In the media
Major infrastructure contractor York Civil goes into
administration
An Adelaide-based construction and engineering company,
which employs more than 400 people in major infrastructure projects
around Australia, goes into voluntary administration (06 August
2018).
More...
MBA: Builders upbeat despite moderating housing
market
Builders remain relatively upbeat despite the moderating
housing market, according to the latest real time snapshot of
business confidence in the building industry (02 August 2018).
More...
Commonwealth moves to ensure subcontracts on Government
projects are paid in 30 days or less
The Australian Small Business and Family Enterprise
Ombudsman, Kate Carnell, commends the Department of Finance for
listening to contributors and changing the
"Subcontractor" clause in its Commonwealth standard
payment terms to include payment terms of 30 days or less (02
August 2018).
More...
Federal Court makes first personal payment order against
CFMEU repeat offender
Following a landmark ruling by the High Court earlier this
year the Full Federal Court has today ordered CFMEU official Joseph
Myles to personally pay a penalty of $19,500. Today's order
prevents Mr Myles from seeking any financial benefit from the CFMEU
to pay the penalty (02 August 2018).
More...
Building approvals rebound as property sector shows
resilience
If the property sector was starting to feel the chilled
winds of a slowdown it wasn't evident in June, with developers
winning approval for more than 19,000 new dwellings (31 July 2018).
More...
Prefab construction is a godsend for disaster
response
Prefabricated construction techniques show promise as
long-term solutions for rebuilding disaster zones in remote and
rural locations, according to Monash University professor Mehrdad
Arashpour (31 August 2018).
More...
Victoria displaces New South Wales as nation's
strongest economy, with Western Australia still lagging
Victoria eases ahead of New South Wales to number one spot
in CommSec's "State of the States" economic rankings,
while Western Australia continues to lag in last place as the
mining boom unwinds (30 July 2018).
More...
New South Wales
Proposed ban on the use of certain types of aluminium
composite panels
New South Wales Fair Trading Commissioner, Rose Webb, has
today given notice of her intention to impose a building product
use ban under the Building Products (Safety) Act 2017. It
is an offence for a person to contravene a building product use ban
or to represent that a building product is suitable for use in a
building if its use would contravene the ban. Corporations can be
fined up to $1.1 million and individuals up to $220,000 (10 August
2018).
More...
Fair Trading reforms set to deliver big benefits for New
South Wales consumers
Consumers are set to save big on time and money, and have
disputes with businesses resolved quicker, thanks to new Fair
Trading powers. Minister for Better Regulation Matt Kean said the
Fair Trading Legislation Amendment (Consumer Guarantee Directions)
Bill, granting the new powers, would be introduced into Parliament
this week (08 August 2018).
More...
Queensland
Regional Queensland continues comeback
Building approvals have surged across Queensland, with the
latest figures from the Australian Bureau of Statistics showing
house approvals up 27 per cent and units up 60 per cent for the
month of June (09 August 2018).
More...
Government moves ahead on Kangaroo Point pedestrian
bridge
The Queensland government will put money toward developing
a business case for the Kangaroo Point Green Bridge. The Palaszczuk
government is working with 22 local governments and industry to
assess 40 new infrastructure proposals including an Ipswich stadium
business case and a business case for a Beaudesert Library (07
August 2018).
More...
Published
CBD and South East Light Rail: Key Sources
New South Wales Parliament; Issues Backgrounder 2/2018
by Lenny Roth: August 2018
This paper contains a collection of key sources on the CBD and
South East Light Rail project, including government publications,
parliamentary material, and media articles.
More...
ACI Construction Briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry (06 August 2018).
More...
In practice and courts
ABCC: Security of payments – nation-wide campaign
commences
The ABCC has begun a nation-wide campaign to educate
contractors on their responsibilities to pay their subcontractors
on time under the Code for the Tendering and Performance of
Building Work 2016. It's important that contractors meet
their obligations under the Code, otherwise they risk possible
sanctions from tendering for Commonwealth funded projects (02
August 2018).
More...
ABCC: Information at your fingertips
The ABCC has now launched its free app for mobile devices.
ABCC On Site enables people on building sites to have access to
information at their fingertips. 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...
prefabAUS Conference 2018
11th - 12th September, 2018 Brisbane Convention &
Exhibition Centre Early bird registration closes on 30 June. More...
Cases
Goodwin Street Developments Pty Ltd v DSD Builders Pty
Ltd [2018] NSWSC 1229
BUILDING AND CONSTRUCTION – application to quash
adjudicator's determination under Security of Payment
Act – whether payment claim invalid as attachment to
supporting statement not included – no requirement for such
attachment on the facts of this case.
BUILDING AND CONSTRUCTION – whether adjudicator failed to
discharge her statutory functions in good faith – statutory
formulation requires certain specified matters be given weight as
fundamental elements in the determination – necessary to
consider adjudicators' reasoning in light of the compressed
time constraints in which they are created – importance of
not overzealously or mechanically applying the description of the
adjudicators' task explained in SSC Plenty Road v
Construction Engineering (Aust) [2015] VSC 631 – fair
reading of the adjudicator's reasons in context demonstrates no
jurisdictional error.
BUILDING AND CONSTRUCTION – whether builder should be
prevented from receiving adjudicated amount – where owner
claims to have a substantial offsetting claim – whether owner
would be prejudiced if payment out of court is ordered due to
insolvency risk of builder – where Security of Payment
Act effects a statutory transfer of risk from builder to owner
pending final determination – necessary to point to a further
risk than that inherent in the statutory allocation to justify the
granting of a stay – no such grounds established.
Mineralogy Pty Ltd v BGP Geoexplorer Pte Ltd
[2018] QCA 174
GUARANTEE AND INDEMNITY DISCHARGE OF SURETY ALTERATION OF
OBLIGATION GENERALLY where the respondent entered into a contract
to provide services for reward to a third party where the appellant
entered into a guarantee with the respondent guaranteeing the third
party's obligation under the contract where the respondent made
demand under the guarantee for debts owing under the contract
where, in the proceeding below, the appellant argued that
variations made to the contract had the effect of discharging it
from the guarantee where the learned primary judge found that
variations made to the contract did not have the effect of
discharging the appellant from the guarantee where the appellant
argued the primary judge erred by failing to construe the guarantee
strictissimi juris whether the primary judge erred in finding that
variations made to the contract did not have the effect of
discharging the appellant from the guarantee.
CONTRACTS GENERAL CONTRACTUAL PRINCIPLES CONSTRUCTION AND
INTERPRETATION OF CONTRACTS INTERPRETATION OF MISCELLANEOUS
CONTRACTS AND OTHER MATTERS where the respondent entered into a
contract to provide services for reward to a third party where the
appellant entered into a guarantee with the respondent guaranteeing
the third party's obligation under the contract where the
respondent made demand under the guarantee for debts owing under
the contract where, in the proceeding below, the appellant alleged
that the third party was not liable under the contract because
there was unsatisfactory performance of the respondents obligations
under the contract where the contract between the respondent and
the third party contained a provision enabling the third party to
withhold payment due to the respondent for unsatisfactory
performance of the contract where the learned primary judge found
that the third party, and therefore the appellant, was obliged to
pay the amount due under the contract whether the primary judge
erred in finding that the respondent was not guilty of
unsatisfactory performance and that its conduct did not amount to a
breach or anticipatory breach of the principal contract.
GUARANTEE AND INDEMNITY THE CONTRACT OF GUARANTEE MISREPRESENTATION
OR NON-DISCLOSURE where the respondent entered into a contract to
provide services for reward to a third party where the appellant
entered into a guarantee with the respondent guaranteeing the third
partys obligation under the contract where the respondent made
demand under the guarantee for debts owing under the contract where
the appellant alleged that the respondent misrepresented to the
third party and the appellant that the respondent had the skill and
competence to provide a report as to the prospective existence and
volume of resources of oil and condensate where, in the proceeding
below, the appellant argued that it was entitled to relief under s
87 of the Trade Practices Act 1974 (Cth) declaring the
contract to be void ab initio where the learned primary judge found
that the respondent did not engage in misleading and deceptive
conduct whether the primary judge erred in rejecting the claim of
misleading or deceptive conduct.
Coliban Heights Pty Ltd v Citisolar Vic Pty
Ltd [2018] VSCA 191
CONTRACTS – Australian Consumer Law – Contract
for supply of services – Right to terminate contract for
'major failure' pursuant to Australian Consumer Law, s
267(3)(a) – Whether right to terminate contract exercised
– Goods connected with services deemed rejected on
termination of contract pursuant to Australian Consumer Law, s
270(1)(c) – Acceptance of goods connected with services
inconsistent with termination of contract – Australian
Consumer Law, ss 267, 269, 270; Australian Consumer Law and
Fair Trading Act 2012, s 8.
JUDICIAL REVIEW – Appeal on question of law – Question
of law founds jurisdiction of Court to hear appeal – No
question of law articulated in originating process – Notice
of appeal requires setting out of questions of law –
Victorian Civil and Administrative Tribunal Act 1998, s
148; Supreme Court (Miscellaneous Civil Proceedings) Rules 2008, r
4.06(1)(b)(v).
Vanguard Development Group Pty Ltd v Promax Building
Developments Pty Ltd & Anor [2018] VSC
386
BUILDING CONTRACTS – Building and Construction
Industry Security of Payment Act 2002 (Vic) – Where
'final claim' issued after termination of contract –
Whether valid reference date – No reference date existed such
that jurisdictional error made – Whether further error
committed in failing to assess alleged defects which existed at
time of earlier adjudication but only identified subsequently
– Further jurisdictional error found.
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.