In the media
Agreement helps free billions for
infrastructure
The confirmation of a new deal that will see the Federal
Government provide one-off grants linked to the sale of state
assets – and the reinvestment of all proceeds in new
infrastructure – offers a real opportunity to accelerate the
process of infrastructure delivery and reform across the
Federation, says Infrastructure Partnerships Australia (28 March
2014).
More...
Report Finding Go Against Reinstating
ABCC
The supposed benefits of a reinstated Australian Building and
Construction Commission are based on flawed evidence, a new
parliamentary report says (28 March 2014).
More...
IR Red Tape Strangles Construction Sector
As the government seeks to reduce the compliance burden on
business, the Australian Industry Group (Ai Group) National Survey:
Burden of Government Regulation reveals that 95 per cent of CEOs
surveyed who operated within the building industry expected
industrial relations and occupational health and safety to be
either a 'high' or 'medium' burden on their
business in 2014 (28 March 2014).
More...
Economic report reinforces value of Australia's
resources industry
The mining industry continues to underpin the Australian economy,
with new figures today showing the production phase of the boom is
gathering momentum, with the latest Bureau of Resources and Energy
Economics (BREE) report showed Australia will reap an 8 per cent
gain in export earnings each year for the next four years (26 March
2014).
More...
Trends' to Guide Infrastructure
Future
Australia's infrastructure outlook has been mapped and made
public as never before with the release of the Government
publication Trends, a forecast of the nation's infrastructure
position through to 2030. Trends outlined a solid evidence base on
the pressures affecting Australia's infrastructure needs (19
March 2014).
More...
New South Wales
Accidents waiting to happen: Fire-trap buildings in
NSW
Buildings across NSW are routinely declared safe despite being
potential fire traps, and contractors are installing poor fire
protection out of ignorance or to cut costs, two peak fire bodies
have warned. Fire Protection Association Australia says up to 40
per cent of buildings in NSW do not meet basic fire safety
standards (25 March 2014).
More...
Resources for Regions Provides $75m Boost To Regional
Infrastructure
The NSW Government has committed more than $75 million to regional
infrastructure projects to support mining communities as part of
the 2013-14 second and biggest-ever round of the Resources for
Regions program (18 March 2014).
More...
Queensland
Master Builders: proposed levy reduction to provide
boost for industry
A proposed QLeave levy reduction announced by the Attorney-General
and Minister for Justice, as part of the Construction and
Tourism (Red Tape Reduction) and Other Legislation Bill, will
significantly reduce costs for the construction industry (19 March
2014).
More...
Reforms for the economy and community groups:
QLeave
Under the Construction and Tourism (Red Tape Reduction) and
Other Legislation Bill, the QLeave levy rate for construction
and building projects will be reduced from 0.30 per cent to 0.25
per cent. QLeave ensures building and construction workers have
access to paid leave, regardless of whether they work on different
projects or for different employers (19 March 2014).
More...
Regional and Resource Towns Action Plan
Towns in resource regions have received infrastructure upgrades
and State land for homes and industry through the Newman
Government's Regional and Resource Towns Action Plan.
The plan was finalised in March 2013 and committed the State, 11
local governments and Ergon Energy to 136 actions for delivery
within one to two years (17 March 2014).
More...
Victoria
Major new jobs precinct for Melbourne's
northwest
An exciting new employment precinct will deliver 25,000 jobs and
potential investment of more than $2 billion in Melbourne's
inner north western suburbs. The Essendon Airport area has now been
identified in Plan Melbourne as a key transport gateway and
importantly as a significant opportunity to create new jobs in the
suburbs (19 March 2014).
More...
Draft building and construction guidelines
endorsed
The Victorian government has welcomed a draft report from the
Productivity Commission on public infrastructure that recommends
the commonwealth as well as all state and territory governments
adopt Victoria's building code and implementation guidelines.
Additional measures will require improvements to site security, and
tackling drug and alcohol issues will be implemented shortly by the
Victorian government (18 March 2014).
More...
Victoria to remove commercial defects
insurance
The Victorian Government plans to remove the requirement for
commercial property builders to have defects insurance. The change
recognises that commercial property owners can manage their own
building risks (17 March 2014).
More...
Published – articles, papers, reports
Review of Australian Construction Market Conditions to
March 2014
Author: WT Partnership's Review
In this issue of the report we note the continuation of aggressive
tendering across all levels of the construction market, despite an
increase in the number of projects proceeding to tender. The report
provides state by state analyses of tender price escalation and
commentary on conditions likely to impact tender markets in the
next 24 to 36 months (released March 2014).
More...
Trends: Infrastructure and Transport to
2030
Author: Department of Infrastructure and Regional
Development
The outlook includes: economic conditions, trends in the global
economy and the outlook for the Australian economy; infrastructure
investment trends; Australia's transition, including industry,
demographic and spatial changes; modal trends in the movement of
goods and people; regulatory trends for the portfolio and
challenges and opportunities (released March 2014).
More...
In practice and courts
Reminder: Revision to Walkways, Ladders and Platforms
Standard AS 1657
The new 2013 revised version will be referenced in the National
Construction Code (NCC) on 1 May 2014 This revision is more
reflective of the changes within the industry and seeks to align
current Work Health Safety (WHS) regulations and the NCC (March
2014). More...
Public comment reminder: Fire Hydrant Installation [AS
2419.1]
Standards Australia has released the draft Standard AS 2419.1 Fire
hydrant installations - Part 1 System design, installation and
commissioning for public comment. The Standard applies to the
design, installation and commissioning of any fire hydrant used to
protect buildings, yards, marinas, wharves and plant. Submissions
close on 02 April 2014. More...
Treasury Discussion paper: Exploration Development
Incentive
Following the release of the discussion paper, there will be a
period of consultation until 4 April. Peak industry bodies and
other interested parties are invited to make submissions.
Submissions should be sent to explorationincentive@treasury.gov.au
and the discussion paper is available on the Treasury website.
Cases
The Owners - Strata Plan No. 80436 v Sezone Pty Ltd
and Daphne Street No 1 Pty Limited [2014]
DAMAGES - assessment of damages for defective building work - no
question of principle. Civil Procedure Act 2005; Home Building Act
1989; Uniform Civil Procedure Rules 2005. More...
Kitchen Plus (Nerang) Pty Ltd v Queensland Building
and Construction Commission [2014] QCAT 084
Application to review a decision by the respondent to issue a
direction to rectify defective building work – discretion not
to issue a direction where in all the circumstances it would be
unfair to give the direction – circumstances where the
factual matters in dispute had been previously adjudicated in a
civil claim before QCAT – questions whether that civil
adjudication comprises a circumstance that should inform exercise
of the discretion. More...
Tyrrell & Anor v McNab Constructions Pty Ltd
& Ors [2014] QCA 052
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR
NEGLIGENCE – DUTY OF CARE – RELATIONSHIP OF PROXIMITY
– where the appellants were the subsequent purchasers of a
house built by the first respondent and first purchased by the
third respondent – where the appellants' statement of
claim alleged the house was negligently constructed and the
appellants suffered loss as a result – where the statement of
claim was struck out however the appellants were allowed to
re-plead their case – whether at law a builder of a dwelling
house owes a duty of care to subsequent purchasers –
identification of the prerequisites for imposing on a builder of a
defectively constructed building a duty of care to subsequent
purchasers. PROCEDURE – INFERIOR COURTS – QUEENSLAND
– DISTRICT COURTS – CIVIL JURISDICTION –
PROCEDURE BEFORE TRIAL – COMMENCEMENT OF ACTION AND PLEADINGS
– where the appellants appealed the striking out of their
statement of claim – whether the reasons given for the strike
out were insufficient – whether the pleaded facts were
incapable of giving rise to a duty of care and a cause of action
– where the respondents cross-appealed the primary
judge's order to not strike out the action and allow the
appellants to re-plead – whether there was a sufficient basis
for the primary judge to conclude that the appellants would be able
to re-plead sufficient facts to justify that they were owed a duty
of care. More...
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