In the media
National
2018-19 Budget—Infrastructure: Busting Congestion,
Connecting Our Regions, Improving Safety and Creating Jobs
Federal Government: The Liberal and Nationals Government
will invest more than $75 billion in nationally significant
transport infrastructure projects over the next 10 years, including
new funding of $24.5 billion for projects and initiatives which
will improve Australians' lives across every State and
Territory. Project highlights and funding for all states and
territories are outlined here (14 May 2018).
More...
Victoria
Offshore gas exploration to build future supply
The Andrews Labor Government has today released five new
oil and gas exploration blocks to help build long-term supply of
gas for Victorian homes and businesses. The blocks are all located
in the offshore Otway Basin in State waters (up to 3 nautical miles
off the coast) extending from Port Campbell to the South Australian
border and are part of the national 2018 Petroleum Exploration
Acreage Release (16 May 2018).
More...
Construction begins on Bulgana Green Power Hub
The Victorian government today announced commencement of
construction on Bulgana Green Power Hub, a major new wind farm with
battery storage in Stawell in western Victoria (16 May 2018).
More...
New South Wales
ACCC fears Transurban will gain too much advantage from
WestConnex buy
The competition tsar says Transurban holds a
near-monopoly over toll roads in Sydney, leaving it to weigh up
whether motorists would be better off if a competitor gained a
majority stake in the $16.8 billion WestConnex toll road project
(17 May 2018).
More...
Western Sydney Airport Lease granted to WSA Co
Limited
The Australian Government has today officially signed
over the Western Sydney Airport site to WSA Co Limited (WSA
Co), the company established to build the airport (17 May
2018).
More...
Queensland
Cladding fire risk for 12,000 Queensland buildings
Flammable cladding blamed for London's Grenfell Tower
fire may have been used on as many as 12,000 buildings in
Queensland, a taskforce has found. A year-long inquiry by the
taskforce has found 880 buildings required further investigation
and at least 70 need rectification work (17 May 2018).
More...
Turnbull Government investing $300 million in Brisbane
Metro
The Turnbull Government will invest $300 million in the
Brisbane Metro, improving travel times and reducing congestion in
Queensland's capital (16 May 2018).
More...
Federal funding to deliver Beerburrum to Nambour Rail
Upgrade
The Federal Government is committing $390 million to
duplicate Queensland's North Coast Rail Line between Beerburrum
and Landsborough, and build capacity upgrades from Landsborough to
Nambour, delivering improved passenger and freight movement between
the Sunshine Coast and Brisbane (14 May 2018).
More...
Published
2016 National Research Infrastructure Roadmap
Alan Finkel, Government of Australia: 12 May
2018
The 2016 National Research Infrastructure Roadmap outlines
national research infrastructure required for the coming decade, so
that Australia's world class research system continues to
improve productivity, create jobs, lift economic growth and support
a healthy environment. More...
Practice and courts
LCA Budget highlights
On 8 May 2018, the Law Council of Australia attended the
Federal Budget 'lock-up' and has prepared the following
summary of key announcements of interest
Infrastructure
- the Government will invest over $75 billion in significant transport infrastructure projects over the next ten years, including new funding of $24.5 billion for projects and initiatives to benefit each State and Territory
- the Government will provide significant investment in rail infrastructure, with $7.9 billion allocated towards rail projects across Australia
- a $1 billion Urban Congestion Fund will focus on alleviating congestion by investing in projects in urban areas to improve traffic flow
- the Government is establishing the $3.5 billion Roads of Strategic Importance initiative to upgrade key fright routes to improve roads and improve connections for key sectors (for example, agriculture and mining) to export markets , as well as connecting communities to essential health, education and other services
- a further $200 million has been allocated to deliver a third round of the Building Better Regions Fund, which is delivering over 250 projects across regional Australia and creation approximately 26,000 jobs. The Stronger Communities Programme will be extended for a fourth round through a commitment of an additional $22.5 million. This program provides grants of between $2,500 and $20,000 to community organisations and Local Governments for capital projects, such as aged care facilities and community halls
Queensland
Draft Design report released for Brisbane Metro
Brisbane City Council has released the
Brisbane Metro Design Report for public consultation. Brisbane
Metro will comprise of a 21-kilometre metro network that services
18 stations. In March 2018 the Brisbane Metro was confirmed as a
'High Priority Project' on the nation's infrastructure
Priority List. Brisbane City Council is asking residents and
stakeholders to
provide their feedback, before 25 May 2018.
Cases
New South Wales
Murphy, McCarthy & Associates Pty Limited v Zurich
Australian Insurance Limited [2018] NSWSC
627
INSURANCE – PROCEDURE – civil – whether
leave should be granted to proceed against the insurer under s.4 of
the Civil Liability (Third Party Claims Against Insurers) Act
2017 (NSW) – exclusion clauses – whether insurer
can disclaim liability – discretion of the court; HELD: leave
to proceed granted. Note: Zurich stands in the place of CFC Fibre
Cement Pty Ltd (CFC), against which, MMA has a
claim for damages in connection with waterproofing and coating the
internal walls of a well at Balmain by CFC in 2015. MMA had been
retained by Sydney Water to install the well and MMA sub-contracted
the coating work to CFC. MMA, on the instructions of Sydney Water,
required CFC to use an epoxy coating product called Ultra High
Build Epoxy Coating (epoxy coating). MMA, in turn, imposed this
requirement on CFC and the contract price took it into account.
Ku-ring-gai Council v Ichor Constructions Pty
Ltd [2018] NSWSC
610
COMMERCIAL ARBITRATION – consideration of s.27D of
the Commercial Arbitration Act 2010 (NSW) –
discussion of requirements for arbitrator to act as mediator
– where arbitrator so acted – arbitrator's mandate
terminated pursuant to s.27D(6) absent subsequent written consent
of the parties – whether such consent can be inferred from
the written record of the transcript – such inference of
consent impermissible – consequently no written consent
provided. COMMERCIAL ARBITRATION – statutory waiver –
consideration of s.4 of the Commercial Arbitration Act
2010 (NSW) – whether first defendant waived its right to
insist on written consent – s.4 requires actual knowledge of
the provision which is to be waived – no such knowledge in
present case – no waiver established. EQUITY – whether
first defendant estopped from insisting on written consent –
no evidentiary basis for either conventional estoppel or estoppel
by representation – no detriment suffered by plaintiff in any
event – proceedings dismissed. Dispute over construction
contract – overpayment, liquidated damages for delay and
general damages entitlements.
Access Housing Pty Ltd v Rayfield
[2018] NSWSC 599
APPEAL – appeal from Appeal Panel of New South
Wales Civil and Administrative Tribunal – appeal under s.83
of the Civil and Administrative Tribunal Act 2013 –
appeal by leave – appeal "on a question of law"
– no basis for alleged errors giving rise to a question of
law – leave refused – Building contracts - Country Kit
Homes supplied the kit home and Access Housing was to supply the
management services for the construction and/or erection of the kit
home.
Civil and Administrative Tribunal Act 2013 (NSW), s.83;
Consumer, Trader and Tenancy Tribunal Act 2001 (NSW);
Criminal Appeal Act 1912 (NSW); Evidence Act 1995
(NSW), ss.11, 26(a), 28, 29, 37; Home Building Act 1989
(NSW).
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.