Australia: Construction & Infrastructure News – 6 December 2017

Last Updated: 11 December 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

Home builder fined $380,000 over misleading review websites
Perth residential building company Aveling Homes is fined $380,000 for creating websites which filtered out negative reviews, which the Federal Court found was liable to mislead the public and create a more favourable impression of the firm's services (01 December 2017). More...

Subcontractors want action on $90 million loss
Subcontractors have called for action amid growing evidence of questionable conduct over a corporate collapse which saw 1,600 small businesses lose $90 million and 140 workers lose their jobs, wages and entitlements (28 November 2017). More...

Project Bank Accounts – no panacea to payment issues
Governments around the country are embracing project bank accounts as an act of faith rather than a result of considered analysis. The most recent example is the Bill before the Queensland Parliament (28 November 2017). More...

In the media – Victoria

Building approvals surge as Victorian economy booms
Australian Bureau of Statistics (ABS) data released today shows the total value of Victorian building approvals increased 1.9 per cent to $3.59 billion in October 2017, and is up an impressive 67.2 per cent over the year (30 November 2017). More...

Airport Rail Link planning takes off
Plans are underway to give Melbourne the world-class airport rail link it deserves, with the Australian and Victorian governments meeting today to brief key industry and community stakeholders on the project. Federal Minister for Infrastructure and Transport Darren Chester said the business case would look at potential corridors for the rail link, existing and future rail upgrades across the metropolitan network, and proposals from private industry (28 November 2017). More...

Australian first – Melbourne powers ahead with wind farm
Melbourne's most iconic organisations have joined together to support the development of a wind farm that will be built near Ararat in regional Victoria. It is the first time a group power purchase arrangement has been used in Australia to fund long-term renewable energy development (23 November 2017). More...

In the media – New South Wales

BMD awarded main civil work contract for the Woolgoolga to Ballina Pacific Highway upgrade
The Australian and NSW governments are jointly funding the $4.36 billion Woolgoolga to Ballina Pacific Highway upgrade (01 December 2017). More...

World's best to build and operate Parramatta Light Rail
Five consortia consisting of the world's best light rail builders and operators have been shortlisted for two contracts to deliver Stage 1 of the Parramatta Light Rail project (29 November 2017). More...

Industry fury as New South Wales government waters down building products legislation
Building industry stakeholders are outraged that the NSW government has covertly and substantially watered down legislation to reduce non-compliant and non-conforming building product use (22 November 2017). More...

In the media – Queensland

Resources deliver more than $500bn in eight years: QRC
Queensland's resources sector continues to drive jobs and investment with a $55.1 billion contribution to the state's economy in 2016-17, which supported the equivalent of 282,633 full-time jobs (22 November 2017). More...

Practice and courts

Commonwealth

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.

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

Queensland

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 being 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.

Cases

The Owners-Strata Plan No. 30791 v Southern Cross Constructions (ACT) Pty Limited (In Liquidation) [2017] NSWSC 1660
CIVIL PROCEDURE – Referral to referee – Adoption of referee report – Whether report should be rejected for actual or apprehended bias – Whether referee failed to comply with rules of natural justice. Texts Cited: Building Code of Australia. In these proceedings, the Owners Corporation seeks to recover in respect of structural and aesthetic damage said to have been caused to the building by excavation, shoring and piling work (the Works) carried out on the adjacent property.

Manbead Pty Ltd v The Owners – Strata Plan No 87635 [2017] NSWSC 1629
APPEALS – application for leave to appeal against decision of NCAT Appeal Panel on a question of law – no error of law established. BUILDING CLAIMS – claims by Owners Corporation and individual lot owners in respect of common property – whether Appeal Panel erred in assuming separate claims were maintainable – whether Appeal Panel erred in declining to consider Scott Schedule prepared after consent orders were entered for purpose of determining whether claim exceeded Tribunal's jurisdictional limit.

Cheshire Contractors Pty Ltd v Everett [2017] QSC 287
CONTRACT – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS – where the parties entered into a contract for the performance of certain works in connection with a subdivisional development – whether or not the alleged works referred to in the pleadings were "building work" as defined in the Queensland Building Services Authority Act 1991 (Qld).

Golets v Southbourne Homes & Anor [2017] VSC 705
BUILDING CONTRACTS — Building and Construction Industry Security of Payment Act 2002 (Vic) — Section 7(2)(b) meaning of 'in the business of building residences' — Whether the Act applies — Applicant not 'in the business of building residences' — No jurisdiction in adjudicator to determine adjudication application — Adjudication determination quashed.

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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