Australia: Construction & infrastructure news update 26 March 2018

Last Updated: 3 April 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

55 sustainable investment options for a brave new world
Produced by the UN Global Compact, a new report is based on a survey and consultation with more than 17,000 business leaders across five continents. The construction industry – with constructed objects accounting for 25-40 per cent of the world's carbon emissions and a large percentage of total solid waste – is targeted for action (22 March 2018). More... More...

Australia needs better regulation for building certifiers
"They are in a very difficult position because, on the one hand, they have been given a responsibility to protect the public interest — that is, the regulatory — and, on the other hand, they have been given a commercial relationship with the client," noted Australian Building Codes Board general manager Neil Savery before the Senate Inquiry into Non-Conforming Building Products (21 March 2018). More...

Business conditions at record high despite sluggish economy
Last week's GDP numbers may have been sub-par but business is happy, as higher sales and profits boost conditions to a record high, according to the NAB (13 March 2018). More...

In the media – Victoria

Shovels in the ground for MREP an Australian first
Melbourne Renewable Energy Project partners and Pacific Hydro will today celebrate the official start of construction on a new 80 MW wind farm in Crowlands, near Ararat. The wind farm will provide electricity to 14 leading organisations which have combined their purchasing power to support the development of new renewable energy infrastructure in regional Australia (23 March 2018). More...

Builder deregistered, disqualified and fined $15,000 for 21 breaches
The Victorian Building Authority has deregistered, disqualified and fined a registered building practitioner $15,000 for 21 breaches of the Building Act (20 March 2018). More...

Goulburn Valley receives major regional jobs and funding boost
Businesses, jobseekers and workers in the Goulburn Valley are the big winners from the announcement of successful projects under the Australian Government's Regional Jobs and Investment Package (16 March 2018). More...

Victorian infrastructure investment reached $4.7bn over last six months
The Victorian Government has reported that its economy is strong, growing and well equipped to meet current and future challenges according to their 2017-18 Mid-Year Financial Report. Net infrastructure investment for the general government sector totalled $4.7 billion over the six months, up $700 million on the previous period (16 March 2018). More...

In the media – New South Wales

Call for submissions on cladding
NSW Fair Trading Commissioner, Rose Webb, has today called for public submissions about whether a building product use ban is warranted on certain types of external cladding. This is the first time a call for submissions about building product safety has been made in New South Wales since the new Building Product Safety Act was passed by Parliament last December (23 March 2018). More...

New South Wales infrastructure vision released
State Premier Gladys Berejiklian released the New South Wales State Infrastructure Strategy, the state's Future Transport Strategy 2056 and the Greater Sydney Region Plan. For the first time, these plans were developed together to deliver important long-term outcomes for the future (18 March 2018). More...

In the media – Queensland

Brisbane's Eagle Street to be transformed under 'city-shaping' proposal
Development company Dexus proposes to resume parts of Eagle Street in order to build a new waterfront hub, with two new towers and about 1.5 hectares of public space (23 March 2018). More...

Solar trial shines on local communities
Almost 500 public housing households in Lockhart River, Cairns and Rockhampton are hooked up to clean energy, and saving money, under a Palaszczuk Government's solar energy initiative (22 March 2018). More...

Collaboration leads to lower-cost, quality infrastructure
Queensland's Department of Transport and Main Roads has partnered with the Australian Road and Research Board (ARRB) to research and develop solutions for improving the state's roads and pavements (21 March 2018). More...

Anti-Adani protesters say $80k in fines 'out of balance' with miner's $12k pollution penalty
Protesters who shut down part of Adani's north Queensland coal port have questioned why they were collectively fined almost $80,000 — more than six times what the mining company faces for dumping coal-polluted water (16 March 2018). More...

Void of high rise to be filled by housing
Master Builders Deputy CEO, Paul Bidwell said the latest building approvals data from Australian Bureau of Statistics (ABS) painted an optimistic picture for the Sunshine State and specifically, regional Queensland as detached dwellings and ouses move to the fore (15 March 2018). More...

Published

Future transport strategy 2056
Transport for New South Wales; Government of New South Wales: 18 March 2018
Continued planning is critical if New South Wales is to have a world-class transport system with infrastructure investments that support growth and meet the aspirations for how we want to travel and live. More...

