In the media
Voluntary administrations set to rise as record numbers
of ASX companies face collapse
Recent research has shown that nearly a third of all ASX-listed
companies were close to insolvent in 2013, including more than half
of the smallest 500 and 28 per cent of medium companies. Those in
the energy and mining, consumer staples, industrials, health care
and utilities sectors were at greatest risk of collapse (26
September 2014).
More...
Green groups win time to challenge
dumping
Green groups have won more time to legally challenge plans to dump
dredge spoil from the Great Barrier Reef Marine Park on land. The
Mackay Conservation Group won more time in the Federal Court in
Brisbane to appeal any possible proposal, which the state
government is yet to outline (25 September 2014).
More...
Housing boom offsets collapse in mining
jobs
Last week's quarterly industry employment figures showed once
again that anyone hoping the export phase of the mining boom might
be an employment bonanza is sadly mistaken, but the housing boom
shows good signs of helping the transition towards the post-boom
economy. Building industry employment grew by 2.8% in the past year
(22 September 2014).
More...
Over 1 million with jobs: building and construction is
Australia's third largest employer
The latest Australian Bureau of Statistics (ABS) building and
construction employment data cements the building and construction
industry as the nation's third largest employer (24 September
2014).
More...
Energy Green Paper setting policy direction for an
energy superpower
The Australian Government has released an Energy Green Paper,
which sets a framework for the development of a coherent and
comprehensive blueprint that will allow Australia to take full
advantage of its natural strengths and consolidate its position as
an energy superpower (23 September 2014).
More...
Green Paper backs NSW and QLD energy
reform
The National Energy Green Paper adds substantial weight and
momentum toward the restructure and lease of remaining publicly
owned electricity assets, says Infrastructure Partnerships
Australia (23 September 2014).
More...
AECOM's Blue Book reveals trends disrupting
productivity across Australia's construction
sector
AECOM has released the 2014 edition of Blue Book – Property
& Construction Handbook, which contains insights from key
thought leaders on the disruptive trends that are impacting
productivity across the Australian, New Zealand and global
construction sectors (22 September 2014).
More...
MBA: Harper Review Draft Report Highlights Important
Reforms For The Building Industry
The Harper Review's draft recommendations to reform planning
and zoning processes needs further review given the major impact of
local government inefficiency on housing affordability, according
to the CEO of Master Builders Australia (22 September 2014).
More...
Australian gas exports to fast growing Asia markets on
target
With seven new liquefied natural gas (LNG) projects due for
completion between 2014 and 2018, Australia is set to become the
world's largest supplier of LNG ahead of Qatar before this
decade ends, according to the Oxford Institute for Energy Studies
(19 September 2014).
More...
Governments focus on growth and infrastructure:
G20
At the State and Territory Treasurers meeting in Cairns ahead of
the G20 meetings, the Treasurer outlined how the Commonwealth's
infrastructure investments, along with critical investments being
made by State Governments and the private sector, will catalyse
additional infrastructure investment across Australia in excess of
$125billion (19 September 2014).
More...
New South Wales
Boost for natural resource management
Minister for Primary Industries, Katrina Hodgkinson, and Minister
for the Environment, RobStokes, today announced a boost for natural
resource management with $79.5 millioncommitted over the next three
years (25 September 2014).
More...
NSW government puts unlicensed builders and tradies on
notice
NSW Fair Trading Minister has warned all home builders and
tradespeople to ensure they have a valid licence, following the
successful prosecution of unlicensed builder. As part of its
efforts to stamp out rogue operators, NSW Fair Trading has been
undertaking a series of on-site inspections to ensure traders and
builders are operating within the applicable legislation (17
September 2014).
More...
NSW Government to Review Building Certification
Laws
Assistant Minister for Planning Rob Stokes today announced the
appointment of former NSW Treasury Secretary, Michael Lambert, to
review the Building Professionals Act 2005 and continue to
reform the NSW planning system (12 September 2014).
More...
Queensland
Federal Government and Queensland at odds over major
infrastructure project
The Federal Government this week froze its $1.28 billion
commitment to the second Toowoomba range crossing, a 41km route
running from the Warrego Highway to the Gore Highway allowing
trucks to bypass Toowoomba. Warren Truss is seeking more
information from Queensland on the funding model for the second
Toowoomba crossing (26 September 2014).
More...
Railway Approved for Australia's Biggest Coal
Mine
The development of coal deposits in the Galilee Basin is set to
receive a major boost from the construction of a $2.2 billion
railway line to the Abbot Point port. Indian mining company Adani
plans for the $2.2 billion rail project to run 310 kilometres in
total along a 100 metre-wide corridor, possessing an annual
carrying capacity of 100-million tonnes (26 September 2014).
More...
Queenslanders staying safer at work
The Government has introduced Australia's most comprehensive
asbestos management plan, increased penalties for electrical safety
breaches, extended the Zero Harm at Work Leadership Program and had
undertaken a review of the current Act to ensure Queensland
workplaces were as safe as possible (24 September 2014).
More...
Industry welcomes the BCIPA changes
There are three key reforms that are strongly supported by Master
Builders, including the appointment of adjudicators by the
Queensland Building and Construction Commission (QBCC), a reduction
in the timeframes for making payment claims after the project has
been completed, and the introduction of a dual model for large and
complex claims in excess of $750,000 (16 September 2014).
More...
Victoria
Building Permit Audit
The Victorian Building Authority (VBA) has released findings of
its state-wide audit of building permit files, conducted to monitor
building surveyors' compliance with the Building Act 1993 and
the Building Regulations 2006. The findings from the audit provide
the VBA with a basis for ongoing monitoring of the building permit
system (25 September 2014).
More...
Victoria open for minerals exploration
The Victorian Coalition Government announced registrations of
interest are open for its innovative $15 million TARGET initiative
to boost minerals exploration in regional Victoria where it is
thought further discoveries of mineral sands copper, gold, zinc,
lead other base metals could be made (23 September 2014).
More...
Next step for Alphington Station Precinct
revitalisation
The revitalisation of the Alphington Station Precinct,
transforming it into a safer and more accessible place for
commuters and the local community, is one step closer, with
expressions of interest from private sector developers now being
sought, Minister for Public Transport Terry Mulder announced today
(18 September 2014).
More...
Victoria's building union crackdown reaches the next
level
In a significant development the Victorian government this week
imposed the first sanction against a construction firm for breach
of the Victorian Construction Code. The ban was imposed after
McConnell Dowell engaged a labour hire company with a CFMEU
construction union agreement after pressure from the union (18
September 2014).
More...
Exclusion sanction on McConnell Dowell
The Minister for Finance has issued a three month exclusion
sanction against McConnell Dowell Constructors (Aust) Pty Ltd
following an audit of the Springvale Level Crossing Removal
Project. The audit, conducted by the Construction Code Compliance
Unit (CCCU), found that McConnell Dowell breached the
Implementation Guidelines to the Victorian Code of Practice for the
Building and Construction Industry.
More...
Published – articles, papers, reports
Energy white paper – green paper
Department of Industry
This Green Paper proposes policy approaches intended to ensure
reliable and affordable energy that, when used productively,
supports business competitiveness, lowers the cost of living, and
grows exports. Submissions are invited from interested stakeholders
(23 September 2014).
More...
Labour Force, Australia, Detailed, Quarterly
2014
Australian Bureau of Statistics
The more steady trend measure saw a quarterly fall of 5.07%
– still the biggest such quarterly fall ever in the mining
industry – almost a full percentage point larger than the
falls that occurred in 2009 during the depths of the GFC. It added
up to an annual fall of 11% in seasonally adjusted terms and 7.96%
in trend terms – again both worse than what occurred during
the GFC (18 September 2014).
More...
Building Permit Audit: Summary of findings and
actions
The Victorian Building Authority (VBA)
The objective of the audit was to examine building permit files
held at council, and in some cases at the office of the relevant
building surveyor (RBS) (September 2014).
More...
Practice and courts
New Australian Standards
AS 2047-2014
Windows and external glazed doors in buildings Standards
Australia.
