In the media
What can Governments do to foster sustainable
construction?
Back in 2007, Australia had a broad consensus about
dealing with climate change and establishing an emissions trading
scheme and carbon price. Fast forward several years and this has
all but collapsed (15 June 2018).
More...
Budget contains hidden investment
'timebomb'
Tens of billions of dollars in "off-budget"
Federal Government investments are escaping public scrutiny and may
never be properly accounted for, according to a leading independent
economist and a Labor Member of Parliament's audit committee
(14 June 2018).
More...
Considering nature at the heart of our buildings
As an industry, the Australian built environment has
committed to becoming carbon neutral by 2050 and is already working
collaboratively to h (14 June 2018).
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'War for talent' as mining and infrastructure
compete for workers
A new report finds a dramatic increase in demand for
mining sector jobs, but with the upsurge comes the problem of
meeting demand (13 June 2018).
More...
Infrastructure reforms could deliver $66bn boost to
Australian economy
New economic modelling released by Infrastructure
Australia shows that introducing incentive payments to encourage
the states and territories to progress nation-shaping
infrastructure reforms could boost the economy by $66 billion and
deliver better infrastructure for our growing cities and regions
(04 June 2018).
More...
Victoria
Melbourne dominates Australia's Housing Hotspots
List
According to the HIA Population & Residential Building
Hotspots Report 2018, the Mickleham-Yuroke area of Melbourne is
Australia's number one hotspot, with population growth of 35.3
per cent during 2016/17 and $222.9 million in building approvals
(15 June 2018).
More...
Concrete plans to support infrastructure pipeline
The Andrews Labor Government has launched the Helping
Victoria Grow: Extractive Resources Strategy, to try to reduce
the transport costs associated with infrastructure projects by
locating quarries as close as possible to where the material is
needed. Improved planning will help current quarries to keep
operating and develop new sites alongside growing suburbs and
communities (15 June 2018).
More...
Victorian builder is creating Australian-first energy
efficient housing development
A Victorian builder is designing and building Australian
homes greener and more energy efficient than ever before with a
landmark new project (14 June 2018).
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Bold new designs revealed for Metro Tunnel
stations
Melbourne will boast five new stunning landmarks when the
underground stations for the Metro Tunnel open in 2025 (12 June
2018).
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New South Wales
New South Wales Budget 2018 - Biggest schools building
program in history gets even bigger
The New South Wales Government will invest a staggering $6
billion over the next four years to deliver more than 170 new and
upgraded schools to support communities throughout New South Wales,
representing the largest investment into schools by any state
government in history (14 June 2018).
More...
Lendlease scores approval for second Barangaroo timber
building
Barangaroo South will welcome a sister building for its
super-sustainable engineered timber International House Sydney,
with planning approval granted for Daramu House (12 June 2018).
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Parramatta Light Rail construction starts soon
Following planning approval, construction of stage one of
the Parramatta Light Rail will start by the end of 2018 and
services will begin in 2023 (12 June 2018).
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Future infrastructure projects to train thousands more
apprentices
Thousands of tradie apprenticeships will be created, with
the New South Wales Government to ensure 20 per cent of trade roles
on all future construction projects will be filled by apprentices
(07 June 2018).
More...
Update on the Fire Safety and External Wall Cladding
Taskforce
In total, Fire & Rescue NSW has visited, inspected and
assessed over 2280 sites identified through the initial audit. The
Taskforce's work to identify buildings that have been inspected
and assessed and the ACP cladding remains ongoing (04 June 2018).
More...
Queensland
The hunt begins for Queen's Wharf construction
workers
The hunt for workers to deliver Brisbane's $3.6
billion Queen's Wharf development has begun, says Tourism
Industry Development Minister Kate Jones (14 June 2018).
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Gas investment flows in Queensland
Mines Minister Dr Anthony Lynham has welcomed Santos'
next job-generating stage of the GLNG development near Injune in
Queensland's Central highlands (14 June 2018).
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Cross River Rail will deliver 450 jobs for young
Queenslanders
Deputy Premier and Treasurer Jackie Trad has announced the
Cross River Rail Project would generate 450 new apprenticeships and
traineeships for young Queenslanders during the construction life
of the $5.4 billion project (13 June 2018).
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Security of payment implementation supporting Queensland
jobs
The Palaszczuk Government has announced the next phase of
implementation of its historic Building Industry Fairness
legislation, which will deliver further security for Queensland
subcontractors (12 June 2018).
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Borrow to build' budget needs no apology, Queensland
Treasurer says
Queensland's state debt is set to increase to $83
billion in the next four years, with new Treasurer Jackie Trad
saying she makes no apologies for spending to drive the economy (09
June 2018).
More...
Published
Queensland major projects pipeline 2018
Queensland Major Contractors Association, Construction
Skills Queensland, Infrastructure Association of Queensland;
Construction Skills Queensland: 04 June 2018
The key finding of this report is that major project work has risen
by 58% in 2017/2018 to $6.9 billion, after two successive years of
low activity. More...
Making reform happen
Infrastructure Australia: 04 June 2018
This economic modelling, released by Infrastructure Australia,
shows that introducing incentive payments to encourage the states
and territories to progress nation-shaping infrastructure reforms
could boost the economy by $66 billion and deliver better
infrastructure for our growing cities and regions. More...
The economic impact of infrastructure reform:
Speech
Infrastructure Australia Chair Julieanne Alroe,
Infrastructure Partnerships Australia (IPA) Leaders' Luncheon
on 15 June 2018
Discusses the findings of the Making Reform Happen advisory
paper, on how to implement an incentive-based funding approach to
infrastructure reform.
More...
ACI Construction Briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry.
More... (12 June 2018)
Australian Bureau of Statistics
12/06/2018
Housing Finance, Australia, April 2018 (cat no. 5609.0).
Practice and courts
ABCC: Minimum wage increase – make sure you are
paying the right rate
On Friday 1 June 2018 the Fair Work Commission announced a
3.5% increase to the minimum wage. The increase applies from the
first full pay period starting on or after 1 July 2018 (05 June
2018).
More...
National Community Engagement for Infrastructure Forum
2018
The Forum (NCEIF) will provide insight on
advancing community consultation in the infrastructure and natural
resources space; discovering new industry trends and policies which
may impact the community engagement framework and the development
of infrastructure projects now and in the future; and exploring new
tools and the latest research to support community and stakeholder
engagement in infrastructure. Date: 19 – 20 July 2018 at the
Crown Conference Centre in Melbourne. More...
Victoria
VBA drives further crackdown on combustible
cladding
The Victorian Building Authority is contacting registered
builders and property developers asking for a report on the type of
cladding they intend to use on the exteriors of projects and
multi-storey buildings under construction (31 May 2018).
More...
Victorian building permit activity for April 2018
The VBA has released building permit activity data for
April 2018 (30 May 2018).
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New South Wales
More housing options for New South Wales: Low Rise
Medium Density Housing Code
The
new Code will allow one and two storey dual occupancies, manor
houses and terraces to be built under fast-track
complying development approval across New South Wales and also
promotes good design for medium density housing. Low rise medium
density housing as complying development is only allowed where
medium density development is already permitted under a
council's local environmental plan. The Medium Density Housing
Code will commence on 6 July 2018.
Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be
included in the State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008. In essence, it is a
simplifying of the development process, and aligning the
requirements for development across greenfield areas. The planning
rules and the code are also presented in plain English for clearer
explanation. Note: There will be a three-year transitional period,
where applicants can choose whether to use the Greenfield Code, or
the new simplified Housing Code or Transitional Code (until 13 July
2019).
More...
Queensland
Builders Queensland: Latest BIF update
The Queensland Government released a statement regarding
the next phase of implementation of security of payments and the
Building Industry Fairness legislation (13 June 2018).
More...
Master Builders Queensland: What you need to know about
the waste levy
A waste levy of $70/tonne will commence in the first
quarter of 2019 (05 June 2018).
More...
Cases
New South Wales
Pinnacle Construction Group Pty Ltd v Dimension Joinery
& Interiors Pty Ltd [2018] NSWSC
894
BUILDING AND CONSTRUCTION – whether adjudication
determination under Building and Construction Industry Security
of Payment Act 1999 should be quashed – whether payment
claim valid – whether reference date available to support
payment claim – whether adjudicator denied procedural
fairness to respondent to payment claim - Building and
Construction Industry Security of Payment Act 1999 (NSW).
Broken Hill City Council v Unique Urban Built Pty
Ltd [2018] NSWSC
825
COMMERCIAL ARBITRATION – Commercial Arbitration
Act 2010 (NSW) – application for an order that the
plaintiff and first defendant be referred to arbitration –
arbitration agreement – whether there is an operative
agreement between the parties to submit to arbitration – the
meaning of inoperative – where the person prescribed in the
contract to nominate an arbitrator does not exist – whether
non-existence of person prescribed to nominate an arbitrator
renders the agreement inoperative; HELD – the parties'
arbitration agreement is operative – plaintiff and first
defendant referred to arbitration.
The Council retained Urban to upgrade the Broken Hill Civic Centre.
Their contract is written and in the form AS4000 – 1997
published by Standards Australia (the
Contract).
The Council retained the second defendant architects (the
Architects) to design the upgrade, to be project manager
for the works and to administer the Contract.
Queensland
Bose v Muggeridge Constructions Pty Ltd
[2018] QDC 075
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – where the
applicants and respondent were parties to a contract for
construction of an apartment building by the respondent –
where the contract provided for a defect liability period and
security for the applicant by way of money or bank guarantee
– where bank guarantees expired prior to the expiry of the
defect liability period – whether implied term that bank
guarantees would not expire prior to the end of the defect
liability period – whether required to give business efficacy
to the contract.
CONTRACT – REMEDIES FOR BREACH OF CONTRACT – DAMAGES
– SPECIFIC PERFORMANCE – whether damages are an
adequate remedy – where an order for damages may cause harm
to the applicants – where specific performance will not
negatively affect the respondents – whether specific
performance should be granted.
Lim v Queensland Building and Construction
Commission [2018] QCAT 156
INSURANCE – PROPERTY AND PECUNIARY LOSS INSURANCE
– DOMESTIC BUILDING CONSTRUCTION INSURANCE – where
insurer accepted some items and declined other items – where
decision based mostly on earlier 'Direction to Rectify'
– where applicant did not apply to review earlier Decisions
and is now out of time to seek review of those Decisions –
where Tribunal's jurisdiction does not extend to disturbing
decisions that were reviewable but not reviewed.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– ENDING PROCEEDINGS EARLY – SUMMARY DISMISSAL –
GENERALLY – where application to review decision under Home
Warranty Insurance Scheme cannot be used as de facto review of
decisions about 'Direction to Rectify' – where
applicant did not file material or direct submissions other than
his disagreement with 'Direction to Rectify' – where
Tribunal did not have power in its review jurisdiction for any
purpose other than dealing with precise decision under review
– where application misconceived and lacking in
substance.
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.