Australia: Construction & Infrastructure - Whats News – 12 April 2017

Last Updated: 16 April 2017
Article by Troy Lewis, Stephen Burton, Suzy Cairney, Stephen Natoli, Christine Jones, Scott Alden, Kyle Siebel and Helena Golovanoff

Most Read Contributor in Australia, December 2017

In the media – National

Where is Australia's Construction Strategy?
Since the Australian construction industry directly employs over 1.1 million people and since every $1 million invested creates about nine jobs in the construction industry and 37 jobs in the economy as a whole, it is critical to Australia's social fabric and well-being and Australia's future economic prosperity (06 April 2017). More...

Building boom surprisingly resilient, while retail sales disappoint
Australia's record-breaking building boom rolls on, with a further increase in construction approvals during February, however the retail sector continues to struggle (03 April 2017). More...

HIA: Population growth underpins strong housing demand
ABS building approvals data again showed building activity firmly anchored in Sydney and Melbourne (03 April 2017). More...

Leaking buildings, mould and court battles: The dark side of the apartment boom
As apartments are built at a breakneck pace along Australia's east coast, experts fear a coming glut of problem buildings that cannot keep the rain out will trap many buyers in legal limbo (31 March 2017). More...

Lyon Solar to build world's biggest solar and battery storage plant with or without tender
One of the companies that said it was better placed than Tesla to deliver a 100MW battery storage system for South Australia has announced it is going ahead (30 March 2017). More...

Australian Digital Built Environment Principles
The Australian Digital Built Environment Principles (Principles) released this week, mark an important step in the adoption of digital technologies to improve the design and operation of our cities and infrastructure. The Principles are a policy tool created within a technical context that enable stakeholders to focus on those actions that will help to ensure the delivery of long term benefits (30 March 2017). More... More...

In the media – Victoria

Victoria's West Gate Tunnel needed, must go well
The appointment of preferred contractors to deliver Victoria's West Gate Tunnel Project sees Melbourne's vital second river crossing becoming a reality – and it's an important project for Victoria's reputation - says Infrastructure Partnerships Australia (06 April 2017). More...

Melbourne's City Square closed for Metro Tunnel works
Melbourne's City Square has closed to allow for construction to begin on the biggest public transport project in Victoria's history, the Metro Tunnel. By 2022, City Square will be returned to the City of Melbourne as public open space, with an entrance to the new station underneath. The Metro Tunnel Project will be complete by 2026 (05 April 2017). More...

Watersun Homes administrators find companies to complete half of unfinished homes
Half of the homeowners caught up in the collapse of a Victorian building company will now have their homes completed by alternative builders, administrators say (27 March 2017). More...

In the media – New South Wales

New South Wales housing approvals still at all-time highs
Housing approvals in New South Wales have continued at near-record highs according to the latest Australian Bureau of Statistics data, in a further sign the New south Wales Government's commitment to boost housing supply is delivering results (03 April 2017). More...

Sydney's housing crisis needs strong actions to maximise supply
With indicators showing a slow-down in housing approvals in Sydney some strong actions are needed to boost supply and help with affordability, says the Urban Taskforce (28 March 2017). More...

In the media – Queensland

Wivenhoe Dam $900m facelift considered to prevent flood disaster
Seqwater is considering a massive upgrade of Wivenhoe Dam that could raise the dam wall by 4 metres in a bid to prevent a "rare" catastrophic flood event in Brisbane in the future (05 April 2017). More...

Boost for frontier exploration in North West
Natural Resources and Mines Minister Dr Anthony Lynham said seven mineral and resource companies had gained more than $600,000 in total to support drilling projects for copper, lead, zinc, silver and gold (05 April 2017). More...

Deadline extended for infrastructure funds
Councils have an extra three weeks to lodge applications for the Palaszczuk Government's $375 million Building our Regions program to give them time to recover from Tropical Cyclone Debbie (05 April 2017). More...

"Jewel" construction project ramps up with 2,500 Gold Coast jobs
2,500 workers who will gain jobs and employment opportunities through the $1 billion "Jewel" residential tower project on the Gold Coast. Locally designed by Gold Coast architect Barry Lee, of DBI Design, and being built by Australian construction company Brookfield Multiplex, Jewel will be Australia's largest hotel and residential complex (04 April 2017). More...


ACI Construction Brief
27 March 2017 - Update: Last week the first HIA Renovations Roundup for 2017 was released. This is the most comprehensive quarterly update regarding renovations activity available in Australia. More... More...

