In the media
Infrastructure metric shows investment
slump
The Australian Infrastructure Metric report for the quarter to
June was released in September and shows that despite a rally in
the quarter, Australia saw a 35% slump in public infrastructure
investment in 2012/13 compared to the previous financial year (03
October 2013).
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Leighton denies culture of corruption and
cover-ups
Former Leighton Holdings' chief executive has denied claims he
was aware of bribery and fraud allegations made against the
building giant. Mr King's comments came as Leighton Holdings
said it was "deeply concerned" about bribery and fraud
allegations made against the firm (03 October 2013).
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ACCC reauthorises concrete cartage allocation system in
Perth
The ACCC has allowed Holcim (Australia) Pty Ltd to continue to
operate its concrete cartage allocation system. The system ensures
that no individual truck receives more or less work than
Holcim's Perth fleet average (within five per cent) (02 October
2013).
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Housing boom' spells end to rate cuts:
HSBC
Amid talk of a housing 'bubble', capital city housing
values rose by 3.7 per cent in the third quarter of the year to
take prices to a record high. Capital city house prices rose by 1.6
per cent in September and by 3.7 per cent in the third quarter,
resting at 5.5 per cent higher for the year (02 October 2013).
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Lend Lease Top the Construction 100 List for
2012/13
Cordell Information and the Housing Industry Association releases
the Housing Industry Association - Cordell Construction 100 for
2012/13. The report presents in-depth analysis of the engineering
construction and non-residential building sectors and profiles the
largest 100 companies operating in these sectors (26 September
2013).
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QBCA: New Green Star rulings to slash certification
costs
Improvements to the Green Star rating tools operated by the Green
Building Council of Australia (GBCA) have the potential to slash
the cost of Green Star certification by as much as $50,000,
according to the QBCA (25 September 2013).
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NSW the happening state for new housing
The number of new houses approved in NSW continues to track at the
highest levels in nine years, with approval rates continuing to
rise in NSW despite falling nationally, according to data released
by the ABS (02 October 2013).
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WestConnex to unleash productivity and urban
renewal
Australia's largest infrastructure project has taken an
exciting step forward with the NSW Government approving the
business case for WestConnex (25 September 2013).
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Demolition plan for Southport Hospital
The Newman Government will demolish the Southport Hospital and
sell the CBD land for development. Comprising approximately 3.5
hectares, the vacant hospital land will be a catalyst site for
Southport and falls within the newly declared Southport Priority
Development Area (04 October 2013).
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Gateway Upgrade North – Preferred
Plan
Work on the Gateway Upgrade North project has been fast tracked,
with designs now available online and early works due to begin in
late 2014.To view the preferred plan for the Gateway Upgrade North
project visit www.tmr.qld.gov.au (search for projects Gateway
Upgrade North) (01 October 2013).
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Commonwealth Games milestone
The Economic Development Queensland (EDQ) takes possession of the
Gold Coast Parklands, for the redevelopment of the Parklands as the
athletes' village for the 2018 Commonwealth Games. The
Parklands demolition contract has been awarded to Caylamax
Demolitions Pty Ltd and these works are expected start on site this
week (01 October 2013).
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Sale of Brisbane Clem7 Tunnel announced
More than two years after it was placed in receivership,
Brisbane's Clem7 tunnel has been sold to Queensland Motorways
for $618 million - a fraction of the $3 billion it cost to build.
The sale is seen as a barometer for likely interest in Sydney's
Cross City Tunnel which was placed in receivership two weeks ago
(28 September 2013).
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Court finds CFMEU and official instigated strike on
Heidelberg site in FWBC case
Fair Work Building & Construction (FWBC) has secured a $15,000
penalty against the CFMEU and its official, Bill Beattie, for
directing two workers to strike on the Florey Neuroscience
Institute within the Austin Hospital site at Heidelberg, Victoria
(03 October 2013).
