In the media – National
Four new business cases assess for an Infrastructure
Priority List
Infrastructure Australia, the nation's independent
infrastructure advisor, has updated its Infrastructure Priority
List following the positive assessment of four business cases (12
September 2016).
More...
July Housing Finance – better than it first
looks
Latest ABS figures on housing finance highlight a sharper than
expected fall in July 2016 which is not as bad as it looks, says
the Housing Industry Association (09 September 2016).
More...
Building company penalised for "blatant"
discrimination against subcontractor
The Federal Circuit Court has this week published its decision to
penalise lead contractor Hutchinson Builders and two of its
employees a total of $29,175 for discriminating against a
subcontractor who did not have an enterprise agreement with the
CFMEU (02 September 2016).
More...
Tax and workplace relations in building industry warrant
early attention
Improving Australia's tax system and changing the toxic culture
in the building and construction industry need to be key priorities
for the new Parliament, the Australian Chamber of Commerce and
Industry said on 31 August 2016 (01 September 2016).
More...
Building approvals reaffirm need for strong construction
cop on the beat
The Government remains committed to re-establishing the ABCC and
building code. The ABCC laws will ensure that Australia's
building and construction industry is not hampered by unnecessary
and costly industrial action, as well as bullying, intimidation and
unlawful behaviour that promotes inefficiency and pushes up costs
(30 August 2016).
More (Hon Scott Morrison- Media Release)...
More (Master Builders Australia)...
In the media – Victoria
Expert oversight for Victoria's infrastructure
pipeline
The Andrews Labor Government has established the Office of Projects
Victoria to oversee how major infrastructure projects are
developed, contracted for and implemented (09 September 2016).
More...
Construction booming in world's most liveable
city
Melbourne's record breaking levels of residential development
continue according to the City of Melbourne's latest
Development Activity Monitor report. Lord Mayor Robert Doyle said
there were 20,000 residential dwellings, 790 student accommodation
beds and 1,080 hotels and serviced apartments under construction as
at May this year (06 September 2016).
More...
In the media – New South Wales
Housing supply boost - 10,000 new home
sites
The New South Wales Government is boosting the State's housing
supply by delivering new home sites on Government land over the
last 18 months. The New South Wales Government's urban
transformation agency UrbanGrowth NSW is charged with releasing
land for delivery of a range of housing including terraces,
townhouses and apartments from Government land holdings (10
September 2016).
More...
Maximising benefits from the infrastructure
boom
The New South Wales Government will ensure its record
infrastructure investment provides new job opportunities for young
people and helps existing workers learn new skills (06 September
2016).
More...
New South Wales' housing approvals hit new
high
Monthly housing approvals for July 2016 for New South Wales have
hit an all-time high with 6,545 approvals. The apartment market is
taking over New South Wales and Sydney housing numbers with 4,178
approvals in July, compared to a previous 2,367 house approvals (30
August 2016).
More...
In the media – Queensland
New LNG operations facility to be constructed in
Gladstone
Treasurer Curtis Pitt and Minister for Ports Mark Bailey have
announced works are underway on a new marine operations terminal
located on Gladstone Port Corporation land (09 September 2016).
More...
North Queensland Stadium momentum builds with local
survey work underway
Momentum continues to build for the North Queensland Stadium as
local surveyors get to work on site ahead of two further
Expressions of Interest being released next week for the $250
million project (09 September 2016).
More...
Super solar boost to jobs and investment for
Queensland
Queensland is set for a solar jobs bonanza following the Australian
Renewable Energy Agency's announcement of support for six
large-scale solar generation projects in Queensland (08 September
2016).
More...
History in the making, our newest rail line gets its
name
The newest rail link in South East Queensland, the Moreton Bay Rail
Link (MBRL) Project, will be officially called the Redcliffe
Peninsula Line on Queensland Rail's timetable when it comes
into service on Tuesday, 4 October 2016 (07 September 2016).
More...
Major expansion secured at Brisbane Airport's
International Terminal
Laing O'Rourke has secured another key expansion project at
Brisbane Airport, being confirmed as Managing Contractor for the
International Terminal Building's Northern Concourse Expansion
in Queensland (05 September 2016).
More...
Queensland becomes national leader in smoke alarm
legislation
Queensland households will be the safest in the country after new
smoke alarm legislation was passed in Parliament last month (31
August 2016).
More...
$100M Government-led housing construction in pipeline The Palaszczuk Government is backing in the state's building industry with $100 million worth of Government-led housing construction currently underway or set to commence (30 August 2016). More...