Retirement of coal fired power stations: final report
Senate Environment and Communications References Committee: 29 March 2017
This report recommends that the Australian government, in consultation with industry, community, union and other stakeholders, develop a mechanism for the orderly retirement of coal fired power. More...

Black system South Australia 28 September 2016: final report
Australian Energy Market Operator: 28 March 2017
The Australian Energy Market Operator (AEMO) has published its fourth and final incident report into the South Australian (SA) state-wide power outage (referred to as the 'SA region Black System). More...

Australian Bureau of Statistics
29/03/2017 - Engineering Construction Activity, Australia, Dec 2016 (cat no. 8762.0).

Demand, deposits, debt: Housing affordability in Sydney
Briefing Paper No 1/2017 by Chris Angus: 03 April 2017
This paper presents the issue of housing affordability in Sydney in three parts. More...

Practice and courts


ABCC Code for the Tendering and Performance of Building Work 2016
The Code for the Tendering and Performance of Building Work 2016 applies to companies who wish to undertake Commonwealth-funded building work. Building industry participants covered by agreements made prior 2 December 2016 have until 29 November 2018 to ensure their agreements are Code compliant.

Senate Inquiry Update
Non-conforming building products
Status: Accepting Submissions; Date Referred: 11 October 2016; Submissions Closed: 01 December 2016; Reporting Date: 25 May 2017.


QBCC Connections – April 2017
In this issue: Smart forms give licensees convenience, speed and flexibility; Tradies podcast; High-wind events and garage doors; Do you really want to surrender your licence? A single swimming pool standard; Brisbane South PIPE (Plumbing Industry Panel and Expo). More...

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 More...


VBA: Invitation to comment on Draft Australian Standard on Stormwater drainage
Standards Australia is inviting all interested people to comment on the draft Australian Standard for AS/NZS 3500.3 Plumbing and drainage - Stormwater drainage (30 March 2017). More...


Mineralogy Pty Ltd v Sino Iron Pty Ltd [2017] FCAFC 55
CONTRACTS – construction – power of private parties to create rights inconsistent with legislative and regulatory regimes – alleged variation by subsequent contracts of contractual terms contained in formal deed – where subsequent contracts do not refer expressly to the term allegedly being varied – importance of context and nature of variation – breach of contract – construction and validity of termination notices.
ESTOPPEL – estoppel by convention – requirements for an estoppel by convention – whether estoppel by convention can apply to future rights and future conduct – test for causation and connecting links. PRACTICE AND PROCEDURE – joinder of necessary parties – failure by Mineralogy to join a directly interested party, the State of Western Australia, as a party to the proceedings. Government Agreements Act 1979 (WA) ss 2, 3

El-Bayeh v Bayeh t/as JARS Engineering & Contracting Services [2017] NSWSC 322
CONTRACT – project management of construction of warehouse – proper construction of agreement – whether defendant failed to exercise reasonable care and skill in project management – whether defendant should have procured plaintiff to apply for relevant consents earlier – whether defendant caused delay to project; EVIDENCE – admissibility – expert report – whether conclusions reached based on expert knowledge – whether expert's reasoning process disclosed – where to admit report would result in prejudice to defendant; LIMITATIONS – whether part of plaintiff's claim statute barred – whether complaint was that defendant failed to perform a single act capable of determination – whether defendant's alleged breaches of contract were made repeatedly; DAMAGES – whether plaintiff had proved damage by loss of chance to lease premises earlier.

Skyworks v 32 Drummoyne Road [2017] NSWSC 343
PRACTICE AND PROCEDURE – freezing order – whether there is a good arguable case – whether there is a risk of removal or dissipation of assets - danger that a prospective judgment will be unsatisfied – whether evidence supports such a finding – Uniform Civil Procedure Rules 2005 (NSW), r 25.11, 31.27, 26.17. Building and Construction Industry Security of Payment Act 1999 (NSW); Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW).

Fitz Jersey v Atlas Construction Group [2017] NSWSC 340
BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 – whether adjudicator had jurisdiction – PROCEDURE – application for summary dismissal – application for discovery – application to amend the summons and technology and construction list statement – no question of principle.

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

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

Christine Jones
Scott Alden
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
Font Size:
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
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
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 (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

    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’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.


    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.


    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 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.


    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.


    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.


    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.


    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 .


    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

    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

    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

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at 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