In the media
National
Govt hands Infrastructure Australia
wishlist
The revamped Infrastructure Australia (IA) has been given a to-do
list from the federal government to complete within the next 12
months which includes driving private investment and financial
funding for infrastructure over the next decade and beyond (07
November 2014).
More...
Infrastructure Australia: clear reform,
investment
The first statement of expectations for the renewed Infrastructure
Australia provides public transparency and accountability for real
progress on policies and projects, said Infrastructure Partnerships
Australia (06 November 2014).
More...
2014Australian PCI ® Construction surge eases in
October
The National Construction Industry expanded for a fifth
consecutive month in October but its rate of growth eased from
September's record high, with the Australian Industry
Group/Housing Industry Association Australian Performance of
Construction Index falling 5.7 points to 53.4 (07 November 2014).
More...
PM announces union taskforce
A joint federal and Victorian police task force has been
established to crack down on widespread union corruption, violence
and organised crime connections inside the construction industry.
The move has been prompted by evidence given to the royal
commission into trade union corruption (31 October 2014).
More...
Cutting red tape through deregulation
policy
Today's annual Spring Repeal Day has focused on improving
growth and productivity by reducing compliance costs for industry.
The Australian Government has committed to a net reduction of $1
billion per annum in red tape (29 October 2014).
More...
Victoria
First contract awarded for $2.5b Melbourne rail
corridor
The Rail Transformation Consortium has been awarded the first
contract to deliver the Cranbourne Pakenham Rail Corridor Project
in Melbourne. The construction of the rail corridor is expected to
commence in 2015 (06 November 2014).
More...
East West Link design team appointed
Hyder and Parsons Brinckerhoff have been appointed as the design
team for the $6.8 billion East West Link. The first stage will be a
6.6 km, three lane road connecting the Eastern Freeway and CityLink
(6 November 2014).
More...
IBAC report finds $25 million in transport
infrastructure contracts to be corrupted
Victoria's anti-corruption commission is preparing a brief of
evidence for submission to the Office of Public Prosecutions, after
finalising its investigation into the corrupt handling of $25
million in government contracts (30 October 2014).
More...
New regulations for live music
An amendment to the Building Regulations 2006 sees changes made to
the requirements for small live music venues in Victoria. Building
Amendment (Live Music) Regulations 2014 were made, gazetted and
commenced on 29 October 2014 (30 October 2014).
More...
Update to approved plumbing training
units
The VBA has approved an updated list of plumbing training
competency units. Transitional arrangements have been included to
ensure that apprentices currently enrolled in training competencies
under the superseded list of approved units will not be
disadvantaged by these changes (28 October 2014).
More...
New South Wales
Plans for $490m Sydney intermodal
terminal
State and federal planning approval has been granted for a
proposed $490 million intermodal terminal and rail corridor. The
project will enable freight to be moved by rail between Port Botany
and Moorebank (07 November 2014).
More...
New M5 tunnels and Westconnex interchange moving
forward
A planning application has been lodged for the new M5 tunnels as
part of WestConnex Stage 2 in Western Sydney. The new tunnels will
double the capacity of the M5 East (04 November 2014).
More...
Queensland
Plumbers, drainers, pool inspectors join building
Commission
Plumbers, drainers and pool safety inspectors will be licensed by
the building industry regulator from 10 November, to reduce red
tape and the costs and burden for licensees. There were previously
different regulators for occupational (PIC) and contractor (QBCC)
licensing for the plumbing and drainage industry in Queensland (04
November 2014).
More...
QBCC Better payment outcomes discussion
paper
Calls for initiatives to boost better payment outcomes continue to
be raised by stakeholders in the building and construction
industry. This 'Better Payment Outcomes' Discussion Paper
outlines further reforms proposed for the Building and
Construction Industry Payments Act 2004 (BCIPA) (28 October
2014).
More...
Published – articles, papers, reports
Financing Impacts of amendments to the Renewable Energy
Target
Clean Energy Council
Examines the risks that are likely to arise should the
government's proposal to cut the target be implemented, and how
this would impact financial and contractual arrangements for
existing and future large-scale renewable energy projects (28
October 2014).
More...