Published
Housing, productivity and economic
development
The research drew on international evidence assessing connections
between housing and productivity and economic growth as well as
interviews with economic development and housing practitioners in
Victoria and Western Australia.
More...
Construction Economics and Building, Volume Vol 16, No 3
(2016)
A study of best management practices for enhancing productivity in
building projects: construction methods perspectives
A conceptual model of psychological contracts in construction
projects
Construction insolvency in Australia: reining in the
beast
Vectors of technical innovation delivery by small and medium
Australian construction firms
Practice and courts
Infrastructure Australia: Infrastructure Priority List
The Infrastructure Priority List has been updated following the
positive assessment of four business cases. The Infrastructure
Priority List identifies nationally significant projects and
initiatives in every state and territory. The updated
Infrastructure Priority List is now available at www.infrastructureaustralia.gov.au.
(09 September 2016).
More...
Consultation: GRESB Infrastructure
Assessment
The GRESB Infrastructure
Assessment, which offers a new global benchmark for the
environmental, social and governance performance of infrastructure
assets. Results will be published in October 2016.
Cases
Ocean Energy Construction Pty Ltd v Oceanlinx Limited (in
liq) (Receivers and Managers Appointed) [2016] FCA
1055
PRACTICE AND PROCEDURE – security for costs – where
plaintiff company impecunious – whether order for security
would stultify proceedings.
Shade Systems Pty Ltd v Probuild Constructions (Aust)
Pty Ltd [2016] NSWCA 234
PRACTICE AND PROCEDURE – stay of costs order pending appeal
– expedition – reasonable prospects of success –
issue of general importance - possibility that enforcement of costs
order would stultify appeal. PRACTICE AND PROCEDURE –
security for costs – respondent to show order against
corporation would not stultify appeal – whether those
standing behind company have means to provide security –
application for adjournment – respondent seeking subpoenas to
test statements as to lack of means of shareholders and
directors.
Telvent
Australia Pty Ltd v Acciona Infrastructure Australia Pty Ltd &
Ors [2016] QSC 201
CONTRACTS GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND
INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS
CONTRACTS AND OTHER MATTERS – where the applicant gave the
respondents an unconditional bank guarantee under a construction
contract as a performance security – where the contract
prohibited the applicant from taking steps to restrain the
respondents by injunction from making a demand on the guarantee
except to the extent the respondents took steps for the purposes of
making the demand that were fraudulent or unconscionable –
where the respondents made a demand on the guarantee – where
the final relief sought was that the respondents be restrained by
injunction from demanding or receiving payment under the guarantee
– whether the respondents took steps that were fraudulent or
unconscionable. EQUITY – EQUITABLE REMEDIES –
INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – SERIOUS
QUESTION TO BE TRIED – where the contract permitted the
respondents to have recourse to the guarantee at any time to the
extent of any bona fide claim notified in writing – where
over a year after practical completion and at a time when items
included on minor defects lists had been resolved at close-out
meetings, the respondents sent a letter setting out further claims
– where the claims lacked particularity and were later
reduced – whether there was a serious question to be tried
that there was no bona fide claim and the respondents were not
entitled to have recourse to the guarantee.
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS –
INTERLOCUTORY INJUNCTIONS – RELEVANT CONSIDERATIONS –
BALANCE OF CONVENIENCE GENERALLY – where the contract
provided for an unconditional guarantee upon which the respondents
could make demand at any time – where the applicant submitted
that it would suffer a loss of reputation for which damages would
not be adequate compensation – whether there was a risk of
reputational damage – whether granting an interlocutory
injunction in the circumstances would be akin to granting final
relief or deprive the respondents of the benefit of an
unconditional guarantee – whether the balance of convenience
favoured granting the injunction.
Maxcon Constructions P/L v Vadasz & Ors [2016] SASC
148
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS -
REMUNERATION - STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY
OF PROGRESS PAYMENTS - ADJUDICATION OF PAYMENT CLAIMS.
ADMINISTRATIVE LAW - JUDICIAL REVIEW - POWERS OF COURTS UNDER
JUDICIAL REVIEW LEGISLATION - STAY OF PROCEEDINGS AND INTERLOCUTORY
RELIEF. BANKRUPTCY - SCOPE AND POLICY OF LEGISLATION –
GENERALLY. The plaintiff has demonstrated an arguable case on the
application for judicial review. It is arguable on the material
before the court that the adjudicator lacked the jurisdiction to
make a determination pursuant to the Act on the basis that a
construction contract did not exist at ([34] - [35]).
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.