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Construction giants shortlisted to deliver East West
Link
Premier Dr Denis Napthine and Treasurer Michael O'Brien today
announced the shortlist of consortia vying to deliver the East West
Link, with global and Australian construction giants in the race to
build the landmark project (30 September 2013).
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Simonds Group Claims Mantle of Victoria's Largest
Builder
Simonds Group claimed the top position on Victoria's largest
builders list for 2012/13, according to the latest HIA-COLORBOND
steel Housing 100 Report. Building across Victoria, NSW, Queensland
and South Australia, Simonds Group also retained its ranking of
fifth among the nation's largest home builders (25 September
2013).
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Published – articles, papers, reports
Engineering Construction Activity, Australia, June
2013
Author: Australian Bureau of Statistics
The trend estimate for the value of total engineering construction
work done fell 1.6%and the seasonally adjusted estimate for the
value of total engineering construction work done fell 0.5% to
$30,524.0m. The trend estimate for the value of work done for the
private sector fell 2.0%, and the seasonally adjusted estimate for
the value of work done for the private sector fell 1.2% to
22,829.3m (02 October 2013).
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Building Approvals, Australia, August 2013:
ABS
Author: Australian Bureau of Statistics
Building Approvals show that the total number of private sector
house approvals rose 0.6 per cent. Dwelling approvals increased in
August in the Australian Capital Territory (2.3 per cent), Northern
Territory (1.3 per cent), Western Australia (1.3 per cent), NSW
(1.1 per cent), South Australia (0.9 per cent), Tasmania (0.7 per
cent) and Queensland (0.1 per cent) but decreased in Victoria (-1.7
per cent) in trend terms (02 October 2013).
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Review of the Home Building Act 1989: Position
Paper
Author: NSW Government
This Position Paper presents the NSW Government's key proposed
reforms to the Home Building Act 1989 (the Act) (September 2013).
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Priorities for Infrastructure in
Australia
Speech: ISCA Chairman on 23 September 2013
The author discusses the prospect for our Nation's
infrastructure in a global context. This article was produced by
Engineers Australia and featured in their September 2013
publication.
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In practice and courts
Forthcoming Conferences
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.
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Cases
The Owners - Strata Plan No 61288 v Brookfield Australia
Investments Ltd [2013] NSWCA 317
BUILDING AND CONSTRUCTION - builder's duty to subsequent owner
- latent defects in common property - duty to owners'
corporation of commercial premises. STATUTORY INTERPRETATION -
scope of duty of care under common law - responsibility of builder
of commercial building - significance of statutory warranties with
respect to residential building work. TORTS - negligence - claim
for pure economic loss - duty of care for latent defects in
commercial premises - liability to owners' corporation with
respect to common property - vulnerability as necessary element of
duty. Civil Liability Act 2002 (NSW), ss 5B, 5C; Part 1A; Home
Building Act 1989 (NSW), ss 3, 18A, 18B, 18C, 18D, 18G; Pt 2C; Home
Building Regulation 1997 (NSW), cll 5, 6. More...
Mackay Labour Hire Pty Ltd v J.M. Kelly (Project
Builders) Pty Ltd [2013] QDC 230
CONTRACTS – BUILDING AND CONSTRUCTION – REMUNERATION
– STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF
PROGRESS PAYMENTS – where the applicant supplied labour to
the respondent building company – where the applicant
invoiced the respondent for the labour supplied – where
payment is outstanding – where the applicant did not hold a
licence under the Queensland Building Services Authority Act 1991
(Qld) – whether the applicant carried out building work.
– whether the applicant was required to hold a licence.
CONTRACTS – BUILDING AND CONSTRUCTION –STATUTORY
REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS
– where invoices styled as payment claims under the Building
and Construction Industry Payments Act 2004 (Qld) were sent to the
post office box address for the respondent – whether the
applicant or some other entity served the claims - whether the
applicant's payment claims were served on the correct corporate
entity – whether summary judgment should be entered - whether
the applicant failed to comply with the statutory preconditions to
recovery – whether the reference date for the entitlement to
serve payment claims was established. More...
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