Australia: Construction & Infrastructure News – 20 November 2017

Last Updated: 23 November 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, August 2018

In the media – National

$30 million in Melbourne to Brisbane Inland Rail contracts awarded
The Melbourne to Brisbane Inland Rail continues to make headway with almost $30 million in contracts awarded to four companies for feasibility and detailed design work on the nationally significant project. Federal Minister for Infrastructure and Transport, Darren Chester, said the contracts were awarded in a competitive process for work on four sections in New South Wales and Victoria (17 November 2017). More...

Australian construction outlook forecasts major growth by 2019
The latest Australian Industry Group-Australian Constructors Association Construction Outlook survey revealed the total value of major project work is forecast to lift 7.1 per cent in 2017-18, followed by a further jump of 6.8 per cent in 2018-19 (14 November 2017). More...

Opportunity Knocks: Accelerating energy efficiency in our cities
A broad coalition of industry associations and local governments that have developed a new policy framework to realise new sources of energy efficiency and reliability for Australia's mid-tier building stock, using existing policy levers. The report finds that up to 80,000 buildings in Australia are classified as 'mid-tier' – that is non-A Grade or non-Premium Grade – and that these buildings are a powerful mechanism to help better manage our increasing demand for new energy (13 November 2017). More...

Engineering vacancies up 57 percent in two years
Job vacancies in Australia's engineering sector are now back on the rise as the work on public sector road and rail projects drives demand forward (15 November 2017). More...

Australia not investing enough on freight infrastructure
As Australia undergoes record investment in roads and passenger rail, state and Commonwealth ministers have lined up to cut the ribbon on 'congestion busting' developments (14 November 2017). More...

ACIF industry leaders forecast a healthy recovery in non-residential building activity
The latest industry forecasts to be released today by the Australian Construction Industry Forum (ACIF) foreshadow that the decline in the work done in the building and construction industries will slow over the next three years, with an upswing predicted from 2019-20 (13 November 2017). More...

In the media - Victoria

New suburbs in Melbourne's north
The Andrews Labor Government is building new communities in Melbourne's north with the services and infrastructure families deserve (10 November 2017). More...

Build aware inspections taking place in Melbourne, Port Phillip and Stonnington
Five Victorian building regulators from the joint initiative 'Build Aware' will inspect building, construction and demolition sites across the cities of Melbourne, Port Phillip and Stonnington, to check whether operators are complying with the law (08 November 2017). More...

In the media - New South Wales

Government bans use of dangerous cladding
Fire safety in high-rise buildings will be enhanced by new powers to crack down on the dangerous use of building products, Minister for Better Regulation Matt Kean announced today. Breaches of the new bans will render offenders liable to fines of more than $1 million for companies, and more than $200,000 for individuals (16 November 2017). More...

Man fined over illegal construction
A Sydney man who conned householders into believing he was licensed to build granny flats and carry out domestic renovations has been ordered to pay more than $110,000 in fines, costs and consumer compensation. Minister for Better Regulation Matt Kean said Samer Hraiki, 41, of Ashbury, was sentenced in Parramatta Local Court this week (13 November) after being convicted of 15 offences under the Home Building Act 1989 and the Australian Consumer Law (15 November 2017). More...

New City Metro stations to shape Sydney
New metro stations in the CBD and North Sydney are set to be the city's newest landmarks in their own right, offering retail, community, residential (14 November 2017). More...

In the media – Queensland

Demolition levels Brisbane riverside for massive Queen's Wharf project in CBD
A large chunk of Brisbane's CBD has been torn down for the state's biggest infrastructure project, with the unprecedented demolition on the north bank of the river is almost complete. In years to come, it will house the multi-billion-dollar Queen's Wharf development, spanning 10 per cent of the CBD (18 November 2017). More...

Queensland gets a new building plan
Queensland is set to implement a new building plan that will bring massive changes to many elements of the construction industry (16 November 2017). More...

Builders fearful about faulty products
Builders are becoming fearful about trying new and innovative products amid fears about being held liable for faulty and non-conforming products, a survey of builders in Queensland suggests (14 November 2017). More...


Nation-building: Australia's infrastructure priorities: Infrastructure Australia, Speech 08 November 2017
With Government budgets under significant constraint, it is important that we plan effectively to ensure that when we spend large sums of money on infrastructure we build the right projects, at the right time, for the right price. More...

ACI Construction Briefs
06 November 2017 - ACI Construction Brief: ACI Construction Monitor Released – public infrastructure puffs its chest

Practice and courts

Australian Cladding and Building Standards Summit 2017
The Australian Cladding & Building Standards Summit, 7-8 Dec 2017, Melbourne, will address issues of safety standards and non-conforming building products. More...

Economics References Committee Inquiries
Operations of existing and proposed toll roads in Australia
Governance and operation of the Northern Australia Infrastructure Facility (NAIF)

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

Infrastructure Grants for community projects
Local communities can apply for a share of $12.5 million in funding for projects across arts and culture, emergency preparedness and sport and recreation. Applicants have four opportunities to apply for grants throughout the year: November 2017, February and May 2018. The new funding guidelines will mean the government can fund a wider range of projects. Applications accepted from 1 August 2017. More...


Code of Practice for Non-Conforming Building Products laws
To assist industry members in meeting their obligations under the amended Queensland Building and Construction Commission Act 1991, the Department of Housing and Public Works has prepared a Code of Practice on non-conforming building products (08 November 2017).

MBA: New legislation - non-conforming products outlined
The legislation provides a definition for a 'non-conforming product' that links it to its intended use, closing a loop-hole that has allowed products that are not fit for purpose to be sold and installed. The legislation also creates a 'chain of responsibility' across the building and construction supply chain that includes anyone in Queensland who designs, manufactures, imports or supplies building products and people who install building products (10 November 2017). More...

Building Industry Fairness (Security of Payment) Bill 2017
The State Parliament has passed the Building Industry Fairness (Security of Payment) Bill 2017. A two-stage adoption process will see the requirement for mandatory PBAs rolled-out across Queensland. An initial stage, to begin on 1 January 2018, will see the requirement applied to government building and construction projects. A second stage, to begin 1 January 2019, will expand the application of the mandatory PBA to all building and construction projects over $1 million.


Kawasaki Heavy Industries, Ltd v Laing O'Rourke Australia Construction Pty Ltd [2017] NSWCA 291
CONTRACT – construction – construction contracts – performance bonds – injunction – serious question to be tried – balance of convenience.
INTERNATIONAL ARBITRATION – interlocutory relief where underlying dispute to be determined by arbitral tribunal.

All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd [2017] NSWCA 289
BUILDING AND CONSTRUCTION – contractor served claim under Building and Construction Security of Payment Act 1999 (NSW) – claim filed before reference date – whether claim valid – whether clause in building contract deemed claim to have been served on reference date.

Nortask Pty Ltd v Clarke Energy (Australia) Pty Ltd [2017] QDC 268
BUILDING AND ENGINEERING CONTRACTS – Offer and acceptance – whether contract made when quotation accepted – whether superseded by formal contract.
BUILDING AND ENGINEERING CONTRACTS – Terms of contract – whether plaintiff told to quote on a particular basis – whether quote on that basis – whether basis of quote part of contract.
BUILDING AND ENGINEERING CONTRACTS – Variations – whether latent condition – whether work done not covered by contract – amounts payable for variations.

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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Suzy Cairney
Kyle Siebel
Scott Alden
Christine Jones
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