In the media
National
AGL agrees to sell North Queensland gas
assets
Energy giant AGL has agreed to sell its North Queensland gas assets
to an Asian-Australian consortium – continuing its intentions
to exit the exploration and production of natural gas (25 August
2017).
More...
What subcontractors and suppliers need to know about
head contractor insolvencies
All up, 1,481 companies within the construction sector entered some
form of external administration over the 12 months to March this
year according to data from the Australian Securities and
Investments Commission. Of these, 1,112 were liquidated. That
raises questions about what subcontractors and suppliers need to be
aware of when parties up the chain become insolvent and what
decisions and actions they need to undertake (24 August 2017).
More...
New South Wales
Light rail project reaches new milestone
Parramatta Light Rail has reached the next major milestone with the
release of the project's environmental Impact Statement
(EIS) to allow for community and stakeholder
feedback. "Parramatta Light Rail will revolutionise the way
people move around the region, and create more local jobs, and
improve the access to major health and sporting destinations (25
August 2017).
More...
Inspectors target structural collapse after spate of
incidents
WorkSafe inspectors will hone in on the risks of structural
collapse during construction work as part of their latest safety
blitz following a spate of incidents in recent months. As part of
the state-wide campaign, inspectors will focus on buildings and
associated structures under construction including walls and frames
(21 August 2017).
More...
$500 million to grow local economies
Premier Gladys Berejiklian announces the opening of the Growing
Local Economies Fund, which will use an innovative new funding
model to target $500 million in investments in business-boosting
infrastructure across regional NSW (17 August 2017).
More...
Queensland
Risky, flammable building products targeted in new
Queensland safety blitz
Queensland Parliament hands new powers to the construction watchdog
to crack down on suppliers of flammable cladding and other unsafe
building products, in the wake of the Grenfell Tower fire in
London. Suppliers of flammable cladding and other unsafe building
products will be held accountable by Queensland's construction
watchdog under new powers granted by State Parliament (25 August
2017).
More...
Underground coal gasification now prohibited in
Queensland
A ban on underground coal gasification (UCG) in
Queensland is now the letter of the law, following the successful
passage of legislation in Parliament today. Issues associated with
two of the three trial projects and the uncertainty about
commercial scale operations, have highlighted significant risks
with this industry which are just not acceptable, according to the
Government (25 August 2017).
More...
More...
Conservation foundation loses appeal against Carmichael
coal mine
Environmentalists who have lost another appeal against Adani's
$16 billion Carmichael coal mine in Queensland's Galilee Basin
say the decision is "just another step in the most significant
environmental campaign of our generation" (25 August 2017).
More...
New FIFO law benefits regional
communities
The Palaszczuk Government today delivered on its election
commitment to legislate against 100 per cent fly-in fly-out
(FIFO) workforces on large resource projects near
regional communities (24 August 2017).
More...
Bill brings certainty to landholders, resources
industry
New legislation introduced into Parliament today will provide
landholders and resource companies with greater certainty when
negotiating conduct and compensation agreements and make good
agreements. The Mineral, Water and Other Legislation
Amendment Bill would streamline and improve negotiation
processes, making it easier for landholders and resources companies
to co-exist (22 August 2017).
More...
Huge North Queensland hydro and solar
project
The construction of more than 500 megawatts of hydro and solar is
one step closer after an agreement was signed yesterday between
Powerlink and Genex Power Limited to progress Stage 2 of the
Kidston Hydro-Solar Project (19 August 2017).
More...
Victoria
Experts recommend significant changes to West Gate
Tunnel project <
A panel of architects,
landscape architects and urban designers has recommended that the
Victorian government make significant changes to its plans to
connect central Melbourne to the city's west via a major road
and cross-river tunnel and bridge system (23 August 2017).
More...
Power station emissions regulated by EPA
Victoria
Power stations in Victoria must operate under an Environment
Protection Authority Victoria (EPA) licence and
ensure strict emission limits are adhered to or face prosecution
for breaches of the Environment Protection Act 1970 (18
August 2017).
More...
Legal action against CFMEU for allegedly threatening to
shut down Melbourne project
Federal Court proceedings have been launched against the CFMEU and
two representatives for allegedly preventing non-financial members
from working at a Melbourne construction site (18 August 2017).
