Australia: Construction & Infrastructure - What's News - 4 August 2014

In the media


MBA: Growth in Building Approvals to continue despite June Fall
The underlying strength in building approvals continues and should help sustain growth in residential building despite the 5 per cent seasonally adjusted fall in the building approvals for June (31 July 2014). More...

Call to rein in union entry rights
Builders have called for sweeping nationwide restrictions on unions entering construction sites, including forcing officials to give 24 hours' notice "in all circumstances'' before they can walk on to projects for safety reasons, with Queensland changes to right of entry laws (01 August 2014). More...

MBA: Impact of carbon tax repeal overstated
Despite contrary commentary from a variety of punters, Master Builders does not believe the repeal of the carbon tax will result in an immediate reduction in the cost of new homes, with the true impact of the tax repeal difficult to predict because of a range of influencing factors (25 July 2014). More...

Inaugural Global Investment Forum (P20) future plans
The GIF will build on the recommendations coming out of the current round of B20 and G20 meetings to develop an action plan that will deliver to governments the basic requirements of long-term investors for successful capital-raising for infrastructure and other long-term investments (24 July 2014). More...


Practical reforms for building in bushfire areas
Changes to Victoria's bushfire planning regulations were introduced giving greater certainty to residents and landowners in bushfire designated areas. The reforms allow alternative safety measures and sensible safety regulations to be considered, which may enable people to reduce their defendable space and build to a lower Bushfire Attack Level (31 July 2014). More... More...

$500m Bundoora project is delivering Plan Melbourne
Minister for Planning Matthew Guy today opened a new $500 million residential and retail hub in Bundoora, one of three major redevelopment projects in the housing hot spot (31 July 2014). More...

Coalition's Regional Growth Plan for Hume region will build industry, tourism, freight
The diversity of the Hume region will contribute to Victoria's strong regional and economic growth, under a long-term vision for the region released by the Government (23 July 2014). More...

Coalition Government commences major projects tender process
Treasurer Michael O'Brien and Minister for Roads and Public Transport Terry Mulder have called for engineering and planning tenders on the Melbourne Rail Link and the Western section of the East West Link projects (23 July 2014). More...

New South Wales

New Port terminal to drive economic growth
NSW Premier Mike Baird has officially opened Sydney's third container terminal at Port Botany – an investment that will boost NSW's competitiveness in global trade and drive economic growth. Sydney International Container Terminals (SICTL) has invested more than $300 million in the facility (25 July 2014). More...

Growth councils receive $25.5 million infrastructure boost
Minister for Planning Pru Goward was joined by the Members for Hawkesbury, Baulkham Hills, Riverstone and Londonderry to announce over $25 million in infrastructure funding for local councils in these areas (23 July 2014). More...


$1.5 million to support resource exploration and jobs
Sixteen resource companies will be helped to unlock Queensland's mineral wealth and create jobs with a $1.5 million in collaborative drilling grants announced by the Newman Government. The successful exploration projects will focus on gold, copper-gold, zinc-lead-silver, uranium and coal deposits in greenfield and brownfield regions of Queensland (01 August 2014). More...

Government approves Australia's largest coal mine project
After undertaking a thorough assessment and consideration under national environment law, the Federal Government has approved the Carmichael Coal Mine and Rail Infrastructure project, which will have a resource value of $5 billion per annum over 60 years. It will generate an estimated 2475 construction jobs and a further 3920 jobs during the operations phase (28 July 2014). More...

Royal commission will hear evidence on construction business in Queensland
Major construction firms in Queensland have been called to give evidence at the royal commission into trade union governance and corruption on Brisbane on 04 August (01 July 2014). More...

Published – articles, papers, reports

Will we let the sun shine in? Trends in the Australian solar industry
Matt Grudnoff, Richard Denniss, The Australia Institute
This paper provides a brief overview of the size, growth and prospects for the Australian solar industry and argues that as the number of solar panels installed continues to rise, the cost of installation and maintenance will continue to fall (28 July 2014). More...

Modifications to standard forms of contract: the impact on readability
Author: Raufdeen Rameezdeen, Anushi Rodrigo, Australasian Journal of Construction Economics and Building, Vol 14, No 2 2014. 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...

NSW: Home Building Regulation 2014 - comments close 15 August 2014
Comments are invited to help improve the laws for residential building work and specialist trades. The draft Regulation outlines proposed changes for insurance, licensing and fees, among other updates to boost the industry and protect consumers. These support recent changes to the Home Building Act 1989 Read the draft Regulation and Regulatory Impact Statement, and find out how you can take part on the NSW Fair Trading website (28 July 2014).

NSW BPB: EPA Regulation and fire safety requirements
New obligations for certifiers where fire safety development affects an existing building came into effect on 18 July 2014. Amendments to the Environmental Planning and Assessment Regulation 2000 affect class 1b-9 buildings (not class 1a or 10 buildings). More...

VIC: Practical reforms for building in bushfire areas
Changes to Victoria's bushfire planning provisions were introduced today giving greater certainty to residents and landowners in bushfire designated areas. See information about the changes introduced by Amendment VC109 (31 July 2014). More...

VWA: Safety Alert: Danger of freestanding masonry walls
Advice for employers (and others) on managing risks associated with freestanding masonry walls on construction sites. Unstable or inadequately braced masonry walls expose workers and members of the public to a risk of death or serious injury (July 2014). More...


Downer EDI Engineering v Taralga Wind Farm Nominees No.2 [2014] NSWSC 971
Accept defendant's undertaking not to dissipate its assets. Order disclosure of trust assets and documents. PROCEDURE - Application for freezing order in relation to judgment debt - whether to make freezing order where judgment debtor failed to provide financial information or to give undertaking not to dissipate assets - whether to make freezing order where balance of convenience considerations. Uniform Civil Procedure Rules 2005 (NSW). More...

Wiggins Island Coal Export Terminal Pty Ltd v Sun Engineering (Qld) Pty Ltd & Anor [2014] QSC 170
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – RELEVANT CONSIDERATIONS – BALANCE OF CONVENIENCE GENERALLY – where the applicant is seeking to stay an adjudicator's decision made under BCIPA that required it to pay monies to the respondent - where the monies are currently being held in Court – where the respondent conceded that a "prima facie" case had been shown by the applicant – where the main issue turned on the balance of convenience – where the applicant submitted that it doubted the respondents financial capacity – where the applicant submitted it should not bear the risk that the respondent would be able to repay the monies the applicant is successful in the final hearing – where the respondent submitted that as a matter of policy under BCIPA the adjudicated amount should be paid to it – whether the applicant should bear the risk that if it is successful in the final hearing the respondent would be unable to repay the monies. CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where an adjudicator's decision was made in favour of the respondents – where the applicant will challenge the validity of the adjudicator's decision at a further hearing – where the applicant will argue that due to jurisdictional error the adjudicator's decision is void – where the applicant submits that the payment to the respondent should be stayed until the final determination – whether as a matter of statutory policy the applicant carries the risk that monies paid under an adjudicator's decision may not be refunded if the adjudicator's decision is void. More...

McConnell Dowell Constructors (Aust) P/L & Anor v QCLNG Pipeline P/L [2014] QSC 157
ARBITRATION – AWARD – APPEAL OR JUDICIAL REVIEW – GROUNDS FOR REMITTING OR SETTING ASIDE – ERROR OF LAW – where applicants challenged findings as to the proper constructions of the contract and causation made by the majority in the arbitral award – where, even if successful on some grounds, it is unlikely that a different substantive outcome would be reached on an appeal on a question of law – whether particular grounds were a question of fact or law – whether leave to appeal should be granted. CONTRACTS – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – CONDITIONS – where arbitral tribunal held that the applicants could not recover for the respondent's breach of contract because their own breach precluded recovery – where the obligations required one party to obtain certain authorisations and the other to give "every assistance" – whether these respective obligations were "mutually dependent and concurrent conditions". ARBITRATION – AWARD – APPEAL OR JUDICIAL REVIEW – GROUNDS FOR REMITTING OR SETTING ASIDE – ERROR OF LAW – CONSTRUCTION OF CONTRACT – where the applicants argued that their recovery of damages for the respondent's breach was not precluded because their own breach was a concurrent cause of their loss – where the respondent's breach involved a failure to obtain approvals so that work could commence – whether a question of fact or law. ARBITRATION – AWARD – APPEAL OR JUDICIAL REVIEW – GROUNDS FOR REMITTING OR SETTING ASIDE – ERROR OF LAW – where some potential errors of law in the arbitral award were identified – where the essential reasoning is likely to be sound – whether leave to appeal should be granted. More...

MJ Arthurs Pty Ltd v Heaysman & Anor [2014] QDC 160
CONTRACT – Offer and acceptance – need for communication of acceptance – whether made to authorised agent of offeror – when effectively made. PRINCIPAL AND AGENT – Authority of agent – whether third party agent – scope of authority of agent to receive communications on behalf of principal – no implied authority. BUILDING AND ENGINEERING CONTRACTS – Statutory regulation – obligation to provide copy – whether and when performed – right to withdraw – when arising – whether exercised. More...

Queensland Building and Construction Commission v Watkins [2014] QCA 172
PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE SCHEME – where the appellant sought summary judgment against the respondent in relation to a sum of money said to be payable under the Queensland Building Services Authority Act 1991 (Qld) – where the respondent then applied to the Queensland Civil and Administrative Tribunal challenging the appellant's approval of an insurance claim against the respondent – where this application was brought outside of the statutory time limit – whether QCAT has the power to extend the time in which to make such an application – whether summary judgment should have been granted. Hope v Brisbane City Council [2013] QCA 198, considered Lange v Queensland Building Services Authority [2012] 2 Qd R 457; [2011] QCA 58, cited Mahony v Queensland Building Services Authority [2013] QCA 323, followed McKain v RW Miller & Co (SA) Pty Ltd (1991) 174 CLR 1; [1991] HCA 56, considered Namour v Queensland Building Services Authority [2014] QCA 72, considered Queensland Building Services Authority v Orenshaw & Anor [2012] QSC 241, cited Watkins v Queensland Building Services Authority [2013] QCAT 535, related. More...

United Airport Parking Pty Ltd v TMA Tech Pty Ltd [2014] VSC 343
INJUNCTIONS – Ex parte interlocutory injunction – Obligations under commercial contract – Non-disclosure of material facts – De novo application for new interlocutory injunction – More limited interlocutory injunction granted – Disputed sum to be paid into court. The plaintiffs contend that in September 2012 they engaged the defendant to create, install and maintain the technical system that operates the car park, including the boom gate. Payment was to be $256,300 of which half has been paid and, as I understand it, the sum of $128,150 remains owing. More...



New South Wales

Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Mining and Petroleum Development) Regulation 2014 (2014-463) — published LW 25 July 2014.

Environmental Planning Instruments
State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment 2014 (2014-467) — published LW 25 July 2014.



State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Bill 2014. Introduced by: J W Seeney MP on 3/06/2014
Stage reached: Report from Committee on 28/07/2014.

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions