In the media
Construction material prices on the rise
Prices for construction materials are back on the rise as record
levels of home building activity underpins strong level of demand
and a declining Australian dollar drives up the cost of imported
products (05 June 2015).
More...
CEFC supports diversification of Australia's future
energy mix
The CEFC welcomes the release of the Clean Energy Australia Report
2014 by the Clean Energy Council (CEC) and looks forward to
increased certainty surrounding the Renewable Energy Target (RET)
in order to enable commercially-viable, proven, utility-scale
projects to get access to finance more readily (04 June 2015).
More...
Engineers Australia: A clear picture on
infrastructure
Public and private investment must increase to ensure that the
nation's infrastructure meets the needs of our growing
population and economy, according to Australia's first
comprehensive infrastructure audit. Infrastructure Australia will
consult with community, governments and business to prepare a
national 15 year infrastructure plan, due in late 2015 (04 June
2015).
More...
Red tape reduction a boost for home building
sector
Minister for Innovation and Better Regulation Victor Dominello has
announced a boost for the NSW building industry by cutting red tape
for insurance applications required for residential projects worth
over $20,000 (04 June 2015).
More...
Agreement reached for Sydney freight project at
Moorebank
The Government's Moorebank Intermodal Company (MIC) has signed
an agreement with the Sydney Intermodal Terminal Alliance (SIMTA)
for the development of the Moorebank Intermodal Terminal (04 June
2015).
More...
Progress on M1 upgrade as environmental report
released
Tenders have now been invited for detailed design work on the M1
Pacific Motorway upgrade between the Kariong and Somersby
interchanges following finalisation of the review of environmental
factors (REF) (03 June 2015).
More...
Federal compensation fund opens for Home Insulation
Program businesses
Home insulation companies that went out of business after the
collapse of the Rudd government's insulation scheme will be
able to re-register and apply for compensation set aside in a
federal compensation scheme. Nearly 200 companies have already
registered interest in the scheme which will be open for the next
six weeks (01 June 2015).
More...
NSW Construction output overtaken by
Victoria
The Australian Bureau of Statistics figures on the March Quarter
building work done indicates that Victoria is moving upwards and
NSW downwards, says the Urban Taskforce (27 May 2015).
More...
ACCC takes action for alleged cartel conduct in the NSW
government's Mount Penny coal exploration licence tender
process
The ACCC has commenced proceedings in the Federal Court of
Australia against eleven respondents for alleged bid rigging
conduct involving mining exploration licences in the Bylong Valley
(25 May 2015).
More...
Toowoomba second range crossing on track
Minister for Infrastructure and Regional Development Warren Truss
said the announcement is due mid-year, with the Australian
Government committing funding on an 80:20 basis with the Queensland
Government for the $1.6 billion project. The successful bidder
would construct, operate and maintain the Toowoomba Second Range
Crossing in a 25-year public-private partnership (28 May 2015).
More...
Construction's strong role in economy
'confirmed' by latest ABS data
Building and construction continues to be a strong performer
driving new investment and jobs and in the economy according the
latest ABS construction work done results for the March quarter (28
May 2015).
More...
$74M boost for minerals processing and manufacturing
CRCs
Industry-led research to improve resource extraction and support
innovative manufacturing will be boosted with $74 million in
Government funding for two Cooperative Research Centres (26 May
2015).
More...
Urgent, state-by-state audits called for on dangerous
imported cladding
The CFMEU has written to every state and territory government
calling for urgent audits to be undertaken on the use of a
dangerous imported aluminium cladding product (29 May 2015).
More...
Transport-oriented development reshaping
cities
Cities around the world are being shaped by the emergence of
transit-oriented developments situated near major public transport
hubs, according to new research by CBRE (26 May 2015).
More...
Victoria
Community has a say in better apartment
design
Victorians are invited to contribute to the state's first-ever
discussion into future apartment design, as part of the Andrews
Labor Government's consultation into apartment living (30 May
2015).
More...
Victoria's building regulation failing consumers:
VAGO
Building industry regulation in Victoria is failing to provide
reasonable levels of consumer protection, with the current
registration system being insufficient to ensure that registered
builders were competent to perform their tasks or were of good
character, a damning new report has said (29 May 2015).
