Australia: Construction & Infrastructure - What's News - 3 August 2016

Last Updated: 8 August 2016
Article by Troy Lewis, Janelle Kerrisk and Stephen Burton

Most Read Contributor in Australia, September 2017

In the media – National

Money trail and special access linked to mining approvals
The latest report from TAI examines 6 highly controversial Queensland resource projects and reveals a pattern of political donations, remarkable access to ministers, unaccountable lobbying, cash for access, and the revolving door between the bureaucracy and industry (28 July 2016). More... More...

Australian first project combines wind and solar to produce more reliable renewable energy
Australia's first large-scale solar farm to be co-located with wind turbines will be built near Canberra, in a development that promises more reliable, cheaper renewable energy (26 July 2016). More...

Energy remains most active M&A sector
The resources industry may be in decline but the energy, mining and utilities sector has outstripped all others for M&A activity in Australia over the past financial year. Energy, mining and utilities proved to be the most active area, recording total deals valued at $26.9 billion and taking up a 31.6 per cent share of the total deal value in the period (21 July 2016). More...

Long-term thinking is absolutely critical for major infrastructure
Dr Tim Stone discusses the dangerous contradictions between the current political climate and the long-term thinking needed to ensure a prosperous future (19 July 2016). More...

In the media – Victoria

Victorian Government announce plans to help speed consumer disputes
The Victorian Government is taking action to ensure builders and consumers can resolve disputes without costly, prolonged and stressful legal action (29 July 2016). More...

Jobs and clean energy boost for south-west Victoria
A new $650 million windfarm near Dundonnell in Victoria's South West has been given the green light by the Andrews Labor Government, and is the biggest windfarm approved by the Labor Government (19 July 2016). More...

In the media – New South Wales

Housing completion numbers highlight the top apartment suburbs in Sydney
The Housing Monitor for the Greater Sydney Region recently released by the New South Wales Government lists four of the top ten suburbs in housing completions as being dominated by apartments, says the Urban Taskforce (26 July 2016). More...

In the media – Queensland

Budget investments maintain Queensland's lead on southern states
Treasurer Curtis Pitt said the DAE Investment Monitor for the June quarter 2016 reflected the March quarter report with the value of current and planned major projects in Queensland outstripping those in New South Wales and Victoria. It outlines almost $183.5 billion in planned or committed public and private sector projects (28 July 2016). More...

First exploration plan delivers for resources sector and locals
Minister for State Development and Natural Resources and Mines released the first annual exploration program today, setting out the 826 square kilometres of land to be made available for minerals, coal, and petroleum and gas exploration over the next 12 months (20 July 2016). More...


The Industry Position Paper - NCC Evidence of Suitability (A2) Review
Building Products Innovation Council (BPIC). The paper offers five recommendations for change to the National Construction Code (NCC) Evidence of Suitability (A2) provisions which is currently being reviewed by the Australian Building Codes Board (ABCB) (27 July 2016).

Announcements, Draft Policies and Plans

New South Wales renewable energy resource map
Provides renewable energy project developers with free access to geospatial data and information on the state's renewable energy resources and highlights more than 201 sites across NSW. More...

2016 Major Project Series
On 12 July for the launch of the Department of State Development launches the 2016 Major Projects Series. The Department's regional offices are hosting a series of Regional Major Projects Forums throughout 2016 that focus on important issues and challenges in specific regions. The full 2016 event schedule Regional Major Projects Forums is now available from August 2016.

Queen's Wharf Development
Queensland businesses can access new markets and opportunities for the $3 billion Queen's Wharf Brisbane Integrated Resort Development dated from July 2016 to 2024.


QC Resource Investments Pty Ltd (In Liq) v Mulligan [2016] FCA 813
EVIDENCE – claim to privilege against self-exposure to a penalty or self-incrimination – extent to which a claim for privilege needs to be supported by evidence and submissions in order for a claimant to be relieved from rules concerning pleading – different considerations in the two different circumstances in which privilege is claimed – circumstance concerned with possible exposure to a penalty in other proceedings – where other proceedings have not been commenced or foreshadowed and claims to privilege are unsupported by affidavit evidence explaining the reasonable grounds for each claim of privilege. Corporations Act 2001 (Cth) ss 180(1), 181(1), 588G, 588G(2), 588M(2), 1317E, 1317K.

Suprima Bakeries Pty Ltd v Australian Weighing Equipment Pty Ltd [2016] NSWSC 998
BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – whether contracts were construction contracts within the meaning of the Act – whether Adjudicator denied natural justice to plaintiff – failure to deal with claim of defective work.

Zhang v BM Sydney Building Materials Pty Ltd [2016] NSWCA 166
CONTRACT – contractual construction – commercial credit facility and supply agreement – deed of guarantee signed by appellant – whether documents effective to create either primary liability on company's part or liability as guarantor on appellant's part – whether strictissimi juris principle of construction enlivened - CONTRACT – execution of document by individual holding offices of both director and company secretary – whether execution complied with Corporations Act 2001 (Cth), s 127(1) – whether creditor entitled to make assumption credit facility duly executed – Corporations Act 2001 (Cth), s 129(5).

RCR O'Donnell Griffin Pty Ltd v Forge Group Power Pty Ltd & Ors [2016] QCA 185
The appeal in this case was on a number of separate questions ordered to be determined ahead of any trial. Those questions concerned the ability of the respondent, Forge, to call on two guarantees which had been given by RCR under a construction contract.

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.

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