Australia: Construction & Infrastructure - What's News - 8 July 2015

In the media

National

Call for greener best practice
Greener built environments are being held back by a lack of communication between multiple performance codes and criteria, according a leading advocate in the industry (03 July 2015). More...

Billions at risk by Government failures
Billions of tax payer dollars are being put at risk by the federal and state governments that are failing to adopt more innovative funding models for transport infrastructure projects, according to a new report by AECOM and Consult Australia. The AECOM and Consult Australia Value Capture Road Map identifies billions of dollars that could be lost if Australia continues to ignore the additional indirect value created as a result of publically funded infrastructure (03 July 2015). More... More...

Record-breaking building approvals to aid housing affordability
Building approvals continue their unbroken upward trajectory, hitting new records over the past 12 months, according to the latest data released 1 July from the ABS (01 July 2015). More...

Why the Construction Industry Needs to Innovate
Business leaders are constantly told that innovation is 'essential' to business growth, competitiveness and productivity in a world of increasing competition and depleting natural resources (03 July 2015). More...

Employment, plus possible mini-boom: ACIF Forecasts
Employment is the big, good news story coming out of the latest ACIF Forecasts – despite a decline in mining infrastructure (01 July 2015). More...

IBISWorld reveals the industries set to fly and fall in 2015-16
As Australian companies enter the new financial year, business information analysts at IBISWorld reveal the industries set to flourish and those set to flounder over the next 12 months (01 July 2015). More...

Victoria

The Crossover Between Court Trials and Misconduct Inquiries
At a recent VCAT review hearing, a 'double jeopardy' type argument was run, to the effect that the building practitioner appealing a misconduct penalty (suspension of registration) should be able to refer to having been convicted and fined at the Magistrates Court previously (03 July 2015). More...

Taking politics out of infrastructure
A new independent body, established to guide Victoria's infrastructure and planning priorities and oversee growth over the next 30 years, has been welcomed by the property industry (30 June 2015). More...

New Jobs, Investment And Growth For Regional Victoria
The Andrews Labor Government is putting rural and regional Victoria back at the heart of the state's economy with the official launch of the new $500 million Regional Jobs and Infrastructure Fund (RJIF) (29 June 2015). More...

Infrastructure Victoria will allow consensus
The national infrastructure sector welcomed the introduction of legislation to establish Infrastructure Victoria today, says Infrastructure Partnerships Australia (23 June 2015). More...

New South Wales

Housing Approvals boost supply of new homes
Housing supply in NSW has received a major boost, with construction approvals soaring to levels not seen in 20 years. Official statistics from the ABS released today show that NSW recorded 5,374 dwelling approvals for the month (01 July 2015). More...

NSW home approvals at record levels but non- residential approvals are falling
The Australian Bureau of Statistics data on building approvals is positive for dwellings but is dipping for non-residential says, the Urban Taskforce (01 July 2015). More...

NSW 'poles and wires' electricity giants challenge ruling over lower prices
New South Wales' state-owned electricity networks begin a court challenge that, if successful, will result in consumers paying hundreds of dollars more for their electricity (01 July 2015). More...

NSW in the infrastructure fast lane: More milestones delivered on Sydney Metro Northwest
Big–ticket transport, road, hospital, schools and cultural projects across the state will be fast–tracked, following a major cash injection of more than $590 million unveiled in yesterday's NSW Budget (24 June 2015). More...

Budget provides $1 billion for simpler planning, and better infrastructure for NSW
Planning Minister Rob Stokes today announced that the NSW Budget will invest $1 billion over four years in planning for the homes, jobs and services NSW needs for the future and making the system simpler and more efficient. Interactive Mapping the Budget tool highlights the key areas of spend. You can use the map to explore projects across planning regions and Local Government Areas (LGA), or filter by project type (23 June 2015). More... More...

Queensland

QBCC: Dispute service makes for happy endings
A year on from introducing an early dispute resolution service, the QBCC has resolved 1097 dispute cases lodged by builders and home owners. From 1 June 2015, the service was expanded to help principal contractors resolve defective or incomplete building work issues which can arise with their subcontractors (02 July 2015). More...

Helping hand for first homebuyers in sunshine state
The Queensland Government's decision to maintain the $15,000 first home owner construction grant keeps the door open for first homebuyers in Queensland and provides a boost for the state economy (30 June 2015). More...