More...
VBA active on cladding
The Victorian Building Authority (VBA) is taking action on several
fronts in relation to the non-compliant use of cladding following
the Lacrosse building fire in Melbourne's Docklands last year
(03 June 2015).
More...
Victorian move to recognise social impacts of
developments will slow down the production of
housing
The move by the Victorian Government to require the VCAT to
recognise social impacts and to involve communities more in
planning determinations will slow down building production, says
the Urban Taskforce (28 May 2015).
More...
New South Wales
Funding secured: Sydney Metro to be a
reality
Sydney's much–needed second harbour rail crossing will
become a reality now that funding has been secured for the NSW
government's $20 billion Rebuilding NSW plan. The Sydney Metro
project will be a new 66 kilometre high capacity rail line that
will bust congestion and revolutionise public transport in our city
(04 June 2015).
More...
NSW Government welcomes lower gas network
prices
Minister for Industry, Resources and Energy has welcomed the
decision by the Australian Energy Regulator (AER) to reduce gas
network charges by the privately-owned NSW gas distribution network
operator, Jemena (03 June 2015).
More...
Legislation introduced to unlock $20 billion in major
infrastructure
The Electricity Network Assets (Authorised Transactions) Bill
2015 and the Electricity Retained Interest Corporations
Bill 2015 will allow the Government to undertake a
long–term lease of 49 per cent of the electricity network and
deliver on its mandate to invest $20 billion in new infrastructure
(26 May 2015).
More...
Queensland
Master Builders opposes new WHS right of entry
laws
Master Builders is in the process of formulating a full submission
to the Finance and Administration Committee to oppose the state
government's WHS right of entry bill. he decision to repeal
these laws will open the floodgates for more unlawful industrial
conduct and the industry believes there are better ways to resolve
this matter than repealing this legislation (05 June 2015).
More...
New state government $200 million infrastructure bonanza
generates regional jobs
A new Government infrastructure bonanza will pump $200 million
over the next two years into regional projects, supporting about
600 jobs across the state (25 May 2015).
More...
Published – articles, papers, reports
Construction Industry Profile
SafeWork Australia (released 27 May 2015). The Construction
Industry Profile presents an overview of the main causes of
workers' injuries and fatalities in the construction industry.
More...
Australian Bureau of Statistics
01 June 2015
Building Approvals, Australia, Apr 2015 (cat no. 8731.0)
01 June 2015
Mineral and Petroleum Exploration, Australia, Mar 2015 (cat no.
8412.0)
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...
Opinion: Best Practice in Construction Contracting In a modern building project, few documents are as important as the construction contract. Contracts which are not standard industry contracts are invariably designed to transfer as much risk as possible away from the party drawing up the contract (26 May 2015). More...
Practice and courts
Taller timber buildings code change could save industry
millions over next decade
The Forest and Wood Products Australia (FWPA) proposal to allow
taller timber buildings to be built in Australia under the National
Construction Code (NCC) could lead to construction cost reductions
of 10-15 per cent, preliminary economic modelling from the group
suggests (05 June 2015).
More...
Safety alert after workers' deaths
The results of an investigation into the deaths of two electrical
workers conducting maintenance on a combined fuse switch (CFS) unit
in February have been released, with changes to procedures in mines
recommended (01 June 2015).
More...
The ABC of the BCA Seminar, 15 June 2015
General overview and understanding in using and Navigating around
the Housing Provisions – Volume Two of the Building Code
Australia (BCA) The interactive training program will help
those with a limited understanding gain an appreciation of the
basics of the BCA and develop skills to navigate through the
Housing Provisions.
More...
NSW: Review of certification and building laws:
discussion paper
The review will look at whether the certification and building
regulation system is functioning as well as it should and suggest
recommendations for improvement. Submissions to the Review close 12
June.
More...
QLD Building and Plumbing Newsflashes
No 541: Pimpama-Coomera area approved to opt-in to the Queensland Development Code for supplementary water supply - 5 June 2015.
No 540: Position of hot water indicators for mixing taps - 4 June 2015.
No 359: Commencement of building code for farm buildings - 1 June 2015.
