Australia: Construction & Infrastructure - What's News - 29 February 2016

Last Updated: 11 March 2016
Article by Troy Lewis, Janelle Kerrisk and Stephen Burton

Most Read Contributor in Australia, September 2017

In the media

Major building firm in court for allegedly discriminating against subcontractor
A tiling company who had a legal enterprise agreement (EBA) registered with the Fair Work Commission was refused a contract with a Queensland construction company because the agreement was not endorsed by the CFMEU, according to a claim lodged in the Federal Circuit Court (25 February 2016).   More...

Actions to be taken on Fire Safety in High Rise Buildings
At the Building Ministers' Forum (BMF) of 19 February 2016, Ministers agreed to work cooperatively to implement a range of measures to address safety issues associated with high risk building products, specifically associated with cladding used in high rise buildings (24 February 2016).  More...


Jobs Boost From $400 Million Longford Pipeline Project
The Minister for Energy and Resources Lily turned the first sod on Esso Australia's $400 million Longford pipeline replacement project at Rosedale, near Sale. The project will create around 500 construction jobs (17 February 2016).  More...

VBA Releases External Wall Cladding Audit Report
The Victorian Building Authority (VBA) External Wall Cladding Audit has found Melburnians can continue  to have confidence in the safety of the buildings they live in and use but that non-compliance in the use of external wall cladding materials is unacceptably high (17 February 2016).  More... 

New South Wales

Delivering more social housing
The plan to deliver an estimated $2.5 billion of new social, private and affordable housing and housing infrastructure to the heart of Sydney's West has begun (26 February 2016).  More...

Delta Constructions Prosecuted
Parramatta Local Court convicted Delta Constructions Australia Pty Ltd for not providing a certificate of insurance despite having received payment of $10,000, and not providing the consumers with a written contract that complied with the Home Building Act 1989. Further, the building contract presented to the consumers did not comply with the requirements set out in the Act (19 February 2016).  More...


Collaborative national approach to improving building safety standards
Building ministers from across the country have established a national response to restricting the use of non-conforming building products. Further work will continue with the Australian Building Codes Board to review the National Construction Code related to high risk building products (25 February 2016).   More...

Queensland housing construction on the rise
Construction of new houses in Queensland grew by almost 23 per cent over the year to December quarter 2015, reflecting stronger confidence in the state's economy under the Palaszczuk Government, Treasurer Curtis Pitt said today (24 February 2016).  More...

Seniors housing initiative for regional Queensland
A new Palaszczuk Labor Government initiative plans to build adaptable housing in regional communities with a pilot scheme targeting up to four towns in Central West and North West Queensland(24 February 2016).   More...

Renewable energy investment and job boom looms for Queensland
Almost $2.5 billion in renewable energy projects have been proposed across regional Queensland in response to the Palaszczuk Government's energy policies. These projects are spread across the State and from a range of technologies including solar, wind and biomass (18 February 2016).  More...

Fears flammable non-compliant cladding used on Gold Coast construction sites
An investigation is underway into potentially flammable cladding being used on Gold Coast building sites (19 February 2016).   More...

$70 million infrastructure funding brought forward
The Palaszczuk Government's $70 million critical regional infrastructure fund has been accelerated by six months to stimulate jobs and economic growth in regional Queensland (18 February 2016).  More...


Australian infrastructure plan
Infrastructure Australia: 17 February 2016
Presents the infrastructure challenges and opportunities Australia faces over the next 15 years and the solutions required.  More...

Practice and courts

Building Ministers' Forum
The last BMF was held on 19 February 2016 at Bond University on the Gold Coast. This meeting focused on strategies and measures to ensure the community can continue to have confidence in the safety of buildings in Australia (19 February 2016).  More...

Agency raises asbestos imports at Senate Inquiry into non-conforming building products
The Chief Executive Officer of the Asbestos Safety and Eradication Agency appeared at the Senate Economics References Committee Inquiry into non-conforming building products hearing on 15 February 2016 in Melbourne to discuss the illegal importation of asbestos-containing materials in the building industry.  More...

AIBS: Construction Product Alliance Autumn 2016 Non- Conforming Product Update
The Construction Product Alliance (CPA) has released their Autumn 2016 Non-Conforming Product Update (26 February 2016).  More...

Announcements, Draft Policies and Plans released 2015

NSW Parliament: Committees - Inquiries receiving submissions
Inquiry into Procurement of government infrastructure projects, closes 12 February.

NSW: Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015and Mining and Petroleum Legislation Amendment (Land Access Arbitration) Act 2015
These are expected to come into effect on 1 March. Prosecution guidelines, enforceable undertakings guidelines, community consultation code and drilling guideline will also be released at this time.  More...

QLD: Draft guideline: master planning for priority ports
The Queensland Government is advancing master planning for priority ports - Gladstone, Abbot Point, Townsville and Hay Point/Mackay in accordance with the Sustainable Ports Development Act 2015 and consistent with the Reef 2050 Long-Term Sustainability Plan. The Draft guideline: master planning for priority ports is available for public comment until 14 March 2016.  More...

QLD QBCC: New adjudication qualification course starts April 2016
A three day course will be delivered by Contract Administration Group Pty Ltd.  More...

QLD: Have your say on the Security of Payment discussion paper
The Security of Payment discussion paper has now been released and is available for detailed feedback. This aims to improve security of payment for subcontractors in the building and construction industry. Submissions close on 31 March 2016.  More...

QBCC Disciplinary actions

Licensees suspended or cancelled - 14 January to 21 February 2016 (PDF).

Licensees excluded - 14 January to 21 February 2016 (PDF).  


J Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126
BUILDING AND CONSTRUCTION – adjudication determination – whether adjudicator committed jurisdictional error – whether amounts owing by a subcontractor under a construction contract can be setoff against a payment claim – whether contractual provisions imposing conditions on payment of a payment claim are void - Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8, 9, 10 and 34 EQUITY – fraud – setting aside adjudication determination obtained by fraud EVIDENCE – application of the principle in Jones v Dunkel PRACTICE AND PROCEDURE – whether party bound by way case conducted before an adjudicator.  More...



Subordinate Legislation as made
No 5 Queensland Building and Construction Commission and Other Legislation Amendment Regulation (No. 1) 2016 – Tabled 16 February 2016 – amends the Building Act 1975; Building and Construction Industry Payments Act 2004; Plumbing and Drainage Act 2002; Professional Engineers Act 2002; Queensland Building and Construction Commission Act 1991; State Penalties Enforcement Act 1999.

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.