we're building
50 new overtaking lanes on the Bruce Highway as part of Federal
Labor's unprecedented $5.7 billion investment in this vital
part of the national road network (24 June 2013).
More...
Queensland Premier eyes private sector to fast-track
road, school and health projects
Under an "availability payment" PPP, the private sector
borrows the money, delivers the project and then uses the regular
government funding to pay back its borrowings from banks and
superannuation funds (19 June 2013).
More...
Hume Highway duplication complete
Construction on the Hume Highway duplication has come to an end,
with the final section – the 9.5km long $247 million Holbrook
Bypass – being officially completed. The entire duplication
project has been under way for more than 50 years, and has cost
billions of dollars to upgrade the road to dual carriageway
standard (28 June 2013).
More...
Partnership to deliver 113MW wind farm
A consortium of GE and Downer EDI has been awarded the contract to
supply, build and maintain the 113MW Boco Rock wind farm in the
Snowy Mountains region of NSW. The project will cost $350 million
and consists of 67 turbines with a potential future expansion to
121 turbines (27 June 2013).
More...
NSW Farmers withdraws support for mining template access
agreement
NSW Farmers today withdrew its support and endorsement of a joint
template Land Access
Arrangement for Minerals Exploration under the Mining Act 1992.
The template was launched in late 2012 in conjunction with the NSW
Minerals Council and the NSW Government (25 June 2013).
More...
Mining companies hopeful of NSW uranium
permits
Mining companies interested in exploring for uranium in far west
NSW are still waiting for their permits to be approved. This comes
after a 25-year-old ban on uranium exploration was lifted early
last year (25 June 2013).
More...
Ministers seal funding deal for 'Sydney bypass'
tunnel
The New South Wales and Federal Governments have signed a joint
funding agreement to build a road described as the "missing
link" between the F3 freeway and the M2 motorway (21 June
2013).
More...
Private funding dumped in new plan for NSW toll
roads
The NSW Coalition government plans to take on almost all the
financial risk of one of Australia's biggest infrastructure
projects, the $10?billion WestConnex toll road in Sydney, in a new
approach likely to be adopted nationwide (18 June 2013).
More...
A new era in planning policy commences on 1
July
A new era in Victorian planning policy and building industry
regulation will commence this Monday1 July , with the introduction
of Victoria's Reformed Residential Planning Zones and the
commencement of operation of the Victorian Building Authority (VBA)
(28 June 2013).
More...
Call for builders for new Eye and Ear
Hospital
The major redevelopment of Victoria's iconic Royal Victorian
Eye and Ear Hospital has moved a step closer, with the release of
tender documents today to a shortlist of builders. This
redevelopment will see the construction of a connecting building
with five fully integrated levels (28 June 2013).
More...
Infrastructure heavyweights compete for Melbourne's
$1.6 billion port project
The $1.6 billion re-development of the Port of Melbourne has
attracted a high calibre list of civil and maritime construction
specialists all competing for two significant work packages (26
June 2013).
More...
Victorian Princes Highway East Upgrade: Another Section
Completed
Another milestone in the staged upgrade and duplication of the
Princes Highway between Traralgon and Sale has been reached
following the completion of work along the Wurruk to Sale section.
The Princes Highway East Upgrade is being jointly funded by the
Federal ($140 million) and Victorian ($35 million) governments (18
June 2013).
More...
New legislation first stage of planned reform to
building industry
A notable feature of the Bill is its establishment of the
Victorian Building Authority as an over-arching governance body for
the building and plumbing industries. The VBA replaces the Building
Commission and the Plumbing Industry Commission (20 June 2013).
More...
In practice and courts
CTH: Department of Infrastructure and Transport: Remote
Airstrip Upgrade Program
Applications for funding are open to airstrip owners such as
community groups, Indigenous organisations and local governments in
remote areas under the Remote Airstrip Upgrade Program.
Applications close on 26 July 2013 (24 June 2013).
More...
CTH: Department of Infrastructure and Transport:
Driveway Safety Discussion Paper
The Australian Government is seeking industry and community views
on its Driveway Safety Design Guidelines discussion paper, aimed at
protecting young children around the home. Comments are sought by 6
August 2013 (25 June 2013).