Government awards construction contract for Gateway Upgrade North project
The $1.162 billion Gateway Upgrade North project has reached a significant milestone with the successful tenderer for design and construction announced today (26 July 2015). More...

Commonwealth Games Village targets gold level accessibility standards
All 1,170 apartments in the Parklands redevelopment will be built to Livable Housing Design Gold Level status (24 June 2015). More...

Published – articles, papers, reports

NSW Budget 2015-16
Cabinet, Economy, Education, Health, Infrastructure, Transport. Key areas including health, infrastructure, jobs, housing and education have received a boost in the NSW 2015-16 Budget (23 June 2015). More...

Practice and courts

ACCC: issues paper for the East Coast Gas Inquiry
The issues paper seeks information and responses from industry participants and other interested parties to assist the ACCC in its inquiry into the east Coast gas market. Submissions are due by 2 July 2015 (04 June 2015). More...

QLD: No scheduled fee increase for reporting notifiable work
The proposed scheduled fee increase for reporting notifiable work has been delayed (03 July 2015). More...

QBCC:Suspended or cancelled licensees - 21 Jun - 28 Jun 2015. More...

QLD: Infrastructure update
As councils and water entities in Queensland adopt their annual budgets and infrastructure charges resolutions, information about increases to infrastructure charges, and development fees and charges, are being disseminated (02 July 2015). More...

VIC: Updated Australian Standard AS/NZS 3500.3
The VBA has produced a Standards Alert Information Bulletin setting out the key differences between the new 2015 edition of AS/NZS 3500.3 Plumbing and Drainage Part 3: Stormwater Drainage versus the 2003 publication (29 June 2015). More...

VIC: Changes to recycled water inspections from 1 July 2015
The VBA is reminding plumbers that from 1 July 2015, the VBA will no longer be carrying out mandatory inspections for any stage of recycled water installations, including stage three (commissioning). More...

VIC: Building practitioner registration fees 2015-16
New building practitioner registration fees will take effect on 1 July 2015. More...

VIC: Fees payable to councils 2015-16
Fees payable to councils will change from 1 July 2015. More...

VIC: Changes to building and plumbing fees
New building and plumbing fees will take effect on 1 July 2015. More...

VIC: Growth Areas Infrastructure Contribution rates have been adjusted for 2015-16 commencing 1 July 2015. More...

Cases

Veer Build Pty Limited v TCA Electrical and Communication Pty Ltd [2015] NSWSC 864
BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) – validity of payment claim – whether a second payment claim served in respect of a reference date under contract – whether adjudicator denied procedural fairness to plaintiff. More...

Illawarra Retirement Trust v Denham Constructions Pty Ltd [2015] NSWSC 823
BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) – validity of payment claim – whether reference date available for claim – reference date arises on last business day of month – whether contract terminated before last business day of month – construction of notice of termination – whether subsequent agreement as to when termination would take effect – whether inclusion of item concerning amount of security called upon by principal invalidates payment claim. More...

Glavan v Abigroup Contractors & Ors [2015] NSWSC 807
PROCEDURE – civil – application to set aside consent judgment by third defendant – judgment entered between first defendant and plaintiff – application of principles in James Hardie v Seltsam – effect of consent judgment between tortfeasors PROCEDURE – civil – application for adjournment – to have issue determined at time of substantive hearing. More...

RCR O'Donnell Griffin Pty Ltd v Forge Group Power Pty Ltd and Ors [2015] QSC 186
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS – SECURITY AND RETENTION FUNDS – where subcontractor gave head contractor bank guarantees as security - where head contractor became insolvent – whether power to appoint Superintendent extends beyond termination of contract - whether power of Superintendent to resort to bank guarantees extends beyond termination of contract – whether insolvency context influences implied allocation of risk for bank guarantee - whether Superintendent's demand for liquidated damages void. CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – REMUNERATION – CERTIFICATES – GENERALLY – where head contractor became insolvent – where accrued rights of parties under subcontract retained by deed of novation - whether liquidated damages are payable without certificate being issued – whether Superintendent acted honestly when issuing certificate - whether certificate validly issued under contract. More...

