In the media
Infrastructure Australia: Australia's infrastructure
must face the challenges of growth
Australia's productivity and quality of life will be tested,
with population and economic growth set to cause increasing
congestion and bottlenecks, according to the nation's
first-ever comprehensive infrastructure audit (22 May 2015).
More...
Roads to Recovery: Local governments get another $135
million today
The final 2014-15 quarterly instalment of the Australian
Government's $2.1 billion Roads to Recovery programme is being
paid to 354 local governments across Australia today.
'Today's payments bring the amount paid to local
governments in 2014-15 under the Roads to Recovery programme to
$321.7 million (21 May 2015).
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Record housing construction forecast to continue for
F2016
New analysis of key residential development market indicators
released this May points to continued record levels of housing
construction into the 2016 financial year (21 May 2015).
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Plans for $700m Gladstone oil refinery
revealed
Plans are being drawn up to build Australia's first major oil
refinery in 50 years in central Queensland. The United States based
Eagle Ford Oil and Gas Corporation and Australia's Casper
Energy will jointly develop the $700 million project near Gladstone
(19 May 2015).
More...
New tools for BIM and PTI
New tools to help the industry get the best from Building
Information Modelling and Project Team Integration are about to be
released. The tools come after more than 12 months of work by the
ACIF/APCC BIM Summit and its dedicated working groups (18 May
2015). More...
Governments Should Take Infrastructure Audit as a
Warning
The Australian Infrastructure Audit Report provides a stark
warning for governments to start improving investment in urban
infrastructure, or face the consequences, says the Urban
Development Institute of Australia (22 May 2015).
More...
Road Congestion can be reduced by Job
Location
The extensive audit by Infrastructure Australia on road congestion
across Australian cities raises the crucial question of where jobs
are located, says the Urban Taskforce (22 May 2015).
More...
CEFC supports Australia's growing commercial solar
market
Solar is playing an increasingly important role in Australia's
energy mix and Clean Energy Finance Corporation (CEFC) Australia
has more than 4GW of installed rooftop solar PV with residential
systems accounting for the bulk of that capacity. However,
commercial solar is now rapidly ramping up with just under 25 per
cent of new solar PV installed capacity (13 May 2015).
More...
Budget ignores cities and climate change
With no plan for city infrastructure and no additional funding to
tackle climate change or sustainable building upgrades, the 2015
Budget is one of missed opportunities, says the Green Building
Council of Australia (GBCA) (13 May 2015).
More...
CFMEU official allegedly causes chaos on site after his
demands not met
Fair Work Building & Construction has launched Federal Circuit
Court proceedings against the CFMEU and one of its officials after
he allegedly disrupted two major concrete pours, causing
significant financial loss to the head contractor (13 May 2015).
More...
IPA: Budget maintains high infrastructure
spend
The 2015/16 Federal Budget was welcomed by the national
infrastructure sector tonight, because it maintains historically
high levels of national investment despite the failure of key
savings measures in the last Budget (12 May 2015).
More...
MBA: Dip In Housing Finance Highlights The Need For The
Budget To Reboot Confidence
The dip in finance commitments for the construction and purchase
of new dwellings highlights the need for the Budget to reboot
confidence," Peter Jones, Chief Economist of Master Builders
Australia said. Housing finance commitments for housing dipped by
0.4 per cent in March, and 4.2 through the year, according to data
released by the ABS (12 May 2015).
More...
Audit assesses northern Australia's
infrastructure
The Commonwealth Government released the first Infrastructure
Australia audit of northern Australia's infrastructure. The
Commonwealth will work with northern jurisdictions to develop a
pipeline of critical infrastructure projects—roads, rail,
water, electricity, ports and communications—to cater for the
growing population and deliver economic growth (08 May 2015).
More...
Victoria
Help for Vic infrastructure planning
Two peak engineering associations have joined forces to help
advise the Victorian government on key issues that would be of most
benefit to infrastructure planning in the state (22 May 2015).
More...
Consultation On Regional Public Transport Plan To Kick
Off Next Month
Community consultation on Victoria's first ever long-term
strategy for regional public transport will kick off next month.
The Regional Network Development Plan will set out priorities for
regional public transport services, infrastructure and investment
over the next 20-30 years (15 May 2015).
More...
Victoria's big plans for
infrastructure
The establishment of Infrastructure Victoria, the new role of
chief engineer of the state and $22 billion in infrastructure plans
has been welcomed by Engineers Australia. The creation of the new
independent body was announced as part of Victoria's state
budget last week (08 May 2015).
More...
New South Wales
Minimum apartment sizes to be confirmed
The NSW Government will retain minimum apartment sizes to provide
clarity for the community, councils and industry. The minimum
apartment sizes for studios, one, two and three bedroom apartments
will be: Studios 35m2; 1 bedroom apartments 50m2; 2 bedroom
apartments 70m2; 3 bedroom apartments 90m2 (15 May 2015).
More...
Queensland
Building Queensland Bill introduced to
Parliament
The Honourable Jackie Trad MP, Minister for Transport, Minister
for Infrastructure, Local Government and Planning, and Minister for
Trade, introduced the Building Queensland Bill 2015 (the
Bill) to Parliament on the 19th of May. The Bill provides
the head of power for the commencement of the new independent
statutory advisory body (21 May 2015).
