Australia: Construction & Infrastructure News – 16 July 2018

Last Updated: 19 July 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

Clean energy opportunities in Australia's infrastructure sector
The Clean Energy Finance Corporation (CEFC) has identified huge potential for improving sustainability by investing in the Australian infrastructure sector's clean energy opportunities according to a recently released impacts report from The Infrastructure Sustainability Council of Australia (ISCA) (09 July 2018). More...

Global organisations unite to solve fire safety in buildings
RICS has joined more than 30 organisations from around the world to develop landmark industry standards to address fire safety in buildings. The standards aim to set and reinforce the minimum requirements professionals should adhere to ensure building safety in the event of a fire (10 July 2018). More...

Australia leading the way in energy storage
Australia is leading the way in residential battery storage, a new report released today by Chief Scientist Dr Alan Finkel has found, with nearly 21,000 battery storage systems installed in homes across the country in 2017 – three times as many as the previous year (06 July 2018). More...

Developing a technology strategy to capitalise on the emerging digital revolution
New digital technologies like BIM and virtual and augmented reality have the power to transform many aspects of the construction industry, but they have yet to find their way into mainstream construction business activities (04 July 2018). More...

GBCA: 'Zero carbon ready' building code could deliver billions in cost and emissions savings
Setting stronger energy standards in the National Construction Code for new buildings would, between now and 2050, reduce energy bills by up to $27 billion, lower energy network costs by up to $7 billion and deliver 78 million tonnes of cumulative emissions savings, according to a new report released today (03 July 2018). More...

New South Wales

Two new big solar farms to begin construction in New South Wales "in coming weeks"
New South Wales looks set to add more than 460MW of new large-scale solar capacity, with German-based developer Belectric confirming it was ready to start construction works on the first of two new solar plants "in the upcoming weeks" (12 July 2018). More...

Queensland

IPA: Queensland can't keep rejecting reality on asset recycling
Queensland's major political parties are rejecting reality by ruling out the Australian Competition and Consumer Commission's proposal to split and sell state-owned power generations to cut electricity prices (12 July 2018). More...

QBCC: Welcome to our new Assistant Commissioner
The QBCC is pleased to announce the appointment of our new Assistant Commissioner, Alison Byrne. Alison is excited to be joining the QBCC and to be leading the Building and Trade Services Division and as a member of the Service Trades Council (11 July 2018). More...

Budget a mixed bag for building
Master Builders has cautiously welcomed Queensland's Budget announcement, but warned it's a mixed bag for the building industry. Master Builders Deputy CEO, Paul Bidwell, said that while the big injection of spending via the $45 billion infrastructure program, with a significant $250 million at education, is a godsend for commercial builders, the residential housing sector won't fare as well (09 July 2018). More...

Adani says it could start works at Abbot Point without traditional owners' input
Adani says it will proceed with new construction work at its Abbot Point coal terminal with or without the involvement of Juru local traditional owners, amid an escalating dispute about the protection of sacred sites (07 July 2018). More...

Victoria

Infrastructure Australia declares Monash Freeway Upgrade Stage 2 a high priority project
Infrastructure Australia has today added Stage 2 of the Monash Freeway Upgrade to the Infrastructure Priority List as a high priority project (11 July 2018). More...

Consultation open on Victoria's 30-year infrastructure strategy
Infrastructure Victoria has opened the first phase of stakeholder and community consultation to mark the start of its 30-year infrastructure strategy update (10 July 2018). More...

Victoria's building laws changed on 1 July 2018
The reforms affect all building practitioners in Victoria, as well as some plumbing contractors and suppliers. The new reforms are designed to achieve compliance and transparency in the building industry, as well as increased consumer protection, so that anyone engaging a building practitioner can do so with confidence (06 July 2018). More...

Published

Governance and operation of the Northern Australia Infrastructure Facility (NAIF)
Senate Economics References Committee; Parliament of Australia: 06 July 2018
The review considered the Northern Australia Infrastructure Facility's (NAIF's) policy settings, with particular reference to its investment mandate, and assessed the implications on NAIF's project identification, selection and assessment processes, including risk settings. More...

Taking charge: The energy storage opportunity for Australia
This occasional paper provides an overview of energy storage technologies already in Australia and on the horizon, and the opportunities for Australia to lead the world in these fields. More...

Built to perform: An industry led pathway to a Zero Carbon Ready Building Code – Final Report
The report calls for a 'Zero Carbon Ready' building code. Built to Perform shows that setting strong energy standards for new buildings in the Code could, between now and 2050, reduce energy bills by up to $27 billion, cut energy network costs by up to $7 billion and deliver at least 78 million tonnes of cumulative emissions savings. More...

