In the media
Latest GBCA partnership to boost healthy building in
Australia
The Green Building Council of Australia (GBCA) will
collaborate with the International WELL Building Institute (IWBI)
to promote good health and wellbeing in the design, construction
and operations of buildings, fitouts and communities in Australia
(24 March 2016).
More...
Australian Infrastructure Metric
The December quarter Australian Infrastructure Metric
forecasts a construction recovery ahead, led by major transport
infrastructure projects in New South Wales and Victoria, according
to data produced by Infrastructure Partnerships Australia (IPA) (21
March 2016).
More...
Northern Australia Infrastructure facility moves
ahead
The Government has introduced legislation to establish the
$5 billion Northern Australia Infrastructure Facility (NAIF), a
centrepiece of the White Paper on Developing Northern Australia (17
March 2016).
More...
Housing construction to fall sharply over the next two
years
The Housing Industry Association expects new home building
activity will begin to slowly decline in the latter part of 2016,
before falling sharply in 2017 and 2018 (16 March 2016).
More...
New South Wales
City of Sydney to provide more creative space by easing
building regulations
A new plan championed by the City of Sydney aims to
support creative enterprises by allowing old buildings to be
transformed into creative spaces. New Ideas for Old Buildings is on
public exhibition until 29 April (22 March 2016).
More...
Queensland
Queensland's infrastructure spending too important
for grandstanding
Queensland's Deputy Premier Jackie Trad says $35
billion worth of planned infrastructure spending – including
$500 million in new funding – is too important to be used for
political grandstanding by the crossbench (18 March 2016).
More...
Victoria
Victorian building permits top $29
billion in 2015
At almost $30 billion, Victoria has just recorded its
biggest year ever for the value of building work reported to the
Victorian Building Authority (VBA) (23 March 2016).
More...
Trial looks to space to help detect water leaks
Technology developed to search for water on other planets
could benefit the Victorian Water Industry, with a trial now under
way to test its capacity to detect leaking water mains (16 March
2016). More...
Charges laid following EPA investigation into Hazelwood
mine fire
The EPA has charged a number of companies with air
pollution offences under the Environment Protection Act following a
comprehensive investigation into the Hazelwood mine fire which
started on 9 February 2014 (15 March 2016).
More...
Published
IPA: Australian Infrastructure Metric - December Quarter
2015
The December 2015 quarter maintained strong levels of
civil construction work won;
underpinned by strong roads and gas-related investment. However,
headline work won
continues to be held down by vanishing investment in the mining
sector (21 March 2016).
More...
Practice and courts
ABCB NCC Seminars 2016
The national seminars, running in February and March 2016
are presented by the ABCB and Standards Australia. These seminars
will be held in each Australian capital city and will provide
valuable information to building and plumbing practitioners on the
changes included in the NCC 2016, which comes into effect on 1 May
2016. Visit the ABCB website.
Announcements, Draft Policies and Plans
Queensland: New adjudication qualification course starts
April 2016
A three day course will be delivered by Contract
Administration Group Pty Ltd.
More...
Queensland: 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...
Cases
Queensland Nickel Pty Limited v Commonwealth of
Australia [2016] FCA 290
PRACTICE AND PROCEDURE – amendment of pleadings – where
amendment raises a separate cause of action – meaning of
'action on the case' – express or implied threat by
Government Authority – causation of damage
Corporations Act 2001 (Cth) ss 472, 477, 506, 1321
Corporations Regulations 2001 (Cth) regs 5.6.23, 5.6.47, 5.6.49,
5.6.50, 5.6.63, 5.6.65. More...
