In the media
Changes to infrastructure bill ditched
Deputy Prime Minister Warren Truss said on Wednesday the
government wanted to "clear up ambiguities" about planned
changes to Infrastructure Australia, which had led to a
"misunderstanding" that his intention was to make the
body less independent (18 June 2014).
More...
Housing Construction Set for Years of Boom:
HIA
Activity in new residential building throughout Australia is set
to remain well above levels experienced in the past decade for at
least several years whilst activity in renovations of existing
homes has bottomed out and will recover going forward, a key
industry association says (18 June 2014).
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Macroeconomics research: millenium mining boom for
Australians
Research shows the millennium mining boom is adding $97billion a
year to Australia's national output and is continuing to
underpin Australia's economic growth. The macroeconomics data
shows that mining contributed 27 per cent of growth in
Australia's economy in the decade to2012-13 (10 June 2014). More...
NSW
Asset recycling and infrastructure expenditure sets the
building blocks of the future prosperity of NSW
The NSW budget gives confidence that a strategy is in place to
develop much needed infrastructure through asset sales so that
future growth is supported, says the Urban Taskforce (17 June
2014).
NSW budget 2014-2015 to focus on
infrastructure
The NSW Treasurer has confirmed there will be more than $60
billion in funding for roads, rail and hospitals in this year's
state budget (16 June 2014).
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$20 billion infrastructure fund can underpin
Sydney's urban future
The Urban Task Force says partial sale of the poles and wires can
raise much needed funds to position Sydney as a global city and
underpin important projects in country NSW (10 June 2014).
Queensland
Construction underway at $590 million South Bank
development
Construction has started on the Anthony John Group's $590
million mixed-use development at SouthBank. Queensland builder
Watpac is now working on the site's first building, a13-storey
commercial tower (22 June 2014).
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MBA: big challenges for Queensland's Construction Sector Reforming inefficient taxes, embracing innovation and overhauling contracting and procurement practices are among a range of areas which must be addressed if the construction industry in Queensland is to unleash its full potential over coming years and decades (12 June 2014). More...
URBIS report: Inner-Brisbane apartment construction
booming
A new report has found inner-Brisbane apartment construction is
booming, with unprecedented levels of new stock about to hit the
market (12 June 2014).
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Victoria
The Napthine government has backed away from key
building reforms
The new building legislation will be delayed until spring, while
thousands of dwellings in Melbourne's western suburbs crack up
from ''slab heave'', the result of volatile clay
soils and poor building practices. The government is also expected
to alter crucial sections of the legislation (21 June 2014).
More...
Drug and alcohol screening to be enforced on
construction sites
New requirements for tighter screening of drug and alcohol use at
construction workplaces across Victoria will commence from 1 July,
helping to ensure a safer and more secure environment for workers,
Minister for Finance Robert Clark announced today (20 June 2014).
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$2.37b building permits in April 2014
The Victorian Building Authority's (VBA) latest industry data
shows that the value of building permit activity in Victoria in
April 2014, was the highest total on record for any month (19 June
2014).
Plans progress quickly for Melbourne Park
upgrades
A streamlined planning process will allow for timely works as the
redevelopment progresses for sporting facilities, through quick and
efficient updates to the precinct's master plan, with amendment
C229 to the Melbourne Planning Scheme (13 June20014).
More...
Red tape reduction cuts $8 million in building
costs
Demands on commercial builders to take out costly and unnecessary
insurance policies will be lifted this month. The Minister for
Planning said the mandated requirement for commercial builders to
hold structural defects insurance has been an impediment to growing
business and development in Victoria (10 June 2014).
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In practice
ABCB: National Construction Code Reforms
From 1 February 2015 registered users will have access to a free
preview of NCC 2015 online and PDF prior to its adoption date of 1
May. Future NCC amendments will be made on a three-year cycle
rather than every year. These important changes have been agreed to
in principle, and the Australian
Building Codes Board website has more information.
Reminder: proposed NCC changes
consultation
You are invited to comment on proposed changes to the next edition
of the National Construction Code (NCC). The period for comment on
the draft proposals commences 2 June and closes on 1 August 2014.
Visit the Australian Building Codes Board's website for
more information and to submit your comment (04 June 2014)
QBCC: InsurancePremium Table Effective 1 July
2014
Premiums include GST. For multiple dwellings: one premium is
payable on each individual residence e.g. round up to next whole
value. Divide the total contract value by the number of units to
calculate the premium (16 May 2014).
