In the media – National
Construction waste to be turned into fuel for greener
cement
Environmental services company ResourceCo is setting up two new
plants that will turn non-recyclable commercial and industrial
waste into an alternative fuel product that can reduce the carbon
profile (04 May 2017).
More...
Seven hundred Green Star Performance Ratings and
counting
The Green Building Council of Australia (GBCA) has
surpassed 700 certifications and registrations under the Green Star
– Performance rating tool, as investors demand assurance that
their assets are well-managed (03 May 2017).
More...
Performance Framework for Australia's major
cities
The Federal Government is building a National Cities Performance
Framework to measure improvements in Australia's largest
cities. The Performance Framework will link to the Australian Government's
National Map, using the powerful open data tool to provide new
insights into Australia's economic geography (26 April 2017).
More...
Further information on the National Cities Performance Framework, Cities Reference Group and Smart Cities Plan is available at the Smart Cities website. More...
CSIRO report shows cheap renewables solution to gas
crisis
Renewable technology is the cleanest, cheapest and fastest solution
to Australia's energy price crisis, according to the latest
CSIRO report released today. The 'Electricity
Transformation Roadmap' finds that Australia can generate
electricity with zero carbon emissions by 2050 by embracing more
large-scale renewable technologies such as wind, solar and storage
(28 April 2017).
More...
In the media – Victoria
The 2016-17 Victorian State Budget
The 2016-17 Victorian State Budget has been handed down in
parliament by the Treasurer, Tim Pallas MP. The budget provides
projections of government revenue and expenditure for the following
year, and outlines services to be delivered (02 May 2017). More...
Victoria shows what an Infrastructure Budget looks
like
The Victorian budget doubles real infrastructure funding compared
to the decade average – providing firm dollars to back its
projects, off the back of continuing asset recycling and other
reforms, said Infrastructure Partnerships Australia (02 May 2017).
More...
Power generators commit to worker transfer
scheme
The Andrews Labor Government has reached agreement with all three
power generators to participate in the landmark worker transfer
scheme to help displaced Hazelwood workers (01 May 2017).
More...
New Building Disputes Umpire on the beat
The Minister for Consumer Affairs Marlene Kairouz today declared
Domestic Building Dispute Resolution Victoria open for business
(DBDRV). The DBDRV is an independent agency that
will act as a mediator to deal with contested building projects on
behalf of both builders and homeowners (26 April 2017).
More...
In the media – New South Wales
Second international airport for New South
Wales
Construction has started on the upgrade of Newcastle Airport, which
will allow direct international flights for the first time (01 May
2017).
More...
Berejiklian must stop the shonky business of fake
accreditation
The fragility inherent to the governance of regulatory standards
and the impact that it has on the validity of the training and
accreditation of persons working in the building and construction
sector was once again on display with the reporting of a case in
New South Wales that involved industrial scale fraud to sell
essential workplace credentials (02 May 2017).
More...
Compliance blitz to target Parramatta River building
sites
The New South Wales Environment Protection Authority
(EPA), Department of Planning and Environment, and
local councils will join forces for a soil and erosion control
blitz at construction sites around Parramatta River throughout May
(01 May 2017). More...
In the media – Queensland
Watpac to build new North Queensland
Stadium
Watpac Limited has today been appointed as the Managing Contractor
for Townsville's $250 million North Queensland Stadium. The
national construction and civil and mining group will deliver the
two-stage design and construct contract (05 May 2017).
More...
Brisbane River Catchment Flood Study release prompts
flood-management plans
Homes across Southeast Queensland could be added to the list of
flood-prone properties as councils get handed data to devise new
flood-management plans (05 May 2017).
More...
Local jobs loom as Colton gains coal mine
leases
The proposed $300 million Colton Coal mine near Maryborough, and up
to 120 new long-term jobs, are rolling up to the start line (04 May
2017).
More...
Black lung training to upskill coal miner
medicos
Doctors will require specific skills and experience in black lung
to provide compulsory health checks on Queensland coal miners (04
May 2017).
More...
Queensland shines in new solar report
Recent research by the Clean Energy Council confirms that
Queensland is on track for over $2 billion in investment, based on
new renewable energy projects under construction or due to begin
construction in 2017 (03 May 2017).
More...
Burdekin Falls Dam hydro-electricity to power North
Queensland: Premier
The Palaszczuk Government will invest to develop a business case
for a hydro-electric power station on the State's largest dam -
Burdekin Falls Dam - to secure energy and support jobs for North
Queensland (29 April 2017).
More...
Government backs community housing with $1.8M
deal
A new partnership agreement between the State Government and the
state's community housing peak body is set to drive more
investment in affordable housing across the sector (28 April 2017).
More...
Substation upgrade to boost flood
resilience
Powerlink's Rocklea Substation is undergoing a $21 million
upgrade to boost its flood resilience (27 April 2017). More...
Published
ACI Construction Brief
A fortnightly communication highlighting key updates related to
Australia's construction industry.
Tracking towards 2020: encouraging renewable energy in
Australia
Clean Energy Regulator: 03 May 2017
The report provides an overview of the operations of the
Renewable Energy (Electricity) Act 2000 in 2016. The
report also includes the annual statement on progress toward the
2020 Large-scale Renewable Energy Target.
Practice and courts
ABCC E-Alert: Building Code 2016 updated
guidance material
The ABCC has today published updated guidance material to help
stakeholders consider whether enterprise agreements are compliant
with the Building Code 2016. The spreadsheet contains
examples of both compliant and non-compliant clauses (05 May 2017).
