Australia: Construction & Infrastructure - What's News - 7 December 2016

In the media – National

New Commonwealth procurement rules from next year
The Government has been forced to concede its position on the rules in order to get its ABCC bill through the Senate. Under the new rules Government officials would also need to consider whether bidders are ethical employers, and are in compliance with occupational health and safety and environmental standards (01 December 2016). More...

MBA: Senate passes Bill to re-establish the ABCC
The Senate's decision to re-establish the Australian Building and Construction Commission (ABCC) is a win for the community, taxpayers and people who work in the building and construction industry, Wilhelm Harnsich, according to the CEO of Master Builders Australia (30 November 2016). More...

Fall in building approvals a wake-up call
The worst housing approvals numbers in two years should serve as a wake-up call to governments on the need to fix housing markets and planning systems, according to the Property Council (30 November 2016). More...

WICET deeper in the red as net liabilities blow out to over $1b
The Wiggins Island Coal Export Terminal at Gladstone in Queensland has taken a financial hit with the port disclosing its "equity deficiency" rose to $1.06 billion in 2015-16. WICET said it was in litigation with contractors for compensation on variations on construction contracts at the end of June, and that it had "sound basis" for disputing the entitlement and size of the claims (01 December 2016). More...

BCA report on major project approvals is a vital contribution to the infrastructure debate
A new report by the Business Council of Australia into streamlining major project approvals is a vital reminder to policy makers about the costs of unnecessary delays on major projects across Australia and the need to develop best-practice to get job creating projects moving (25 November 2016). More...

In the media – Victoria

Building infrastructure quicker and smarter
The Andrews Labor Government is set to reduce the time and costs for industry as it delivers Victoria's strong infrastructure pipeline. Treasurer Tim Pallas today released a short paper, Reforming Public Construction, which identifies reforms to deliver projects quicker and more efficiently, boosting jobs and Victoria's competitiveness (29 November 2016). More...

Banning fracking for good
The Andrews Labor Government has introduced legislation to permanently ban fracking in Victoria, protecting the agricultural sector and giving certainty to regional communities. The Resources Legislation Amendment (Fracking Ban) Bill 2016 amends the Petroleum Act 1998 and the Mineral Resources (Sustainable Development) Act 1990 to implement the Government's decision (22 November 2016). More...

In the media – New South Wales

Longest housing boom in New South Wales history
New South Wales is in the midst of the longest housing construction boom in its history, according to Australian Bureau of Statistics data. Data released today shows 74,577 homes were approved in the 12 months to October 2016. This is a record 33rd consecutive month with a yearly approval figure of more than 50,000 (30 November 2016). More...

Safety blitz targets demolition sites
WorkSafe inspectors have begun a month-long blitz targeting dangerous and sub-standard demolition work. Inspectors expect to visit more than 800 demolition and construction sites across the state to ensure work is carried out as safely as possible (23 November 2016). More...

184300 homes over five years with new infrastructure
A strong New South Wales economy and new public transport links have opened the way for an expected 184,300 new dwellings over the next five years – easily surpassing previous records (21 November 2016). More...

In the media – Queensland

Adani coal mine rail line and camp approved
The $22 billion Carmichael coal and rail project secures Queensland Government approval for a permanent rail line and a temporary construction camp (05 December 2016). More...

Queensland Government to ink deal over Cross River Rail
The Palaszczuk Government will sign a Memorandum of Understanding with the Commonwealth today formalising their collaboration on Brisbane's Cross River Rail (02 December 2016). More...

Solar farm brings renewable energy and jobs to North Queensland
North Queensland's electricity grid and its economy is another step closer to being powered by more renewable energy and more renewable jobs with a major solar project reaching a finance milestone (02 December 2016). More...

Project bank accounts to secure payments for subcontractors
The Queensland building and construction industry is set for historic reform, as the Palaszczuk Government prepares new laws to introduce a suite of measures to ensure security of payment for subcontractors, including project bank accounts (30 November 2016). More...

