In the media
Fresh corruption claims emerge developer forced to hire
CFMEU employees
Victoria's powerful construction union has been accused of
forcing a developer to employ both the brother-in-law and best
friend of the union boss in exchange for industrial peace (03 July
2014).
More...
Exploration development incentive boosts greenfields
development
The Government has launched the Exploration Development Incentive,
which will support junior exploration companies to conduct
'greenfields' mineral exploration. The Exploration
Development Incentive will assist junior explorers in raising
capital from private sector investors through a refundable tax
offset (02 July 2014).
More...
Master Builders calls for urgent reform of Right of
Entry
Master Builders Australia has called for urgent reform of the
right of entry workplace laws to redress the current imbalance
which favours unions (27 June 2014).
More...
National Infrastructure Australia reforms become
law
Parliament has passed the Infrastructure Australia Amendment
Bill 2013, enabling Infrastructure Australia operate with
enhanced status as an independent statutory authority, governed by
an independent Board. The Bill's passage abolishes the role of
the Infrastructure Coordinator, and reforms Infrastructure
Australia's key functions (26 June 2014).
More...
RSM International: Construction suffers high churn
rate
According to a global survey by RSM International, construction
was the principal source of business churn in Australia from
2008–2012, with more than 400,000 company births and deaths
(27 June 2014).
More...
New dispute resolution tool makes it easier for small
businesses
The Government announces small businesses in a dispute are set to
benefit from the launch of Dispute Support, a new online dispute
resolution information and referral tool (24 June 2014).
More...
New South Wales
$500m boost for airport roads
Significant investment in road infrastructure in and around Sydney
Airport set to improve traffic congestion and boost NSW economy (30
June 2014). More...
Coal miner takes NSW govt to High Court
A NSW coal company is mounting a constitutional challenge in the
High Court to a state law cancelling corruption-tainted exploration
licences. NUCOAL Resources, the owner of one of the cancelled
licences, claims the law amounts to an act of judicial power by the
NSW parliament (26 June 2014).
More...
World class metro for global city
Globally operator Hong Kong-based MTR has been selected for
Sydney's North West Rail Link project. The North West Rail Link
is the first step in evolving Sydney's public transport network
into a 'turn up and go' system (24 June 2014).
More...
Queensland
Government strong plan for Queensland
released
Some of the major initiatives included in the latest 6 month plan
include release the Queensland State Infrastructure Plan, complete
expressions of interest process for the Toowoomba Second Range
Crossing project and the ResourcesQ Partnership and Action Plan to
better plan for growth in Queensland's resources sector (06
July 2014).
More... More...
QLD Building Industry Hails New Dispute
Process
Master Builders Association of Queensland executive director Paul
Bidwell said a new process which came into force on July 1 under
which the Queensland Building and Construction Commission (QBCC)
will provide early mediation when disputes arise is a win for all
parties involved (01 July 2014).
More...
Developer questions Qld Govt infrastructure
charges
A Sunshine Coast-based developer says a review of Queensland
Government infrastructure charges is needed to encourage
development in south-east Queensland (30 June 2014).
More...
North-West mine extension for Glencore
Minister for Natural Resources opened the new mine extension
investment by Glencore, which will see operations transition from
open pit mining to underground shaft mining. The transition to
underground shaft mining will see mine operations extended to at
least 2026 (25 June 2014).
More...
ACIF: Queensland building peaks in
2013-14
ACIF projects the peak in Queensland's construction spending
to be reached this year, in 2013-14. As construction of many of the
mega projects come to completion in the medium to long term, the
state's income is set to continue on an upward trajectory,
resulting from the increased capacity to export coal and gas to
international markets (24 June 2014).
More...
Victoria
Experts probe cracking in Latrobe Rd near Yallourn
mine
Authorities are still trying to determine what has caused big
cracks to develop in a road next to the Yallourn mine. A series of
large cracks have developed in the bitumen of the Latrobe Road
along the eastern side of the Yallourn open-cut coal mine (01 July
2014).
More...
