In the media
Greater infrastructure spending needed to ease mining rush withdrawal symptoms: BCA,/br> Australia needs to keep infrastructure investment levels at more than 4 per cent of GDP per annum, or $767 billion over 10 years, to ease the comedown from the mining rush, a new report of the Business Council of Australia's Project Costs Task Force has found (08 August 2013). More...
NBN Co renews lucrative contract with Leighton's
Silcar
NBN Co has renewed one of the most lucrative contracts to build
the national broadband network with Leighton Holdings-owned
contractor Silcar in a deal worth up to $300 million over the next
12 months
to roll out fibre optic cabling in NSW, Queensland and the ACT (07 August 2013). More...
Future of Government's Mineral Resource Rent Tax
decided in High Court
Mr Forrest and his Fortescue Metals Group (FMG) had argued the tax
discriminated between states and interfered with the rights of
states to control their own mineral resources. The court
unanimously rejected the challenge, saying the act does not give
preference to one state over another, and ordered Mr Forrest to pay
costs (07 August 2013).
More...
Largest solar power project in southern hemisphere to go
ahead
The Federal Minister for Climate Change has announced construction
will start in January on the largest solar power station in the
southern hemisphere after the Australian Renewable Energy Agency
(ARENA) reached financial close with AGL Energy Limited (AGL) (31
July 2013).
More...
Moreton Bay Rail Link construction contract
awarded
A $650 million contract to deliver the second phase of the $1.15
billion Moreton Bay Rail Link (MBRL) north of Brisbane has been
awarded to Thiess, with subcontractors Aurecon, AECOM, HASSELL for
design, and Golder Associates for geotechnical works. The Moreton
Bay Rail Link is scheduled to be operational by June 2016 (01
August 2013).
More...
Published – articles, papers, reports
House Price Indexes: Eight Capital Cities, Jun
2013
Author: Australian Bureau of Statistics
Preliminary estimates show that the price index for established
houses for the weighted average of the eight capital cities rose
2.4% in the June quarter 2013. The capital city indexes rose in
Sydney (+2.7%), Melbourne (+2.4%), Perth (+3.4%), Brisbane (+1.9%),
Canberra (+1.0%), Adelaide (+0.3%) and Darwin (+2.9%) and fell in
Hobart (-1.0%) (06 August 2013).
More...
The Critical Decade: Australia's future –
solar energy
Author: Climate Commission
Identifies the enormous, but largely underutilised, potential for
solar generation in the world's sunniest continent. This report
provides an overview of the rapidly changing solar industry,
including international developments and opportunities for
Australia to better utilise and benefit from solar resources in the
future (07 August 2013).
More...
State of Australian cities 2013
Author: Department of Infrastructure and Transport
This report brings together current research, including newly
released data from the 2011 Census, to present a comprehensive
snapshot of Australian cities (30 July 2013).
More...
Building Approvals, Australia, June 2013
Author: Australian Bureau of Statistics
Total dwelling unit approvals were up from 27,538 in 2011–12
to 29,563 in 2012–13 (30 July 2013).
More...
In practice and courts
NSW: mining industry proposed planning changes: public
consultation
The proposed amendments to the Mining , Petroleum Production and
Extractive Industries State environmental planning policy is on
public exhibition for a period of two weeks until August 12 (29
July 2013). More...
QLD: Payroll tax compliance in the mining
sector
OSR are examining payroll tax compliance in the mining sector. The
compliance program will focus on workers who should be included in
an employer's payroll tax liability, because they are either
employees or relevant contractors (05 August 2013).
More...
VIC: Notice about dispute resolution
clauses
The recent Victorian Supreme Court decision
WTE Co-Generation & Anor v RCR Energy Pty Ltd &
Anor [2013] VSC 314 has reinforced the need for dispute
resolution clauses to set out accepted, enforceable processes. As
Justice Vickery noted a "contract which leaves the process or
model to be utilised for the dispute resolution ill-defined, or the
subject of further negotiation or agreement, will be
uncertain".
Cases
Fortescue Metals Group Ltd v Commonwealth - [2013] HCA
34
Statutes - Interpretation - Commonwealth Constitution s 51(ii) -
So as not to discriminate between States or parts of States.
Statutes - Acts of Parliament - (CTH) Minerals Resource Rent Tax
Act 2012 – Validity. Energy and resources - Mining -
Royalties - State royalties. Constitutional law - Constitution -
Melbourne Corporation doctrine - Burden on operations and
activities of States. Constitutional law - Constitution -
Prohibitions - Giving preference to one State over another.
Constitutional law - Commonwealth powers - Taxation power –
Discrimination. The High Court of Australia has unanimously
rejected Fortescue Metals Group Ltd's constitutional challenges
to the (CTH) Minerals Resource Rent Tax Act 2012, the (CTH)
Minerals Resource Rent Tax (Imposition - Customs) Act 2012, the
(CTH) Minerals Resource Rent Tax (Imposition - Excise) Act 2012 and
the (CTH) Minerals Resource Rent Tax (Imposition - General) Act
2012. Fortescue principally argued that the impugned legislation
discriminated between States, contrary to the Commonwealth
Constitution s 51(ii), and gave preference to one State over
another, contrary to the Constitution s 99. More...
Pines Living Pty Ltd v O'Brien and Walton
Construction Pty Ltd [2013] ACTSC 156
BUILDING AND CONSTRUCTION – adjudication of progress payment
claims under Building and Construction Industry (Security of
Payment) Act 2009 (ACT) – whether an extension of time and
leave to appeal from an adjudicator's decision should be
granted – whether jurisdictional or non-jurisdictional error.
ADMINISTRATIVE LAW – relief in the nature of certiorari
– scope of supervisory jurisdiction – effect of
Building and Construction Industry (Security of Payment) Act 2009
(ACT) s 43. More...
Legislation
Queensland
Queensland Building Services Authority Amendment Bill
2013
This bill establishes the Queensland Building and Construction
Commission , QBCC, in place of the Queensland Building Services
Authority. The board of the QBCC will set the strategic direction
and the operational, financial and administrative policies of the
commission. Introduced on 5/06/2013 Stage reached: Report from
Committee on 31/07/2013.
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.