Australia: Construction & Infrastructure - What's News - 22 July 2014

Last Updated: 30 July 2014
Article by Chris Edquist, Amanda Davidson, Janelle Kerrisk, Stephen Burton, Stephen Pyman and Troy Lewis

Most Read Contributor in Australia, September 2016

In the media

Global business leaders put trade, infrastructure proposals to G20
World leaders must immediately ratify a pact to lower trade barriers, establish a global "infrastructure hub" to arrange and prioritise projects and agree to rules on stopping corruption, business leaders have said (18 July 2014). More...

Business welcomes carbon tax repeal
Business groups have welcomed the scrapping of the carbon tax, however the effects of the decision which finally passed the senate yesterday will be mixed (18 July 2014). More...

Senate resolution needed for infrastructure reform
Continued delay to two pieces of legislation before the Senate (assets recycling and land transport bill) risks avoidable delay to state budget reform, and funding for local roads, warned Infrastructure Partnerships Australia (18 July 2014). More...

Tradies Toolkit for Health and Safety
Tradies National Health Month this August will boost and transform the health and safety of Australian tradies. Safe Work Australia recently reported $8.7 billion in compensation costs for trips, slips and falls relating to 26,705 claims, and with research showing that 80% of injured workers in Australia are tradesmen and labourers, this initiative is a must (17 July 2014). More...

Overhaul urged for infrastructure
The Productivity Commission's inquiry into public infrastructure has found there is an urgent need to overhaul processes for assessing and developing projects. According to the Public Infrastructure Inquiry Report, there is significant scope to improve public sector procurement, with potentially large benefits for project costs and timing (17 July 2014). More...

CFMEU's actions represent "gross failure of corporate governance": court
Federal Circuit Court Judge Burnett has said the actions of CFMEU officials Kane Pearson, Joseph Myles and Shane Treadaway on a Brisbane construction site represented a "gross failure of corporate governance on the part of the CFMEU and its affiliates" (10 July 2014). More...

CCF seeks changes to heavy vehicle permit process
The body representing the civil and infrastructure construction industry wants the timeframe given to local governments to process heavy vehicle permit applications drastically reduced from almost one month to seven days (11 July 2014). More...

Global report shows economic threat to business driving cities' climate response
The report has revealed that the economic threat of climate change faced by cities and businesses within them is spurring local government action. Damage to property and capital assets, transport and infrastructure destruction, and citizen wellbeing were among the top risks reported (10 July 2014). More...


Construction booms in Victoria
Victoria's construction sector is undergoing a boom, with a massive 25 per cent increase in house construction in the first quarter of 2014, according to ABS Building Activity statistics released today (16 July 2014). More...

HIA: has Victoria's New Home Building Market turned the Corner?
The Housing Industry Association has responded to ABS figures that show improved activity in Victoria's new home building market in the first quarter of 2014. This latest data adds further evidence that Victoria's new home building market has turned the corner and is back in expansion mode (16 July 2014). More...

New South Wales

Sydney proposes massive urban renewal project, calls for world's best designers
What would be Sydney's biggest urban renewal program since the Olympics has been announced, with the world's best urban designers set to be invited for a summit later this year. The NSW government announced that more than five kilometres of waterfront land on Darling Harbour was up for development (18 July 2014). More...

Record breaking housing commencements
The Minister for Planning, and NSW Treasurer said today levels of new residential construction in NSW have hit a 10 year high according to latest Australian Bureau of Statistics figures (17 July 2014). More...

NSW throws open $1bn in contracts to SMBs
Under the new arrangement, which started on 1st July 2014, government agencies are now required to seek at least one quote from a small-to-medium enterprise for contracts worth up to $1 million. The scope of work available to SMEs now stretches across the entire state government, and includes building and construction, ICT and other professional services (10 July 2014). More...


Fresh plan to supercharge Queensland regions
The framework has identified six priority action areas, including: planning for development; infrastructure services; making it easier to do business; capitalising on economic drivers; attracting and retaining people; and communicating and promoting the regions' potential (09 July 2014). More...

ResourcesQ vision open for public comment
Queenslanders will get to have their say on the proposed 30-year ResourcesQ vision to drive economic growth and create jobs in the resources sector (08 July 2014). More...

