In the media
National
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).
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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).
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Victoria
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).
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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).
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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).
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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).
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Queensland
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).
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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.
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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).
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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).
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Cases
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.