Australia: Construction & Infrastructure - What's News - 4 August 2015

In the media

ACCC to Master Builders: "We're not responsible for building product regulation"
The Australian Competition and Consumer Commission (ACCC) has made it clear that they are not responsible for building product regulation in Australia and that concerns about non-compliant products in this sector should be directed at specialist regulators (31 July 2015).  More...

Alleged cartel conduct in the Canberra construction industry
The Australian Competition and Consumer Commission is aware of serious allegations and evidence presented to the Royal Commission into Trade Union Governance and Corruption concerning alleged cartel conduct in the construction industry in Canberra, particularly concreting and scaffolding (30 July 2015).   More...

What's holding Australia back on project collaboration?
Peter Barda, CEO of the Australian Construction Industry Forum, says one reason surrounds an industry culture in which too often subcontractors are not given adequate levels of respect on the part of builders and designers (29 July 2015).   More...

26MW solar farm & battery set for construction in Northern Queensland
Lyon Infrastructure Investments announced that it expects to commence construction on a 26MW solar PV farm plus 5MWh battery system near Cook Town in the fourth quarter of this year (31 July 2015).   More...

Record building approvals but figures moderating
Despite reaching new record levels for the year, building approvals are showing the first signs of having peaked according to the latest ABS data for June released on Thursday (30 July 2015).  More...

Furious industry unites to tackle new Building Code failure
Some of the proposed changes to the National Construction Code are so dodgy, the new modelling protocol would allow an apartment that scored ZERO NatHERS stars under the old system to actually pass as compliant, leading ESD practitioners say (26 July 2015).  More...

Construction industry changing gear
The overall outlook for construction work is positive for most areas of Australia, with activity in the eastern states particularly expected to strengthen, according to new forecasts from the Australian Construction Industry Forum (ACIF) (23 July 2015).   More...

Adani suspends major contractors
The Indian mining giant Adani has suspended two contractors on its $16.5 billion Carmichael coal project in Queensland, following a recent halt in engineering work (23 July 2015).  More...

Victoria

Push for safer material in high-rises to keep the community safe
Minister for Planning Richard Wynne has led a push for stronger rules around building product certification to improve fire safety, while at a national Building Ministers Forum held in Melbourne (31 July 2015).   More...

Melbourne a growing hub for global mining businesses
The Government has reaffirmed its support for the resources sector and has pledged to work with the industry to grow Melbourne as a hub for mining businesses and resource services in the lead up to the International Mining and Resources Conference (IMARC) (30 July 2015).  More...

Fracking ban incites 'fear, concern' about coal seam gas, inquiry told
Successive Victorian governments have incited "fear and concern" in the community about coal seam gas exploration by imposing a lengthy ban on fracking, a parliamentary inquiry has been told (23 July 2015).  More...

Audit of cladding on high rise buildings
The Victorian Building Authority (VBA) has announced it is taking a number of actions to address the use of non-compliant cladding on high rise buildings. The purpose of the audit is to identify where cladding has been used in a potentially non-compliant manner with the National Construction Code (23 July 2015).  More...

New South Wales

Historic orchard uprooted amid fears of toxic runoff from NSW gold mine
Tens of thousands of fruit trees will be bulldozed at the historic Wisbey's Orchards in NSW after concerns toxic runoff from a nearby gold mine will impact the water catchment (02 August 2015).  More...

NSW approvals drop 20% for apartments and non-residential buildings
The Australian Bureau of Statistics (ABS) June 2015 approvals for apartments and non-residential buildings in NSW have dropped 20% since February 2015, says the Urban Taskforce (30 July 2015).   More...

Solar energy giant chooses New South Wales
One of the world's largest renewable energy companies, SunEdison, has chosen New South Wales as the home of its new Australian base (29 July 2015).   More...

Queanbeyan property tests positive for loose fill asbestos
Another Queanbeyan property has tested positive for loose-fill asbestos as part of the New South Wales Government's free ceiling insulation testing program. The property is the 15th to test positive during the program and seventh from the local government area (28 July 2015).  More...