Published – articles, papers, reports

Public Infrastructure Inquiry report
Author: Productivity Commission: released on 14 July 2014
Volume 1 contains the overview, recommendations and findings. It covers infrastructure provision, funding and financing. Volume 2 considers the scope for reducing the cost of public infrastructure and the necessary steps to implement the reforms recommended in both volumes of the report. The series of appendices provide case studies and further detail on some issues. More...

Protecting our capital: how climate adaptation in cities creates a resilient place for business
Author: CDP, C40 and AECOM
Key findings: 76 per cent of cities reported that climate change could impact business. 75 per cent of the most severe physical risks from climate change that businesses disclose are also recognised by the relevant city and cities' actions on climate change have reduced 129 of the 194 risks reported by businesses. More...

Practice and courts

Infrastructure Sustainability Conference 2014, Sydney, 21 August 2014
The inaugural conference with the theme 'Blue is the New Green', will bring together all infrastructure professionals who want to be at the forefront of infrastructure sustainability, knowledge on how infrastructure sustainability can deliver value and long-term benefits to government, business and communities. More...

Safework traffic management guidance material
The General guide for workplace traffic management provides information for persons conducting a business or undertaking on how to manage traffic risks at a workplace. This Guide is supported by specific traffic management guides for: Shopping centres; Construction workplaces; Warehouses (July 2014). More...

QLD: Public Hearing - Inquiry into Building and Construction Industry Payments Amendment Bill 2014
The Transport, Housing and Local Government Committee (THLGC) will host a public hearing on its inquiry into the Building and Construction Industry Payments Amendment Bill 2014 (Qld) on 21 July 2014 in Brisbane, Queensland. More...


N Moit & Sons (NSW) v Denham Constructions [2014] NSWSC 905
Application for interlocutory injunction dismissed with costs. PROCEDURE - application for interlocutory injunctive relief - where relief sought under s 26B, Div 2A of the Building and Construction Industry Security of Payment Act 1999 (NSW) - whether serious question to be tried - where relief sought under s 14 of the Contractors Debts Act 1997 (NSW) - whether sufficient evidence that defendant owes unpaid person money under- whether to grant injunction under court's general power where granting relief would be inconsistent with policy of Building and Construction Industry Security of Payment Act 1999 (NSW) - whether to grant injunction under court's general power where no real risk of detriment to applicant. Building and Construction Industry Security of Payment Act 1999 (NSW); Contractors Debts Act 1997 (NSW). More...

Dewu Pty Ltd v Fabiano [2014] NSWSC 943
BUILDING AND CONSTRUCTION - adjudication applications - where adjudicator makes an error within jurisdiction - whether error as to the terms, construction or application of the construction contract is an error within jurisdiction - whether adjudicator erred in any event. Building and Construction Industry Security of Payment Act 1999 (NSW). More...

Queensland Building and Construction Commission v Lifetime Securities (Australia) Pty Ltd & Anor [2014] QCA 161
PROFESSIONS & TRADES – BUILDERS – STATUTORY INSURANCE SCHEME – where the respondent was contracted to build a residential property – where the property owner made claims against the respondent under the statutory insurance scheme, pursuant to the Queensland Building and Construction Commission Act 1991 ("the Act") – where the applicant's inspection of the property confirmed the defects – where the applicant provided written notice giving the respondent 28 days to rectify the defects – where the respondent did not respond to the written notices – where the applicant invited tenders to carry out the rectification works – where the applicant filed a claim in the District Court seeking costs of the rectification work from the respondent – where the respondent filed an application seeking dismissal of the applicant's claim in light of McNab Constructions Australia Pty Ltd v QBSA – where the learned District Court judge entered judgment against the applicant on the basis that their case as pleaded had no real prospects of success – whether the applicant's right to recovery was conditioned by compliance with the Act. More...

Denham Constructions Project Company 810 Pty Ltd v Smithies and Stowe Australia Pty Ltd; Denham Constructions Project Company 810 Pty Ltd v Risgalla and Stowe Australia Pty Ltd [2014] ACTSC 169
BUILDING AND CONSTRUCTION – progress payments – filing arbitration certificate as judgment debt – security of costs – judicial review – whether proceedings should be stayed or dismissed for abuse of process or lack of utility - Building and Construction Industry (Security of Payment) Act 2009 (ACT) ss 25-27, 38, 43; Building and Construction Industry Security of Payment Act 1999 (NSW) s 25. More...

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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