More...
NSW BCB: Written contracts: Civil Liability Act & PI
insurance
Certifiers: your professional indemnity insurance may be void if
you sign a contract that waives Part 4 of the Civil Liability Act
2002 (19 September 2014).
More...
NSW BPB: New case study: Determining number of storeys
and the Codes SEPP
This case highlights the importance of carefully considering the
relationship between partially overlapping storeys in a building,
to determine the overall number of storeys (19 September 2014).
More...
Reminder: City of Sydney draft hoardings and
scaffoldings policy and guidelines
The policy outlines minimum requirements for the design,
installation and maintenance for scaffolding in the city. The draft
policy is on exhibition until Wednesday 8 October 2014. For more
information, click
here.
NSW Updated Form - Home Building
Application
The NSW Civil and Administrative Tribunal (NCAT) has made released
form
Home building application (August 2014), which has been updated
to "clarify time limits that apply to certain home building
applications" (17 September 2014).
More...
QLD: Brisbane City Plan 2014 – Dwelling House
Code
The Dwelling House Code, which applies when assessing a material
change of use or building work where it is self-assessable,
assessable or impact development, and the code is applicable, has
had some recent changes (25 September 2014).
More...
Cases
Civil Mining & Construction Pty Ltd v Isaac
Regional Council [2014] QSC 231
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT
CLAIMS – where the applicant and respondent entered into a
contract for the construction of road works – where there was
an extensive history of disputes as to payments owed under the
contract - where the parties invoked the dispute resolution
provisions under the contract, including mediation and arbitration
– where the applicant made a payment claim under the
Building and Construction Industry Payments Act (Qld) 2004
(the Act) – whether the applicant can pursue its statutory
remedies under the Act concurrently with arbitration proceedings
– whether the claim is an abuse of process. More...
Murphy v State of Victoria & Anor [2014]
VSCA 236
INJUNCTION – Interim injunction – Application for
interim injunction pending hearing and determination of appeal from
separate trial of questions pursuant to Rule 47.04 of Supreme Court
(General Civil Procedure) Rules 2005 – Whether prospect of
final injunctive relief sufficient when balanced against potential
damage to respondents to warrant grant of interim injunction
– Whether refusal of interim injunction would render
proceeding nugatory – Paringa Mining & Exploration
Company Plc v North Flinders Mines Ltd [1988] HCA 53. Pending
our determination of the matter, the appellant seeks an interim
injunction to restrain the respondents proceeding further with the
motorway project the subject of the appeal, and in particular to
restrain the Crown in right of the State of Victoria from entering
into a contract with the successful tenderer for the construction
of the motorway as a tollway in public private partnership. More...
Tagget v McLean Austquip Pty Limited [2014]
NSWSC 1310
LOCAL COURT CIVIL CLAIM - appeal on questions of law - action for
work done and materials provided - whether claim contractual or
restitutionary - reasonableness of amount claimed
Builders' Licencing Act 1971; Local Court Act 2007.
More...
Mount Bruce Mining Pty Ltd v Wright Prospecting Pty
Ltd [2014] NSWCA 323
CONTRACTS - construction and interpretation of contracts -
appellant and respondents entered into written agreement whereby
rights to certain temporary reserves were divided - whether
royalties payable by appellant in respect of iron ore mined in
defined area - whether ore mined by entities deriving title to
relevant land through or under appellant - whether ore produced by
appellant in association with others; Mining Act 1904
(WA), ss 48, 276; Real Property Act 1900 (NSW), s
12A. More...
