Australia: Construction & Infrastructure - What's News - 28 October 2014

In the media

MBA endorses Government reforms to building safety regulations
Master Builders Australia (MBA) has endorsed the reforms announced by the Government to safety regulations applicable in the building and construction industry. The CEO of Master Builders Australia said that the reforms will reinforce the primacy of safety on building sites and lead to better safety outcomes (24 October 2014). More...

Product non-compliance endemic in construction industry
The percentage of waste on all construction projects is around 30 per cent, according to experts, and a major contributor is the poor quality and non-compliant construction products and materials plaguing the industry, according to the Australasian Procurement and Construction Council (23 October 2014). More...

How to achieve compliance for construction products: APCC releases guide
The Australasian Procurement and Construction Council (APCC) have launched a new guide to help the building and design industry better choose construction products that are compliant with the relevant codes and standards (22 October 2014). More...

Tenders for apprenticeship support network opened
The federal government has moved a step closer to implementing its apprenticeship overhaul, announced as part of its competitiveness agenda and aimed at increasing completion rates (22 October 2014). More...

Reforms Reinforce Primacy Of Safety On Building Sites
Reforms announced by the Government to rebalance and fine-tune safety regulations in the building and construction industry will lead to better safety outcomes. The changes to the Government's Building and Construction Work Health and Safety Accreditation Scheme will streamline regulatory requirements for builders with good safety records (22 October 2014). More...

Green Star - Design & As Built: Creating sustainable places for everyone
The new Green Star – Design & As Built rating tool will challenge industry to evolve, innovate and improve. Released yesterday by the Green Building Council of Australia (GBCA), "Green Star – Design & As Built represents the most significant advancement in sustainable design and construction since the Green Star launch in 2003 (21 October 2014). More...

Commercial Construction Recovers from GFC
Commercial construction has recovered to the highest level since the Global Financial Crisis (GFC) according to the latest national survey of the building and construction industry (21 October 2014). More...

Construction Suicides Cost Dollars as Well as Lives
While dollar figures pale in comparison to the impact of lives lost, suicidal behaviour among construction industry workers costs around $520 million per year in New South Wales and around $416 million per year in Queensland, according to a new report (14 October 2014). More...

New South Wales

$148 million local infrastructure renewal scheme set for third phase
The LIR Scheme encourages councils across NSW to focus on the maintenance and renewal of important existing infrastructure assets. The third round of the LIR scheme provides councils with a 3% interest subsidy on bank loans for up to 10 years (15 October 2014). More...


Council decision sends positive message to investors
The Property Council of Australia congratulates Townsville City Council for being the first local government in the State to commit to the Fair Value Infrastructure Charges Schedule. Included in the package of reforms is an option for councils to adopt the lower Fair Value Infrastructure Charges Schedule in exchange for access to a new pot of infrastructure funding from the State (15 October 2014). More...

ACCC to focus on sale of Queensland electricity assets
Electricity generation assets will be the Australian Competition and Consumer Commission's focus when the privatisation of Queensland electricity assets is triggered. The ACCC hopes that the Queensland government will use this opportunity to establish a competitive structure when privatising its generation assets (13 October 2014). More...


Mornington, Boroondara, Geelong top pool builders in the state
As Victoria moves into summer, new figures from the Victorian Building Authority (VBA) show that 10 municipalities account for almost half of the swimming pool and spa permits issued in Victoria in the past year. Having a safety fence or barrier around your swimming pool or spa is essential for safety (21 October 2014). More...

VBA reports record $25b building permit activity in first operational year
The Victorian Building Authority's (VBA) 2013-14 Annual Report was tabled in Victorian Parliament on 14 October 2014 and shows that the value of building permits reported reached a record $25.3 billion (14 October 2014). More... More...

VBA welcomes new Commissioner
The Victorian Building Authority (VBA) welcomes a new Commissioner to the Board. Mr Hutcheon joins a Board of seven Commissioners which is responsible for the governance and strategic management of the VBA to ensure its effectiveness as a regulator (14 October 2014). More...

Published – articles, papers, reports

Builders' liability to Owners Corporations: the recent High Court decision NSW Parliamentary Research Service. This e -brief provides a summary of the High Court decision and the stakeholder reaction to it. It also explores the possible relationship between the decision and the amendments to the Home Building Act 1989 which are about to come into force (October 2014). More...

Committee for Economic Development of Australia
Speech: 'Winning the future: the Australian Government's infrastructure vision'. Shangri-La Hotel Sydney, NSW, 16 October 2014 - determining Australia's infrastructure needs and how to address them. More...

BREE has published on 15 October 2014. More...

