In the media
AIBS Senate Hearing - Inquiry into Non-Conforming
Building Products
AIBS appeared before a Senate Economics Reference
Committee Inquiry into non-conforming building products
(NCBP) on 19 July in Sydney. This third inquiry
into NCBP was focussed on the use of external cladding (26 July
2018).
More...
$1 billion green infrastructure fund to spearhead clean
energy standards
The Clean Energy Finance Corporation
(CEFC) and leading alternative asset manager
Morrison & Co plan to spearhead clean energy standards across
Australian social and economic infrastructure assets as part of a
specialist $1 billion 'green' infrastructure fund (26 July
2018).
More...
New benchmark set for project transparency and
accountability
New guidelines to drive greater transparency and
accountability in infrastructure decision-making and reduce
instances of major projects receiving funding before appropriate
planning and assessment have been released by Infrastructure
Australia (24 July 2018).
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ABCC launches campaign to help secure
subcontractors' payments
Australian Building and Construction Commissioner Stephen
McBurney has launched a national campaign aimed at security of
payments for subcontractors in the building and construction sector
(17 July 2018).
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Victoria
Combustible cladding removal to become cheaper
The Victorian Government has pledged to reduce the cost of
removing potentially flammable cladding from buildings. Minister
for Planning Richard Wynne has announced changes to the Local
Government Act that will create Cladding Rectification
Agreements (CRA) (26 July 2018).
More...
New South Wales
Driving down deaths in construction industry
A new plan has been launched to reduce deaths and
accidents in the New South Wales construction industry. Minister
for Better Regulation Matt Kean said it was critical to get
construction safety right, with $80 billion to be spent on New
South Wales infrastructure over the next four years (27 July 2018).
More...
Federal campaign launched after Pacific Highway
subcontractors bailed out by New South Wales Government
The Australian Building and Construction Commission will
target firms tendering for Commonwealth projects, contacting and
reminding them about their payment obligations. The move comes a
day after the New South Wales Deputy Premier John Barilaro
announced a financial assistance package for north coast
subcontractors who are owed millions of dollars for work on the
Pacific Highway (19 July 2018).
More...
Queensland
Taskforce delivers new stadiums plan
The Palaszczuk Government has released its response to the
Stadiums Queensland Taskforce Interim Report's recommendations
to improve the operations of Stadiums Queensland's nine venues
(27 July 2018).
More...
Brisbane Metro briefing to outline business
opportunities
This briefing will provide local, national and
international firms with the opportunity to start thinking about
the skilled teams and innovation they could bring to the Brisbane
Metro and kick start the delivery process of significant new
infrastructure (25 July 2018).
More...
June 2018 Infrastructure Pipeline Report released
The State's independent infrastructure advisor
Building Queensland has identified seven new priority proposals in
the June 2018 Infrastructure Pipeline Report, with a further nine
progressed out of the pipeline having received funding commitments
(23 July 2018). More...
Published
Infrastructure Decision-making Principles
Infrastructure Australia
(IA): 24 July 2018
Offers all governments a way to meaningfully engage with the
community about long-term infrastructure plans, and make sure
infrastructure investment is targeted towards those projects that
address long-term challenges and deliver the greatest possible
economic dividend.
More...
Queensland Government Publications released on 26 July
2018
Annual update of the State Infrastructure Plan
(SIP)
The revised SIP program commits the Government to a total
infrastructure investment of $11.6 billion in 2018-19, and $45.8
billion over the next four years. Program updates for 2018 include
a $21.7 billion investment in transport and road infrastructure and
upgrades for the Logan, Caboolture and Ipswich hospitals. The
Government anticipates expending $733 million on the Cross River
Rail project this financial year. Further information on the State
Infrastructure Plan can be found
here.
Building
Queensland Infrastructure Pipeline Report
The report has confirmed that detailed business cases are being
developed by the authority for the Brisbane Live and the Gold Coast
Light Rail Stage 3A projects. Among the 19 unfunded proposals
included in the Report are potential Gold Coast Rail Line capacity
improvements from Kuraby to Beenleigh, and upgrades to the Bruce
Highway from Pine River to Caboolture/Bribie Island Road and Steve
Irwin Way to Caloundra Road Interchange. Building Queensland's
Infrastructure Pipeline Report can be accessed here.
In practice and courts
IPA Submission on the Stapled Structures –
Integrity Measures Proposal Paper
Infrastructure Partnerships Australia
(IPA) welcomes the opportunity to provide comments
on the Stapled Structures Integrity Measures Proposal Paper (18
July 2018).
More...
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...
QBCC: SCAM ALERT Queensland building industry
targeted
The Financial and Cyber Crime Group, Queensland Police
Service has observed a trend in invoice scams targeting members of
the building industry in Queensland. A number of businesses have
already lost income as a consequence. If you suspect you have been
a victim of an Invoice scam please report on Australian Cyber Online Reporting
Network (ACORN) (23 July 2018).
More...
Cases
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.
Home Building Act 1989 (NSW), s 92(1)
St Hilliers Property Pty Ltd v Pronto Solar Innovations Pty
Ltd [2018] QSC 164
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – REMUNERATION – SUBCONTRACTORS CHARGES
ACT (QLD) – where respondent, an unlicensed
subcontractor, made a payment claim under s 17 Building and
Construction Industry Payments Act 2004 (Qld), a Form 1 Notice
of Claim of Charge and Form 2 Notice to Contractor under the
Subcontractors Charges Act 1974 (Qld) – whether a
licence was required to perform the works under the subcontract
– where applicant advised respondents they did not require a
licence – whether the applicant is estopped from relying on s
42 Queensland Building and Construction Commission Act
1991 (Qld) to dispute payment claims.
McGuire v Queensland Building and Construction
Commission [2018] QCAT 226
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
administrative review – building and construction –
application to review a decision of the Queensland Building and
Construction Commission – the decision under review, the
jurisdiction of the Tribunal to review other decisions.
McCrystal v Queensland Building and Construction
Commission [2018] QCAT 207
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – TIME, EXTENSION AND ABRIDGMENT – whether
extension of time to file application for review should be granted
under s 61 of the QCAT Act – whether extension of
time in enabling Act can be granted – effect of s 86F(1)(b)
of the Queensland Building and Construction Commission Act
1991 (Qld) – whether applicant is entitled to apply for
external review of a decision to take no disciplinary action
against a certifier – whether applicant is a "person
affected by the decision" within the meaning of s 87 of the
Queensland Building and Construction Commission Act 1991
(Qld) – where applicant is owner of property adjacent to one
property relevant to review proceedings in GAR268-17 – where
applicant is owner of property two properties removed from the
property relevant to review proceedings in GAR171-17.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL –
whether the applicant is a person affected by the decision –
whether the applicant lacks standing – whether review
application in GAR171-17 should be dismissed – whether QBCC
should be removed as a party to the review proceedings –
whether review proceedings in GAR268-17 and GAR171-17 should be
consolidated.
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.