More...
Angry tradies chase builder for millions over apartment
project
A Melbourne builder is being hunted by angry tradesmen who claim
they are owed millions of dollars for work on an apartment complex
in which underworld figure Mick Gatto has a financial interest (18
August 2017).
More...
Practice and courts
Infrastructure Australia: Infrastructure Priority List:
Call for submissions
Infrastructure Australia is calling on Australian governments and
industry leaders to identify infrastructure problems and
opportunities of national significance as part of its 2018
Infrastructure Priority List (IPL) update. The
revised IPL is due for publication in February 2018. The submission
period will close on 27 October 2017. Proponents can make a
submission via the
Infrastructure Priority List—Call for submissions
page.
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
New South Wales Government: Have your say on the new
home building insurance standards
SIRA is encouraging builders, homeowners, financial service
providers, and other interested people to provide input on the
proposed new home building compensation insurance standards in NSW.
To have your say and find out more, visit the SIRA website at www.sira.nsw.gov.au
(18 August 2017).
New South Wales BPB: NCC consultation ends 10 September:
fire safety in high-rise buildings
The Australian Building Codes Board is exhibiting proposed changes
to the National Construction Code (NCC) relating
to fire safety in high-rise buildings (23 August 2017).
More...
New South Wales BPB: Strata building bond scheme now
commences 1 January 2018
The new strata building bond and inspection scheme will now
commence on 1 January 2018.
More...
Queensland
Construction Materials Environmental Management
Conference
Register now to attend the CMEMC17 on 13 September 2017 in
Brisbane.
Co-hosted by Cement Concrete and Aggregates Australia
(CCAA), the Institute of Quarrying Australia
(IQA), and EHP—the day's
program will focus on sharing and promoting good environmental
management practices, and provide a forum to foster improved
relations between industry operators and government representatives
about environmental management regulatory issues.
Cases
Forrest
& Forrest Pty Ltd v Wilson [2017]
HCA 30
Appeal allowed. Mining – Application for mining lease –
Statutory conditions – Proper construction of s.74(1)(ca)(ii)
of Mining Act 1978 (WA) – Where statutory regime
conferred power on executive government of State to grant exclusive
rights to exploit resources of State – Where s.74(1)(ca)(ii)
provided application for mining lease "shall be accompanied
by" mineralisation report – Effect of non-compliance
with s.74(1)(ca)(ii) – Whether non-compliance with
s.74(1)(ca)(ii) invalidated exercises of jurisdiction to progress
application through to grant. Words and phrases –
"condition precedent", "indefeasibility",
"informality", "irregularity",
"jurisdictional error", "shall be accompanied
by". Mining Act 1978 (WA), ss.71, 74, 74A, 75,
116(2).
Gaycel Pty Ltd v Heski Carpenters Pty Ltd [2017]
VSC 450
JUDICIAL REVIEW – Decision of VCAT – Building dispute
involving 'cost plus contract' and provision of estimate
– Alleged misleading and deceptive conduct in provision of
estimate – Whether failure to consider evidence of inducement
and loss given 'cost blowout' – Whether failure
'to apply the law of negligence' – Whether question
of law raised in relation to alleged common law claim for delay
damages – Whether discretion miscarried in refusing amendment
– No merit to the extent any question of law was raised
– Leave refused – Victorian Civil and
Administrative Tribunal Act 1998 (Vic) s.148.
H Troon v Marysville Hotel and Conference Centre [2017]
VSC 470
CONTRACTS – Building Contract – Modified AS2124-1992
– Provision of Security – Performance Guarantee –
Clause 5 (as modified) – Unconditional Banker's
Undertaking – Application for interlocutory injunction to
restrain recourse to security – Whether serious issue to be
tried as to existence of negative stipulation – Beneficiaries
unconscionable conduct in seeking recourse – Whether
Principal's conduct in relation to issue of Final Certificate
was unconscionable – Operation of Clause 42.8 of the
Contract.