QLD: Current Queensland Government Inquiries
Building Queensland Bill 2015
Heavy Vehicle National Law Amendment Bill 2015
Local Government and Other Legislation Amendment Bill
2015
Fly in, fly out and other long distance commuting work practices in
regional Queensland
Sustainable Ports Development Bill 2015
QBCC: More accountability for defective building work From June 1, subcontractors will be held accountable for defective work they've performed. More... More...
QBCC: Licensees suspended or cancelled. More...
VIC: VBA welcomes VAGO report
VAGO has today issued a report into Victoria's consumer
protection framework for building construction, which includes
recommendations for the Victorian Building Authority (VBA).he VBA
accepts the recommendations contained within the report and has
already committed to taking steps to implement them (28 May 2015).
More...
More...
VIC: Non-compliant use of cladding - VBA to
audit
The Victorian Building Authority (VBA) is issuing audit notices to
builders and building surveyors in relation to some 170 buildings
around inner Melbourne (27 May 2015).
More...
Cases
Champion Homes Sales Pty Limited v DCT Projects Pty
Limited [2015] NSWSC 616
CONTRACT – whether owner entitled to terminate contract
– liquidated damages for delay – turns on own facts.
TRADE AND COMMERCE – misleading or deceptive conduct –
whether builder engaged in misleading and deceptive conduct by
failing to disclose need for construction of large retaining walls
– turns on own facts. BUILDING AND CONSTRUCTION –
whether owner entitled to recover sums paid for variations under
building contract – whether prevention principle applies to
prevent owner from claiming liquidated damages for delay.
More...
Vella v Paragon Consulting Engineers P/L &
Anor [2015] QDC 135
Building and engineering contracts – design and construction
of access road to subdivision – whether any non-compliance
with technical specifications causally related to damage –
whether proportionate liability open. More...
The MCF Group Pty Ltd v Coleman & Ors
[2015] QDC 130
PRACTICE – INJUNCTIONS AND DECLARATIONS – where the
applicant/plaintiff claimed that it owned a number of excavators in
the possession of the first, second, third and fourth
respondent/defendant – where the applicant/plaintiff seeks to
extend an injunction prohibiting the sale of excavators in the
possession of the first, second, third and fourth
respondent/defendant – whether the applicant/plaintiff is the
owner of the excavators – whether there is a serious issue to
be tried – whether the balance of convenience favours the
granting of the injunction – whether
applicant/plaintiff's undertaking as to damages is sufficient.
More...
AL Builders Pty Ltd v Fatseas [2015] QCAT
166
Building dispute – Fixed price contract or costs plus
contract – Contract not in writing – Acceptance by
conduct – Written contract a sham – Effect of
Domestic Building Contracts Act 2000 on oral costs plus
contract and s. 55(4) discretion – implication of terms
– quantum meruit claim – Failure to mitigate. More...
Advance Building and Engineering Pty Ltd v Jovevski
(Building and Property) [2015] VCAT 740
Domestic building – claim for variations – evidence
– Domestic Building Contracts Act 1995 –
s.38(2) effect of - claim for delay damages – meaning –
payment of instalments of price – whether made late –
when instalments fell due – counterclaim for defective work
– evidence – loss of amenity damages – when
allowed. Order the Applicant to pay to the Respondents $69,825.44.
More...
Legislation
Commonwealth
Iron Ore Supply and Demand (Commission of Inquiry) Bill
2015
Representatives 1/6/2015 Introduced and read a first time. A Bill
for an Act to establish a Commission of Inquiry into Iron Ore
Supply and Demand, and for related purposes. The object of this
Bill is to establish a full judicial Commission of Inquiry into
Iron Ore supply and demand, specifically the increases in
production by certain iron ore producing companies at a time when
the world-wide demand for iron ore is steadily decreasing. More...
Queensland
Subordinate Legislation
No 28: Proclamation commencing certain provisions of the Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 – 29 May 2015.
No 29: Queensland Building and Construction Commission and Other Legislation Amendment Regulation (No. 1) 2015 – 29 May 2015 – amends the Building and Construction Industry Payments Act 2004; Queensland Building and Construction Commission Act 1991; State Penalties Enforcement Act 1999.
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.