In the media – National
Australia's 100 most important infrastructure
proposals
Infrastructure Australia, the nation's independent
infrastructure advisor, has identified 100 projects and initiatives
as national priorities in a newly revised
Infrastructure Priority List (25 February 2017).
More...
The 20th century saw a 23-fold increase in natural
resources used for building
In Australia, 70 per cent of the buildings and infrastructure that
will be used in 2050 have not yet been built. Constructing all of
this will require a huge amount of natural resources and will
severely impact the environment (21 February 2017).
More...
ISCA unveils sustainability rating tool for
infrastructure performance
The Infrastructure Sustainability Council of Australia has released
a tool to measure the sustainability performance of infrastructure
assets. The IS rating scheme now covers planning, design,
construction and operation of infrastructure assets. Since
launching in 2012, over $82.7 billion in infrastructure and civil
works projects or assets across Australia and New Zealand have
either been certified or registered for an IS rating (22 February
2017).
More...
MBA: Builders Welcome Improvements to
ABCC
The community are the winners from the new laws to improve the
effectiveness of the ABCC which have passed the passed the Senate,
according to the CEO of Master Builders Australia. The new laws
reduce the current Code transition period from two years to nine
months and mean the community will gain from more schools,
hospitals and roads sooner and small building businesses and
tradies will be protected from building union bullies (16 February
2017).
More...
Unified approach to power system security
required
The Australian Energy Market Operator has today released a report
on its ongoing investigation of the sequence of events that led to
load shedding in South Australia on Wednesday 8 February, and is
calling for a united approach to managing the energy transition in
Australia (15 February 2017).
More...
CEFC finance helps convert Queensland gold mine to solar
with pumped hydro storage on the horizon
The CEFC has confirmed another major new investment in North
Queensland, with $54 million in finance for an innovative
large-scale solar development that also has the potential to
spearhead a new pumped hydro storage project (14 February 2017).
More...
No room for partisan politics in energy
Representatives of Australian communities, including civil society,
households, workers, investors, business energy users and energy
suppliers today challenged all political leaders to stop partisan
antics and work together to reform Australia's energy systems
and markets to deliver the reliable, affordable and clean energy
that is critical to wellbeing, employment and prosperity (13
February 2017). More...
Renewables the solution to rising power prices: Energy
Australia
One of the country's largest operators of coal-fired power
stations warns big bills are on the way after recent extreme
weather and says renewables are the key to driving down prices (14
February 2017).
More...
In the media – Victoria
Australia's largest battery to be built in
Victoria
The new 20 megawatt battery will be constructed in Victoria, where
the energy market operator has identified opportunities to improve
grid reliability. Expressions of interest from utility-scale
battery storage businesses are being sought by 1 March 2017 (17
February 2017).
More...
Building regulators heading to Geelong and Surf
Coast
Builders will have access to a range of construction industry
experts when regulators visit Geelong and the Surf Coast next week
to examine safety and building compliance. A week of site
inspections will be undertaken by representatives from the
Victorian Building Authority, WorkSafe Victoria, Consumer Affairs
Victoria, Energy Safe Victoria and Environment Protection Authority
Victoria (15 February 2017).
More...
In the media – New South Wales
Builders Insurance 'Black Hole'
The New South Wales Home Building Act requires licenced builders to
provide an insurance certificate to their clients prior to
commencement of residential building works when the labour and
materials associated with the work exceeds $20,000 in value (24
February 2017). More...
Storm-affected consumers advised to be on the lookout
for dodgy traders
New South Wales Fair Trading Commissioner, Rod Stowe, is warning
Sydney residents with storm damage to be aware of scammers going
door-to-door, claiming to be contracted by the State Emergency
Service (21 February 2017).
More...
Sydney housing completions hit record
high
More homes are being delivered in Greater Sydney with the number of
dwellings reaching a 44-year record high and more than 33,000 homes
built in the 12 months to November 2016 (15 February 2017).
More...