Queensland

Queensland leads way on building approvals
Treasurer Curtis Pitt says that ABS figures released this week point to the continued strength of Queensland's property and construction sectors (31 July 2015).  More...

Public warning about trio's unlawful building activities
QBCC has issued public warnings about three people in relation to unlicensed and unlawful building work activity in Brisbane (31 July 2015).  More...

Powering up the local gas industry
Queensland's $60 billion gas industry has been given another boost following the completion of construction on a vital hub substation in the North West Surat Basin. The Yuleba North Substation will act as the central point for supplying power to six gas processing facilities owned by Santos GLNG and Australia Pacific LNG (APLNG) (27 July 2015).  More...

Community voices to be heard on Queensland resources future
The Government is establishing a Community Ministerial Roundtable to give agricultural, landholder, conservation, Indigenous and community groups and local government a voice on resource issues. Its terms of reference include promoting innovation and technology adoption in the resources sector (24 July 2015).   More...

Echo consortium wins Queen's Wharf Brisbane prize
The Destination Brisbane Consortium - including Echo Entertainment - has won the right to develop the multi-billion dollar Queen's Wharf project in Brisbane's CBD. This decision will mark the largest staged construction development in Brisbane City since the evolution of South Bank (21 July 2015).  More...

PCA: Budget highlights infrastructure challenge
No new or increased taxes and renewed commitment to the first home owners' grant are applauded by industry, but funding infrastructure projects remains a challenge for the Queensland Government (21 July 2015).  More...

Changes to permanent exclusion of contractors
Significant changes have been made to the Queensland Building and Construction Commission Act in dealing with contractors or construction companies facing bankruptcy or insolvency (20 July 2015).  More...

New Plumbing Industry Regulator to be established
The new organisation will be called the Service Trades Council and will take over the plumbing and drainage regulatory responsibilities, while still operating under the Queensland Building and Construction Commission (QBCC) framework (17 July 2015).  More...

Published – articles, papers, reports

Australian Infrastructure Metric March 2015
Infrastructure Partnerships Australia. The average work won index for the first nine months of FY2014/15 was down significantly on FY2013/14, suggesting that public investment – while strengthening – will not offset the retreat in mining (30 July 2015).  More...

Australian leaders' retreat communiqué
Government of Australia: Council of Australian Governments. The 2015 COAG Leaders' Retreat issued a communique outlining the steps agreed to by the leaders in working towards major reform of Australia's Federation, with a focus on health, education, infrastructure and housing (23 July 2015).  More...

Australian Bureau of Statistics
Building Approvals, Australia, Jun 2015 (cat no. 8731.0) – 30 July 2015.

Practice and courts

NSW BPB: Residential apartments: certification changes from 17 July 2015
Amendments to the Environmental Planning and Assessment (EP&A) Regulation 2000 came into force on 17 July 2015 and relate to residential apartment developments (24 July 2015).  More...

QLD: Destination Brisbane Consortium – including Echo Entertainment
Site works are anticipated to commence in 2017 and run until 2022.  The scheme sets out the land uses, development criteria and infrastructure envisaged for the Queen's Wharf priority development area (21 July 2015).  More...  More...

QBCC Notices

Licensees suspended or cancelled - 19 July to 26 July 2015.  More...

Licensees excluded - 19 July to 26 July 2015.  More...

VIC: Better Apartments - A Discussion Paper
Comments are invited via the online survey or online submission form by 31 July 2015.

Cases

Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 3) [2015] FCA 767
Paragraphs 32, 33, 160 and 194 of the Amended Statement of Claim are in the following terms: At all times from 24 October 2012 up to 23 November 2012 Leighton and Neil Flounders knew but did not disclose to Basetec ('the Silence') that the tender package did not accurately describe the true scope of the GRP Interconnecting works at Condabri and Reedy Creek. The respondent provide further and better discovery of the drawings and any documents providing the drawings to RPC Technologies Pty Ltd.  More...

