Australia: Construction & Infrastructure - What's News - 12 April 2016

In the media

Commonwealth

Moveable solar power shifts closer to commercial reality
Laing O'Rourke's moveable solar-diesel power plant with advanced control systems has been successfully piloted and will be commercialised through the newly formed SunSHIFT Pty Ltd (08 April 2016).  More...

Capturing the value of the private sector on transport connectivity
National and international private sector infrastructure companies will have the opportunity to discuss pricing mechanisms for new or improved transport infrastructure projects in Sydney tomorrow as part of the inquiry into the role of transport connectivity on stimulating development and economic activity (06 April 2016).  More...

Grattan Institute: Roads to Riches: Better transport spending
Australian governments have spent unprecedented sums on transport infrastructure in the past decade, and while important projects have been built, the overall investment has been poorly directed (03 April 2016).  More...

Engineering firms fined $1.5m over worker's death at Southbank
Two national engineering companies have been fined $1.5 million for criminal safety violations after a worker fell 40 metres to his death in Melbourne's Southbank precinct (28 March 2016).  More...

Victoria

Monash upgrade the centrepiece of Turnbull Government's Victorian infrastructure package
The Turnbull Government has committed to an additional $1.5 billion to get on with essential infrastructure to support Victoria's regions and ensure Melbourne retains its mantle as one of the most liveable cities in the world (08 April 2016).  More...

PM gives Victoria spending list for shelved East West Link funds
The Prime Minister gives Victoria a list of road and rail projects to be paid for with $1.5 billion earmarked for Melbourne's dumped East West Link, demanding a "dollar for dollar" contribution from the State Government (04 April 2016).   More...  More...

Victorian houses need better energy standards, and a scorecard might help
Victoria could be one step closer to mandatory residential energy efficiency ratings, after extremely poor results were returned from a trial of a Residential Efficiency Scorecard designed for Victorian homes.  More...

New South Wales

"Construction king' Sydney dominates Crane Index
Almost half of Australia's cranes are on Sydney's skyline making it the nation's "construction king", the latest RLB Crane Index shows. Treasurer Gladys Berejiklian said the New South Wales Government's state focus on delivering new roads, rail, hospitals and schools has boosted the construction sector (097 April 2016).  More...

New South Wales housing approvals continue to fall
The February data on housing approvals indicates a continuing fall in NSW from June 2015, says the Urban Taskforce (06 April 2016).   More...

Queensland

Palaszczuk Government will establish new authority to deliver Cross River Rail
The Palaszczuk Government has announced plans to establish an authority to deliver Cross River Rail, the number one priority infrastructure project for Queensland (07 April 2016).  More...  More...

Infrastructure funding process less burdensome
Queensland councils can take advantage of the new streamlined application process for the $200 million Building Our Regions program. Applications for the second round, in which $70 million will be allocated, opened on Monday. Local Government Association of Queensland chief executive officer Greg Hallam said the new application process would reduce the burden on councils (07 April 2016).  More...

$1 billion hotel to boost tourism economy and support 2,700 jobs for Gold Coast
Construction has now started on a $1 billion hotel development on the Gold Coast, which will provide a significant boost to the city's high-end tourism market (06 April 2016).  More...

Construction on track in race to 2018 Commonwealth Games
With two years to go until the Gold Coast 2018 Commonwealth Games, the $320 million construction program for competition venues is on track and on budget, with all new and upgraded facilities set to be delivered within the next 12 months (04 April 2016).  More...

Carmichael mine approvals put thousands of new jobs step closer
Thousands of new jobs in regional Queensland have come a major step closer with approval of the mining leases for the $21.7 billion Carmichael coal mine and rail project in the State's Galilee Basin (03 April 2016).  More...

Giant step forward for new biofuels industry in Queensland
A $16 million advanced biofuels pilot plant will be built at Southern Oil Refining's Yarwun plant at Gladstone, a 'giant' step towards securing a large-scale biofuels industry in Queensland (29 March 2016). More...

Published

Roads to Riches: Better transport spending
Grattan Institute
Our big cities are the engines of Australia's economic growth, but investment has not prioritised vital urban freight and passenger routes (released 03 April 2016).  More...