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QLD: Building certification review
The review will examine probity, conflicts of interest, quality
and accountability for private certifiers to ensure the
certification system was responsive to the needs of consumers and
the industry.The discussion paper is available at: '
Review of the Building Act 1975 and building certification in
Queensland' discussion paper
QLD DEIR: Electrical safety in ceiling
spaces
Homeowners and tradespeople are urged to turn off all the main
power switches at the switchboard before heading up into the
ceiling space (06 June 2014).
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VIC: new VBA website launch
The website provides streamlined navigation and a contemporary
look, designed with the needs of the end-user in mind. If you are
unable to find the information you are seeking please use the
Building/PlumbingA-Z or the search function located at the top of
the website (20 June 2014).
More...
Cases
Federal
Austral Masonry (NSW)Pty Ltd v Cementech Pty Limited
[2014] FCAFC 72
CONTRACTS – construction and interpretation – survival
of clause after termination – common intention of parties
– commercial practicality – contractual scheme for
enforcement of intellectual propertyrights against third party
infringers – whether appellant obliged to contribute to
respondent's costs of litigation against infringer –
whether obligation only arose upon appellant giving notice of
infringement by third party – whether scheme amounted to code
between parties – whether parties intended obligation to
continue beyond termination of contract in circumstances where
litigation commenced during term of contract PRACTICE AND PROCEDURE
– declarations – exercise of discretion – whether
declaration related to hypothetical matters or amounted toan
advisory opinion
PRACTICE AND PROCEDURE – appeals – leave to raise
issue not argued before primary judge – whether evidence
could have been led on issue at first instance. More...
New South Wales
PPK Willoughby v Eighty Eight Construction [2014] NSWSC
760
Plaintiff's claims fail. Parties to bring in draft
orders.
BUILDING AND CONSTRUCTION - building contracts - Adjudication
determinations - whether adjudicator's determination is void
for failure to exercise the power given to him under the Building
and Construction Industry Security of Payments Act -whether
adjudicator abrogated power by accepting the valuation assessed by
the Superintendent
BUILDING AND CONSTRUCTION - Building contracts - Certification of
progress claims - whether Superintendent had power to issue payment
certificate at the time that he did -meaning of 'business
day' where undefined in Contract - whether 'business
day' means 'working day' - whether Superintendent
issued payment certificate prior to last business day of the month
Building and Construction Industry Securityof Payment Act 1999
(NSW). More...
FAL Management Group v Denham Constructions [2014] NSWSC
747
Application for interlocutory injunctive relief dismissed with
costs.
BUILDING AND CONSTRUCTION - building contracts -adjudication
determinations - whether plaintiff can appropriate payment made in
respect of an earlier adjudication determination against a later
payment claim
PROCEDURE - interlocutory injunctive relief - whether as a matter
of discretion relief should be granted PROCEDURE - costs - general
rule costs follow the event
Building and Construction Industry Security of Payment Act 1999
(NSW). More...
Queensland
Ball Construction Pty Ltd v Conart Pty Ltd [2014] QSC
124
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS– THE CONRACT – CONSTRUCTION OF PARTICULAR
CONTRACTS AND CONDITIONS – VARIATIONS– where the
applicant and a company entered into a building contract –
where that company and the first respondent entered into a deed of
assignment with the consent of the applicant – where the
director of the original construction company swore a statutory
declaration – where the director of the first respondent also
swore a statutory declaration – where the statutory
declarations stated that no variations, claims or disputes existed
– whether the statutory declarations and the agreement to
enter into a deed of assignment created an estoppel
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS– REMUNERATION – STATUTORY REGULATION OF
ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS –
ADJUDICATION OF PAYMENT CLAIMS – where a dispute about the
date for practical completion under the contract arose –
where liquidated damages and variations were also disputed –
where an adjudicator appointed under the Building and Construction
Industry Payments Act 2004 adjudicated a payment claim –
where the applicant and first respondent entered into a deed
–where by that deed the first respondent undertook not to
enforce the adjudication certificate – where the third
respondent then adjudicated a further payment claim – whether
there were jurisdictional errors in the third respondent's
adjudication decision – whether the first respondent had
engaged in an abuse of process – whether the adjudication
should be declared void or quashed
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS– REMUNERATION – STATUTORY REGULATION OF
ENTITLEMENT TO AND RECOVERY OFPROGRESS PAYMENTS – PROGRESS
PAYMENTS – whether work carried out before the deed was work
under the construction contract CONTRACTS – DISCHARGE, BREACH
AND DEFENCES TO ACTION FOR BREACH – DISCHARGE BY AGREEMENT
– NOVATION – whether the agreement between the
applicant and the first respondent was an assignment or a novation.
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.
CU LAB: Developers and the NSW building defects regime
