Australia: Construction & Infrastructure - What's News - 10 November 2015

Last Updated: 15 November 2015
Article by Troy Lewis, Janelle Kerrisk and Stephen Burton

Most Read Contributor in Australia, September 2017

In the media


New Statement of Expectations issued to Infrastructure Australia
The Australian Government has issued a new Statement of Expectations to Infrastructure Australia for the period 1 November 2015 to 30 June 2017 (02 November 2015). More...

Inland Rail major technical services tender now open
The Australian Government's iconic Inland Rail project is gathering momentum with the major technical advisory tender advertised nationally (31 October 2015). More...

Apartment building to drive turnaround for construction industry in next financial year: outlook report
Apartment building and a larger pipeline of infrastructure activity are expected to drive a turnaround in construction work in Australia in the next financial year according to the latest Construction Outlook survey by the Australian Industry Group (Ai Group) and the Australian Constructors Association (ACA) (30 October 2015). More...


Jobs And Education Precinct A Step Closer For Melbourne's West
The development of a new education and jobs precinct in Melbourne's west has moved a step closer, with the Andrews Labor Government nominating the Australian Education City consortium as the preferred bidder for the East Werribee Major Development Parcel ( 06 November 2015). More...

New Scheme To Increase Energy Efficient Buildings
It's now easier for Victorian businesses to upgrade their buildings to be more energy efficient and sustainable, with new laws coming into effect this week. Under new Environmental Upgrade Agreements, businesses can borrow money through an approved lender to pay for environmental upgrades to their building (05 November 2015). More...

Lacrosse tower cladding scandal: builder must pay, says owner
Furious Lacrosse Tower apartment owners have demanded builder LU Simon pay to replace flammable, non-compliant cladding after copping a $16 million plus order to replace it. Owners have been given 350 days to replace the aluminium cladding to bring the building into line with the building code and fire and safety regulations (29 October 2015). More...

New South Wales

Independent planning decision for Mt Thorley Warkworth mine
A final decision on the application to extend the Mt Thorley and Warkworth mines will be made by the independent Planning Assessment Commission (06 November 2015). More...


CIMIC wins $250m QGC contract
CIMIC Group will deliver gas infrastructure for QGC in Queensland's Surat Basin after winning a contract worth $250 million in revenues. Construction is expected to begin late this year for completion in 2017 (03 November 2015). More...

Bruce Highway upgrade shortlist announced
A shortlist of proponents to submit proposals for the detailed design and construction of the Bruce Highway upgrade project from Caloundra Road to the Sunshine Motorway has been announced. More...

Green light for Burdekin solar farm
The Queensland Government today announced approval of one of the country's largest solar farms at Clare in the Burdekin Shire which will create 200 construction jobs (29 October 2015). More...

Expert-led board appointed to build Queensland's future
The Palaszczuk Government today announced the eight-member board of Building Queensland, delivering a key election commitment and ensuring a whole-of-government perspective is brought to major infrastructure planning, prioritisation and investment (28 October 2015). More...


Nichols v Earth Spirit Home Pty Ltd [2015] QCA 219
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – LEGALITY – where the applicant sought leave to appeal against a decision of the Queensland Civil and Administrative Tribunal, in its appellate jurisdiction, upholding a decision at first instance to enforce an entirely oral building contract between the applicant and the respondent – whether a wholly oral building contract is enforceable, having regard to certain provisions of the Queensland Building and Construction Commission Act 1991 (Qld) which provided that a person who entered into non-written contracts for building work above a prescribed amount committed an offence, and related public policy considerations – whether the respondent was entitled to recover the judgment sum on a restitutionary basis. More...

Wiggins Island Coal Export Terminal Pty Ltd v Monadelphous & Ors [2015] QSC 309
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER THE UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – PLEADING – STATEMENT OF CLAIM – where the fourth defendant applied to strike out part of the statement of claim on the basis that it had no reasonable cause of action against the fourth defendant – where the plaintiff alleges an overpayment to the first and second defendants pursuant to an adjudication certificate under the Building and Construction Industry Payments Act 2004 (Qld) – where the fourth defendant is the guarantor and indemnifier of the first and second defendants' liability to the plaintiff – whether the alleged overpayment is due and payable by the first and second defendants to the plaintiff – whether the alleged liability of the fourth defendant as guarantor and indemnifier has arisen – whether the impugned paragraphs in the statement of claim should be struck out. More...

Wiggins Island Coal Export Terminal Pty Ltd v Monadelphous Engineering Pty Ltd & Ors [2015] QSC 307
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where the where the applicant challenged an adjudicator's decision under the Building and Construction Industry Payments Act 2004 (Qld) – applicant argued the adjudicator had no power to order the applicant to pay any sum of money to the respondents because the relevant construction work was excluded from the operation of the Act by s 3(4) – whether the fabrication of equipment including a Shiploader and Tripper in Malaysia was a contract for construction work a type excluded from operation of the Act by s 3(4) – whether fabrication of the equipment fell within the definition of "construction work" in s 10 or "related goods and services" in s 11 – where the equipment was regarded as components to form part of the wharf structure, which was subject of another contract between the parties – close connection between the operation within s 10(1)(e) and construction work of a kind within s 10(1)(a), (b) or (c) – where even though the fabrication of equipment was carried out outside Queensland, the contract was providing for part of the construction of a structure in Queensland – where the operation of the Act was not displaced by s 3(4) and the adjudicator had jurisdiction – where the applicant argued, in the alternative, that the adjudicator failed to consider the applicant's submissions and evidence in a way that involved jurisdictional error – applicant argued the adjudicator wrongly concluded that applicant's adjudication response went beyond the reasons for withholding payment identified in its payment schedule – no finding that the adjudicator's treatment of the applicant's submissions and evidence involved a jurisdictional error but if there was an error it was not one which affected the validity of the adjudicator's decision – where the applicant was not denied natural justice by being deprived of an opportunity to explain why the evidence was properly included in its adjudication response. ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – where the applicant argued the adjudicator had no jurisdiction to order it to pay any sum to the respondents because the relevant construction work was excluded from the operation of theBuilding and Construction Industry Payments Act 2004 (Qld) by s 3(4) – where the operation of the Act was not displaced by s 3(4) and the adjudicator had jurisdiction – applicant argued the adjudicator failed to consider its submissions and evidence in a way that involved jurisdictional error – no finding that the adjudicator's treatment of the applicant's submissions and evidence involved a jurisdictional error but if there was an error it was not one which affected the validity of the adjudicator's decision. ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS –– whether the applicant was denied natural justice by being deprived of an opportunity to explain why the evidence was properly included in its adjudication response – where the applicant was not denied natural justice. 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.

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