More...
Queensland keen to capitalise on a solar
future
Minister for Energy and Water Supply Mark Bailey said Queensland
is open for business and keen to capitalise on the state's
world class solar resources. The government wants to see one
million Queensland rooftops fitted with solar panels by 2020, as
part of our Solar Future program (15 May 2015).
More...
Qld exploration release underpins $1.9 billion gas
industry
The Palaszczuk Government is seeking interest from around the
globe in exploring for potentially-rich petroleum and gas resources
of Queensland's far south-western corner (14 May 2015).
More...
MBA: Recourse for building work good for consumers and
builders
Moves to make Queensland building licensees accountable for
defective work have been welcomed by Master Builders, with the peak
body hopeful the next step will ensure engineers and all other
building professionals are also held to account (19 May 2015).
More...
Queensland action protects consumers from defective
building products
Queensland is leading the nation in efforts to protect consumers
and the building industry against defective and non-compliant
building products. The recently formed Queensland Building and
Construction Product Committee aims to protect home owners and
industry members from non-compliant and non-conforming products (14
May 2015).
More...
Published – articles, papers, reports
Australian Infrastructure Audit Report
Released by Infrastructure Australia Chairman Mark Birrell, 22 May
2015. The report makes 81 recommendations and strategically
identifies the drivers of infrastructure demand and the impact they
are having. It also outlines the policy, funding and delivery
challenges Australia must face.
More...
Australian Bureau of Statistics: Housing Finance,
Australia, March 2015
The trend estimate for the total value of dwelling finance
commitments excluding alterations and additions rose 0.8%. Owner
occupied housing commitments rose 0.8% and investment housing
commitments rose 0.8%. In seasonally adjusted terms, the total
value of dwelling finance commitments excluding alterations and
additions rose 3.5% (12 May 2015).
More...
Australian Parliamentary Service Budget Guides (11 May
2015)
More...
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Budget 2015-2016
On the science side, the Federal Government has funded key
scientific research facilities for two years as part of the
National Collaborative Research Infrastructure Strategy (NCRIS).
More...
Budget 2015-2016 Fact Sheets
Partnership for regional growth 2015. Infrastructure investment
2015.
More...
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Partnership for Regional Growth 2015-16
Department of Infrastructure and Regional Development.
More...
Budget Media Releases 2015–16
More...
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Practice and courts
Reminder: Amendments to the Building Energy Efficiency
Disclosure regime
Under the Building Energy Efficiency Disclosure Act 2010,
energy efficiency information must be disclosed to a
lessee/purchaser when commercial office space of 2,000 sq m or more
is offered for sale or lease. Changes to this disclosure regime
will commence on 1 July 2015 as a result of amendments made to the
Act by the Building Energy Efficiency Disclosure Amendment Act
2015.
More... More...
NSW: BP Act review - discussion paper and
consultation
The independent review of the Building Professionals Act
2005 is examining the effective operation of certification and
building regulation in NSW Review of certification and building
laws: discussion paper. Submissions to the Review close 12 June (04
May 2015).
More...
QBCC: More accountability for defective building work
From June 1, subcontractors will be held accountable for defective work they've performed (18 May 2015). More...
QBCC:Suspended or cancelled licensees - 10 to 17 May
2015
More...
QLD: Hit the Road with Roadshow
Major changes to the building and construction industry will be
spotlighted as part of the Master Builders BUSSQ Roadshow which is
set to traverse Queensland's major regions in May.
More...
Cases
Tamawood Limited v Habitare Developments Pty Ltd
(Administrators Appointed) (Receivers and Managers Appointed)
[2015] FCAFC 65
COPYRIGHT – whether contractual licence created –
whether infringement of copyright occurred – whether defence
of indirect copying available – whether defence of innocent
infringement under s 115(3) of Copyright Act 1968 (Cth)
available – whether there was an authorisation of
infringement – whether additional damages available under s
115(4) of Copyright Act 1968 (Cth). TRADE PRACTICES
– whether misleading conduct under s 72B of the Trade
Practices Act 1974 (Cth). COSTS – costs order set aside.
Copyright Act 1968 (Cth) ss 36(1),(1A), 115(3),(4). More...
Delaney v Winn [2015] NSWCA 124
TORTS – negligence – duty of care – whether
primary judge erred in not finding duty of care contended for on
appeal though not pleaded at trial and inconsistent with manner in
which appellants' case was conducted at first instance TORTS
– negligence – breach of duty – whether primary
judge erred in finding that there was no breach of duty to carry
out inspection complying with relevant Australian Standard and that
the respondent had not provided negligent advice to the appellants
CAUSATION – whether primary judge erred in formulating the
test for causation of damage in a pure economic loss claim APPEAL
– evidence - challenge to factual findings – adequacy
of reasons given for findings – credibility of witnesses
– whether error in assessing credibility - appellant
discovered "new looking" cracking at the property and
sought advice from another building consultant and a structural
engineer as to defects in the property.
More...