More...
CTH: Nationwide House Energy Rating Scheme (NatHERS):
benchmarking study
The study aims to better understand how the NatHERS software tools
as well as ongoing scheme developments in training and information
resources can be improved over time. The study is being conducted
until September 2013. Further information regarding the study and
participation is on the website www.nathersbenchmarkstudy.com.au
(20 June 2013).
CTH: EEO program 2013 extended from July
This will apply to new development and expansion projects from
July this year, with a particular focus on reducing compliance
burden and recognising existing design processes, in line with
recommendations from the recent review of the program. Workshops
will be held in July and August around the country to outline the
regulatory changes in more detail. Further details are available at
www.energyefficiencyopportunities.gov.au
(19 June 2013).
CTH: Offshore petroleum exploration permits
released
A full list of the exploration permits awarded appears below and
further information on acreage release is available at www.petroleum-acreage.gov.au.
In addition, further information on specific permits can be found
on the following website: www.neats.nopta.gov.au/
(18 June 2013).
CTH: Policy and Advocacy Agenda
2013–14
Master Builders today launched its
Policy and Advocacy Agenda 2013–14, which outlines the
six key reforms. Director of Housing Policy, Paul Bidwell said the
reforms would go some way towards rebuilding consumer and business
confidence (19 June 2013).
More...
QLD: The coal seam gas industry(CSG)
review
The Queensland Government has asked the Authority to undertake an
investigation into the Queensland Government's regulation of
the coal seam gas industry. The report will include a comprehensive
review of the Queensland Government's approach to regulating
the coal seam gas industry, including options for regulatory reform
(17 June 2013). More...
Cases
NC Refractories Pty Ltd -v- Consultant Bricklaying Pty
Ltd [2013] NSWSC 842
BUILDING AND CONSTRUCTION - Building and Construction Industry
Security of Payment Act 1999 (NSW) ss 4, 8, 13(5) - whether a
payment claim was based on a construction contract - the parties
entered into a verbal construction contract and the defendant
served a payment claim - the plaintiff stated it would pay a lesser
amount and the defendant sent a revised invoice - the plaintiff
contended that the second invoice was not based on the construction
contract but on a later independent arrangement arising out of the
parties' communications which was not a construction contract -
the plaintiff contended that if the claim was based on a
construction contract it was the second claim under it and was in
respect of the same reference date of the first claim and was
impermissible under s 13(5) - held that the second claim was made
under the original contract which had been varied and that the
second claim was not impermissible as a duplication because the
first one had by necessary implication been withdrawn. Held further
that, in any event, prerogative relief sought by the plaintiff
should be withheld on discretionary grounds. More...
Sky General Services Pty Ltd V Bauen Constructions Pty
Ltd [2013] NSWCA 191
APPEAL - application for leave to appeal - no challenge to
substantive result - contention that wrong conclusion reached on
two of three alternative bases of determination - challenge to
costs order only- dismissed - Building and Construction Industry
Security of Payment Act 1999, ss 13(4), 17(2). More...
Vero Insurance Ltd v Australian Prestressing Services
Pty Ltd [2013] NSWCA 181
INSURANCE - construction of insurance contract - respondents
insured by appellant in relation to contract works including a
cofferdam wall - substantial rainfall damaged cofferdam wall and
resulted in risk might fail - expenses incurred by respondents to
prevent failure of cofferdam wall - whether expenses recoverable
under temporary protection extension as expenses deemed necessary
by insured to avoid further loss or damage to insured property -
whether expenses recoverable under general insuring clause or under
implied term as expenses reasonably incurred to avoid insured loss,
damage or liability - whether expenses within "dewatering
operations" exclusion. CONTRACTS - implication of terms -
insurance - respondents contended for implied term indemnifying
them for expenses incurred to prevent insured loss, damage or
liability - whether to be implied as a matter of law or in fact to
give contract business efficacy - implied term contended for
inconsistent with express term. More...