ACI Construction Briefs
A fortnightly communication highlighting key updates related to Australia's construction industry (19 March 2018). More...

Negotiate and stay out of court - the case of mediation in real estate
RICS Feature Article: 23 March 2018
Mediation is growing rapidly in popularity as a dynamic and multi-faceted practice in many countries, including Australia, which has been increasingly integrated into both new and existing legislation. More...

Practice and courts

Economics References Committee Inquiries

Governance and operation of the Northern Australia Infrastructure Facility (NAIF)
Status: Submissions Closed. Date Referred: 14 June 2017. Reporting Date: 24 April 2018.

Non-conforming building products
Status: Submissions Closed. Date Referred: 11 October 2016. Reporting Date: 30 April 2018.

Infrastructure Australia: Updated assessment framework
In accordance with its requirements under the Infrastructure Australia Act 2008, Infrastructure Australia is committed to undertaking regular reviews of the cost–benefit analysis methodology that forms part of our Assessment Framework, which is used by Infrastructure Australia to assess submissions and proposals.
The review was completed and the Assessment Framework has been finalised following feedback from stakeholders on previous editions. A report into the review and the new Assessment Framework documentation is available here.

New South Wales

Department of Finance: Update on the Fire Safety and External Wall Cladding Taskforce
22 March 2018: Update on the Fire Safety and External Wall Cladding Taskforce.

Public submissions on cladding
Submissions are being sought about a range of issues set out in the Notice issued by the Commissioner. The call is seeking input about the kinds of issues that should be considered including the range of uses of products, uses on different types of buildings, and by different people, and whether any conditions should be attached to product uses. Submissions close on 23 April 2018 and can be made in writing to NCBP@finance.nsw.gov.au. More information about cladding and the call for submissions can be found at www.fairtrading.nsw.gov.au (23 March 2018). More...

Queensland

QBCC: Does your company contract for fire protection work? Find out what licences are required.
When it comes to fire protection work, companies contracting for fire protection work and all practitioners carrying out or supervising fire protection work require a licence. Details are outlined here (22 March 2018). More...

Master Builders Queensland: BIF changes to impact subcontracts
Upcoming BIF legislation changes require an interim change to Master Builders' Period Subcontract Agreement and Subcontract Agreement. A Special Conditions addendum to each of these contracts is now available to take care of the changes required for contracts signed now that will run past 1 July 2018 (20 March 2018). More...

Cases

Primelime (NSW) Pty Ltd v B.A.E.C. Contracting Pty Ltd [2018] NSWSC 372
BUILDING AND CONSTRUCTION – Building and Construction Security of Payment Act 1999 (NSW) – whether adjudication determination valid – whether construction contract existed between the parties to the adjudication application – whether payment claim made on or from a reference date – where contract was terminated – where contract did not provide for reference dates after termination – whether work performed under a subsequent, fresh contract – adjudication determination quashed.

Mann v Paterson Constructions Pty Ltd [2018] VSC 119
RESTITUTION – Work and labour done – Building contract – Wrongful repudiation accepted by builder – Quantum meruit as alternative to contract damages – Measure of value – Relevance of contract price – Relevance of builder's actual costs – Undocumented variations to scope of works – Whether such variations affect quantum meruit claim by virtue of Domestic Building Contracts Act 1995 s38.
ADMINISTRATIVE LAW – Appeal from VCAT on questions of law – Whether VCAT erred in law in calculating quantum meruit for building work – No error of law – Appeal dismissed – Victorian Civil and Administrative Tribunal Act 1998 s148.

Other

Duro Felguera Australia Pty Ltd -v- Samsung C&T Corporation [2018] WASCA 28
Administrative law - Judicial review - Determination by adjudicator under Construction Contracts Act 2004 (WA) - Whether jurisdiction of adjudicator limited to determination of merits of payment claim giving rise to the payment dispute - Whether open to adjudicator to find that amount payable was to be increased on the basis of wrongful denial of liability in relation to an earlier payment claim - Whether court has power to sever invalid and valid portions of adjudicator's determination and enforce valid portion. Construction Contracts Act 2004 (WA); Interpretation Act 1984 (WA). Appeal allowed in part.

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
 
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
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