Practice and courts
Statement of Expectations: Board of Infrastructure
Australia [07 November 2014]
For the period 1 November 2014 to 31 October 2015. The IA
comprehensive to-do list over the next 12 months outlines what the
organisation is to deliver:
- a national infrastructure audit by the end of this year (previously requested) and an audit of northern Australia by the end of 2014
- a rolling 15 year infrastructure plan by April 2015, to be updated every five years
- develop a 'top down 'priority list based on the 15 year plan and other IA research, ensuring a project is included based on assessed merit (including in relation to cost benefit analysis)
- evaluate infrastructure proposal assessments where federal funding in excess of $100 million is sought. More...
Mr Fluffy: Asbestos taskforce details compensation
scheme for Canberra homeowners (29 October 2014)
The ACT Asbestos Taskforce has given details of a new buyback and
demolition scheme. Participation in the buyback scheme is voluntary
and buyback offers for properties will be based on two independent
valuations. The buyback offer is open until June 2015. Interstate
firms will be invited to tender for the demolition program. More...
QBCC Better payment outcomes Discussion
Paper
Comment is invited on the paper and any additional ideas that you
feel will strengthen the payment outcomes for subcontractors.
More...
QLD: Changes to QBCC legislation (05 November
2014)
Changes to QBCC legislation were announced recently that will
impact the building and construction industry. Changes have been
made to the following sections:
Building disputes - commence 10 October 2014.
Financial reporting – commence 10 October 2014.
Domestic building contracts – commence 01 March 2015.
Statutory Home Warranty Insurance Scheme – commence 01 July 2014.
Demerit points and penalty points – commence 01 March 2015.
QLD: What the BCIPA changes mean for you
The Building and Construction Industry Payments Amendment Bill
2014 (the Bill) was passed on 11 September 2014 and expected to be
enacted on 24 November 2014 (commencement date) (05 November 2014).
More...
Changes to plumbing audits, inspections and technical
assistance
Thursday November 6 2014
The Victorian Building Authority (VBA) reminds licensed and
registered plumbers that from today 6 November 2014, the VBA will
be delivering the plumbing audit and inspection services.
More...
VBA: Practice Note 68 – 2014 – Small Live
Music Venue Classification
This provides guidance to practitioners, live music venue owners
and operators on the classification of small live music venues in
Victoria (30 October 2014).
More...
Cases
Ku-Ring-Gai Council v Ichor Constructions Pty
Ltd [2014] NSWSC 1534
The defendants be restrained from proceeding with adjudication
application of 27 August 2014. BUILDING AND CONSTRUCTION - first
adjudicator unable to assess defendant's delay damages claim on
evidence before him - whether an issue estoppel arose - whether
further adjudication application for same delay damages an abuse of
process; Building and Construction Industry Security of Payment
Act 1999. More...
Sunshine Coast Regional Council v Earthpro Pty Ltd
& Ors [2014] QSC 271
EQUITY – EQUITBALE REMEDIES – INJUNCTIONS –
INTERLOCUTORY INJUNCTIONS – RELEVANT CONSIDERATIONS –
BALANCE OF CONVENIENCE GENERALLY – where an adjudication
decision was made by the second respondent under the Building
and Construction Industry Payments Act 2004 (Qld) in favour of
the first respondent and against the applicant – where the
applicant has brought proceedings challenging the validity of the
adjudication decision – where the applicant seeks an
interlocutory injunction restraining the first respondent from
taking steps to enforce the adjudication decision pending the
determination of the principal proceedings – where the
applicant was prepared to pay moneys into court pending the
determination of the principal proceedings – where the
applicant submits that if the injunction were not granted there is
a risk that it would not be repaid if ultimately successful in the
principal proceedings – whether an injunction should be
granted. CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – REMUNERATION – STATUTORY REGULATION OF
ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS –
ADJUDICATION OF PAYMENT CLAIMS – where an adjudication
decision was made by the second respondent under the Building
and Construction Industry Payments Act 2004 (Qld) in favour of
the first respondent and against the applicant – where the
applicant has brought proceedings challenging the validity of the
adjudication decision – where the applicant seeks an
interlocutory injunction restraining the first respondent from
taking steps to enforce the adjudication decision pending the
determination of the principal proceedings – where the
intention of the Building and Construction Industry Payments
Act 2004 (Qld) is that an adjudication should have effect
unless and until an inconsistent decision is made by a court of
competent jurisdiction – whether in the circumstances of this
case the policy of the Act outweighs considerations regarding the
prospects of success or the balance of convenience. More...
