Australia: Construction & Infrastructure News – 11 October 2017

Last Updated: 15 October 2017
Article by Troy Lewis, Stephen Burton, Suzy Cairney, Stephen Natoli, Kyle Siebel, Scott Alden, Christine Jones and Helena Golovanoff

Most Read Contributor in Australia, September 2018

In the media – National

Last Queensland Inland Rail preferred section selected
Federal Minister for Infrastructure and Transport Darren Chester today announced the preferred corridor for the Yelarbon and Gowrie section of the Inland Rail project, which will transform regional economies (05 October 2017). More...

Building surveyors step up with a policy on dodgy building products
The Australian Institute of Building Surveyors has called for urgent, nation-wide overhaul of building regulations to address dodgy building products. According to AIBS president Timothy Tuxford, there are "ambiguities in the National Construction Code, a lack of oversight and auditing, no mechanism for checking whether building products arriving on site are properly certified to Australian standards..." (03 October 2017). More... More...

In the media – Victoria

New Rehab Bonds for Latrobe Valley Coal Mines
The Andrews Labor Government is giving Latrobe Valley communities greater confidence in mine safety and rehabilitation by announcing new security bonds for the three local mine operators. The bonds allow the Government to draw on the money should any of the mine operators not fulfil their rehabilitation obligations (06 October 2017). More...

Plans submitted for southern hemisphere's largest wind farm
A German-based wind farm manufacturing company has submitted a $1.7 billion proposal to Victoria's Golden Plains Shire for the southern hemisphere's biggest sustainability project. Through their Australian arm, WestWind Energy, the international WestWind Group have proposed to develop the Golden Plains Wind Farm, which was designed for up to 235 wind turbines across an area of 17,345 hectares (29 September 2017). More...

In the media – New South Wales

Laing O'Rourke joint venture awarded Sydney Metro Sydenham upgrade
A joint venture partnership between Laing O'Rourke and John Holland has been awarded the contract to upgrade Sydenham Station for Sydney Metro – Australia's biggest transport project. More...

Infrastructure plans boost Sydney in city ranking
Sydney has been buoyed in a ranking of the top global cities by the substantial investment in infrastructure, a JLL report indicates (27 September 2017). More...

In the media – Queensland

Mareeba Hospital site for $1.5 million staff accommodation project
Mareeba Hospital will be the location of a new $1.5 million staff accommodation building, the Palaszczuk Government has announced (06 October 2017). More...

Seymour Whyte delivers Australian first at Port of Brisbane
Seymour Whyte has successfully installed Australia's longest pre-stressed bridge girders for the Port of Brisbane's $110 million Port Drive Upgrade project, with the longest span measuring 46m (05 October 2017). More...

MBA: Stepping up the fight against PBAs

Master Builders has launched the next round of a campaign fighting the Queensland Government and Housing & Public Works Minister, Mick de Brennis's, Building Industry Fairness Bill, tabled in parliament earlier this month. Master Builders CEO, Grant Galvin says the legislation, which is believed will be debated in parliament in coming weeks will really pack a punch for the building industry, but not in a good way (04 October 2017). More...

QBCC reform hits the mark
Queensland is developing the nation's best building regulator with new powers and a new approach implemented at the Queensland Building and Construction Commission (29 September 2017). More...

Published

ACI Construction Briefs
A fortnightly communication highlighting key updates related to Australia's construction industry.
Global & Domestic Outlook for Construction Sector

Infrastructure Australia speech:
Infrastructure Regulation and Market Reform in Australia and the UK

Building Queensland 2016–17 Annual Report
Of these proposals, Building Queensland identified 26 as priorities for further development by the state across its December 2016 and June 2017 Infrastructure Pipeline Reports. 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.

Queensland

Certification of adjudication applications open
The Certificate in Adjudication course for those QLS members who wish to become adjudicators under the Building and Construction Industry Payments Act 2004 (Qld) will be held on 12, 13 and 14 February 2018. Application forms may be downloaded here or on the QBCC website.

Cases

Castle Constructions Pty Ltd v Ghossayn Group Pty Ltd [2017] NSWSC 1317
Adjudicator's determination to be quashed.
BUILDING AND CONSTRUCTION – challenge to jurisdiction of adjudicator to make determination under the Building and Construction Industry Security of Payment Act 1999 – whether there was an available reference date to support the payment claim the subject of the determination – whether defendant was a head contractor as defined in the Act and thus obliged to cause its payment claim to be accompanied by a supporting statement – whether adjudicator's acceptance was served on plaintiff when deposited into its letterbox by a neighbour into whose letterbox Australia Post had wrongly deposited the adjudicator's acceptance. Building and Construction Industry Payments Act 2004 (QLD); Building and Construction Industry Security of Payment Act 1999 (NSW); Evidence Act 1995 (NSW).

Quickway Constructions Pty Ltd v Electrical Energy Pty Ltd (No 2) [2017] NSWSC 1303
Determination made in breach of rules of natural justice quashed, and other consequential orders. Judgments and Orders – construction contracts – challenge to adjudication determination – denial of natural justice – declaration that determination is void – order quashing determination – appropriate relief.

Austral Precast v Australia Cenvic [2017] VSC 582
BUILDING CONTRACTS – Construction dispute - Adjudication – Adjudication Certificate – Satisfaction of the requirements of the Building and Construction Industry Security of Payment Act 2002 (Vic), ss 28Q and 28R – Entry of judgment under the Building and Construction Industry Security of Payment Act 2002 (Vic), s 28R.

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
Suzy Cairney
Kyle Siebel
Scott Alden
Christine Jones
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