In the media
National Energy Efficient Building Report highlights
industry concerns with effectiveness of National Construction
Code
The National Energy Efficient Building Project (NEEBP), has
released the Phase 1 National Energy Efficient Building
Report this month, highlighting stakeholder concerns that
compliance with the National Construction Code's energy
performance requirements is generally poor, and that
Australia's energy performance is far from best practice.
More...
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Australia attracts $660 million in new offshore
exploration
Industry Minister Ian Macfarlane today announced the awarding of
seven new permits worth more than $660 million as part of Round 2
of the Australian Government's 2013 Offshore Petroleum
Exploration Acreage Release (17 December 2014).
More...
Coordinated and strategic" law breaking costs CFMEU
& organisers $205,100
The Federal Court's Justice White has penalised the CFMEU and
10 of its current and former officials a total of $205,100 for
illegal activity on four Adelaide construction sites, describing
their behavior as "coordinated and strategic" (15 January
2015).
More...
Expert warns not enough is being done to prevent risk of
cyberattack on critical infrastructure
Inadequate training and a culture of complacency among many owners
and operators of critical infrastructure are significantly raising
the risks of highly damaging cyberattack throughout the world (09
January 2015).
More...
Record Residential Approvals Building for a Resilient
2015
Strong ABS Building Approvals numbers recorded for November 2014,
support ongoing activity in the pipeline for new homes to provide a
much needed boost for housing supply and construction jobs, as we
move into 2015 (09 January 2015).
More...
Construction weakens in December
The construction sector remained in contraction for the second
consecutive month in December, compounding fears over the state of
the broader Australian economy. The Australian Industry Group and
Housing Industry Association's Performance of Construction
Index dropped one point to 44.4 in December from 45.4 in November
(09 January 2015).
More...
Construction Employment Surges to Record
Highs
Even as the general economy slows, employment levels within the
construction industry in Australia have soared to record highs. On
a seasonally adjusted basis, the overall number of people employed
throughout the sector in the three months to November rose by 6,600
(0.63 per cent) from 1.048 million to 1.0546 million (07 January
2015).
More...
Resources and energy earnings to decline in
2014-15
Australia's resources and energy commodity export earnings are
forecast to decline by 10 per cent in 2014-15 to $176 billion
according to the Resources and Energy Quarterly–December
Quarter 2014, released today by the Department of Industry (22
December 2014).
More...
New South Wales
Infrastructure priority on India-NSW
agenda
The NSW government has big plans for infrastructure and other
engineering industries in strengthening its relationship with India
by smoothing the way for project collaboration and investment.
According to the Baird government, India plans to build around US$1
trillion of infrastructure by 2017, making it an attractive partner
for the state (16 January 2015).
More...
NorthConnex motorway construction begins
Construction of the $3 billion NorthConnex motorway in Sydney
begins in February. The conditions of approval include a visibility
standard which has never existed in NSW before. NorthConnex will
operate in line with world's best standards and can be
reassessed by the Department of Planning every 5 years (16 January
2015).
More...
Delivering WestConnex: M4 Widening work approved to
start
With planning approval now granted, preparatory work will begin
along the corridor later this month. The Rizzani De Eccher Leighton
joint venture has been contracted to design and construct the 7.5
kilometre project, due for completion in early 2017 (09 January
2015).
More...
Approval granted for Bankstown Airport Master
Plan
Today Deputy Prime Minister and Minister for Infrastructure and
Regional Development Warren Truss announced his approval of the
Bankstown Airport's 2014 Master Plan (05 January 2015).
More...
Sale of Colongra Power Station in NSW
Treasurer Andrew Constance today announced the NSW Government has
agreed to sell Delta Electricity's gas-fired Colongra power
station to Snowy Hydro for $234 million. As a result of the
transaction, the $90 million liability associated with the Colongra
gas lateral pipeline lease is also removed from Delta's balance
sheet (29 December 2014).
More...
Queensland
Coastal engineers concerned at instructions to Moreton
Bay Council on sea level rise
An expert group within peak engineering body Engineers Australia
has today questioned the basis for a recent decision by the
Queensland Minister for State Development, Infrastructure and
Planning, Jeff Seeney, to order Moreton Bay Council to remove all
references to climate change induced sea level rise in its regional
plan (06 January 2015).
More...
First plans for Queen's Wharf
Brisbane
Deputy Premier and Minister for State Development, Infrastructure
and Planning has revealed the design concepts submitted by two
major consortiums competing for the multi-billion dollar Brisbane
Queen's Wharf Integrated Resort Development (22 December 2014).
More...
