In the media
Thousands of faults hit rushed NBN
The company building the National Broadband Network could be
forced to repair tens of thousands of faulty connections after
cutting corners in the construction processes. Up to 7000 have
major defects, which according to NBN Co documents, are those at
risk of service degradation, outages or health and safety hazards
(06 September 2013).
More...
Australian economy grows 0.6 per cent
The industries that drove growth in the June quarter were Finance,
Mining, and Construction. The Finance industry contributed 0.2 per
cent to GDP while the other industries each contributed 0.1 per
cent to the increase in GDP (04 September 2013).
More...
RP August data: Brisbane leads as Melbourne and Perth
record weakest
Brisbane dwelling prices bounced back 1.5% over the month of
August, according to RP Data. The median dwelling price in Brisbane
is currently at $429,000 – up 1.7% for the quarter and 2.5%
for the year (02 September 2013).
More...
Debts undermine construction company
The Construction company, Australia's Residential Builder has
collapsed with debts exceeding $7.21 million and unsecured
creditors tipped to be facing a total loss. The revelations come as
administrators attempt to negotiate the sale of ARB to a
major-volume builder, although it is unclear how this would affect
subcontractors and would-be home owners caught in the collapse (31
August 2013).
More...
ABCB: Quantification of NCC Performance requirement
commences
The Australian Building Codes Board (ABCB) is currently
undertaking a project to increase the use of and to quantify the
National Construction Code (NCC) Performance Requirements. (28
August 2013). More...
ABS: Building Construction still flat across
Australia
The latest quarterly construction figures released by the
Australian Bureau of Statistics indicate building construction went
slightly backwards across Australia. The Urban Taskforce claims
more action is needed if the building industry is to fill the
downturn from the mining industry,(28 August 2013).
More...
GBCA announces green star to adopt life cycle
assessment
The Green Building Council of Australia has announced new credits
available for life cycle assessment as part of its Green Star 2014
program. Up to eight points can be claimed under the updated
Innovation category, with the maximum points in the category being
raised from five to 10 (28 August 2013). More...
NSW Government seeks feedback on Sydney light rail
plans
Members of the public are being asked for their opinions on the
design of the proposed light rail line from Sydney's CBD to the
city's east (02 September 2013).
More...
New BHP mine a boost for Queensland
The BHP Billiton Mitsubishi Alliance's (BMA) new Daunia mine
in central Queensland has opened ahead for schedule. BHP Billiton
Coal President Dean Dalla Valle said the company, along with
Mitsubishi, had committed $9.1 billion for major projects in
Queensland over the past three years (04 September 2013).
More...
Galilee proposed transmission electricity line
announced
Adani Group's Galilee Transmission Pty Ltd (GTC) has announced
a proposal for a major 250 kilometre transmission line to link
Powerlink Queensland's Strathmore substation near Collinsville
to the new Galilee substation to be located on Adani's Moray
Downs (29 August 2013).
More...
Melbourne's wins global award for sustainable
buildings program
Melbourne has been recognised for its sustainable building
initiatives, with the City of Melbourne winning an international
award for its 1200 Buildings program (05 September 2013). More...
Global interest in delivering Victoria's East West
Link
Treasurer Michael O'Brien said expressions of interest for the
first stage of the East West Link had attracted strong local and
international competition, with mix of local and international
consortia submitting Expressions of Interest to build and operate
the largest infrastructure project in Victoria's history, (29
August 2013).
More...
Multiple initiatives, not multi-billion dollar
initiatives, the key to a smart, sustainable built
environment
The Victorian Government's commitment of $3.59 million to
improve the energy efficiency of Victoria's commercial office
buildings has been welcomed by the GBCA. The program will provide
matched grant funding of $20,000 to $150,000 to owners of mid-tier
commercial office buildings that invest in energy efficiency
upgrades (26 August 2013).
More...
Published – articles, papers, reports
On Track, Implementing High Speed Rail in
Australia
Author: High Speed Rail Advisory Group Report
Major recommendations include: Formally commit to high speed rail
and settle arrangements; Protect the corridor (initially through
national legislation) and Refer high speed rail to Infrastructure
Australia for initial assessment (26 August 2013).
More...
Construction Work Done, Australia, Preliminary, June
2013
Author: Australian Bureau of Statistics
The trend estimate for total construction work done fell 1.0% The
seasonally adjusted estimate for total construction work done fell
0.3% to $50,773.5m. The seasonally adjusted estimate of total
building work done fell 0.6%, to $20,174.6m, and the seasonally
adjusted estimate for engineering work done fell 0.2%, to
$30,598.9m (28 August 2013).
More...
Building Approvals, Australia, July 2013
Author: Australian Bureau of Statistics (02 September 2013)
Building Approvals, Australia, July 2013 (cat no. 8731.0).
In practice and courts
Quantification of NCC Performance Requirements Survey
2013: ABCB
Feedback on the current state of play in respect to the use of
Alternative Solutions and how the system can be enhanced. With the
survey covering topics such as:the frequency of use of Alternative
Solutions compared to Building Solutions complying with the
Deemed-to-Satisfy Provisions; how Alternative Solutions are
applied; and your experience in the use of Alternative
Solutions.
Submissions close 19 September (28 August 2013). More...
National Consultations
Closing date for comments to the Productivity Commission on
Draft Report - Major Project Development Assessment
Processes - 13 September 2013. More...
Forthcoming Conferences
The Building Australia's Future Conference,
Brisbane, 15-18 September 2013
The Australian Building Codes Board, together with Master Plumbers
Australia and the Australian Institute of Building Surveyors, will
jointly deliver the pre-eminent national construction industry
conference of 2013.
More...