Sunshine Coast Regional Council v Earthpro Pty Ltd & Ors [2015] QSC 168
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY - where the adjudicator was mistaken about claim dates - where the adjudicator decided claims based on information not provided by either party - where the applicant claimed that the adjudicator failed to have proper regard to submissions made - whether the adjudicator's actions amounted to procedural unfairness. CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – OTHER MATTERS - where part of an adjudication decision is affected by jurisdictional error - where the proceeding to challenge the adjudicator's decision was brought before the Building Construction Industry Payment Act 2004 ("the Act") was amended to include s.100(4) - whether s.100(4) of the Act applies to the proceeding. ESTOPPEL – ESTOPPEL BY JUDGMENT – RES JUDICATA OR CAUSE OF ACTION ESTOPPEL – PARTICULAR CASES - where the respondent was unsuccessful in a previous adjudication - where the respondent brought a new claim based on similar facts using a different contractual clause - where the respondent adduced new evidence - whether the adjudicator was bound by an issue estoppel - whether the parties to the adjudication were bound by a decision of a previous adjudicator. More...

Donovan Hill Pty Ltd v McNab Constructions Australia Pty Ltd [2015] QCA 114
ADMINISTRATIVE LAW - QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the QBSA issued a number of directions to rectify to the respondent in respect of an apartment complex – where the respondent applied to the Commercial and Consumer Tribunal for review of the decisions to issue the directions – where the review proceedings became proceedings in QCAT as successor to the Commercial and Consumer Tribunal – where the respondent applied under s 42 of the QCAT Act for orders joining an array of entities as parties to each of the applications – where the applicant sought to be joined in each review proceeding under the name Donovan Hill Architects – where a member of QCAT ordered that the joinder application be dismissed with respect to all entities sought to be joined – where directions were made that any application for costs by QBSA or any of the proposed parties be filed by 18 January 2013 and that the costs applications be determined on the papers – where the applicant filed an application for costs – where three of the other proposed parties also applied for costs – where the Tribunal member made orders in respect of the applications on 20 August 2013 – where the respondent appealed against those orders and costs orders made in favour of two of the other proposed parties – where an Appeal Tribunal of QCAT allowed the appeal, set aside the costs orders and dismissed the costs applications of the applicant and the other two proposed parties – where a live issue in both the application before the member and the appeal to the Appeal Tribunal was whether QCAT has power to award costs to a person who successfully resists a joinder application – where the member concluded that QCAT was so empowered – where the Appeal Tribunal held that QCAT was not so empowered – whether the determination of a joinder application under s 42 is in exercise of QCAT's original jurisdiction or its review jurisdiction – whether QCAT is empowered to award costs to a person whom a party to a proceeding in QCAT has unsuccessfully sought to join in the proceeding. More...

The Avenues Tavern (Townsville) v K P Architects [2015] QSC 182
TORTS – NEGLIGENCE – APPORTIONMENT OF RESPONSIBILITY AND DAMAGES – APPORTIONMENT IN PARTICULAR SITUATIONS AND CASES – where the plaintiff was the owner of a property on which a tavern was constructed, designed by the defendant architect, at least in part – where the original design placed the building on power and sewerage easements, a problem which required a redesign and caused some delay – where the plaintiff alleged the delay caused loss to it in the vicinity of $1.8 million – where the defendant's case was that acts and omissions of both the local council and a town planner, each of whom was involved in the planning process, contributed to the loss claimed – whether the claim was one for economic loss and whether it was an action arising from a breach of a duty of care – whether the defendant's claim was apportionable for the purpose of part 2 of chapter 2 of the Civil Liability Act 2003 (Qld). PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – PLEADING – where the plaintiff did not oppose the application by the defendant for a declaration that the plaintiff's claim against the defendant was an apportionable claim for the purpose of part 2 of chapter 2 of the Civil Liability Act 2003 (Qld) – where each party had sought that the other party pay the costs of the application – where the declaration would have assisted the defendant to decide whether or not to join another party or parties to the proceeding as a third party – whether the plaintiff could have admitted the allegation of law on the pleadings and consented to treat the proceedings as one where it was not in issue. 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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
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”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (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 www.mondaq.com

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 Mondaq.com’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.

Disclaimer

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.

Registration

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 by clicking here .

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 unsubscribe@mondaq.com 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.

Cookies

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.

Links

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.

Mail-A-Friend

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.

Security

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 webmaster@mondaq.com.

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 EditorialAdvisor@mondaq.com.

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 enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.