J M Kelly (Project Builders) Pty Ltd v Toga
Development No. 31 Pty Ltd (No 6) [2014] QSC
262
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND
– PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND
PREDECESSORS – AMENDMENT – where the proceedings were
commenced over eight years ago – where two separate
proceedings were commenced by the defendant and consolidated with
the current proceedings – where a large number of allegations
and claims in the plaintiff's fourth further amended statement
of claim were struck out – where the proceedings were being
supervised – where there was a long history of non-compliance
by the plaintiff – where the defendant filed its defence and
counterclaim in April 2013 – where the plaintiff, for the
first time, alleged a liquidated damages clause was a penalty in
its reply and answer ("the penalty plea") – where
the plaintiff and defendant by counterclaim were seeking leave to
file and serve a fifth further amended statement of claim including
the penalty plea – where the plaintiff and defendant by
counterclaim were seeking leave to amend the penalty plea in the
reply and answer to avoid it being struck out – where the
defendant was seeking to strike out specific pleadings in the
statement of claim alleging they were inconsistent with prior court
rulings – whether the plaintiff and defendant by counterclaim
ought to have leave to amend the reply and answer and to file and
serve a fifth further amended statement of claim – whether
any pleadings in the statement of claim ought to be struck out as
being inconsistent with prior court ruling. More...
Newearth Constructions Pty Ltd v Scrohn Pty Ltd
[2014] VCC 1735
Building contract – Progress claim – Claim including
variations certified for payment by Superintendent's
representative – Contractual provision entitling principal to
suspend payments if contractor behind schedule – Principal
alleged the contractor was behind schedule and payments were
thereby suspended – Whether variations thereby not agreed and
not claimable as 'second class' variations – s.17
Building and Construction Industry Security of Payment Act
2002 (Vic). More...
ACN 092675164 (in liq) v National Builders Group Pty
Ltd [2014] VSC 530
PRACTICE AND PROCEDURE – Self-executing order in relation to
discovery – Affidavits of documents filed within time –
Affidavits deficient – Whether self-executing order should be
triggered – Legal principles in relation to inadequate steps
taken in purported compliance with a self-executing order –
Substantial deficiencies found – No bona fide attempt to
provide the required information - Self-executing order set aside -
Orders as to discovery enforcement made pursuant to s 56 of the
Civil Procedure Act 2010. More...
The Owners Units Plan No 1917 v Koundouris &
Anor [2014] ACTSC 269
BUILDING AND CONSTRUCTION – Statutory warranties under s 58C
of the Building Act 1972 (ACT) – whether entitlement
to sue upon them ends when they "expire". PRACTICE AND
PROCEDURE – Destruction of documents prior to commencement of
proceedings – test to be applied. LIMITATION OF ACTIONS
– Limitation Act 1985 (ACT) s 40 – latent
damage – whether confined to claims in tort or extends to
claims in contract. PRACTICE AND PROCEDURE – Security for
costs – body corporate established under the Unit Titles
(Management) Act 2011 (ACT) – late application for
security of costs – no reason to believe that the corporation
will be unable to pay the costs of the defendants. PLEADINGS
– Amended reply – whether amendments to reply going
beyond matters responsive to amendments to defence required leave
Building Act 1972 (ACT). More...
Legislation
Commonwealth
Renewable Energy (Electricity) Amendment (Solar Zones
and Other Measures) Regulation 2014
SLI No 155 - This regulation amends the Renewable Energy
(Electricity) Regulations 2001 to update solar zones and update
references to documentation and definitions following the passage
of the Clean Energy Legislation (Carbon Tax Repeal) Act 2014 (03
November 2014). More...
Ozone Protection and Synthetic Greenhouse Gas Management
Amendment Regulation 2014
SLI No 154 - This regulation amends the Ozone Protection and
Synthetic Greenhouse Gas Management Regulations 1995 to
provide for provisions relating to licensing, import, export,
manufacture, use and disposal of scheduled substances (03 November
2014). More...
Queensland
Acts as passed
No 55: Disaster Management and Another Act Amendment Act 2014 – 27 October 2014.
No 58: Queensland Plan Act 2014 – 27 October 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.