Victoria
Spike in dodgy tradesmen targeting elderly, disabled,
Victorian Government warns
Victorians are being urged to report unsolicited approaches from
trade workers, after a spike in the number of con artists operating
across the state (14 January 2015).
More...
Building surveyor fined for unpaid building permit
levies
A building surveyor has been penalised more than $23,000 after he
was found guilty of 17 charges relating to various sites in suburbs
including Prahran, Ivanhoe and West Preston, after he failed to
submit details of the building permits he had issued over a
two-year period, and did not pass on the associated building permit
levies to the VBA (22 December 2014).
More...
Victorian Construction Forecasts
The latest construction forecasts for all states and territories
have been released by the Australian Construction Industry Forum.
In Victoria, residential building is the dominant sector of
activity, with a slight downturn in spending projected for 2014-15,
with marginal growth predicted in the two years following (18
December 2014).
More...
Published – articles, papers, reports
Building and construction insolvency - some recent
developments
Michael Murray, ARITA, Jan 07, 2015
There is a Senate inquiry into insolvencies in the building and
construction industry; the NSW government is proposing new laws to
protect subcontractors and others in construction company failures;
and various reports and other inquiries touch upon the issues in
this industry, including unlawful phoenix activity.
More...
Resources and energy earnings to decline in
2014-15
Australia's resources and energy commodity export earnings are
forecast to decline by 10 per cent in 2014-15 to $176 billion
according to the Resources and Energy Quarterly–December
Quarter 2014, released today by the Department of Industry (22
December 2014).
More...
Resources and Energy Quarterly December 2014 (PDF 1.2MB)
December 2014 Resources and Energy Quarterly has been released
Australian Bureau of Statistics releases January 2015
Building Activity, Australia, Sep 2014 (cat no. 8752.0) –
15 January 2015
Construction Activity: Chain Volume Measures, Australia, Sep
2014 (cat no. 8782.0.65.001) – 15 January 2015
Engineering Construction Activity, Australia, Sep 2014 (cat no.
8762.0) – 14 January 2015
Practice and courts
Safework Australia: Construction Information
Sheets
The following Information Sheets provide guidance for persons
conducting a business or undertaking (PCBUs) on managing risks at
construction workplaces.
Construction work – Work of a minor nature– provides general guidance on what might be considered 'work of a minor nature' and is therefore not covered by Chapter 6 of the Work Health and Safety Regulations when testing, maintaining or repairing a building or structure.
Workplace induction for construction workplaces – provides general guidance on what should be included in workplace specific induction training and task specific training for construction work.
Safe work method statement for high risk construction work – provides general guidance on the function, content and application of safe work method statements (SWMS) that are required for high risk construction work (18 December 2014). More...
Construction Site Safety Guides 2014/15
Released
Latest edition of the QLD and NSW Construction Site Safety Guide
– distributed free of charge - is a great go-to for keeping
your construction site free from harm (28 December 2014).
More...
Dispute resolution
Australasia's two largest membership organisations for ADR
practitioners, LEADR and the Institute of Arbitrators and Mediators
Australia (IAMA) made the historic decision to become a single
entity. The members of both organisations voted overwhelmingly to
proceed to a single, integrated body on 1 January 2015.
More...
NSW Fair Trading: Tougher home building laws
commence
From today, builders and traders face up to 12 months in prison if
they are repeat offenders of unlicensed contracting work or
don't have the required insurance. New laws include changes to
licensing to modernise industry practices in NSW, in accordance
with other jurisdictions (15 January 2015).
More...
NSW BPB: December 2014 e-news
The e-news is a monthly digest of work by the Board, legislative
updates, events, training and consultation opportunities (17
December 2014). More...
QLD Building and Plumbing Newsflash No 537: A revised
version of Queensland Development Code Mandatory Part
1.4—Building over or near relevant infrastructure (MP
1.4)
The revised version will commence on 15 December 2014.
More...
Cases
BHP Billiton Minerals Pty Ltd v Maritime Union of
Australia [2014] FCA 1357
INDUSTRIAL LAW – unlawful industrial action – where
respondents instigated unlawful industrial action by members of the
first respondent – where unlawful industrial action caused
disruption to the applicant's business and resulted in
commercial losses – where parties agreed on liability of the
respondents – determination of appropriate penalty –
whether unlawful industrial action was a worst possible case
justifying maximum penalty. Corporations Act 2001(Cth), s
50. The respondents pay to the applicant damages in the amount of
$1,000,000 as provided in Order 7. More...