Mt Lewis Estate Pty Ltd v Metricon Homes Pty Ltd
[2017] NSWSC 1121
BUILDING AND CONSTRUCTION - Building and Construction Industry
(Security of Payment) Act 1999 (NSW) (the
Act) – ss.13, 21(3), 29, 31 –
Building and Construction Industry (Security of Payment)
Regulation 2008 (NSW) (the Regulation)
– whether the defendant's payment claim dated 16 December
2016 complied with the requirements of ss.13(7) and (9) as being
accompanied by a compliant supporting statement – whether the
supporting statement which accompanied the claim complied with the
requirements of ss.13(7) and (9) and the Regulation – HELD:
supporting statement did not comply because the declaration
contained in it was made on a date earlier than the payment claim
identified as the one it purported to support – HELD: the
purported payment claim did not effectively invoke the procedures
under the Act – HELD: the adjudication determination of the
second defendant void – where notice of acceptance of
appointment under s.21(3) was actually received by the plaintiff
but in a manner not expressly provided for by s.31 – HELD:
actual receipt was effective notification under s.21(3)(a) –
HELD: adjudication determination out of time under s.21(3)(a) but
not void – under s.29(4) adjudicator not entitled to be paid
any fees and expenses.
Burragubba
v Minister for Natural Resources and Mines [2017] QCA
179
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – PROCEDURAL FAIRNESS – PROCEDURES PROVIDED BY
STATUTE – where the appellants were registered native title
claimants under the Native Title Act 1993 (Cth) (the
NTA) – where the National Native Title
Tribunal (NNTT) had determined that the grant of
mining leases over land the subject of the native title claim could
be done as a 'future act' under the NTA – where the
appellants sought judicial review of the NNTT determination –
where the first respondent decided to grant three mining leases to
the second respondent under the Mineral Resources Act 1989
(Qld) (the MRA) – where, in making the
decision, the first respondent concluded that native title
proceedings had been 'resolved', without consulting the
appellants, although the judicial review proceedings were reserved
pending judgment – where the MRA sets up a scheme for
objections to the grant of a mining lease to be made within a
limited time and for those objections to be considered by the Land
Court – where the appellants had not lodged an objection
under the MRA scheme – where the primary judge concluded that
the MRA provided a comprehensive code for affording procedural
fairness and had excluded the common law right to procedural
fairness – whether the MRA excluded the common law right to
procedural fairness – whether the first respondent was
referring to the native title claim being 'resolved' in the
sense of being extinguished or in the sense that the grant of a
mining lease could be done as a 'future act' under the NTA
– whether the first respondent was obliged to consult with
the appellants before concluding that the grant of a mining lease
could be done as a 'future act' under the NTA.
Terera v Clifford [2017]
QCA 181
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE
– QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF
COURT – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
where the respondent had performed tiling work for the applicants
– where the applicants complained to the Queensland Building
and Construction Commission and rectification work was completed
– where the applicants remained unsatisfied with the work and
refused to pay for the work – where the dispute proceeded to
the Queensland Civil and Administrative Tribunal
(QCAT) and then the QCAT Appeal division
(QCATA) – where the applicants were
successful only in part, and a costs order was made against the
applicants – where the applicants seek leave to appeal the
QCATA decision and the costs order – where the applicants
require an extension of time in which to appeal – whether an
extension of time is necessary and appropriate – whether
leave should be granted to allow the applicants to bring the
appeal.
Legislation
New South Wales
Bills assented to
Coal Mine Subsidence Compensation Act 2017 No 37 —
Assented to 14 August 2017.
Environmental Planning and Assessment Amendment (Staged
Development Applications) Act 2017 No 38 — Assented to
14 August 2017.
Environmental Planning and Assessment and Electoral Legislation
Amendment (Planning Panels and Enforcement) Act 2017 No 39
— Assented to 14 August 2017.
Queensland
Introduced by: Hon M de Brenni MP on 25/05/2017 Stage reached: Passed with amendment on 24/08/2017. Amendment of s 3 (Objects of Act) Section 3— inserts— (e) to regulate building products to ensure— the safety of consumers and the public generally; and (ii) persons involved in the production, supply or installation of building products are held responsible for the safety of the products and their use.
Bills
Building Industry Fairness (Security of Payment) Bill
2017
Introduced by: Hon M de Brenni MP on 22/08/2017 Stage reached:
Referred to Committee on 22/08/2017.
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.