The updated Guidance Material is available on the
ABCC website.
Changes to Commercial Building Disclosure and Best
Practice Leasing Standard
From 1 July 2017, the mandatory disclosure threshold on commercial
office buildings will be lowered from 2,000 square metres to 1,000
square metres. More information on the CBD Program can be found here;
information on how building owners can improve the energy
efficiency of their building in preparation for a Building Energy
Efficiency Certificate can be found
here.
Senate inquiry update
Non-conforming building products
Status: Accepting Submissions; Date Referred: 11 October 2016;
Submissions Close: 01 December 2016; Reporting Date: 25 May
2017.
National Infrastructure Summit, Sydney, June 28 - June
29
This year the focus is on driving growth through smarter, more
efficient cities. Over 300 of Australia's top investors,
planners, contractors, advisers and policy-makers will be in
attendance – at what is the nation's premier
infrastructure event. Learn more and register your place
here.
Queensland
Economic impact guidelines for Queensland major projects
released
The Queensland Government has made the
first guidelines for Economic Impact Assessment for major or
coordinated projects. Coordinated projects are typically major
projects (for example the Townsville Port Expansion or the Adani
Carmichael Mine and Rail project) that are complex, pose high
environmental risk or are of strategic significance to the
government; they are assessed by way of Environmental Impact
Statement (EIS) by the
Queensland Coordinator-General (27 April 2017).
Cases
Queensland Building and Construction Commission v
Turcinovic [2017] QCA 077
PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE
SCHEME – where application by appellant for summary judgment
refused – where appellant sought recovery – where
respondent carried out residential construction work – where
there was a policy of insurance – where appellant made
payments to the respondent as payments on a claim under the
insurance policy – where respondent claimed payment was not a
payment under the insurance scheme – whether payment was made
on a claim under the insurance scheme – whether payment made
under insurance policy – whether liability of a building
contractor to pay – whether judge erred in refusing summary
judgment – whether the reasonableness of a payment under the
scheme was a ground of liability under s 71(1) Queensland
Building and Construction Commission Act 1991 –
interpretation of "payment on a claim under the insurance
scheme" Uniform Civil Procedure Rules considered.
United Petroleum Pty Ltd v Bonnie View Petroleum Pty Ltd (In
Liquidation) & Ors [2017] VSC 185
CONTRACT - Sale of petrol station business - contamination found-
Side agreement making provision for vendor to complete remediation
works and assign lease - works not commenced - Election to assign
lease - Whether breach of agreement in failing to commence and
complete works and for failure to do all things necessary to assign
lease - Construction of terms of agreement - certainty of terms -
Delay in election- Whether agreement varied - whether waiver of
rights - Whether valid election - Whether termination by reason of
negotiations towards/entry into subsequent direct lease with
landlords.
LOSS AND DAMAGE - Whether losses suffered by reason of alleged
breaches - Whether loss restricted to economic value of contract -
Whether failure to mitigate.
BANK GUARANTEE - Whether plaintiff entitled to apply bank guarantee
and retention amount towards damages pursuant to side agreement -
Whether alternatively claims for damages can be set off against
vendor's claims to guarantee/retention amounts pursuant to
Corporations Act 2001 (Cth) s 553C - Whether calling on bank
guarantee was a void disposition under Corporations Act 2001 (Cth)
s 468.
Masters
Home Improvement Australia Pty Ltd v North East Solutions Pty Ltd
[2017] VSCA 88
CONTRACTS – Construction and interpretation of contracts
– Whether Agreement for Lease incorporated Letter of Offer
– Principles regarding when term will be implied or inferred
well settled – Codelfa Construction Pty Ltd v State Rail
Authority of New South Wales (1982) 149 CLR 337, Grocon
Constructors (Victoria) Pty Ltd v APN F2 Project 2 Pty Ltd
[2015] VSCA 190, Byrne v Australian Airlines Ltd (1995)
185 CLR 410.
CONTRACTS – Breach – Whether applicant had breached
obligation to act reasonably and in good faith in resolving
differences regarding cost of constructing store – No
sufficient basis for findings of breach.
EVIDENCE – Inferences – Drawing adverse inferences in a
civil case – Whether inferences drawn were open on the facts
– Breach of the rule in Browne v Dunn – Failure by a
party to put allegation to witness directly relevant to assessing
whether inference is open – No sufficient basis for
inferences and findings made – Briginshaw v
Briginshaw [1938] HCA 34; (1938) 60 CLR 336, Browne v
Dunn (1893) 6 R 67.
DAMAGES – Quantification of loss and damage – Damages
for loss of opportunity – Court must ask whether there was a
commercial opportunity of some value and whether opportunity would
have been pursued – Court looks to what amount should be
awarded having regard to prospects of success if opportunity
pursued – Judge applied discount of 25 per cent – 25
per cent discount did not reflect high risk that not all options
would be exercised – Risk warranted applying discount between
50 and 75 per cent.
EVIDENCE – Expert evidence – Whether Court bound to
accept evidence of experts – Court should not take on role of
expert – Court's role is to evaluate expert evidence
critically – Not Court's role to bring third set of
opinions to arena or piece together own evaluation – Where
conflicting evidence Court may accept part of evidence and reject
other parts – Court may make adjustments to conclusion of
expert in some circumstances – Court may disregard non cogent
expert evidence.
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.