Australia: Construction & Infrastructure - What's News - 24 May 2016

Last Updated: 30 May 2016
Article by Troy Lewis, Janelle Kerrisk (formerly with Holding Redlich) and Stephen Burton

Most Read Contributor in Australia, August 2018

In the media


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...


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...


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...


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


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...


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...


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.

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.

Similar Articles
Relevancy Powered by MondaqAI
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 Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
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
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions