Australia: Construction & Infrastructure News - 12 March 2018

Last Updated: 16 March 2018
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

Who is responsible for balcony collapses?
On several occasions after first leasing a residential property in the New South Wales suburb of Collaroy in 2005, architect Joanne Gillies had complained to her landlord and the landlord's managing agent about the structural integrity of her balcony (09 March 2018). More...

RBA shines spotlight on planning regimes
The Reserve Bank of Australia released a Research Discussion Paper today on The Effect of Zoning on House Prices, which reports that zoning raised detached house prices 73 per cent above marginal costs in Sydney, 69 per cent in Melbourne, 42 per cent in Brisbane and 54 per cent in Perth (08 March 2018). More...

HIA: Apartment boom rolls on
Building Approval results were released today by the Australian Bureau of Statistics and report that new apartment approvals were up by 5.5 per cent during the three months to January 2018. Over the year to January 2018, new apartment approvals totalled 106,000 a very high level by historic standards (05 March 2018). More...

Why regional sourcing makes sense for building projects
When it comes to sourcing materials for a building project, thinking local can have huge benefits, including sustainability wins, greater transparency around compliance and enhanced financial flexibility (05 March 2018). More...

Victoria

Banning combustible cladding in Victoria
Minister for Planning Richard Wynne today released new ministerial guidelines to building surveyors – a key recommendation of the Victorian Cladding Taskforce – which focuses on buildings where people sleep or gather. The new ministerial guidelines spell out precisely what can't be used on Victorian building sites for suppliers and practitioners in the building chain, spelling an end to the use of dangerous, flammable materials (10 March 2018). More...

Melbourne's West Gate Tunnel planning revoked
Planning approval for Melbourne's West Gate Tunnel toll road has been revoked in state parliament and work on the project has stopped (09 March 2018). More...

Registration scheme introduced for engineers in Victoria
The Victorian State Government will be introducing a mandatory registration scheme for engineers, which according to them, will be giving Victorian engineers an edge. The new scheme will ensure highly-qualified and experienced engineers develop and oversee the State's most important projects – including the Metro Tunnel, West Gate Tunnel and the Level Crossing Removal Project (09 March 2018). More...

Victoria leads the nation on building approvals
Australian Bureau of Statistics (ABS) data released this week shows Victorian building approvals reached a record high of $40 billion in the 12 months to January 2018. In the construction sector, both residential and non-residential building approvals contributed to Victoria's extraordinary growth of 22.3 per cent in the 12 months to January – the highest growth of all mainland states (08 March 2018). More...

Land use Victoria proceeds to deliver infrastructure boost
The Andrews Labor Government's record infrastructure program is set to receive a boost from the commercialisation of the land titles and registry functions of Land Use Victoria. The government will shortly issue an Expression of Interest to proceed with the transaction, with proceeds going towards the record investment in the State's transport infrastructure (07 March 2018). More...

Published

Case Study – Barangaroo Fire – March 2018
This case study draws on the circumstances related to a major fire incident at the Lendlease Barangaroo South Construction Project in March 2014. More...

Australia's identified mineral resources 2017
Geoscience Australia; Government of Australia: 05 March 2018
This assessment provides useful long-term indicators of potential resource life and future supply capability. Its broad outlook should assist with government policy decisions, as well as programs and planning associated with the minerals sector and the sustainable development of Australia's mineral resources. More...

Housing affordability: Re-imagining the Australian dream
John Daley, Brendan Coates, Trent Wiltshire; Grattan Institute: 04 March 2018
Building an extra 50,000 homes a year for a decade could leave Australian house prices 5 to 20 per cent lower than they would be otherwise, and stem rising public anxiety about housing affordability, according to this Grattan Institute report. More...

Clean, reliable power: roadmap to a renewable future
Andrew Stock, Petra Stock, Greg Bourne, Louis Brailsford; Climate Council of Australia: 02 March 2018
This Climate Council roadmap outlines how Australia can cut its rising greenhouse gas pollution levels, while continuing the transition to clean, affordable and reliable renewable energy and storage technology. More...