In the media – Queensland
Watpac scores contractor role for stadium
mega-screens
Queensland's live sport fans and concert goers will soon feel
even closer to the on-field action, with Watpac today announced as
the project contractor to deliver new screens at the Gabba and
Suncorp Stadium (25 February 2017).
More...
Green Bond certification to support environmentally
responsible projects
Queensland is on its way to boosting investment in environmentally
responsible projects through Green Bonds issued by the
government's Queensland Treasury Corporation (24 February
2017).
More...
Breaking ground on Queensland's solar
boom
Work has commenced on the $126 million Kidston Solar Project in
North Queensland, the first solar farm to begin construction under
the Palaszczuk Government's Solar 150 program (22 February
2017).
More...
More...
Building and construction industry optimistic for
future
Business confidence in the Queensland economy and building industry
strengthened during the December 2016 quarter, continuing to rise
into positive territory in the latest Master Builders survey (17
February 2017).
More...
Work starts on master-planned future for Townsville
Port
Work has officially begun on a master plan to drive economic
development in and around the Port of Townsville (16 February
2017).
More...
Published
State of solar 2016: Globally and in Australia
Climate Council; Petra Stock, Andrew Stock, Greg Bourne: 23
February 2017
This new report finds that the solar rollout will continue to go
gangbusters this year, with more than twenty industrial-scale
installations set to go ahead across the country, and another 3,700
megawatts in the pipeline.
More...
Dark side of the boom (NSW)
The Australia Institute; Rod Campbell et al: 16 February
2017
This report examines what we do and don't know about mines,
closures and rehabilitation in New South Wales. More...
Australia Bureau of Statistics
23/02/2017
Energy Account, Australia 2014-15 (cat no. 4604.0)
22/02/2017
Construction Work Done, Australia, Preliminary Dec 2016 (cat
no. 8755.0)
ACI Construction Briefs
A fortnightly communication highlighting key updates related to
Australia's construction industry:
13 February 2017
Practice and courts
Infrastructure Priority List 2017 - Project and
Initiative summaries
The Priority List has been refreshed and now identifies 100 major
infrastructure proposals including 18 Projects, that are all
underpinned by a robust business case that has been approved by
Infrastructure Australia (25 February 2017).
More...
Infrastructure plan comment: Strengthening the National
Security of Australia's Critical
Infrastructure
The Attorney-General's Department has released a discussion
paper on managing the national security risks to Australia's
critical infrastructure. The paper is open to comment from
stakeholders in relation to the operation of the Government's
new Critical Infrastructure Centre (24 February 2017). The
discussion paper can be accessed at this
PS News link and submissions close on 21 March.
Public Consultation Paper released outlining plans to
modernise airspace protection
National airspace protection is the focus of a new consultation
paper released today, with stakeholder feedback being sought on a
range of proposals to modernise airspace regulatory arrangements.
Submissions on the paper were accepted until 28 February 2017. To
view the Paper visit
here.
Announcements, Draft Policies and Plans released 2017
Queensland
Queensland Building Plan: discussion
paper
The government would be rolling out a comprehensive consultation
program through early 2017 with public consultation sessions right
across the state. The Queensland Building Plan discussion paper and
information about the consultation can be found at www.hpw.qld.gov.au.
Have your say on the Queensland Building Plan Closes: 31 March
2017.
Victoria
Plumbing regulations sunset review
The
Plumbing Regulations 2008 will expire in November
2018. The Department is in the process of reviewing the current
regulations and will develop options for new regulations to replace
them. Public submissions on the operation and effectiveness of the
current regulations can be made at
engage.vic.gov.au/plumbing-regulations-sunset-review. For
further information on this project please email: plumbing.review@delwp.vic.gov.au.
Submissions close 17 March 2017.
Cases
Save Beeliar Wetlands (Inc) v Commissioner of Main Roads (No
2) [2017] FCA 88
COSTS – interlocutory injunction – public interest
litigation – applicant failed to establish that there was a
serious question to be tried – whether the unsuccessful
applicant should pay the respondents' costs of the application
for an interlocutory injunction. The applicant is to pay the costs
of the first and third respondents to be taxed, if not
agreed.
