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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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Published
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.
Cases
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.
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