Practice and courts

APCC: Procurement of Construction Products
This includes detailed explanations of the regulatory environment, the standards and conformance process and bodies, and how to determine whether a product is fit for purpose. It also lists 12 principles to guide procurers on matters relating to the conformance of construction products, including ensuring that evidence of products meeting standards are demonstrated by a conformity assessment (October 2014). More...

NSW: Loose fill asbestos insulation Inquiry
This inquiry is a current Parliamentary inquiry conducted by the Asbestos Insulation Committee. The inquiry was established on 18 September 2014, to report on loose fill asbestos insulation, also referred to as 'Mr Fluffy' insulation, in homes in New South Wales. The Inquiry into Loose fill asbestos insulation closes 31 October. More...

QBCC: Minister's letter to licensees - legislative reforms
The letter announces a number of new building industry reforms relating to licence renewal, early dispute resolution, better protection for sub-contractors and new minimum financial requirements for licencing. These changes are part of the ongoing reforms to the building and construction industry being undertaken by the QBCC (17 October 2014). More...


Queensland Mining Corporation Ltd v Renshaw (No 3)[2014] FCA 1126
COSTS – Where successful plaintiff's breach contributed to need for recovery proceedings Corporations Act 2001 (Cth), ss 200B, 200J. More...

Eastland Truss & Timber Pty Limited v Matthew John Byrnes t/as Qualibuilt Constructions [2014] NSWSC 1461
The Summons is dismissed. BUILDING AND CONSTRUCTION - whether adjudicator complied with obligations under the Building and Construction Industry Security of Payment Act 1999 in making determination - whether jurisdictional error Building and Construction Industry Security of Payment Act 1999. More...

Douglas Aerospace v Indistri Engineering Albury [2014] NSWSC 1445
Summons dismissed with costs. BUILDING AND CONSTRUCTION - adjudication applications - whether there was a valid construction contract between the parties - where name in contract not the same as name on adjudication application - where invoices issued in a different name to the name in the construction contract - whether correct specification of ACN and ABN evidence an intention that the first defendant be "Contractor" to the construction contract - whether sufficient to show construction contract between the parties. BUILDING AND CONSTRUCTION - adjudication applications - whether first defendant gave plaintiff notice of intention to seek adjudication of the payment claim - where payment claim sent by facsimile transmission to facsimile number in contract - where facsimile transmission number in contract actually for a different company - where evidence that the plaintiff received s 17(2)(a) notice - whether sufficient evidence that letter sent to defendant asking them to no longer utilise the facsimile transmission number in the contract before notice was sent to that number - whether failure to give notice under s 17(2)(a) is jurisdictional error - application of s 17(2)(a) of the Building and Construction Industry Security of Payment Act 1999 (NSW). BUILDING AND CONSTRUCTION - adjudication applications - whether adjudication application served on plaintiff - whether service of adjudication application is jurisdictional - where respondent could not lodge adjudication response even if adjudication application were served - where adjudication application was received - application of s 17(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW). Building and Construction Industry Security of Payment Act 1999 (NSW). More...

Patrick Stevedores Operations No. 2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd [2014] NSWSC 1413
The first defendant pay the plaintiff's costs. BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - application for declarations that two adjudication determinations concerning same payment claim void - validity of payment claim - whether one-off payment due under contract after termination a "progress payment" capable of supporting a payment claim - whether reference date fixed by contract or s 8(2)(b) - effect of termination before contractual reference date arises - whether party entitled to withdraw adjudication application under s 26 and file new adjudication application - whether jurisdictional error where adjudicator failed to consider all claims and submissions - whether denial of natural justice where adjudicator decided matter on basis not put by either party. Building and Construction Industry Security of Payment Act 1999 (NSW), ss 4, 8, 9, 13, 21, 22, 26, 26A, 26B; Interpretation Act 1987 (NSW), s 6. More...

B & W Windows (Aluminium) Pty Ltd v Marcellos [2014] NSWLC 15
Dismissal of the plaintiff's claim CONTRACTS - assignability - unenforceable contract - claim in quantum meruit - unlicensed builder - work performed under supply and install contract - unlicensed builder sells assets to another - whether claim in quantum meruit assignable. More...



Responsible Mining (Protecting Land, Water and Communities) Bill 2014.

Newcastle Inner-City Rail Corridor Preservation Bill 2014.

Bills passed by both Houses of Parliament

Mine Subsidence Compensation Amendment Bill 2014.

Water Industry Competition Amendment (Review) Bill 2014.

Protection of the Environment Legislation Amendment Bill 2014.



Queensland Building and Construction Commission and Other Legislation Amendment Bill 2014
Introduced on 7/08/2014; Stage reached: PASSED with amendment on 16/10/2014 Exp Note.

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