Omega House Pty Ltd v Khouzame [2014] NSWSC
1837
Declare that the adjudication determination made by the second
defendant on 16 September 2014 is void. BUILDING AND CONSTRUCTION -
Building and Construction Industry Security of Payment Act
1999 (NSW) - payment claim made after termination of contract
- claim seeking retention moneys and other amounts - whether
payment claim valid - whether reference date available for claim -
whether contract provides that reference dates cease on
termination. Building and Construction Industry Security of
Payment Act 1999 (NSW) ss 8, 13. Corporations Act
2001 (Cth) s 491.
More...
The Owners - Strata Plan No 68372 v Allianz
Australia Insurance Limited [2014] NSWSC 1807
BUILDING AND CONSTRUCTION - adoption of referee's report -
UCPR, r 20.24 - application of parties opposing adoption of
referee's report on certain matters - whether third defendant
developer a "developer" under Home Building Act
1989 (NSW), s 3A and thus liable to plaintiff owners
corporation under s 18C for contractor's breach of s 18B
implied warranties - whether claim brought under s 18C an
apportionable claim - whether referee erred in selecting cheaper
option for rectification of laundry waste defects - where referee
applied relevant Australian Standard but failed to consider
compliance with contractual specification - where insistence on
contractual compliance not unreasonable - Bellgrove v
Eldrige and Tabcorp Holdings Ltd v Bowen Investments Pty
Ltd - whether plaintiff failed to mitigate its loss by
pursuing claim against second defendant insurer diligently -
whether third defendant entitled to indemnity from first defendant
insurer - whether certain defects due to design default and thus
excluded from cover by terms of insurance policy - where multiple
causes of damage and not all causes covered by insurance policy -
Wayne Tank principle. BUILDING AND CONSTRUCTION - adoption of
referee's report - where issue before referee raised questions
of law, court to consider the issue afresh - whether developer able
to be held liable under s 18C where contractor not in breach of s
18B implied warranties - whether defect within scope of
contractor's duty. Civil Liability Act 2002 (NSW), Pt
4, ss 34, 35; Home Building Act 1989 (NSW), ss 3, 3A, 18B,
18C.
More...
Jakeman Constructions Pty Ltd v Boshoff [2014]
QCA 354
PROCEDURE – JUDGMENTS AND ORDERS – IN GENERAL –
STATEMENT OF REASONS FOR DECISION – where the respondent sued
the applicant for damages for "wrongful dismissal" and
"breach of contract of employment" and applied for
summary judgment – where the primary judge gave summary
judgment for the respondent's claim for "wrongful
dismissal" – whether the primary judge gave adequate
reasons for giving summary judgment PROCEDURE – INFERIOR
COURTS – QUEENSLAND – DISTRICT COURTS CIVIL
JURISDICTION – PRACTICE – PROCEDURE BEFORE TRIAL
– DISPOSITION WITHOUT TRIAL – where the respondent sued
for "wrongful dismissal" and was granted summary judgment
– where there will be a trial for the respondent's
remaining claims for relief – where the applicant employer
had dismissed the respondent with four weeks pay in lieu of notice
– where the applicant argues the fixed term employment
contract had been previously varied to permit this, which gave rise
to an arguable defence to the part of the claim for which summary
judgment was granted – whether the applicant had no real
prospects of successfully defending that part of the claim –
whether there was no need for a trial of that part of the claim.
EMPLOYMENT LAW – CONTRACT OF SERVICE – VARIATION OF
CONTRACT – where the respondent had pleaded he had been
wrongfully dismissed, but had not pleaded that he had accepted the
dismissal as a repudiation and elected to terminate the employment
contract – whether the statement of claim required amendment.
More...
CFMEU v Boral Resources (Vic) Pty Ltd & Ors
[2014] VSCA 348
TORT – Common law of Australia – Intimidation –
Existence of tort established by 1971 appellate decision –
Whether still good law – Whether decision overtaken by
subsequent decisions of High Court and House of Lords –
Whether tort subsumed in broader tort of unlawful interference with
business – No reason to doubt correctness of decision –
Sid Ross Agency Pty Ltd v Actors & Announcers Equity
Association [1971] 1 NSWLR 76 applied – Northern
Territory v Mengel [1995] HCA 65; (1995) 185 CLR 307, OBG
Ltd v Allan [2007] UKHL 21; [2008] 1 AC 1 considered –
Appeal dismissed. More...