Victoria to tighten major project
scrutiny
Victoria's auditor-general says moves to cut waste in major
government projects are working, but the level of scrutiny is still
falling short, The government has pledged to tighten oversight of
major projects, including its multibillion dollar Melbourne Rail
Link project and the second stage of the East West Link road
project (26 June 2014).
More...
Southbank skyscraper approved by Victorian
Government
Construction of the Australia 108 skyscraper at 70 Southbank
Boulevard, which will stand 319 metres tall once completed, has
been approved by the Victorian Government. The Infrastructure
Minister said the building would be the first 100-storey building
in the southern hemisphere (26 June 2014).
More...
Practice and courts
Exploration Development Incentive
This will assist junior explorers in raising capital from private
sector investors through a refundable tax offset (02 July 2014). More... More...
NSW: First Home buyers boost from 01 July
2014
First-time house hunters are now able to buy newly constructed
homes valued up to $750,000, and remain eligible for the First Home
Owner Grant. The new grant cut off has been boosted by $100,000, as
of 1 July 2014. More...
NSW: Changes to home warranty insurance
The NSW Home Warranty Insurance Fund (HWIF) has updated Fact Sheet
11 Major Builder Eligibility Reviews, to take effect from 1st July
2014.
More...
QBCC: Insurance Premium 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.
More...
VIC: Domestic Building Insurance
Variation
A variation to the Domestic Building Insurance Ministerial Order
will take effect from 1 July 2014. Domestic building work more than
$16,000 will require domestic building insurance and will cover
costs up to $300,000 to fix structural defects for six years, and
non-structural defects for two years (27 June 2014).
More...
VIC: New residential zones and schedules to residential
zones
Changes to residential zones in planning schemes have introduced
new sitting requirements across Victoria. The new and revised
residential zones allow councils more flexibility to vary the
sitting controls under Part 4 of the Building Regulations 2006 (the
Regulations) (02 July 2014).
More...
Cases
Cornerstone Danks Street v Parkview
Constructions [2014] NSWSC 866
BUILDING AND CONSTRUCTION - Adjudication determinations -
application for declaration that adjudicator's determination is
void - whether adjudicator failed to comply with statutory
obligation imposed by s 21(3) of the Building and Construction
Industry Security of Payments Act 1999 (NSW) - whether
determination void where as at the date by which determination was
to be made not all matters in dispute had been decided PROCEDURE -
costs - whether to grant indemnity costs where argument of
contestable point of law and no relevant delinquency. More...
Nefiko Pty Ltd v Statewide Form Pty Ltd (No 2)
[2014] NSWSC 840
ADMINISTRATIVE LAW - judicial review - grounds of review -
Building and Construction Industry Security of Payment Act
1999 (NSW) - adjudication determination - whether identity of
parties to construction contract a jurisdictional fact - whether
decision by adjudicator as to identity of contracting parties
reviewable for jurisdictional error - distinction between
determination of a jurisdictional fact with binding legal effect
and the formation of an opinion by an administrative body in
relation to a jurisdictional fact - whether denial of natural
justice - whether adjudicator took into account all relevant
factual matters. More...
PPK Willoughby v Eighty Eight Construction
(No.2) [2014] NSWSC 839
BUILDING AND CONSTRUCTION - Practice and procedure - application
for stay of order that money paid into court for interlocutory
relief be paid to defendant - whether to grant application for stay
where risk that defendant may become insolvent before final relief
granted - whether to grant application for stay where plaintiff
considering whether to challenge earlier decision on appeal.
PROCEDURE - costs - whether to make an order as to costs in respect
of cross-claim where cross-claim essentially defensive - whether to
make an order as to costs where issues raised by cross-claim not
yet decided – dismissed. More...
Queensland Building and Construction Commission v
Ward & Anor [2014] QSC 138
PROFESSIONS AND TRADES – BUILDERS – STATUTORY
INSURANCE SCHEME – where the statutory insurer paid claims in
respect of building work carried out by the company which was the
building contractor – where the statutory insurer commenced
the same proceeding against the building contractor and its
director to recover those amounts as a debt pursuant to s 71 and s
111C Queensland Building Services Authority Act 1991 (Qld)
– whether the statutory insurer established its claim in debt
against the director without first proceeding against the building
contractor. 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.