MJ Arthurs Pty Ltd & Anor v Portfolio Housing
Pty Ltd & Anor [2015] QCA 086
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES
– INTERFERENCE WITH JUDGE'S FINDINGS OF FACT –
OTHER MATTERS – where from 2005 the second appellant and
second respondent had undertaken building projects together –
where the second respondent would identify building project
opportunities and the second appellant would undertake the building
work – where after the building construction was completed,
the second appellant and second respondent would share net profits
equally – where routinely, a corporate vehicle and a business
trust structure were used to carry out each project – breach
of construction contracts. More...
Acron Pty Ltd v Couran Cove Holdings Pty Ltd
[2015] QDC 113
Uniform Civil Procedure Rules considered. Rule 69 —
Including, substituting or removing partyRule 377(1) —
Amendment of originating process. amended claim and statement of
claim, the applicant claims against the third respondent
$180,709.82 "for services rendered" and further and in
the alternative as a debt due and owing. The claim concerns the
installation by the applicant of a water treatment plant and
sewerage treatment plant on land at Couran Cove. More...
Matthew Mahoney Architect Pty Ltd v Board of
Architects of Queensland [2015] QCAT 137
GENERAL ADMINISTRATIVE REVIEW – Architects Act 2002 –
where applicant seeks disciplinary action by Architects Board
against a registered architect – where Architects Board
declines to investigate – where applicant seeks review of
Architect Board's decision – whether Tribunal has
jurisdiction to entertain that application – whether decision
not to investigate distinguishable from decision, after
investigation, to take no action – where jurisdiction lacking
– where applicant maintains application after advice of error
– where order to strike out application made - whether costs
may be awarded to respondent. ACN 005 057 349 Pty Ltd v
Commissioner of State Revenue [2015] VSC 76 Armstrong v
Kawana Island Retirement Village [2014] QCAT 51 C & E
Pty Ltd v The Board Of Architects of Queensland [2004] QCCTA 1
Finance Facilities Pty Ltd v Federal Commissioner of Taxation
(1971) 45 ALJR 615 Gleeson, Re [1907] VLR 368 Ward v
Williams (1955) 92 CLR 496. More...
Owners Corporation 2 v MAV Group Pty Ltd (Building
and Property) [2015] VCAT 661
Abandonment of application for joinder – application for
costs by proposed party. The first respondent must pay the costs of
ECM Group Pty Ltd ('ECM') of and incidental to the first
respondent's application to join ECM as a party to the
proceeding - first respondent builder entered into a contract with
Rose Anna Pty Ltd for the construction of a three storey
residential building on top of existing commercial premises -
applicant owners' corporation commenced these proceedings
seeking orders for the payment of damages for, or the rectification
of, allegedly defective building work by the builder. More...
Ternovsky v Kirishian (Civil Claims) [2015]
VCAT 657
Construction of new home; no written contract; applicant proceeds
as owner-builder; licensed builder acts as project manager and is
paid a management fee; applicant advances funds to project manager
through manager's company for payment of contractors and
suppliers; project manager dies before completion of construction;
amount of advanced funds unaccounted for; recovery sought from
estate of deceased manager and from company; relevant
considerations about personal rather than company liability;
sections 2,18,184 and 236 of Australian Consumer Law; restitution..
More...
Helti (Australia) Pty Ltd v Vulcan Steel Pty
Ltd [2015] VSC 192
The plaintiff, Helti (Australia) Pty Ltd, applies to set aside a
statutory demand served on it by the defendant, Vulcan Steel Pty
Ltd. The demand claims that the plaintiff is indebted to the
defendant in the sum of $126,231.34. More...
Sugar Australia Pty Ltd v Lend Lease Services Pty
Ltd [2015] VSCA 98
BUILDING CONTRACTS – Bank performance security –
Security for claims by proprietor acting reasonably –
Application by contractor for interlocutory injunction to restrain
recourse to security – Construction of security clause
– Whether serious issue whether proprietor acting reasonably
in seeking recourse to security – Whether serious issue to be
tried as to validity of recourse notice – Balance of
convenience. More...
Legislation
Commonwealth
Construction Industry Amendment (Protecting Witnesses)
Bill 2015
The Construction Industry Amendment (Protecting Witnesses) Bill
2015 (the Bill) amends the Fair Work (Building
Industry) Act 2012 (Fair Work (Building Industry) Act) to
extend the period during which the Director of the Fair Work
Building Industry Inspectorate can apply to a nominated
Administrative Appeals Tribunal presidential member for an
examination notice by a further two years. 11/05/2015 Senate:
Second and third reading agreed to and passed; 13/05/2015 third
reading and passed both houses.
More...
Queensland
Bills
A Bill for An Act to establish Building Queensland and to amend
this Act, the Industrial Relations Regulation 2011 and the
Public Service Act 2008. The Building Queensland to
provide independent expert advice to the State on matters relating
to infrastructure in Queensland. Queensland is the host
jurisdiction for the Heavy Vehicle National Law Act and, as such,
the Queensland Parliament must first pass amendments to the
legislation before they can be applied by the other participating
jurisdictions (19 May 2015).
More...
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.