Queenslanders encouraged to have their say on new state building plan
Queenslanders will have the opportunity to run their rulers over the state's building and construction industry with the release of a discussion paper for a new Queensland Building Plan. The Queensland Building Plan looks at a number of reforms designed to bring increased confidence to the sector, including our government's historic reforms on security of payment for subcontractors (30 November 2016). More...

Practice and courts

Infrastructure Priority List – 23 November 2016
The Infrastructure Priority List is a prioritised list of nationally significant investments. It provides decision makers with advice and guidance on specific infrastructure investments that will underpin Australia's continued prosperity. The latest list is outlined here. More...

GBCA: New Green Star certification process
A new streamlined process for the registration of applications for Green Star certification is effective 1 December 2016, and freshened up the Green Star Certification Agreement. Clauses and processes have been clarified, particularly, the appointment of Applicant Agents and Change of Ownership process and Limitation of Trustee Liability clause. The Agreement remains substantially the same (16 November 2016). More...

ABCB's 2017 NCC Information Seminars Registrations Now Open
Registrations are NOW OPEN for the Australian Building Codes Board's (ABCB) 2017 NCC Information Seminars. The series will include presentations from the ABCB, Standards Australia and local Building Control Administrations.

Cases

Hastie Group Limited (In Liquidation) v Moore [2016] NSWSC 1682
The 2014 Proceeding be dismissed with costs; The 2015 Proceeding be dismissed with costs. PROCEDURE – extension of time for service of statement of claim – whether to discharge extension under UCPR r.12.11(1)(e) - litigation funding.

Benarid Pty Ltd v Sarina Consulting Engineers Pty Ltd [2016] QDC 307
APPEAL BY WAY OF RE-HEARING – CROSS-APPEAL – CONTRACT – IMPLIED TERMS - ORAL VARIATION TO CONTRACT - Where plaintiff claims breach of contract – Where plaintiff claims damages for work rendered –Whether there was an agreement to pay for future work – Whether there was an implied term in the contract that there should be payment for the part services already performed – Whether there was an implied term in the contract that the services performed be assessed at an hourly rate – Whether the delay was caused by the plaintiff or defendant.

Annie Street JV Pty Ltd v MCC Pty Ltd & Ors [2016] QSC 268
ADMINISTRATIVE LAW – DECLARATIONS – EXCESS OR WANT OF JURISDICTION – PARTICULAR INSTANCES OF JURISDICTIONAL ERROR – where the applicant and the first respondent were parties to construction contract – where the first respondent served a payment claim under the Building and Construction Industry Payments Act 2004 (Qld) (the Act) – where the second respondent made an adjudication decision under the Act – where the second respondent determined, as part of the adjudication, that the applicant was not entitled to set-off an amount for liquidated damages – where the applicant alleges that this part of the second respondent's decision is affected by jurisdictional error – whether the second respondent's decision that the applicant was not entitled to set-off an amount for liquidated damages was without foundation and illogical, with a deficient reasoning process – whether the second respondent's decision that the applicant was not entitled to set-off an amount for liquidated damages involved a failure to provide reasons or adequate reasons in accordance with s.26(3)(b) of the Act – whether the second respondent's decision that the applicant was not entitled to set-off an amount for liquidated damages involved a denial, to the applicants, of natural justice.
ADMINISTRATIVE LAW – DECLARATIONS – EXCESS OR WANT OF JURISDICTION – PARTICULAR INSTANCES OF JURISDICTIONAL ERROR – where the applicant and the first respondent were parties to construction contract – where the first respondent served a payment claim under the Building and Construction Industry Payments Act 2004 (Qld) (the Act) – where the applicant served a payment schedule under the Act – where the payment schedule did not raise contractual time limitations as a basis for withholding payment – where the second respondent did not consider contractual time limitations in the adjudication – whether, in not considering contractual time limitations, the second respondent committed jurisdictional error.

