In the media
Time to share the love for mega-infrastructure
projects
A win or die trying culture is increasingly prevalent in
firms bidding for mega-projects says a new report from industry
association Consult Australia. The report highlights that firms are
either winning bids and staying commercial, or failing and risking
their ongoing viability (22 October 2015).
More...
Infinity cable recall: Homeowners risk lives by refusing
inspections of dangerous electrical cables
Some homeowners are prioritising money and clean records
over their lives by refusing inspections of their homes for
recalled Infinity cables that may soon cause fires and
electrocutions (19 October 2015).
More...
Lloyd's report details emerging liability risk
Chris Mackinnon, Lloyd's general representative in
Australia, told Insurance Business that the report is of particular
interest to Australian businesses as the country was one of the
worst affected by asbestos claims and new cases of asbestos-related
illness are continuing to rise (19 October 2015).
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NBN construction footprint provides greater certainty
for development
The release of the NBN construction plan provides greater
certainty for residential development by further detailing the
footprint for the rollout which supports the efficient delivery of
new housing (16 October 2015).
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Housing costs for owners steady while housing costs for
renters increase
An increase in average household incomes has seen owners
with a mortgage spending 16 per cent of their income on housing
costs in 2013-14, down from 18 per cent in 2011-12. Caroline Daley
from the ABS said the figures show the difference in the impact of
housing costs on weekly household budgets for those renting and for
those with a mortgage (16 October 2015).
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MBA: Residential building stronger for the next two
years
Master Builders is forecasting another year of solid
growth in the value of building work done in 2015 16, providing
further impetus to the growth in the Australian economy, Peter
Jones, Chief Economist of Master Builders Australia said (14
October 2015).
More...
Feasibility study starts for largest solar farm in
Australia
Genex Power is mulling the development of a new
large-scale solar photovoltaic project at the Kidston mine site,
having appointed AECOM as feasibility manager and owner's
engineer for the project. Further opportunities for potential EPC
contractors and solar component suppliers are pending (12 October
2015).
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Victoria
City to keep moving while Melbourne Metro Rail is
built
Melbourne's CBD will keep moving while Australia's
biggest public transport project is built underneath. Six months
ago, Swanston Street was announced as the preferred alignment for
the metro tunnels and the Melbourne Metro Rail Authority began
investigating a range of measures to reduce disruption in the CBD
(21 October 2015).
More...
World-first technology to reduce power line bushfire
risk trialled in Victoria
World-first technology to prevent bushfires being sparked
by fallen power lines is being trialled in Victoria, attracting
international attention (16 October 2015).
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New South Wales
Industry and community confidence in mining
boosted
The NSW Department of Planning and Environment today
announced the publication of the first four Integrated Mining
Policy guidelines (23 October 2015). More...
Energy savings scheme will reduce living costs
The NSW Government is improving its Energy Savings Scheme
(ESS) make it more affordable for households and businesses to
purchase and install energy efficient products (13 October
2015).
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Queensland
Premier welcomes appointment of Director General
Infrastructure, Local Government and Planning
Premier Annastacia Palaszczuk has endorsed the appointment
of Mr Frankie Carroll to the role of Director-General, Department
of Infrastructure, Local Government and Planning (23 October
2015).
More...
First Gladstone LNG shipment a sign of sector
strength
Minister Frydenberg congratulated the Australian gas
industry on the first shipment of liquefied natural gas (LNG)
departing from Santos' Gladstone LNG project in Queensland (19
October 2015).
More...
Carmichael Coal Mine and Rail Infrastructure
project
The Carmichael Coal Mine and Rail Infrastructure project
has been approved in accordance with national environment law
subject to 36 of the strictest conditions in Australian history.
The project is located approximately 300 kilometres inland in
remote central Queensland. (15 October 2015).
More...
More...
All systems go for Port of Bundaberg as pipeline
receives $8.8 million funding boost
The Port of Bundaberg will potentially become a State
Development Area and the Palaszczuk Government will increase
funding to the Bundaberg Gas Pipeline from $11 million to almost
$20 million in a bid to build the port into an economic hub for the
Wide Bay region (19 October 2015).
More...
Battery trial reveals trends in customer energy
use
Early results from Ergon Energy's 12-month trial
involving battery storage, home energy management systems and
alternative electricity tariffs in Townsville are shedding light on
how technology and tariffs will shape the future energy network (15
October 2015).
More...
Report highlights economic importance of Queensland
resources sector
The economic contribution of Queensland's minerals and
energy sector is highlighted in a report released today by the
Queensland Resources Council (QRC) (13 October 2015).
More... More...
Published – articles, papers, reports
Breaking up is hard to do: Factors to consider in
packaging works for major projects
Consult Australia
The report observes that a competitive market and the long-term
viability of firms is at risk. When larger projects come to the
market again in the future, unsuccessful firms will not have the
ability to demonstrate currency, knowledge and relationships.