Thiess Pty Ltd v Dobbins Contracting Pty Ltd [2016]
NSWSC 265
NEGLIGENCE – duty of care – application of ss 5B and 5D
of Civil Liability Act – whether Second Defendant owed duty
of care to the Plaintiffs – where Second Defendant followed
instructions of senior worker – where Second Defendant found
to have exercised such duties with reasonable care and diligence
– no breach of duty by Second Defendant – causation
does not arise CONTRACT – breach of contract –
whether Second Defendant breached express or alleged implied terms
of the contract – whether course of dealing existed to give
effect to those terms – court held implied term of contract
that Second Defendant would exercise reasonable care and skill in
undertaking work under the contract – determination of breach
of contract unnecessary as liability falls under ss 5B and 5D of
Civil Liability Act BAILMENTS – bailment for reward
– whether employees take constructive possession of excavator
– in circumstances of the case bailment not made out –
each employee was taking a necessary safety precaution, not
asserting a possessory right.
More...
QNI Resources Pty Ltd & Anor v Sino Iron Pty Ltd
& Ors [2016] QSC 062
PROCEDURE – CIVIL PROCEDURE IN STATE AND TERRITORY COURTS
– PLEADINGS – STRIKING OUT – DISCLOSING NO
REASONABLE CAUSE OF ACTION OR DEFENCE – where the plaintiffs
allege that the defendants' refusal to make payments to a
related corporation constituted unconscionable conduct under s 21
of the Australian Consumer Law – where the plaintiffs allege
that the refusal, and consequent lack of payment to the plaintiffs
by the related corporation, prevented the plaintiffs from
converting some of their plant and thereby saving costs –
where the costs savings not made were claimed as loss or damage
– where the defendants apply to strike out the claim and
statement of claim – whether the plaintiffs' allegation
of unconscionable conduct is adequately supported by the pleaded
facts that could reasonably support inferences of the alleged
motives, intentions or other conditions of mind – whether the
loss or damage claimed by the plaintiffs is recoverable as loss or
damage suffered "because of" the contravening conduct.
More...
BM Alliance Coal Operations Pty Ltd & Ors v BGC
Contracting Pty Ltd [2016] QSC 055
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– PLEADINGS – STRIKING OUT – DISCLOSING NO
REASONABLE CAUSE OF ACTION OR DEFENCE – where the plaintiff
owner entered into a contract with the defendant contractor to
construct an earthworks dam – where the plaintiff terminated
the contract – where the plaintiff's claim is for damages
for breach of contract and repudiation – where the plaintiff
alleges it is necessary to rectify the defendant's breaches of
the contract specified in the statement of claim and claims the
costs of rectification as loss and damage – where the
defendant applies to strike out paragraphs of the plaintiff's
statement of claim on the basis that the paragraphs failed to
assert a causal nexus between the alleged breaches and the items of
loss or damage – where the plaintiff relies on the
application of the "ruling principle" for the assessment
of damages for breach of contract – whether sufficient
material facts are pleaded by the plaintiff to support the cause of
action for damages for breach of contract. More...
Griffin v VWA & Ors [2016] VSC 101
NEGLIGENCE – Contribution between defendants – employee
on building site – contribution between employer, head
contractor and subcontractors – scope of duty owed by head
contractor and subcontractors – contract between defendants
– breach of statutory duty – apportionment between
defendants – contribution from other tortfeasors –
Wrongs Act 1985 (Vic) Part IV. More...
Krongold Constructions (Aust) v SR & RS Wales [2016]
VSC 94
ADMINISTRATIVE LAW – Judicial review – Adjudication
Determination under Building and Construction Industry Security of
Payment Act 2002 (Vic) – Whether Adjudication Determination
reviewable for jurisdictional error
BUILDING AND CONSTRUCTION – Building and Construction
Industry Security of Payment Act 2002 (Vic) – Payment claim
– Whether construction work sufficiently identified –
Whether adjudication application made pursuant to the Act. More...
Legislation
Commonwealth
Northern Australia Infrastructure Facility Bill
2016
A Bill for an Act to establish the Northern Australia
Infrastructure Facility
(Registered 18 Mar 2016; Introduced HR 17 March 2016). More...
Northern Australia Infrastructure Facility
(Consequential Amendments) Bill 2016
A Bill for an Act to deal with consequential matters
arising from the enactment of the Northern Australia Infrastructure
Facility Act 2016 (Registered 18 March 2016; Introduced HR 17 March
2016). 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.