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).
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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).
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HIA: Population growth underpins strong housing
demand
ABS building approvals data again showed building activity firmly
anchored in Sydney and Melbourne (03 April 2017).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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"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).
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Published
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.
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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.
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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).
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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.
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Practice and courts
Commonwealth
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.
Queensland
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 www.hpw.qld.gov.au.
More...
Victoria
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...
Cases
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.