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).
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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.