McConnell Dowell Constructors (Aust) Pty Ltd v Santam Ltd & Ors (No 1) [2016] VSC 734
PRACTICE & PROCEDURE – Appointment of Special Referee – Questions as to discovery of documents and inspection of documents in a large document case referred to Special Referee – Reference conducted as a facilitation process rather than an adversarial process - Adoption of Special Referees' Report –Supreme Court (General Civil Procedure) Rules 2015 (Vic) O 50. PRACTICE & PROCEDURE – Discovery in a large document case– Use of predictive coding technology (TAR or Technology Assisted Review) – Orders for TAR made in accordance with the recommendations of the Special Referee following a facilitation process conducted with the parties in a reference conducted under O 50 Supreme Court (General Civil Procedure) Rules 2015 (Vic). This proceeding involves a large claim involving tens of millions if not hundreds of millions of dollars arising from the design and construction of a natural gas pipeline in Queensland.

Fulconstruction Pty Ltd v. ABP Consultants Pty Ltd [2016] VCC 1732
Building Contract – Payment claim under the Building and Construction Industry Security of Payments Act 2002 (Vic) – Project management services – Whether "building...advisory...services" – Dispute as to whether the arrangement was a joint venture agreement or a "construction contract" – Payment to be made at the end of project of 50% share of profits – Whether consideration for construction work to be "calculated otherwise than by reference to the value of the...services supplied" (section 7(2)(c)) – Sufficiency of the identification of the "services to which the progress payment relates".
Practice and procedure – Nature of the process for determining a proceeding for judgment pursuant to section 16(4) of the Act.

Legislation – Commonwealth

Bills

Building and Construction Industry (Improving Productivity) Bill 2013
Finally passed both Houses 30/11/16 Assent 01/12/16 Act no: 87 Year: 2016.
Introduced with the Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013, the bill re-establishes the Australian Building and Construction Commissioner (ABC Commissioner) and the Australian Building and Construction Commission; enables the minister to issue a Building Code; provides for the appointment and functions of the Federal Safety Commissioner; prohibits certain unlawful industrial action; prohibits coercion, discrimination and unenforceable agreements; provides the ABC Commissioner with powers to obtain information; provides for orders for contraventions of civil remedy provisions and other enforcement powers; and makes miscellaneous amendments in relation to self-incrimination, protection of liability against officials, admissible records and documents, protection and disclosure of information, powers of the Commissioner in certain proceedings, and jurisdiction of courts.

Renew Australia Bill 2016
Registered 21 November 2016; Introduced HR 21 November 2016
The Bill establishes Renew Australia, an authority to plan and drive the transition to a new clean energy system. The objects of the Bill are to help reduce Australia's greenhouse gas pollution by transforming Australia's electricity system.

Acts

Building and Construction Industry (Consequential and Transitional Provisions) Act No 88 of 2016
Registered 02/12/2016; Date of Assent 01/11/2016 - An Act to deal with consequential and transitional matters arising from the enactment of the Building and Construction Industry (Improving Productivity) Act 2016.

Building and Construction Industry (Improving Productivity) Act No 87 of 2016
Registered 02/12/2016; Date of Assent 01/11/2016 - An Act to re-establish the Australian Building and Construction Commissioner.

Building and Construction Industry (Consequential and Transitional Provisions) Rules 2016
02/12/2016 - This instrument deals with transitional and consequential matters relating to the transition from the Fair Work (Building Industry) Act 2012 to the new arrangements created under the Building and Construction Industry (Improving Productivity) Act 2016. This includes continuing the application of the Building Code 2013 to particular building work to which that Code applied immediately before the repeal of the Fair Work (Building Industry) Act 2012.

Code for the Tendering and Performance of Building Work 2016
02/12/2016 - This code of practice sets out the Australian Government's expected standards of conduct for all building contractors or building industry participants that seek to be, or are, involved in Commonwealth funded building work.

Legislation – Queensland

Subordinate legislation as made

No 222: Queensland Building and Construction Commission (Calculation of Insurable Value) Amendment Regulation 2016 - Queensland Building and Construction Commission Act 1991 – 02 December 2016 - to amend the Queensland Building and Construction Commission Regulation 2003 (QBCC Regulation) to change the way in which the notional pricing provisions of the Queensland Home Warranty Scheme (Scheme) apply to work relating to common property in multiple dwellings and duplexes.

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 Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
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 Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). 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 & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

    Disclaimer

    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd 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 or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

    Registration

    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

    Cookies

    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

    Links

    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

    Mail-A-Friend

    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

    Emails

    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

    Security

    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

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