Australian National Conference on Resources and Energy,
Canberra, 03-04 October 2013
This will provide an opportunity to showcase leading-edge
Australian and international research on key issues such as the
global gas revolution, China's growth prospects, the community
licence to operate, Indigenous communities and mining, renewable
energy developments and also energy efficiency. More...
East Coast Gas Outlook Conference Sydney, 21-22 October
2013
This outlines opportunities and options to secure gas supply on
the east coast of Australia.
More...
International Symposium for Next Generation
Infrastructure, NSW, 01-04 October 2013
SMART Infrastructure Facility at the University of Wollongong
throws open its doors and welcome the international infrastructure
community as we host the International Symposium for Next
Generation Infrastructure (ISNGI),) (02 September 2013).
More...
NSW: NSW Major Project Proposals
The following project proposals have been listed:
Blackmans Flat – Centennial Western Coal Services Project
– upgrade of existing infrastructure and construction of
ancillary infrastructure
Gloucester – Establishment of new open cut coal mine
Cases
Coeclerici Asia (Pte) Ltd v Gujarat NRE Coke Limited
[2013] FCA 882
ARBITRATION – international arbitration – whether
award debtors can resist enforcement of a foreign arbitral award on
the ground that they were denied a reasonable opportunity of
presenting their case by the arbitral tribunal – whether, by
reason of the circumstance that the English High Court of Justice
refused to set aside an award in an international arbitration held
in London on grounds which included the ground that the award
debtors had been denied a reasonable opportunity of presenting
their case, the award debtors were precluded from relying upon the
same ground in resisting enforcement proceedings in Australia
– whether receivers should be appointed to certain shares
held by the award debtors in corporations incorporated in Australia
– whether Freezing Orders should be continued in aid of
enforcement. More...
Sydney Water v Asset Geotechnical Engineering & Ors
[2013] NSWSC 1274
TORTS - negligence - landslip at building site - damage caused to
sewer main owned by the plaintiff - whether geotechnical engineer,
occupiers, principal contractor or excavator liable - apportionable
claim covered by Part 4 Civil Liability Act 2002 (NSW) - whether
local council is a concurrent wrongdoer under s35(3) Civil
Liability Act 2002 (NSW) REAL PROPERTY - statutory covenant -
whether second and third defendants liable for breach of statutory
covenant created by s44 Sydney Water Act 1994 (NSW) - whether claim
is an apportionable claim. More...
Dial D Pty Ltd as trustee for the Smith Street Unit
Trust v Kingston Building (Australia) Pty Ltd NSWCA
277
Appeal allowed in part. CONTRACTS - building, engineering and
related contracts - the contract - construction of contract -
whether further progress claim could be made - whether
Superintendent entitled to issue progress and other payment
certificate in month when no work done and contractor did not issue
progress certificate - whether Superintendent's progress
certificate void. Building and Construction Industry (Security of
Payments) Act 1999. More...
Taylor v Harvey Norman Design & Renovation (Home
Building) [2013] NSWCTTT 276
For recovery of the sum of $2,000.00. Home Building Act 1989 -
Australian Consumer Law - Misleading and deceptive conduct inducing
a contract - The respondent must pay the sum of $1,600.00 to the
applicant.
More...
Watpac Construction (Qld) Pty Ltd v KLM Group Ltd &
Ors [2013] QSC 236
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PROGRESS PAYMENTS – AJUDICATION OF PAYMENT
CLAIMS – where respondent and applicant entered into a
contract for certain construction works – where respondent
made payment claim pursuant the Building and Construction Industry
Payments Act 2004 (Qld) – where the payment claim was
referred to adjudication – where adjudicator ordered
applicant to pay respondent – where applicant seeks judicial
review of adjudicator's decision on a number of grounds –
where applicant contends adjudicator's decision is affected by
jurisdictional errors by misinterpreting the contract –
whether a misinterpretation of the contract amounts to a
jurisdictional error – dismissed. More...
McConnell Dowell Constructors (Aust) Pty Ltd v Heavy
Plant Leasing Pty Ltd (Administrators appointed) (Receivers and
Managers appointed) & Ors [2013] QSC 223
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PROGRESS PAYMENTS – SUBCONTRACTORS'
CHARGES ACT (QLD) – where the applicant is a subcontractor
providing earthworks and where the first respondent is its
subcontractor – where the first respondent served the
applicant with notices of claim of charges pursuant to s 10(1)(a)
Subcontractors' Charges Act 1974 (Qld) (Charges Act) –
where the applicant contended the notices were not sufficiently
particularised and consequently invalid and "must be
withdrawn" – where the first respondent accepted the
notices were invalid – where the first respondent
subsequently commenced adjudication proceedings pursuant to the
Building and Construction Industry Payments Act 2004 (Qld)
(Payments Act) – where the existence of a valid notice of
claim of charge prohibits the making of an adjudication application
– where the applicant contends the notices were not properly
withdrawn pursuant to s 11(8) Charges Act – whether the
notices were validly issued – whether there was an effective
withdrawal of the notices. CONTRACTS – BUILDING, ENGINEERING
AND RELATED CONTRACTS – REMUNERATION – STATUTORY
REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS
– ADJUDICATION OF PAYMENT CLAIMS – where the applicant
sent two letters dated 6 and 8 March 2013 in response to a payment
claim served by the first respondent – where the third
respondent concluded the 6 March document amounted to a payment
schedule and determined the adjudication by that document –
where the applicant contends the third respondent failed to
consider the 8 March document as a valid payment schedule –
where the applicant contends the 6 March document was an incomplete
document when an incomplete document cannot be a payment schedule
under the Payments Act – where the 8 March document was
expressly identified as a payment schedule and its contents dealt
with issues required by a payment schedule – whether the 6
March document constitutes a valid payment schedule – whether
the refusal to consider material relevant to the determination of
the payment claim constituted jurisdictional error. 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.