Australia: Construction & infrastructure news – 21 June 2017

In the media – National

MBA: London Apartment Tower Fire, Are There Issues For Australia?
Denita Wawn, CEO of Master Builders Australia said the relevant laws we have in Australia are comprehensive and under almost continuous review. Master Builders and members understand the importance of ensuring building products are fit for purpose and installed correctly, but there is always a risk that some products entering Australia don't meet minimum requirements (15 June 2017). More...

GBCA: We need bipartisan support for a new energy blueprint
The recommendations outlined in the Finkel Review demand bipartisan support, says the nation's green building authority. The Independent Review into the Future Security of the National Electricity Market has found a Clean Energy Target is the most effective mechanism to reduce emissions while supporting energy security and reliability (09 June 2017). More...

Builder Insolvencies and Holes in the Ground
The Australian high-rise apartment boom is winding down and there are signs that some contractors are winding up (08 June 2017). More...

In the media – Victoria

A Bolt from the Blue: The VBA Class Action
On 1 June, the VBA were served with the Range View Supreme Court writ. This action is unprecedented and its outcomes will determine the shape of the building industry for many years into the future. Both the builders and consumers have had enough, and as the class actions mount, the VBA may finally understand the role of a regulator as the Supreme Court will be the final judge of their performance or the lack of it (14 June 2017). More...

Subsequent Purchasers: What are Builders still potentially liable for?
It's relatively common to have defects in a commercial or residential building that are not immediately apparent, and in these cases a court or tribunal such as VCAT often awards compensation. Questions often arise for builders generally as to their potential exposure to pay damages in such a case and to whom (13 June 2017). More...

In the media – New South Wales

M4-M5 link tenderers shortlisted
Premier Gladys Berejiklian and Minister for WestConnex Stuart Ayres said John Holland CPB Contractors joint venture and Lend Lease Samsung Bouygues joint ventured have been selected to tender for the M4-M5 link which will create a non-stop underground western bypass of Sydney CBD (16 June 2017). More...

$1 Billion for Western Sydney roads The New South Wales 2017-18 State Budget has allocated more than $1 billion to improve roads across Western Sydney. The investment includes $153 million for Western Sydney growth roads such as the Narellan Road upgrade and the second stage of the upgrade of Schofields Road (16 June 2017). More...

In the media – Queensland

Inland rail on-track to bring jobs to South East Qld
The third Queensland stage of the $10.9 billion Melbourne to Brisbane Inland Rail Project has been declared a coordinated project by the state's independent Coordinator-General (16 June 2017). More...

MBA State Budget 2017-18 Highlights for building and construction While the budget was touted as delivering job-creating infrastructure, the total capital program was down on last year's budget by half a billion to $10.2 billion (16 June 2017). More...

Gateway Upgrade North reaches half way mark
Australian Government: The $1.1 billion Gateway Upgrade North project has reached the halfway mark of construction, and has been given an independent design rating of 'excellent'. The Australian Government is committing $914.18 million and the Queensland Government is committing $228.54 million to the Gateway Upgrade North project (14 June 2017). More...

Port of Brisbane planning advisors appointed
Port of Brisbane (PBPL) has appointed a number of technical advisors to progress planning for the proposed Brisbane International Cruise Terminal. The appointments include, CPM Engineering – Project Management Assistance; ARUP (in conjunction with Arkhefield) – Engineering and Design consultants; and BMT WBM and Buckley Vann Planning – Planning applications and lodgements (09 June 2017). More...

Practice and courts

National Infrastructure Summit, Sydney, 28 – 29 June
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

Queensland Master Builders: Queensland's new planning system
New planning legislation set to replace the Sustainable Planning Act 2009 will come into effect from 3 July 2017. Benefits for builders and contractors - QMB have outlined some changes that have been made to the existing legislation and planning system, and the resulting benefits. More...

Better Mine Rehabilitation for Queensland
The Queensland Government is proposing a new policy for mine rehabilitation outlined in a discussion paper. The proposed rehabilitation policy is a key component of an integrated mined land management framework, which also includes six delivery elements. Read the Better Mine Rehabilitation for Queensland discussion paper and complete the survey.

Victoria

Building Regulations Sunset Review
DELWP has released the proposed Building Regulations 2017 for consultation. Have your say on the proposed Regulations until 18 July 2017. More...

Cases

Hi-Rise Access Pty Ltd v Standards Australia Limited [2017] FCA 604
CONSUMER LAW – Misleading or deceptive conduct –knowledge to be imputed to the target audience – whether the impugned statements conveyed the representations alleged – whether representations of fact or opinion – whether representations "in trade or commerce" – principles relevant to conduct "in trade or commerce" – whether activities of peak Australian Standards body in developing, publishing and promoting Australian Standards is "in trade or commerce"– conclusion that the relevant activities are not "in trade or commerce" - Competition and Consumer Act 2010 (Cth); Sch 2, Australian Consumer Law; Trade Practices Act 1974 (Cth)
Hi-Rise alleges that these representations constitute misleading or deceptive conduct in trade or commerce, in breach of s 18 of the Australian Consumer Law (the ACL) in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Amongst other things it contends that the requirements under the 2013 Standard in fact make it less safe and more risky for users than the requirements under the 1992 Standard, and the 2013 Standard does not provide greater safety to users, does not ensure building sites provide the optimal level of safety to users, and is not primarily intended to provide safe access and to reduce the risks to the safety of users.