BHP v Steuler; Protec v Steuler [2014] VSCA
338
TRADE PRACTICES – Misleading and deceptive conduct –
Whether manufacturer made representation to purchaser that a high
density polyethelene product was suitable for use as a long term
containment liner for concrete solvent extraction tanks at mine
– Pre-existing choice of product – Whether any reliance
– Whether representation misleading or deceptive –
Whether any misleading conduct caused loss – Proof of
alternative transaction – Whether fire requiring replacement
of liner was a supervening event – Method of assessing
damages – Gates v City Mutual Life Assurance Society
Ltd (1986) 160 CLR 1, Marks v GIO Australia Holdings Ltd
[1998] HCA 69; (1998) 196 CLR 494, applied – Henville v
Walker [2001] HCA 52; (2001) 206 CLR 459, Abigroup
Contractors Pty Ltd v Sydney Catchment Authority [No 3] [2006]
NSWCA 282; (2006) 67 NSWLR 341, distinguished – Trade
Practices Act 1974 (Cth), ss 52 and 82. SETTLEMENT –
Whether settlement of proceedings between mine owner and installer
of the liner was objectively reasonable – Absence of evidence
from lawyers – Whether trial judge was obliged to assess for
himself whether the settlement sum was reasonable – Lack of
proof of elements of cause of action compromised – Unity
Insurance Brokers Pty Ltd v Rocco Pezzano Pty Ltd [1998] HCA
38; (1998) 192 CLR 603, BNP Paribus v Pacific Carriers Ltd
[2005] NSWCA 72, applied. CONTRACT – On-site Service
Agreement for installation of the liner – Whether trial
conducted without distinguishing between different Protec entities
– Whether reliance by installer on any misrepresentation by
manufacturer when entering the On-site Service Agreement –
Whether agreement contained warranty about suitability of the
liner. More...
Dura (Australia) Constructions Pty Ltd v Hue
Boutique Living Pty Ltd (No 5) [2014] VSC 400
PRACTICE AND PROCEDURE – Overarching obligation not to make
a claim or a response to a claim without a proper basis –
Whether breached by solicitor for losing party – Liability of
solicitor for wasted costs – Requirement that solicitor's
conduct be unreasonable – Briefing of experts –
Preparation of witness statements – Investigation of factual
basis for a claim - Discretionary considerations in wasted costs
jurisdiction – Discretionary considerations under s 29
Civil Procedure Act – Whether solicitor entitled to
benefit of a doubt because claims of client legal privilege not
waived – Whether relevant privileged communication
established – ss 18, 22, 23, 29, 42 Civil Procedure Act
2010 (Vic) – r 63.23 Supreme Court (General Civil
Procedure) Rules 2005. LEGAL PRACTITIONERS – Overarching
obligation not to make a claim or a response to a claim without a
proper basis – Whether breached by solicitor for losing party
– Liability of solicitor for wasted costs – Requirement
that solicitor's conduct be unreasonable – Briefing of
experts – Preparation of witness statements –
Investigation of factual basis for a claim – Discretionary
considerations in wasted costs jurisdiction – Discretionary
considerations under s 29 Civil Procedure Act –
Whether solicitor entitled to benefit of a doubt because claims of
client legal privilege not waived – Whether relevant
privileged communication established – ss 18, 22, 23, 29, 42
Civil Procedure Act 2010 (Vic) – r 63.23 Supreme
Court (General Civil Procedure) Rules, 2005. More...
Ruckschloss v Simmons and Anor [2014] ACTSC
340
ADMINISTRATIVE LAW – Appeals from Administrative Authorities
– separate question – whether construction occupations
registrar can impose conditions on licensed building surveyors
relating to acceptance of advice from engineers or from a named
engineer.
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES
– In General and Right of Appeal – appeal from
interlocutory decision of Master answering a separate question
– appeal lies to single Judge – Master's reasoning
not shown to have been erroneous – Master's answer to
question not shown to be wrong – appeal dismissed. STATUTES
– ACTS OF PARLIAMENT – Operation and Effect of statutes
– Construction Occupations (Licensing) Act 2004
(ACT) – separate question – whether there is power
under s 21 of the Act to impose conditions on the licences of
building surveyors relating to engineers. More...
Legislation
Commonwealth
Queensland
Subordinate legislation as made, 19 December 2014
Substantial changes to the planning, environment and property landscape were listed on 19 December 2014. More...
No 329 Coastal Protection and Management Amendment
Regulation (No. 2) 2014
No 330 Coastal Protection and Management Amendment Regulation
(No. 3) 2014
No 332 Petroleum and Gas (Production and Safety) Amendment
Regulation (No. 3) 2014
No 334 Water and Other Legislation Amendment Regulation (No.
1) 2014
No 340 National Gas (Queensland) Regulation 2014
No 341 Housing Amendment Regulation (No. 3) 2014.
More...
Subordinate legislation as made No 332 –
19 December 2014.
More...
Amends the Petroleum and Gas (Production and Safety) Act 2004
– new 6AA Substances prescribed for Act, s 402; Replacement
of s 54AA (Operator to ensure drilling rig workers meet competency
requirements) effective 01 January 2015 and Amendment of sch 9
(Fees).
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.