Australia: Construction & Infrastructure - What's news - 23 November 2015

Last Updated: 29 November 2015
Article by Troy Lewis, Janelle Kerrisk and Stephen Burton

Most Read Contributor in Australia, September 2017

In the media


James Hardie cuts asbestos compo fund payments
Big building products maker James Hardie slashes its contribution to its legacy asbestos compensation scheme despite increases in profit and cash flow (20 November 2015).  More...

Major countries restrict financing for coal plants
Members of the 34-nation Organisation for Economic Cooperation and Development (OECD) agreed Tuesday to limit public funds for exporting coal-fired power plants and equipment. The agreement came after months of negotiations (18 November 20915).   More...

Funding for 2GW of large-scale solar sought from Clean Energy Finance Corporation
The Clean Energy Finance Corporation (CEFC) has received strong market interest from more than 40 domestic and international project developers pursuing investment opportunities in the development of Australia's large-scale solar capacity (17 November 2015).  More...

Safety warning over fabricated Chinese steel flooding Australian market
The Australian steel industry issues a warning about the safety standards of steel products being imported from overseas, saying the fabricated products could result in a "terrible accident" (17 November 2015).   More...

Samarco mine disaster: BHP refuses to admit knowledge of report of 'design faults'
The fallout from the Brazilian mudslide disaster is deepening for BHP Billiton after the emergence of a two-year old report warning of design flaws in the tailings dam system at its iron ore joint venture that unleashed a deadly mudslide last week (12 November 2015).  More...


Centrepiece of Melbourne Metro Rail to be built through Public Private Partnership
The centrepiece of the biggest public transport infrastructure project in Victoria's history will be built through a partnership between Government and the private sector (19 November 2015).  More...

Water projects fast-tracked for communities facing drought
The Andrews Labor Government has announced a $27 million package of measures to support communities dealing with ongoing dry conditions across Victoria (16 November 2015).  More...

New South Wales

WestConnex the triple bypass for Sydney
The WestConnex motorway business case refines the scope and updates the costs for the three vital motorways needed to bring down Sydney's congestion says Infrastructure Partnerships Australia (20 November 2015).  More...

Sydney's new world-class rail one step closer
The formal planning process for Sydney Metro City & Southwest has begun, bringing new world-class metro rail one step closer for the city. The Massive new harbour crossing project starts 2018 (16 November 2015).  More...  More...


Pipeline win for Queensland
The Premier Annastacia Palaszczuk has welcomed the Northern Territory's announcement that water and energy infrastructure company Jemena had won the tender to build the Northern Territory gas interconnector from Tennant Creek to Mount Isa (17 November 2015).  More...

Queensland welcomes $1.7 billion LNG investment
Premier Annastacia Palaszczuk has welcomed an announcement  of QGC's $1.7 billion investment in the LNG industry, with Queensland's LNG exports e projected to hit $15 billion by 2016-17 (16 November 2015).  More...

Queen's Wharf Brisbane delivers – jobs, public spaces, dollars
The lucrative final deal on the $3 billion Queen's Wharf Brisbane development will deliver more than $1 billion to state coffers (16 November 2015).  More...

Renovation boom hits Queensland
Queenslanders are renovating their homes in large numbers, with more than 57,000 renovations at an average cost of $33,000 each for the 2014-15 financial year. The most in demand trades are carpenters, tilers, bricklayers and concreters (10 November 2015).  More...

Published – articles, papers, reports

Carmichael in context: Briefing paper
Cameron Amos, Tom Swann: The Australia Institute
The Australian government has recently approved Adani's Carmichael coal project. If built, it would be the biggest coal mine in Australia. This report puts the vast scale of Carmichael into perspective (12 November 2015).  More...

Mining and the Australian economy: the Australian Government's priorities for the mining sector
The Minister for Resources, Energy and Northern Australia, the Hon Josh Frydenberg MP, addressed the International Mining and Resources Conference, November 2015.  More...

Practice and courts

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...

Select Committee on Unconventional Gas Mining
On 12 November 2015, the Senate resolved to establish the Select Committee on Unconventional Gas Mining. The committee is to inquire on the adequacy of Australia's legislative, regulatory and policy framework for unconventional gas mining including coal seam gas (CSG) and shale gas mining, and provide a final report to the Senate on or before 30 June 2016.  More...

CASE UPDATE: Stage 3 New Acland Coal Mine objection
12 November 2015 - At a directions hearing on 9 November 2015, the Land Court set the matter down for hearing to commence on NAC's requested date of 1 March 2016. NAC has filed evidence that it must obtain the relevant ML and EA approvals by August 2016. The Court will review the case on 17 December 2015 in Brisbane.  Directions Order of 9 November 2015 - There were 27 objectors to the mining leases and 35 objectors to the draft environmental authority; of those, 14 have elected to play an active role in the court proceedings.   More...


The White Ant Co Pty Ltd v Robson [2015] NSWCA 345
CONTRACT – construction – whether the liability provision of a deed could be enlivened otherwise than by the operation of other provisions of the deed – whether the plaintiffs at trial had pleaded that the defendant was liable on some basis other than the terms of the deed.  More...

SSC Plenty Road v Construction Engineering (Aust) & Anor [2015] VSC 631

BUILDING CONTRACTS – Building and Construction Industry Security of Payment Act 2002 (Vic) (the "Act") – Whether a contractual provision in the relevant construction contract that mandates attendance of the parties at mediation is a "method of resolving disputes" for the purposes of s 10A(3)(d)(ii) of the Act – Whether adjudicator valued work in accordance with the Act – Valuation task of adjudicator under the Act considered – Whether terms of construction contract void under s 48 of the Act for inconsistency with the Act.  ADMINISTRATIVE LAW – Judicial review – Determination of an adjudicator appointed under the Building and Construction Industry Security of Payment Act 2002 (Vic) (the "Act") – Whether error of law amounting to jurisdictional error – Robust approach to be taken to review of adjudicator's valuation – Standard of adjudicator's reasons towards the lower end of the scale - Certiorari to quash the decision allowed in part.  STATUTORY INTERPRETATION – Contemporary maxim "Laws must not command the impossible".  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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