In the media
National
UDIA: Peak bodies speak on long-term infrastructure
funding
Eight concerned peak bodies, including UDIA National,
have rallied together to call on all political parties to make a
commitment to maintain long term infrastructure spending to address
the infrastructure backlog and improve national productivity in a
joint statement issued ahead of the 2 July federal election
(20 May 2016).
More...
Arcadis: Infrastructure Investment Index ranks Australia
11th globally for attractiveness
According to the findings released in their third Global
Infrastructure Investment Index, Australia appears to be playing
catch-up to make projects appear bankable to investors (19 May
2016).
More...
Increased traffic congestion a symptom of larger
infrastructure funding issue
The traffic congestion experienced by many of
Australia's major cities is a symptom of a larger
infrastructure funding issue that is taking its toll on
Australia's productivity, Mayor Troy Pickard, President of the
Australian Local Government Association (ALGA), has said 19 May
2016). More...
Australian housing more expensive than it should be:
PCA
Housing affordability is very real problem according to
the Property Council of Australia, but potential solutions being
put forward by policy makers will do little to address the issue
(19 May 2016).
More...
50% reduction in emissions and $20 billion in savings
possible, finds new ASBEC report
A new report underscores the massive potential for the
built environment to slash emissions, save money and support other
industries (12 May 2016).
More...
How zero carbon buildings can save the world – and
$20 billion
ASBEC's new report, Low
Carbon, High Performance, contains detailed economic
modelling by ClimateWorks showing how reducing emissions in the
building sector will save money, grow jobs and improve quality of
life for all Australians (12 May 2016).
More...
Victoria
Limitations for lawsuits involving building
practitioners in Victoria
Section 134 of the Victorian Building Act is the
statutory mechanism by which a lawsuit for negligence can be lodged
against a Victorian building practitioner for a period of up to 10
years from the date upon which the occupancy permit or certificate
of final inspection is issued (19 May 2016).
More...
Melbourne Metro EOI
The call for Expressions of Interest for the signalling,
communications and other related systems on the Melbourne Metro
Tunnel marks an important step in making the project a reality,
said Infrastructure Partnerships Australia (12 May 2016).
More...
New South Wales
National Audit Office to investigate WestConnex
funding
Sydney's controversial WestConnex toll road's
federal funding will be scrutinised by the Australian National
Audit Office following a request by federal Labor minister Anthony
Albanese. He was concerned about the government funding
infrastructure projects before Infrastructure Australia assessment
or finalisation of business case (19 May 2016).
More...
New South Wales council mergers
The NSW Government's plan to reshape local councils
will unlock better planning, better infrastructure and better
services for the community – said Infrastructure Partnerships
Australia (12 May 2016).
More...
Queensland
Sunshine Coast airport project readies for
take-off
The $347 million Sunshine Coast Airport runway expansion
is poised for take-off, with the official environmental thumbs-up
today (19 May 2016).
More...
Queensland outlook slumps
Confidence in the Queensland economy and building
industry has hit a wall, dropping into negative territory for the
first time in more than three years, according to Master Builders
latest Survey of Industry Conditions for the March 2016 quarter (13
May 2016).
More...
Infrastructure investment must unlock more than
votes
New report from QUT examines the long term impact of the
BCP's New Farm/Teneriffe and Newcastle renewal projects. The
Property Council points to the need for similar targeted
infrastructure investment to unlock future growth (13 May
2016).
More...
Palaszczuk Government delivers better planning system
for Queensland
Deputy Premier and Minister for Infrastructure, Local
Government and Planning Jackie Trad said the new Planning Act 2016
would provide more opportunities for community involvement in
planning, support responsible and sustainable development, and
provide industry with more certainty to invest in jobs (12 May
2016).
More...
Published
Investing in Australian cities: the legacy of the Better Cities
Program
Queensland University of Technology: Lyndall
Bryant
The Property Council of Australia (Queensland) has commissioned
this report to examine the long-term economic impacts of the Better
Cities Program (13 May 2016).