New South Wales

Check the cladding on your apartment building is fire safe
The New South Wales Government is working to address the fire safety risks associated with external wall cladding in high-rise buildings and has developed and started implementing a co-ordinated, whole of government policy response (09 March 2018). More...

City of Sydney pushes for a net zero office sector
Increased building standards, mandatory disclosure of NABERS tenancy ratings and increased amounts of renewables are being pushed by the City of Sydney in a bid to get office buildings to net zero by 2050 (06 March 2018). More...

HIA: Be prepared for blitz on falls
From 1 November 2017 SafeWork New South Wales inspectors will have the power to issue on the spot fines of up to $3,600 to corporations and $720 to individuals for breaches relating to falls from heights. Fines may be issued where risk to workers is imminent or serious, or if the workplace is considered to be a repeat offender (02 March 2018). More...

New South Wales Green Star brand caught up in waste scandal
New South Wales construction waste sent to Queensland for recycling is instead ending up dumped in landfill, a Fairfax investigation this week has revealed, raising fears that the practice could compromise the legitimacy of NSW Green Star ratings (01 March 2018). More...

Queensland

Brisbane Queen's Wharf construction starts
Construction on Brisbane's Queen's Wharf development will officially begin on Thursday, more than a year after the project started (09 March 2018). More...

GE starts Coopers Gap wind farm construction
GE has commenced the construction of the Coopers Gap Wind Farm with a sod turning ceremony earlier last month. Upon completion in 2019, the 453 MW wind farm will produce approximately 1,510,000 MWh of renewable electricity annually. It will be the largest wind farm in the country on completion, and GE's first wind project in Queensland (09 March 2018). More...

Palaszczuk Government securing payment for subbies
The Palaszczuk Government's landmark building industry fairness reforms mark an important milestone today with the commencement of Project Bank Accounts (PBAs) as part of the Building Industry Fairness Act (08 March 2018). More...

Sunshine Coast Airport Expansion Project ready for take-off
Sunshine Coast Council's largest construction project will now get underway, with council today announcing John Holland has been awarded a contract worth around $225 million (08 March 2018). More...

Solar farm forums shed light on new planning guidelines
New planning and community engagement guidelines are in development to guide Queensland's solar farm boom, says the Queensland state government. Natural Resources, Mines and Energy Minister Dr Anthony Lynham said with 17 large-scale solar farms under construction across the state and another 40-plus potentials, specific planning guidelines were needed (07 March 2018). More...

Practice and courts

'Think Big' Regional Australia—the Regional Growth Fund is now open
The Australian Government's highly anticipated $272 million Regional Growth Fund is officially open for applications from across regional Australia. All interested parties are encouraged to apply by 27 April 2018. For more information on the program, including the guidelines and application process, please visit grants.gov.au (01 March 2018). More...

Queensland

QBCC: Security of Payment - Project Bank Accounts
Phase One of PBAs will begin on State Government funded projects valued between $1 million and $10 million (including GST), from 1 March 2018. PBAs will need to be established by head contractors for each project. They will be required to open three trust accounts, a general account, a retention account and one for any amount of money subject to a dispute. PBAs will not apply to engineering and infrastructure projects including bridges, roads and ports, unless 'building work' makes up 50% or more of the contract value. For more information on the responsibilities of each party to a PBA, visit the Department of Housing and Public Works series of guidelines here. More...

