In the media
Mining downturn leads bigger than forecast fall in
business investment
Australia's capital expenditure falls more than
expected, with a steep fall in mining construction to blame,
leading one analyst to label it recessionary (27 August 2015).
More...
Is Australia Heading for a Construction Trade
Shortage?
Around Australia, concern is growing about a long-term
shortage of skilled construction tradespeople amid fears not enough
apprentices are being trained to replace retiring workers and meet
growth in demand for new labour (26 August 2015).
More...
CFMEU Chiefs Besieged By Criminal Allegations
Australian law enforcement authorities have launched
multi-state investigations into alleged criminal conduct by some of
the senior-most members of the CFMEU (26 August 2015).
More...
Builders want inquiry into union corruption to continue
if Dyson Heydon quits
Former Liberal Party leader John Hewson says Dyson Heydon
might need to resign to preserve the integrity of the Royal
Commission Into Trade Union Governance and Corruption. Justice
Heydon will make his ruling on an ACTU application for him to
disqualify himself (24 August 2015).
More...
Government vows to continue fight for return of
construction watchdog
The Federal Government vows to keep fighting for the
re-establishment of the Australian Building and Construction
Commission, after it fails to reintroduce the body (17 August
2015).
More...
New South Wales
Have Your Say On Security Of Payment Laws In The
Building Industry
Fair Trading Commissioner Rod Stowe is inviting the
building industry to participate in a new online survey on security
of payment laws. The purpose of this survey is to find out what
areas of the Act are of interest to industry groups and their
members and will include topics such as recovery of progress
payments and adjudication of disputes (28 August 2015).
More...
$100 million infrastructure upgrades for the
Murrumbidgee and Murray
Parliamentary Secretary to the Minister for the
Environment Bob Baldwin has announced the shortlisted applications
for the latest round of funding under the Private Irrigation
Infrastructure Operators Programme (PIIOP) in New South Wales (21
August 2015).
More...
Santos Leewood Project
The NSW Division of Resources and Energy has approved,
with conditions, an application by Santos for a water management
project known as the Leewood Produced Water Treatment and
Beneficial Re-use Project (20 August 2015).
More...
Queensland
Funding security and relationships among top
priorities
Securing more funding for critical projects, lobbying for
permanent infrastructure programs and forging stronger ties with
State and Federal Governments are among the top priorities for
Queensland's local councils over the next year (26 August
2015).
More...
Construction to start on major Cape York road
upgrade
Work will start this week to upgrade a 29 kilometre
section of the Peninsula Developmental Road north of Coen on Cape
York Peninsula, as part of the Australian and Queensland
government's $260 million Cape York Region Package (26 August
2015).
More...
Industry survey reflects construction & building
upswing in QLD
Master Builders' latest Survey of Industry Conditions
for the June 2015 quarter shows business confidence in the
Queensland economy and the building and construction industry is on
the upswing, after a fall in the last quarter (24 August
2015).
More...
Victoria
Labor Government Fixing Schools And Building The
Education State
More than 150 public schools will share in $27 million to
fix ageing buildings and infrastructure, Minister for Education
James Merlino announced today (17 August 2015).
More...
Published – articles, papers, reports
Outcomes Of The Building Ministers Forum 27th August
2015
The Forum made progress on a range of building matters,
including strategies to minimise the use and risk of building
products that don't conform to relevant state/territory
building laws, and ways to limit local government interventions
that set standards for building and plumbing that are over and
above the National Construction Code or state regulations. BMF
Communique that outlines the outcomes which can be now.
More....
How to Improve Construction Productivity
The construction industry is a major contributor both
directly and indirectly to the Australian economy. It is an
industry that employs around 1 million Australians, and had
turnover of $233 billion in 2013-14, equating to 14 per cent of
GDP. Yet the construction industry in Australia commonly wastes
over 30 per cent of its efforts (28 August 2015).
More...
Arbitration: Final and Binding
Arbitration is an established feature of dispute
resolution in the construction sector. The point many fail to
appreciate is that if arbitration is identified as the dispute
resolution process of choice in a contract, an arbitrator's
"final award" is usually just that – final ( 28
August 2015). More...