Melisavon Pty Ltd v Springfield Land Development
Corporation Pty Limited [2014] QCA 233
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND
– PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND
PREDECESSORS – SUMMARY JUDGMENT– where the appellant
appealed the decision of the learned primary judge dismissing an
application for summary judgment – where the appellant made
an application for summary judgment pursuant to r 293 of the
Uniform Civil Procedure Rules 1999 (Qld) – where the
respondent made a claim for damages for negligence – where by
operation of s 10 of the Limitation of Actions Act 1974
(Qld) the claim will be statute barred if the cause of action arose
prior to 16 June 2005 – where the respondent argued that
there were real issues of fact to be tried in the proceeding
– whether the appeal ought to be allowed. LIMITATION OF
ACTIONS – LIMITATION OF PARTICULAR ACTIONS – SIMPLE
CONTRACTS, QUASI-CONTRACTS AND TORTS – ACCRUAL OF CAUSE OF
ACTION AND WHEN TIME BEGINS TO RUN – TORTS – ACTIONS
AGAINST ARCHITECTS, ENGINEERS, BUILDERS AND RELATED PROFESSIONALS
– where the cause of action is founded on tort – where
the latent defect at the centre of the claim was the
appellant's negligently engineered design of the clubhouse
– when does time accrue – whether the learned primary
judge erred in finding that the limitation period did not commence
until the respondent "first became aware, or ought to have
become aware, that it had sustained loss because of the alleged
defective design" – whether the respondent's claim
in this proceeding is statute barred. More...
McNab Developments (Qld) Pty Ltd v MAK Construction
Services Pty Ltd & Ors [2014] QCA 232
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PAYMENTS – where the appellant was a
contractor and the first respondent was a subcontractor for a
building project – where the first respondent served a
payment claim on the appellant totalling $853,952.97 – where
the appellant contended that the subcontract had been terminated
due to the first respondent's default – where the first
respondent sought adjudication of its claim under the Building
and Construction Industry Payments Act 2004 (Qld) –
where the adjudication was heard by the third respondent –
where the third respondent decided that the appellant owed the
first respondent $241,441.20 – where the appellant claimed a
right to liquidated damages under the subcontract – where the
appellant's right to liquidated damages depended on the date
for practical completion – where the applicant filed an
application to the Supreme Court seeking to void the adjudication
or set it aside on a range of grounds – where the primary
judge dismissed the application – where the appellant
contends that the third respondent decided on a basis which the
parties had not addressed – whether there was a denial of
natural justice – whether the third respondent acted
unreasonably. CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – REMUNERATION – RECOVERY ON QUANTUM MERUIT
– IN GENERAL – where the respondent did not notify the
appellant of variation claims in accordance with the prescribed
notice form – whether progress payments are permissible under
common law or contract.
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PAYMENTS – where the third respondent allowed
a claim by the first respondent with respect to 15 day dockets
– where the appellants allege that the third respondent did
not engage in a proper evaluation of each claim – whether the
third respondent committed jurisdictional error with respect to the
day dockets. CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – REMUNERATION – STATUTORY REGULATION OF
ENTITLEMENT TO AND RECOVERY OF PAYMENTS – where the appellant
undertook rectification for defective works – where the
appellant issued backcharges – where the third respondent
omitted to consider one of the backcharges – whether the
validity of the determination overall has been impugned. More...
Waratah Coal Pty Ltd v Seeney & Anor [2014]
QSC 226
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GENERALLY
– where the applicant is a proponent of a coal mining project
in the Galilee Basin – where the applicant made an
application for approval of a rail corridor linked with its mining
project as an "infrastructure facility of significance"
– where this application was made under s 125(1)(f) of the
State Development and Public Works Organisation Act 1971
(Qld) ("the Act") – where the purpose of seeking
the declaration was to enable subsequent invocation of the
discretionary powers of compulsory acquisition under s 125 of the
Act - where the application was refused – where the decision
is amenable to review under Judicial Review Act 1991 (Qld)
– where the applicant submits that pursuant to the
Judicial Review Act 1991 (Qld) the decision should be
quashed or set aside, and referred back to the second respondent
for consideration and determination according to the law –
whether the decision to refuse approval of the rail line as an
"infrastructure facility of significance" under s
125(1)(f)(ii) of the Act was infected by error such as to render it
susceptible to judicial review. ADMINISTRATIVE LAW – JUDICIAL