Cases

Andriotis v Victorian Building Authority [2018] FCAFC 24
ADMINISTRATIVE LAW – Mutual Recognition Act 1992 (Cth), Part 3, mutual recognition of occupations –appeal from decision of the Administrative Appeals Tribunal affirming the decision of the local registration authority – where the applicant, a registered waterproofer in New South Wales, applied for registration as a waterproofer in Victoria – whether the applicant was entitled to registration in Victoria – whether registration authority was entitled to take account of the applicant's "good character" in an assessment of the application for registration – where s17(2) provides for an "exception" to the mutual recognition principle for operation of laws which "regulate the manner of carrying on" an occupation – where s17(2)(b) provides a qualification to that exception that those laws may not relate to the "possession of some qualification" relating to "fitness to carry on" the occupation – whether "good character" is a qualification engaging s17(2)(b) – "good character" is a qualification according to the natural and ordinary meaning of "qualification" – nothing in the context and purpose of the provision requires a meaning other than the natural and ordinary meaning of "qualification" to be employed – whether the Tribunal retained a residual discretion to refuse under s20(2) – s20 not concerned with refusal – registration authority had no power to refuse application on any ground other than those contained in ss23(1)(a)–(b) – registration authority not entitled to separately consider applicant's "good character" – appeal allowed. Administrative Appeals Tribunal Act 1975 (Cth) ss43, 44; Building Act 1993 (Vic) ss1, 4, 169, 170, 176, 179, 193, 197. Mutual Recognition Act 1992 (Cth) ss3, 4, 16, 17, 19, 20, 21, 22, 23, 24, 33, 34; Building Regulations 2006 (Vic) reg 1503, Sch 7; Trans-Tasman Mutual Recognition Act 1997 (NZ) s15.

Fulton Hogan Construction Pty Ltd v Cockram Construction Ltd [2018] NSWSC 264
ADMINISTRATIVE LAW – judicial review – grounds of review – whether an adjudicator failed to provide adequate reasons under Building and Construction Industry Security of Payment Act 1999 (NSW) s22(3)(b). ADMINISTRATIVE LAW – prerogative writs and orders – certiorari – whether discrete aspects of a determination affected by jurisdictional error can be severed and quashed. INTERPRETATION – whether an adjudicator's determination under Building and Construction Industry Security of Payment Act 1999 (NSW) s22(1) is an instrument under Interpretation Act 1987 (NSW) s32.

Trinco (NSW) Pty Ltd v Alpha A Group Pty Ltd [2018] NSWSC 239
BUILDING AND CONSTRUCTION – Building and Construction Security of Payment Act 1999 (NSW) – whether adjudication determination valid – whether payment claim made on or from a reference date – where subcontract was terminated – where subcontract did not provide for reference dates after termination – whether work was completed under the subcontract or under a separate and later subcontract – whether a payment claim comprising work under two construction contracts is valid – adjudication determination quashed.

Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2018] NSWCA 33
PROCEDURE – release of funds paid into Court – Building and Construction Industry Security of Payment Act 1999 (NSW) – unsuccessful appeal to High Court of Australia – stay of recovery of progress payment on terms that progress payment be paid into Court – whether proceedings should be remitted to Equity Division or progress payment released to successful High Court respondent.

NSW Commissioner for Fair Trading v Rixon (No. 4) [2018] NSWSC 1
CONTEMPT OF COURT – sentencing – breach of consent orders preventing conduct with respect to residential building work – plea of guilty to knowingly breaching orders in five respects – contempt committed during period of suspended prison sentence imposed for a similar breach of the same orders – aggravating factors - no demonstration of remorse – high likelihood of reoffending – significance of both specific and general deterrence – no penalty other than fulltime imprisonment appropriate. Crimes (Sentencing Procedure) Act 1999 (NSW); Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW); Uniform Civil Procedure Rules 2005 (NSW).

Enpresionante Pty Ltd v Australian Securities Ltd & Anor [2018] VSC 87
PRACTICE AND PROCEDURE – Summary judgment – whether plaintiff has real prospects of success on its statement of claim – where events subsequent to the filing of the statement of claim mean that the plaintiff has no real prospects of success – Civil Procedure Act 2010 (Vic), ss62 and 63 – Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [2013] VSCA 158; (2013) 42 VR 27 – application for summary judgment allowed.
Enpresionante and ASL entered into an agreement or agreements whereby ASL agreed to provide finance to Enpresionante to complete the building works and ASL took a registered mortgage over the Property. By notices dated 4 May 2016, ASL gave notice to Enpresionante that it was in default of the finance agreement and to Ridgecon that it was in default under the building contract and the finance agreement, as a result of not completing the works under the building contract within a reasonable time or in accordance with the plans and specifications.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Suzy Cairney
Kyle Siebel
Scott Alden
Christine Jones
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions