Australia: Construction & Infrastructure News – 23 April 2018

Last Updated: 30 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


Flammable cladding prompts Melbourne lawyers to prepare for class action over 'ticking time bomb' buildings
Lawyers are preparing a class action against construction companies who have installed dangerous combustible cladding on buildings, in a move a Melbourne law firm has dubbed a "Goliath versus Goliath" battle (11 April 2018). More...

CFMEU and its' site delegate to face court for forcing worker to pay union fees
A CFMEU site delegate, Peter D'Arcy, is facing allegations in the Federal Circuit Court that he forced a worker to join the union and pay union fees at a site in Toowoomba. It is alleged the CFMEU is liable for the delegate's conduct (09 April 2018). More...


Infrastructure industry welcomes Canberra's Victorian Rail focus
The national infrastructure sector welcomes an announcement from the Commonwealth Government that it will inject $5 billion into a rail (19 April 2018). More...

Pick Your Project: New fund for locals, decided by locals
Local projects will be chosen by local residents under a new community building fund, which will see Victorians nominate and decide on their own funding priorities. Projects between $20,000 and $200,000 will be eligible under the program. The Budget will also provide a $50 million boost to a 'Growing Suburbs Fund' to deliver more vital community infrastructure projects across Melbourne's booming outer suburbs, in line with local council priorities (18 April 2018). More...

New South Wales

Strata legislative changes should clarify mixed use buildings
The proposed amendments to the Strata Act clarify a number of issues but raise further concerns about the practical implementation of the building defects scheme, says Urban Taskforce CEO, Chris Johnson (13 April 2018). More...

Delivering better road infrastructure for a future Dubbo
Member for Dubbo Troy Grant today announced the Dubbo community is set to benefit from a raft of road infrastructure improvement projects which will provide the city with improved travel times and better safety and connectivity (06 April 2018). More...


M1 Motorway upgrades to ease Queensland congestion
The Turnbull Government is acting to provide critical upgrades to the M1 Motorway to deliver safer, less congested roads for the people of Queensland (19 April 2018). More...

Australia's first City Deal delivering for Townsville
The Townsville 'City Deal' is already creating more local jobs and attracting additional investment to Townsville, according to the first annual progress report (13 April 2018). More...

Acciona wins tender for 300MW solar farm in Queensland coal country
Queensland's minister for state development, infrastructure and planning, Cameron Dick, said on Friday that Acciona would develop, finance, construct and operate the $500 million 300MW Aldoga solar farm in Gladstone, through a 30-year lease with the state government (13 April 2018). More...

Queensland Construction Waste Levy
HIA is on a Waste Levy advisory group and will be advising the government that the levy will only add to housing costs and promote illegal dumping. Moreover, it needs to be argued why a 'state wide' levy should be applied to fix a regional problem in the state's south-east corner. The fee is expected to be between $60 and $70 a tonne (12 April 2018). More...


ACI Construction Briefs
A fortnightly communication highlighting key updates related to Australia's construction industry.
ACI Construction Brief: Are residential investors on the run? (16 April 2018)

Australian Bureau of Statistics
12/04/2018 Housing Finance, Australia, February 2018 (cat no. 5609.0)
11/04/2018 Building Activity, Australia, Dec 2017 (cat no. 8752.0)
11/04/2018 Construction Activity: Chain Volume Measures, Australia, Dec 2017 (cat no. 8782.0.65.001)

Practice and courts

SafeTech, G8Safe swimming pool gate latches recalled
A nationwide recall of SafeTech and G8Safe swimming pool gate latches has begun, after an investigation by the Australian Institute of Building Surveyors found the latch assemblies did not comply with the Australian Standard. This has been followed up with the ACCC, who have issued a recall. The swimming pool gate latches have been on the market for more than four years. Full details of the recall can be found here. Step-by-step instructions are available from the SafeTech website (09 April 2018).

Economics References Committee Inquiries

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


Stone v Melrose Cranes & Rigging Pty Ltd, in the matter of Cardinal Project Services Pty Ltd (in liq) (No 2)
[2018] FCA 530

CORPORATIONS – where the plaintiffs seek to claw back payments made by the company to the defendant prior to its liquidation – whether the company was insolvent at the time each of the payments were made – whether any payments made to the defendant were unfair preferences within the meaning of s588FA of the Corporations Act 2001 (Cth) (Act) – whether any payments are an integral part of a continuing business relationship between the company and the defendant pursuant to s588FA(3) of the Act – whether the defendant has a good faith defence pursuant to s588FG(2) of the Act – whether a set-off pursuant to s553C of the Act is available in the event that the defendants are required to pay the unfair preference amount.

Stay Mining Accommodation Pty Ltd v Grounded Construction Group Pty Ltd
[2018] FCA 519

CORPORATIONS - Application to set aside statutory demand - whether genuine dispute as to the existence of debt for remuneration for construction work under contract - character of determination by adjudicator under Construction Contracts Act 2004 (WA) - pending application for judicial review - whether 'some other reason' for setting aside the statutory demand - Construction Contracts Act 2004 (WA) ss30, 38, 39(1), 40, 43, 45(1), 45(4); Corporations Act 2001 (Cth) ss459G(3), 459H, 459J, 459L.



Security of Critical Infrastructure Bill 2018
Assent Act No: 29. 11 April 2018 - Introduced with the Security of Critical Infrastructure (Consequential and Transitional Provisions) Bill 2017, the bill provides for the management of the national security risks of espionage, sabotage and coercion arising from foreign involvement in Australia's critical infrastructure by: establishing a Register of Critical Infrastructure Assets; providing the minister with a power to direct a reporting entity or operator of a critical infrastructure asset to do, or refrain from doing, an act or thing within a specified period of time; empowering the secretary to request certain information from reporting entities and operators of critical infrastructure assets; and providing that the minister can privately declare an asset to be a critical infrastructure asset in certain circumstances.

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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