Hancock v Conergy Pty Limited (in liquidation), in the matter of DCM Solar Pty Limited (in liquidation) [2015] FCA 738
CORPORATIONS – voidable transactions – insolvent transactions – whether deed entered into by parties and/or payments made giving effect to deed constitute unfair preferences. CORPORATIONS – leave to proceed against company in liquidation. Corporations Act 2001 (Cth) ss 9, 95A, 439C, 500, 513A, 513C, 588FA, 588FB, 588FC, 588FE, 588FF, 588FG; Federal Court Rules 2011 r 39.06. More...

Camporeale Holdings Pty Ltd v Mortimer Construction Pty Ltd & Anor [2015] QSC 211
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where the applicant seeks to set aside a statutory demand for payment of a claim adjudicated under the Building and Construction Industry Payments Act 2004 (Qld) – whether the payment claim was valid – whether the adjudicator had jurisdiction. CORPORATIONS – GENERALLY – CORPORATIONS LEGISLATION – where the applicant seeks to set aside a statutory demand for payment pursuant to s 459H of the Corporations Act 2001 (Cth) – where the applicant claims there is a genuine dispute and that it has an offsetting claim against the first respondent - whether there is adequate evidence of the offsetting claim.  More...

Marveldale Pty Ltd, Re [2015] QSC 208
BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – SUBCONTRACTORS' CHARGES ACT – where the applicant carried out work on a project pursuant to a subcontract with the first defendant – where the second defendant was the first defendant's employer – where the first defendant was placed into voluntary liquidation on 8 September 2014 – where, on 23 September 2014, the applicant issued a Notice of Claim of Charge to the first defendant under s 10 of the Subcontractors' Charges Act – where another subcontractor commenced proceedings against the defendants on 17 October 2014 without obtaining leave under s 500 of the Corporations Act – where the second defendant has paid into court a sum of money otherwise payable to the first defendant to satisfy claims under the Subcontractors' Charges Act – whether the applicant should be granted leave to commence proceedings against the first defendant under s 500 of the Corporations Act – whether the applicant has given a Notice of Claim of Charge pursuant to s 10 of the Subcontractors' Charges Act, within one month of the action of the other subcontractor being commenced – whether the applicant's charge has been extinguished under s 15 of the Subcontractors' Charges Act – whether 'notice' in s 12(3A) of the Subcontractors' Charges Act refers to a notice to an employer or a contractor.  More...

Grocon Constructors (Victoria) Pty Ltd v APN DF2 Project 2 Pty Ltd [2015] VSCA 190
BUILDING CONTRACT – Principles for construction of commercial contracts – Relationship between building contract and side deed – Meaning of phrase 'actual ... cost payable' – Judge erred in interpreting phrase as meaning 'costs actually paid' – Application for leave to appeal granted and appeal allowed. BUILDING CONTRACT – Principles for implying a term into a commercial contract – Judge erred in implying a term requiring builder to provide to principal documents evidencing payment to subcontractors. BUILDING CONTRACT – Principles for determining when a term of a contract is to be inferred – Judge correctly held that no term is to be inferred requiring builder to provide to principal documents evidencing payment to subcontractors.  More...

Idameneo (No 123) Pty Ltd v Ashraf [2015] VSC 317
CONTRACT — Construction — Performance — Breach — Frustration — Purported termination — Liability determined — Issues concerning damages deferred – Compulsory mediation ordered - Civil Procedure Act 2010 (Vic), ss 7(2)(c)(ii), 66(1); Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 50.07(1). More...

Legislation

New South Wales

Proclamations commencing Acts

Environmental Planning and Assessment Amendment Act 2014 No 79 (2015-419) — published LW 31 July 2015.

Fair Trading Legislation (Repeal and Amendment) Act 2015 No 12 (2015-442) — published LW 31 July 2015.

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.