Australia: Construction & Infrastructure News – 19 July 2017

In the media – National

More action needed to protect vital infrastructure corridors
Infrastructure Australia has launched a new policy paper compelling Australian governments to act to protect vital infrastructure corridors and avoid cost overruns, delays and community disruption when delivering new infrastructure (07 July 2017). More...

In the media – Victoria

Ballarat Line Upgrade Kick Starts Regional Rail Revival
The Andrews Labor Government's Regional Rail Revival starts today with Lendlease, Coleman Rail and SMEC now the preferred bidder to transform the Ballarat line (13 July 2017). More...

Victoria forms cladding taskforce to stamp out building fires
A new taskforce has been formed to investigate flammable cladding on Victoria's buildings after the State Government gave the order in response to audit results and recent building fire cases. The VBA has audited more than 200 city properties for the combustible material (04 July 2017). More...

In the media – New South Wales

Metron wins Sydney Metro design contract
Arcadis and joint venture partner Mott MacDonald as joint lead designers in the METRON consortium have won the Underground Station Design and Technical Services (USDTS) contract as part of Stage 2 of the Sydney Metro project (14 July 2017). More...

Coal miner Clarence Colliery fined $1 million for major Wollangambe River spill in Blue Mountains
Coal miner Clarence Colliery has been fined more than $1 million for a major spill which polluted a river in the world-heritage listed Blue Mountains (14 July 2017). More...

Port of Eden gets $44 million upgrade
Tourism to Eden and surrounding regions is getting a major boost thanks to the NSW Government's approval of a $44 million upgrade of Eden Wharf (07 July 2017). More...

Size of major proposed New South Wales wind farm to be reduced to allay concerns
A company planning what could be one of Australia's biggest wind farms has cut the number of proposed turbines to minimise the impact on nearby landowners (06 July 2017). More...

In the media – Queensland

Renowned town planner Michael Batty warns of challenges ahead for Brisbane
An internationally renowned town planner, who this week visited Brisbane for the first time in 35 years, has praised the city's growth but warned of future challenges as critical infrastructure became obsolete (14 July 2017). More...

Bruce Highway to stay dry as flood resilience works progress
Two preferred tenderers have been shortlisted to deliver the $515 million project to upgrade the notoriously flood-prone Haughton River Floodplain section of the Bruce Highway, about 50 kilometres south of Townsville. The shortlisted contractors are Seymour Whyte-John Holland joint venture with AECOM and The Infrastructure Group joint venture between Bielby, BMD Constructions, JF Hull and Albem Pty Ltd with ARUP Group and HDR Inc (13 July 2017). More...

CPB Contractors wins $400 million JV airfield works at Brisbane Airport
CPB Contractors has been awarded the $400 million Airfield Works contract by Brisbane Airport Corporation Pty Ltd to construct the New Parallel Runway in a 50:50 joint venture with BMD Constructions (10 July 2017). 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.

New South Wales

Fire Safety Regulation Reform
The Environmental Planning Assessment Amendment (Fire Safety and Building Certification) Regulation 2017 has been published and will come into effect on 1 October 2017. These are important reforms that will improve fire safety in new and existing buildings. The amendments introduce new requirements affecting the design, approval, construction and maintenance of fire safety measures (06 July 2017). More...

Strata building bond scheme now commences 1 January 2018
The new strata building bond and inspection scheme will now commence on 1 January 2018. It was originally scheduled to commence on 1 July 2017. More...

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...

Victoria

Vital practitioner resource on fire performance of external walls and cladding
The VBA recommends Victorian building practitioners, particularly those involved in the design, construction, fit-out and oversight of buildings, use this ABCB Advisory Note to inform themselves on the Australian Standard for testing external wall assemblies and CodeMark Certificates of Conformity (14 July 2017). More...

Cases

In the matter of Evolvebuilt Pty Limited [2017] NSWSC 901
Payment by third party head contractor of debts owed by subcontractor to secondary subcontractors not 'received from the company' under s 588FA. Judgment for the defendant, with costs. CORPORATIONS – external administration – winding up – liquidators' claims and remedies – unfair preferences – payment by third party to company's creditor – in what circumstances to be treated as payments by the company – whether "received from the company" – defences – reasonable grounds to suspect insolvency – distinction between insolvency and temporary cashflow problem.

Dunn v Hanson Australasia Pty Ltd [2017] ACTSC 169
CONTRACTS – BUILDING CONTRACTS – Breach – breach of statutory warranties – breach of express written terms – breach of contractual warranty – failure to rectify defects – quantum of damages. TRADE PRACTICES – MISLEADING AND DECEPTIVE CONDUCT – Representations – quantum of damages – ancillary liability for damages – proportionate liability. DAMAGES – CONTRIBUTION AND APPORTIONMENT – Proportionate liability – " building action" – "apportionable claim" – "concurrent wrongdoer". Building Act 2004 (ACT), ss 88, 140, 141, Part 9. Civil Law (Wrongs) Act 2003 (ACT), ss 107A, 107F(3)(b). Civil Liability Act 2002 (NSW).

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.

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Authors
Scott Alden
Christine Jones
 
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