More...
NBN three-year construction plan
NBN Co. This plan outlines the proposed construction work
for the NBN network up to September 2018 (16 October 2015).
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Construction Journal November-December 2015
Editor, Construction Journal and Building Conservation
Journal (RICS)
20 Oct 2015 - This edition of the Construction Journal emphasises
the importance of taking notice of changes to regulation to avoid
construction-related fatalities and
injuries.
More...
Australian Bureau of Statistics
14 October 2015 -
Building Activity, Australia, Jun 2015 (cat no. 8752.0).
ACI Research Snapshot: The Profile for Residential
Building Approvals by Type and Geography
While there are signs that the monthly level of approvals
nationally has reached a peak, the level in the 2015 calendar year
is still likely to be higher than in 2014.
More...
Practice and courts
NABERS: October 2015 - Assessors Notice. More...
NABERS IEQ free trial extended to mid-November
In response to feedback from the property sector, NABERS
has announced it is extending the free trial of its new Indoor
Environment Quality tool until 16 November 2015. More...
QBCC Disciplinary Decisions
Licensees suspended or cancelled - 11 October to 18 October 2015 (PDF).
Licensees excluded - 11 October to 18 October 2015 (PDF).
Change in Pool Safety Rules
Queensland's pool safety laws have been progressively
introduced since 2009 and apply to all new and existing pools. As
from 1 December 2015, there will only be one pool safety standard
for all regulated pools. More... More...
Cases
PT Bayan Resources TBK v BCBC Singapore Pte
Ltd [2015] HCA 36
Procedure – Freezing orders – Power of Supreme
Court of Western Australia to make freezing order in relation to
prospective judgment of foreign court which would be registrable
under Foreign Judgments Act 1991 (Cth) – First
respondent commenced proceeding against appellant in High Court of
Singapore – Proceeding remains pending – First
respondent applied to Supreme Court for freezing order under O 52A
of Rules of the Supreme Court 1971 (WA) against
appellant's assets – Freezing order made – Whether
freezing order in relation to prospective foreign judgment within
inherent power of Supreme Court. Words and phrases –
"federal jurisdiction", "freezing order",
"inherent jurisdiction", "inherent power",
"prospective enforcement". More...
Basetec Services Pty Ltd v Leighton Contractors Pty
Ltd (No 4) [2015] FCA 1093
PRACTICE AND PROCEDURE – application for further
security for costs – whether there was reason to believe the
applicant would be unable to pay the respondent's costs –
where the applicant had provided security, had cash
'reserves' and had an undrawn overdraft facility –
where trial to take place within two months –
Corporations Act 2001 (Cth) s 1335. Held: Application
dismissed. More...
EPS Constructions Pty Ltd v Mass Holdings Pty
Ltd [2015] NSWCA 317
CONTRACT – formation – whether concluded
agreement reached between partners and building company –
whether primary judge erred in making findings of fact.
More...
In the matter of PPK Group Limited [2015] NSWSC
1498
CORPORATIONS – winding up – statutory demand
– application to set aside creditors' statutory demands
under Corporations Act 2001 (Cth) s 459H – whether a
genuine dispute has been established – whether offsetting
claims have been established – whether some other reason for
statutory demand to be set aside - ACMI sold engine management
systems which are a component of mining equipment known as a
"COALTRAM" which is used in underground coalmining in
high methane gas environments and is sold to end users in the
mining industry.
More...
Ryan v Worthington[2015] QCA
201
APPEAL AND NEW TRIAL – CONTRACTS – BUILDING,
ENGINEERING AND RELATED CONTRACTS – OTHER MATTERS –
where the applicant wanted to relocate, extend and add to his house
– where the applicant entered into a building contract with
the respondent – where the applicant purported to terminate
the contract as the works had not been completed within 1.5 times
the initial contract period, allowing for delays – where the
respondent submitted that the applicant breached the contract by
terminating – where the respondent also purported to
terminate the contract on the basis that there was an asserted
failure to provide free and uninterrupted access, pay the last two
progress claims, and that the applicant had taken back possession
of the works without consent – where the respondent commenced
proceedings with QCAT – where at first instances the
respondent was successful – where the applicant appealed
– where QCAT's Appeal Tribunal allowed the appeal, set
aside the orders, and remitted the matter "for determination
according to law" – where the applicant seeks leave to
challenge the decision of the Appeal Tribunal – whether the
Appeal Tribunal erred in its approach to the construction of the
contract; the proper construction of clause 15.1 and 21.1 of the
contract – whether leave to appeal should be granted –
whether the Appeal Tribunal fell into error by finding that it had
no alternative but to remit the matter. 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.