The first and third respondents seek orders that the applicant,
Save Beeliar Wetlands (Inc), pay their costs in resisting the
applicant's application for an interlocutory injunction to
restrain the Commissioner of Main Roads from recommencing work in
respect of the construction of the extension to the Roe Highway
until trial or further order.
Cobar Shire Council v Castlereagh Construction Group
Pty Ltd [2017] NSWSC 86
BUILDING AND CONSTRUCTION – challenge to adjudication
determination – money paid into court as price for
interlocutory injunction – application not pursued –
proceedings to be instituted in District Court – whether
funds in court should be paid to party with benefit of
determination; PRACTICE AND PROCEDURE – funds in court
– whether should be paid out to defendant; COSTS –
Calderbank offer – whether unreasonable of plaintiff to not
accept offer.
Wilson's
Plant Hire Pty Ltd v The Pipe King (Aust) Pty Ltd [2017] QDC
029
BUILDING AND ENGINEERING CONTRACTS – Remuneration –
whether work within scope of contract – whether extra payable
for latent conditions – whether additional work requested
– delay – whether damage caused by actions of
defendant.
Roo Roofing Pty Ltd v Commonwealth [2017] VSC
31
PRACTICE and PROCEDURE – Application for summary dismissal
– Negligent misrepresentation and misleading and deceptive
conduct alleged against Commonwealth – Whether conduct of the
Commonwealth in promoting and administering Home Insulation Program
carrying on a business or in trade or commerce – Whether no
real prospect of success – Application for summary judgment
dismissed.
PRACTICE and PROCEDURE – Application for summary dismissal
– Unconscionable conduct alleged against Commonwealth –
Whether plaintiffs at a special disability – Not possible to
discern basis for alleged disability or how it was taken advantage
of – Pleading deficient – Plaintiffs' claim struck
out with leave to re-plead.
GROUP PROCEEDINGS – Class action – Whether claims of
potential group members who already entered into deed with regard
to loss substantially the subject of this proceeding can be
maintained – No evidence that any such potential plaintiff
seeks to set deed aside – Whether 'just and
convenient' – Group re-defined.
Woolcorp Pty Ltd v Rodger Constructions Pty Ltd [2017]
VSCA 21
CONTRACT – Developers of adjoining land – Alleged
agreement for one developer to contribute to the other's
construction costs of a public road – Whether agreement
reached – Whether 'offer' capable of acceptance
– Whether agreement could be inferred – No agreement
– Appeal allowed.
RESTITUTION – Work and labour done claim – Causation
– Whether works performed at the request of the applicant
– Relevance of benefit received – No proper basis for
claim – Lumbers v W Cook Builders Pty Ltd (in
liquidation) [2008] HCA 27; (2008) 232 CLR 635, applied
– Appeal allowed.
Other
Maxcon Constructions Pty Ltd v Vadasz (No 2) [2017] SASCFC
2
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS -
REMUNERATION - STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY
OF PROGRESS PAYMENTS - ADJUDICATION OF PAYMENT CLAIMS.
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - ILLEGAL AND VOID
CONTRACTS - CONTRACTS ILLEGAL BY STATUTE.
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - ILLEGAL AND VOID
CONTRACTS - EFFECT OF ILLEGALITY OR INVALIDITY –
SEVERANCE.
BANKRUPTCY - OFFENCES - PARTICULAR OFFENCES - FAILURE TO DISCLOSE.
ADMINISTRATIVE LAW - JUDICIAL REVIEW - PRIVATIVE CLAUSES –
CERTIORARI.
ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS - CERTIORARI -
GROUNDS FOR CERTIORARI TO QUASH - ERROR OF LAW ON THE FACE OF THE
RECORD.
Appeal against dismissal of action for judicial review.
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.