Low
Carbon, High Performance
Australian Sustainable Built Environment Council
(ASBEC)
The report contains detailed economic modelling by ClimateWorks
showing how reducing emissions in the building sector will save
money, grow jobs and improve quality of life for all Australians
(12 May 2016).
Australian Bureau of Statistics
Housing Finance, Australia, Mar 2016 (cat no. 5609.0)
– 11 May 2016
In practice and courts
Victoria
Building Regulations have been extended
On Tuesday 16 February 2016, the Governor made the
Subordinate Legislation (Building Regulations 2006) Extension
Regulations 2016, which extends the operation of the
Building Regulations 2006 until 5 June 2017.
More...
New South Wales
Council accreditation not affected by local government
mergers
Certifiers: accreditation as a council certifier allows
you to work as a certifier at any council in NSW (13 May
2016).
More...
Queensland
Renewable Energy Expert Panel: Issues Paper
The Issues Paper covers a range of important areas
including how investment takes place in renewable energy and how
projects can be funded, through to technical issues associated with
the integration of renewable energy into the electricity system.
More...
Cases
Hussain v CSR Building Products Limited, in the matter of FPJ
Group Pty Ltd (In Liq) [2016] FCA
392
CORPORATIONS – claim to recover alleged unfair
preferences under s 558FE of the Corporations Act – whether
company insolvent at the time of making payments – whether
payments were in relation to "unsecured debts" –
meaning of an "unsecured debt" in s 588FA(1)(b) –
whether a retention of title clause is a "security"
– date for determination of the value of security in s
588FA(2) – operation of "good faith" in s 588FG(2)
– operation of "suspicion" in s 588FG(2) –
whether running account existed – whether defendant has a
set-off under s 553C – whether set-off under s 553C can be
made against a preference claim under s 588FF - Bankruptcy Act
1966 (Cth) s 122.
Auguste v Nikolyn Pty Ltd & Anor
[2016] FCCA 1045
CONSUMER PROTECTION – Misleading and deceptive
conduct – building contract – whether representation as
to time for building work to be completed – no representation
– implied term that work to be undertaken in a reasonable
time – work undertaken in a reasonable time –
application dismissed.
CONTRACT – Building contract – where contract did not
stipulate price for part of the work to be undertake –
additional work undertaken not part of the contract – claim
for reasonable remuneration for work and labour done.
DCT Projects Pty Limited v Champion Homes Sales Pty
Limited [2016] NSWCA 117
CONTRACTS - building, engineering and related contracts -
the contract – discharge, breach and defences to action for
breach – where delay by the builder – whether
repudiatory conduct– where purported termination by principal
followed by purported termination by builder– onus on
principal to prove work that could have been done – threats
to suspend work made by builder in context of non-payment by
principal – where builder suspended works for alleged breach
by the principal – where principal did not serve a notice
requiring the builder to remedy alleged breaches of contract
– whether builder's conduct evinced intention to no
longer be bound or to fulfil contact in manner substantially
inconsistent with its obligations
CONTRACTS - building, engineering and related contracts –
claims for extensions of time – where no objection by
principal when claims for extensions of time first made in closing
submissions at trial – validity of claimed extensions by the
builder and any notice of dispute by the principal under
contractual regime for giving notice of claims– calculation
of extensions by calendar or working days
CONTRACTS - building, engineering and related contracts –
determination of contract sum/price – nature of deposit
– whether fee for advice or part of contract sum –
terms of contract
TRADE AND COMMERCE - Trade Practices Act 1974 (Cth) and
related legislation – misleading and deceptive conduct
– contract expressly excluded retaining walls and gave
provisional sums for certain items including rock excavation
– where builder aware of need for large retaining walls and
did not inform principal prior to entry into contract –
whether reasonable expectation of disclosure – where
principal represented by its own project manager – no
complaint by principal contemporaneous with need for retaining
walls becoming apparent
DAMAGES - General principles – causation – misleading
and deceptive conduct – where failure to disclose –
causation established if disclosure would have caused inaction or
different action – whether recovery for discrete loss
permitted – where damages claimed on a "no
contract" case
Competition and Consumer Act 2010 (Cth), Sch 2
(Australian Consumer Law) ss 18, 236
Trade Practices Act 1974 (Cth), ss 52, 75B(1), 82
Uniform Civil Procedure Rules, rr 14.14(2),
51.36(2).
