Australia: Construction & Infrastructure News - 30 July 2018

Last Updated: 2 August 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

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). More...

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). More...


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...


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...


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...


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.

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Suzy Cairney
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