Is 'Shovel-Ready' the Right Test? Sensible Objectives for Commonwealth Infrastructure Policy
Paul Fletcher Speech delivered at the Centre for Independent Studies Leadership Luncheon 05 April 2016, Sydney Is 'Shovel-Ready' the Right Test? Sensible Objectives for Commonwealth Infrastructure Policy.

Cases

Kyle Bay Removals Pty Ltd v Dynabuild Project Services Pty Ltd [2016] NSWSC 334
BUILDING AND CONSTRUCTION – adjudication of payment claim under Building and Construction Industry Security of Payment Act 1999 (NSW) – whether payment claim should be set aside – where payment claim made for same amount and works as earlier payment claim and no works completed after earlier claim – where building contract allowed for later reference date – whether two payment claims made in relation to same reference date contrary to s 13(5) – where earlier payment claim not accompanied by supporting statement contrary to s 13(7) – whether earlier payment claim served for purpose of s 13(5) – whether payment claim made in contravention of s 13(8).  More...

John Urquhart t/as Hart Renovations v Partington & Anor [2016] QCA 087
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – where the applicant seeks leave to appeal under s 150(3) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) against a decision of the Appeal Tribunal of the Queensland Civil and Administrative Tribunal (QCAT) which set aside the decision of a Tribunal Member – whether the interests of justice warrant the Court's intervention.  CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – PROGRESS PAYMENTS – where the applicant performed domestic building work on the residence of the respondents – where a dispute arose in connection with the respondents' failure to pay the applicant's progress claim – where the respondents assert the works had not reached the enclosed stage and there were defects – where in first instance the Queensland Civil and Administrative Tribunal Member concluded the enclosed stage had been reached and the respondents' failure to pay the progress claim put them in substantial breach of the contract – where the Appeal Tribunal of the Queensland Civil and Administrative Tribunal concluded the Member had erred in finding the enclosed stage had been reached – whether the Appeal Tribunal erred in its interpretation of "structural flooring" and its conclusion on the topic of whether the enclosed stage of the building works had been reached.  More...

Metricon Homes v Softley [2016] VSCA 60
APPEALS – Court of Appeal – Application for leave to appeal against decision of Victorian Civil and Administrative Tribunal – Whether Supreme Court Act 1986 ss 14A–14D apply – Whether 'real prospect of success' test in Supreme Court Act 1986 s 14C applies – Comparison of 'real prospect of success' test with test in Secretary to the Department of Premier and Cabinet v Hulls [1999] 3 VR 331 – Victorian Civil and Administrative Tribunal Act 1998 s 148 – Ikosidekas v Karkanis [2015] VSCA 121 considered.  STATUTORY INTERPRETATION – Legislative intention – Interpretation of two State Acts – Whether inconsistency arises – Victorian Civil and Administrative Tribunal Act 1998 s 148 – Supreme Court Act 1986 ss 14A–14D.  JUDICIAL REVIEW – Application for leave to appeal against decision of Victorian Civil and Administrative Tribunal – Building contract – Applicant's breach of contract resulted in slab heave and structural distress in respondents' house – Whether Tribunal erred in assessing damages as cost of demolishing and rebuilding house – Whether Tribunal failed to provide adequate reasons – Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613, Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8; (2009) 236 CLR 272 and Kirkby v Coote [2006] QCA 61 applied – Leave to appeal granted – Appeal dismissed.  More...

Legislation

Queensland

No 30 Queensland Building and Construction Commission Amendment Regulation (No. 1) 2016 -01 April 2016 - Queensland Building and Construction Commission Act 1991 - The objective of the Queensland Building and Construction Commission Amendment Regulation (No. 1) 2016 (QBCCAR) is to make minor amendments to the Queensland Building and Construction Commission and Other Legislation Amendment Regulation (No. 1) 2016 (QBCCOLAR) to refine the scope of two licensing amendments due to commence on 1 April 2016.  This amends the Queensland Building and Construction Commission Act 1991 – to Clarifying that Builder – Low Rise and Builder – Medium Rise licensees cannot undertake higher risk fire protection work.

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