Alucity Architectural Produce Supply Pty Ltd -v-
Australian Solutions Centre; Alucity Architectural Produce Supply
Pty Ltd -v- Paul J Hick [2016] NSWSC
608
BUILDING AND CONSTRUCTION – EQUITY – UNJUST
ENRICHMENT – total failure of consideration –
Building and Construction Industry Security of Payment Act
1999 (NSW) s 13 (5), s 19, s 22, s 28, s 29 – where a
claimant makes a payment claim and then applies for adjudication
– where the respondent to the payment claim argues that it is
invalid under s 13(5) because it is the second claim in relation to
a reference date under a building contract – where the
adjudication application is referred by the authorised nominating
authority to an adjudicator who accepts appointment and then
determines that the payment claim is invalid and as a result he has
no jurisdiction to determine the claim – whether the fees
paid to the nominating authority and adjudicator are recoverable by
the claimant on the basis that there has been a total failure of
consideration and the authority and the adjudicator will be
unjustly enriched if they are entitled to retain the fees paid to
them – HELD: the doctrine of total failure of consideration
has no application in the circumstances - the authority and the
adjudicator have not been enriched and it is not unjust for them to
retain the fees – no claim for restitution lies.
Sierra
Property Qld Pty Ltd v National Construction Management Pty Ltd
& Ors [2016] QSC
108
ADMINISTRATIVE LAW – PREROGATIVE WRITS AND ORDERS
– CERTIORARI – GROUNDS FOR CERTIORARI TO QUASH –
EXCESS OR WANT OF JURISDICTION – PARTICULAR INSTANCES OF
JURISDICTIONAL ERROR – where the applicant and the first
respondent were parties to a construction contract – where
the first respondent served a payment claim under the Building
and Construction Industry Payments Act 2004 (Qld) for work
claimed to have been performed under the original contract as well
as additional work by way of variations – where an
adjudication decision was made under the Act – where the
adjudicator allowed the claim for work performed under the original
contract at 95 per cent, without referring to (or making findings
in relation to) the nine relevant contract categories of work
identified in the adjudication process, about which extensive
submissions were made – where the adjudicator stated that he
had carefully considered the material which satisfied him that 95
per cent allowance was appropriate – where the adjudicator
made allowances for variations under the contract – where,
irrespective of the legal correctness of those conclusions as to
the variations, the adjudicator had set out the reasons for them
– whether the adjudicator failed to give reasons or adequate
reasons as required by s 26(3)(b) of the Act – whether any
failure to give reasons or adequate reasons as required by s
26(3)(b) of the Act was a jurisdictional error.
RAW Build v JBK Industries & Anor
[2016] VSC 242
PRACTICE AND PROCEDURE – Payment claim of a
sub-contractor under a construction contract unpaid – Entry
of judgment under s 28R Building and Construction Industry
Security of Payment Act 2002 (Vic) (the 'Act') –
Application for judgment under O 10 Magistrates' Court
(Miscellaneous Civil Procedure) Rules 2010 (Vic) –
Certified Extract of order made failed to record or evidence a
judgment for a debt due of the unpaid portion of the amount payable
to the applicant – Certified Extract did not record a
judgment made under s 28R of the Act or under O 10 of the
Magistrates' Court (Miscellaneous Civil Procedure) Rules
2010 (Vic).
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.