Practice and courts
$100 million "leaky building" class action
against James Hardie gaining momentum
More than 1,400 "leaky building" owners have
registered to join a $100 million class action suit against the
James Hardie Group of companies, seeking compensation for damages
caused by the cladding manufacturers faulty products. Those
registered for 'The Plaster Cladding Class Action' come
from as far as Britain and Australia, but the majority of the
registered are New Zealand-based. More... More...
New Safety Standards in Building
NSW BPB: Have your say about proposed
certification and building regulation reforms
Submissions close at 5pm on 21 September 2015.
More...
VIC: Tenders invited for Midland Highway—Doyles
Road Intersection Upgrade
Tenders have been called for a $7.5 million roundabout
upgrade project in Shepparton East. The roundabout and approach
will be upgraded to two-lanes, to increase traffic capacity and
improve access and safety (21 August 2015).
More...
VIC: VBA Mail 21 August
Expanding the National Construction Code to include
on-site gasfitting; ESV warning about non-compliant fire-resistant
boards; What is protection work; Accreditation update for home
energy rating software; Upcoming EPA inspections; Victorian
compliance certificate activity for June 2015. More...
Cases
Illawarra Retirement Trust v Denham Constructions
Pty Ltd [2015] NSWSC 1173
BUILDING AND CONSTRUCTION – adjudication
determinations – whether adjudicator failed to decide an
essential element of contractor's claim – where principal
claimed liquidated damages for delay, and took cash security to
set-off those damages – where contractor claimed that extent
of delay was reduced by extensions of time that it was or should
have been allowed – where an earlier adjudication
determination had found that principal's entitlement to
liquidated damages was nil – where that position was
re-affirmed in the present adjudication determination –
result that it was unnecessary to decide contractor's
submission as to extensions of time – consequence that
adjudicator decided all that was necessary for the determination
under review – alternative issue estoppel argument does not
arise BUILDING AND CONSTRUCTION – adjudication
determinations – error of law on the face of the record
– unavailability as a ground of review for determinations of
adjudicators BUILDING AND CONSTRUCTION – adjudication
determinations – whether enforcement of statutory right can
be restrained by permanent injunction – whether
superintendent's certificate later issued, determined final
rights of parties – where that certificate issued under a
contractual clause which discharged liability only in relation to
termination itself – whether liability in other respects
discharged – consequence that both the statutory right to
enforce the adjudication determination, and the contractual right
to enforce the superintendent's certificate, remain available
to the parties.
More...
H K Developments Pty Ltd v Carter
[2015] QCAT 297
BUILDING – where the builder issued a progress
claim for payment – where owner failed to pay the progress
claim – where builder suspended the works – where owner
terminated the contract – where the builder seeks final
payment for completed building work and variations – where
owner alleged practical completion not reached. More...
Commercial Industrial Construction Group Pty Ltd v
King Construction Group Pty Ltd & Anor
[2015] VSC 426
BUILDING AND CONSTRUCTION - Building and Construction
Industry Security of Payment Act 2002 (Vic) - Application for
judicial review of a determination of an adjudicator –
Application for writ of certiorari to quash a decision of an
adjudicator – Jurisdictional error – Error of law on
the face of the record – Adjudication set aside –
Validity of payment claim – Calculation of reference date for
payment claim – Payment claim served more than once in
respect of reference date – Right to progress payment –
Whether work required to be done since preceding reference date
– Building and Construction Industry Security of Payment
Act 2002 (Vic) application of ss 9(1), 9(2), 14(8),
14(9). More...
Other
Adapt Constructions Pty Ltd v Whittaker and
Luff [2015] ACTSC 188
CONTRACTS – Building, Engineering and Related
Contracts – defective building work – damages –
whether cost of demolition and rebuild reasonable –
liquidated damages – rate of liquidated damages for delay
'zero' – whether intended to exclude claim for
unliquidated damages for delay – procedural fairness –
natural justice – credibility of witnesses. 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.