REVIEW – GROUNDS OF REVIEW – FETTERING DISCRETION
– where the basis of the government's policy was that
there would be two rail corridors within which the powers of
compulsory acquisition would be considered for exercise –
where the applicant's proposed rail line lay outside the two
approved corridors – where the applicant contends that the
decision-maker allowed his discretion to be fettered by improperly
applying government policy – where the applicant further
contends that the decision-maker failed to have regard to the
merits of the application – whether the decision-maker gave
proper, genuine and realistic consideration to the merits of the
application and was ready to depart from government policy if the
merits of the application justified such a course. ADMINISTRATIVE
LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW –
IRRELEVANT CONSIDERATIONS – where the applicant submits that
the decision-maker took into account two irrelevant considerations
– where the first irrelevant consideration was that there was
an absence of approval for the applicant's facility under the
Environment Protection and Biodiversity Conservation Act
1999 (Cth) – where the second irrelevant consideration
was that the statement of reasons improperly took into account the
absence of settled arrangements for port facilities for the coal
project – whether the decision-maker wrongly took irrelevant
considerations into account. ADMINISTRATIVE LAW – JUDICIAL
REVIEW – GROUNDS OF REVIEW – RELEVANT CONSIDERATIONS
– where the applicant contends that the decision-maker failed
to take relevant considerations into account – where the
applicant submits that there were three relevant considerations
– where these considerations concerned the negative
comparable attributes of a rival proposed facility – whether
the decision-maker failed to take relevant considerations into
account. ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
OF REVIEW – UNREASONABLENESS – where the applicant
contends that the decision was infected by "Wednesbury"
unreasonableness – where the applicant submits that the
ultimate irrationality was due to the fact the decision-maker
proceeded on the basis that the government's policy was
immutable, that the absence of approval for the facility was taken
into account and that the decision the facility would not have the
requisite economic significance was irrational as the merits of the
rail line were not addressed – whether the decision was so
unreasonable that no reasonable person could have reached it. More...
Caltex Refineries (Qld) Pty Ltd & Anor v
Allstate Access (Australia) Pty Ltd & Ors [2014] QSC
223
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT
CLAIMS – where the first respondent agreed to supply the
applicants with scaffolding equipment – where the first
respondent alleged the applicants damaged the equipment –
where the first respondent made a payment claim pursuant to the
Building and Construction Industry Payments Act 2004 (Qld)
and the Building and Construction Industry Security of Payment
Act 1999 (NSW) – where the third respondent adjudicator
ordered the applicants pay the first respondent for the replacement
costs of the equipment – whether the amounts claimed were
payments for the supply of goods or for damages for breach of
contract – whether the adjudicator erred in the
interpretation of the contract – whether such an error is a
jurisdictional error. ESTOPPEL – ESTOPPEL BY JUDGMENT –
RES JUDICATA OR CAUSE OF ACTION ESTOPPEL – GENERALLY –
where the first respondent agreed to supply the applicants with
scaffolding equipment – where the first respondent alleged
the applicants damaged the equipment – where the first
respondent made a payment claim pursuant to the Building and
Construction Industry Payments Act 2004 (Qld) and the
Building and Construction Industry Security of Payment Act
1999 (NSW) – where the third respondent adjudicator
ordered the applicants pay the first respondent for the replacement
costs of the equipment – whether the adjudicator was bound by
an issue estoppel – whether the parties to the adjudication
were bound by a decision of a previous adjudicator. ADMINISTRATIVE
LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW –
PROCEDURAL FAIRNESS – GENERALLY – where the first
respondent agreed to supply the applicants with scaffolding
equipment – where the first respondent alleged the applicants
damaged the equipment – where the first respondent made a
payment claim pursuant to the Building and Construction
Industry Payments Act 2004 (Qld) and the Building and
Construction Industry Security of Payment Act 1999 (NSW)
– where the third respondent adjudicator ordered the
applicants pay the first respondent for the replacement costs of
the equipment - whether the adjudicator decided the dispute on a
basis for which neither party had contended – whether the
applicants were denied natural justice. More...
Legislation
Commonwealth
Minerals Resource Rent Tax Repeal and Other Measures
Commencement Proclamation 2014
This proclamation provides for the commencement of Schedules 1 to
5 of the Minerals Resource Rent Tax Repeal and Other Measures Act
2014 (22 September 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.