Australian Bureau of Statistics
11/07/2018 Building Activity, Australia, Mar 2018 (cat no. 8752.0)
11/07/2018 Construction Activity: Chain Volume Measures, Australia, Mar 2018 (cat no. 8782.0.65.001)
11/07/2018 Housing Finance, Australia, May 2018 (cat no. 5609.0)
03/07/2018 Building Approvals, Australia, May 2018 (cat no. 8731.0)

Practice and courts

Infrastructure Priority List - Call for submissions
Infrastructure Australia is seeking submissions for the next update of the Infrastructure Priority List (IPL), which will be published in February 2019. Proposals for all types of infrastructure, including programs of related works and programs for network optimisation must be received before 31 August 2018. More...

prefabAUS Conference 2018
11 - 12 September, 2018 Brisbane Convention & Exhibition Centre. More...

NCEIF: 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. Dates: 19 - 20 July 2018 at the Crown Conference Centre in Melbourne. More...

New Building Standards

AS/NZS 5033:2014/Amdt 2:2018
Installation and safety requirements for photovoltaic (PV) arrays. Standards Australia.

AS/NZS 5033:2014/Amdt 1:2018
Installation and safety requirements for photovoltaic (PV) arrays. Standards Australia.

Cases

Hyundai Engineering & Steel Industries Co Ltd v Alfasi Steel Constructions (NSW) Pty Ltd [2018] FCA 1054
ARBITRATION – international arbitration – where award creditor brought proceedings to enforce award obtained in Singapore – whether proceeding brought by award creditor to enforce foreign award should be adjourned – where award debtor seeks to set aside the award in part in the High Court of the Republic of Singapore – application of s.8(8) of the International Arbitration Act 1974 (Cth) – adjournment granted on condition that award debtor provide security for full amount of the award plus interest.
Hyundai and Alfasi entered into a "Sub-Subcontract" by which Hyundai agreed to fabricate and deliver steel for use by Alfasi in the construction of the Sydney International Convention Exhibition and Entertainment Precinct in Darling Harbour, including an exhibition hall and a theatre (the Project).

TTM Investment Corporation Pty Ltd v Hua Chang Pty Ltd [2018] NSWSC 1078
Security for costs order and freezing order to be granted.
CIVIL PROCEDURE – security for costs – discretionary considerations – where party resisting order not acting purely defensively in main proceedings – relevance of the strength of a party's claim.
CIVIL PROCEDURE – security for costs order – quantum of security – ascertaining quantum where neither party is acting purely defensively in main proceedings – difficulty in ascertaining quantum where claims and cross-claims are interconnected.
CIVIL PROCEDURE – interlocutory application – freezing order – risk of removing assets out of jurisdiction – where party has little to no connection with jurisdiction – where party has commercial incentive to remove assets from jurisdiction.
Development involved the construction of eight units on the land - builder undertook the work pursuant to a written construction contract. Contract price was $3.256 million. Home Building Act 1989 (NSW), s.92(1).

Southern Cross Electrical Engineering v Steve Magill Earthmoving [2018] NSWSC 1027
BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) – application to quash adjudicator's determination – whether adjudicator imposed an onus of proof on plaintiff inconsistent with his statutory obligation to come to his own view on the material – whether adjudicator's determination regarding lineal meterage unreasonable – necessary to consider adjudicator's reasoning in light of statutory requirement to determine often difficult questions within tight timeframe – necessary to have regard to the statutory scheme which renders determination final as to payment claims but otherwise preserves all rights – impermissible to conduct merits inquiry under guise of jurisdictional reasonableness – fair reading of the adjudicator's reasons in context demonstrates no error with regards to onus – not shown that determination was unreasonable to the extent of invalidation – summons dismissed.

Legislation

Commonwealth

Regulation

Security of Critical Infrastructure Rules 2018
These rules specify the requirements for an electricity generation station and gas transmission pipeline to be considered a 'critical infrastructure asset' for the purposes of subsection 10(2) and subsection 12(2) of the Security of Critical Infrastructure Act 2018, prescribe the Tasmanian Gas Pipeline as a 'critical infrastructure asset', and ensure the Government has access to 'operational information' in order to determine the national security risks in 'critical infrastructure assets'.

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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Authors
Suzy Cairney
Kyle Siebel
Scott Alden
Christine Jones
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