UGL Rail Pty Limited v Trox (Australia) Pty Limited [2017] NSWSC 770
BUILDING AND CONSTRUCTION – whether sound attenuators designed and supplied by the defendant for the Lane Cove Tunnel Project were defective – BUILDING AND CONSTRUCTION – whether UGLR instructed Trox to repair, modify, replace and/or provide again the defective attenuators – where notices given to Trox were ineffective – CONTRACT – whether UGLR is entitled to recover damages – where Alstom subcontracted to Trox responsibility to design and supply the sound attenuators (Trox subcontract) – where Alstom sold its "Business" and all "Contracts" relating to it to UGLR (Sale contract) – whether Alstom appointed UGLR to be its agent for the purpose of administering and performing the Trox subcontract – whether UGLR had implied actual authority to administer and perform the Trox subcontract – whether UGLR's conduct was ratified by a deed of assignment – whether Alstom became a trustee of its rights under the Trox subcontract for the benefit of UGLR – CONTRACT – whether after completion of Sale contract Alstom suffered loss compensable in damages by reason of the defects – CONTRACT – whether UGLR incurred costs and expenses – where works were done by related companies – where UGLR has no obligation in relation to the costs and expenses incurred by those companies.

Home Site Pty Limited v ACN 124 452 786 Pty Limited (formerly known as Nahas Construction (NSW) Pty Limited) [2017] NSWSC 698
BUILDING AND CONSTRUCTION – contract –extension of time clause – whether terms of contract relating to extension of time were modified by deed of amendment – whether defendant entitled to extension of time under contract – whether plaintiff entitled to liquidated damages under contract. BUILDING AND CONSTRUCTION – contract – liability for defective works – whether contract specification required rectification of defects – whether rectification of defects unreasonable. BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) s 10 – whether Home Building Act 1989 (NSW) s 10 applies. CONTRACT – building and construction contract – unenforceable – quantum meruit claim – whether plaintiff entitled to recover fair and just compensation for work completed in accordance with contractual specifications – whether costs incurred for work were reasonable – whether deductions should be applied to quantum meruit claim. CONTRACT – consideration – promise to perform existing duty – whether bona fides compromise of a disputed claim made. CONTRACT – construction and interpretation – "practical completion" – when did "practical completion" occur. CONTRACT – construction and interpretation – whether contract can be inferred from parties' conduct – whether words and conduct of parties would lead a reasonable person in the position of the other party to believe there was a contract. PRACTICE AND PROCEDURE – Uniform Civil Procedure Rules 2005 (NSW) r 14.14 – whether point should have been pleaded – whether point likely to take defendant by surprise.

Minesco Pty Ltd v Anderson Sunvast Hong Kong Ltd [2017] VSC 299
ADMINISTRATIVE LAW — Judicial review — Delay in commencing proceeding — Extension of time — Supreme Court (General Civil Procedure) Rules 2015 (Vic) — O 56 — r 56.02(3). ADMINISTRATIVE LAW — Building and Construction Industry Security of Payment Act 2002 (Vic) — Natural justice — Whether lack of appearance of procedural fairness in adjudication process amounts to breach of natural justice.
BUILDING AND CONSTRUCTION —Claim for relief in the nature of certiorari quashing an adjudication determination — Whether adjudicator denied respondent natural justice — The Hickory principle (Hickory Developments Pty Ltd v Schiavello (Vic) Pty Ltd & Anor [2009] VSC 156; (2009) 26 VR 112, 143 [142] considered — Building and Construction Industry Security of Payment Act 2002 (Vic) s 21.

Melbourne Steel Erectors v M&I Samaras [2017] VSC 308
ADMINISTRATIVE LAW – Judicial Review – Determination of an Adjudicator appointed under the Building and Construction Industry Security of Payment Act 2002 (Vic) – Withdrawal of payment claim – Duplication of Final Payment Claim in respect of the same reference date – Whether error of law amounting to jurisdictional error – Certiorari sought – Building and Construction Industry Security of Payment Act 2002 (Vic), ss 14(6) and 14(8).

Legislation

Bills

Environment and Infrastructure Legislation Amendment (Stop Adani) Bill 2017
Introduced and read a first time 13 Jun 2017; Second reading moved 13 Jun 2017; Second reading debate 15 Jun 2017 - proposes to make sure that the Australian Government cannot hand out $1 billion to Adani for their coal railway via the Northern Australia Infrastructure Facility (NAIF) by creating a broad "suitable person" test under the Northern Australia Infrastructure Facility Act 2016.

Building and Construction Legislation (Non-conforming Building Products - Chain of Responsibility and Other Matters) Amendment Bill 2017

The Bill will seek to amend the Queensland Building and Construction Commission Act 1991 to enable QBCC to inspect sites, take samples for testing and direct rectifications. Provisions within the Bill will place additional duties on building supply chain participants and widen grounds for the QBCC to take disciplinary action against a licensee. The Committee has called for submissions by 21 June 2017. The Government aims to have the legislation in effect by the end of the year.

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
Scott Alden
Christine Jones
 
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
Check to state you have read and
agree to our Terms and Conditions

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.

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 by clicking here .

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.

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.