Agripower Australia Ltd v J & D Rigging Pty Ltd
& Ors [2013] QSC 164
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT
CLAIMS – where the applicant had purchased certain mining
plant from a company which had affixed it to land the subject of a
mining lease – where the mining lease did not give rise to an
interest in the land – where the applicant and the first
respondent entered into a contract for the dismantling and removal
of the mining plant – where the first respondent delivered a
payment claim to the applicant pursuant to the Building and
Construction Industry Payments Act 2004 (Qld) – where the Act
only provided for payment claims referable to a 'construction
contract' to carry out 'construction work' within the
meaning of s 10 of the Act – where the applicant contended
that the plant did not 'form part of land' within the
meaning of s 10 of the Act, and therefore the dismantling and
removal was not 'construction work' under the Act –
whether the mining plant 'form[ed] part of land' within the
meaning of s 10 of the Act. More...
WTE Co-Generation & Anor V RCR Energy Pty Ltd &
Anor [2013] VSC 314
BUILDING CONTRACT - Contractual dispute resolution clause a
pre-condition to litigation – Whether dispute resolution
clause uncertain and unenforceable – Principles as to
uncertainty and enforceability of contractual dispute resolution
clauses – Dispute resolution clause uncertain and left
process for further agreement - Dispute resolution clause
unenforceable. CONTRACT - Contractual dispute resolution clause a
pre-condition to litigation – Whether dispute resolution
clause uncertain and unenforceable – Principles as to
uncertainty and enforceability of contractual dispute resolution
clauses – Dispute resolution clause uncertain and left
process for further agreement - Dispute resolution clause
unenforceable. PRACTICE AND PROCEDURE – Application for stay
of a proceeding – Inherent jurisdiction to order –
Contractual dispute resolution clause a pre-condition to litigation
– Whether dispute resolution clause uncertain and
unenforceable – Principles as to uncertainty and
enforceability of contractual dispute resolution clauses –
Dispute resolution clause uncertain and left process for further
agreement - Dispute resolution clause unenforceable – Stay
refused. More...
Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd
[2013] VSCA 158 Elturan v Unicon Property Group Pty Ltd & Ors
(Domestic Building) [2013] VCAT 924
Domestic building contract, Warranty insurance certificate naming
different builder; Whether warranty insurance was obtained; Breach
of contract; Misleading or deceptive conduct of directors of
builder; Duty of Care of Surveyor to ensure warranty insurance has
been obtained before issuing the building permit; Damages for lost
opportunity to make a warranty insurance claim; Assessment of
damages; Apportionment of responsibility under Part IVA Wrongs Act.
More...
Legislation
Commonwealth
Bills
Fair Trade (Workers' Rights) Bill
2013
A Bill for an Act to ensure that minimum standards about
workers' rights are included in certain international
agreements, and for related purposes (Registered 25 June 2013;
Introduced Senate 20 June 2013). More...
Acts
Asbestos Safety and Eradication Agency Act No 58 of
2013
An Act to establish the Asbestos Safety and Eradication Agency,
and for related purposes to establish the Asbestos Safety and
Eradication Agency to administer the National Strategic Plan, which
aims to prevent exposure to asbestos fibres in order to eliminate
asbestos-related disease in Australia (Registered 25 June 2013 Date
of Assent 21 June 2013). More...
Queensland
Bills
Building and Other Legislation Amendment Bill 2013
Introduced on 16/04/2013 Report from Committee on 19/06/2013
Bill.
Regulations
No 116:
Work Health and Safety Amendment Regulation (No. 1) 2013 - 21
June 2013 -21 June 2013 Amends the Work Health and Safety Act 2011
- new s786 Transitional provision for particular high risk work
licences.
NSW
Proclamations commencing Acts
Road Transport Act 2013 No 18 (2013-328) — published LW
28 June 2013
Road Transport Legislation (Repeal and Amendment) Act 2013 No
19 (2013-329) — published LW 28 June 2013.
Acts assented to
Heavy Vehicle (Adoption of National Law) Act 2013 No 42 —
Assented to 25 June 2013.
Victoria
Victorian Proclamations of Commencement
Building and Planning Legislation Amendment (Governance and Other
Matters) Act (No. 34/ 2013) - Commencement: ALL: 1/7/2013: s. 2.
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.