In the media
Australia's current building compliance issues
With the Lacrosse fire in Melbourne, the Opal Tower
scenario in Sydney, along with other fires and building safety and
defect issues in buildings in Australia and overseas, we are
increasingly seeing that prior to the drama occurring, the problems
or potential problems with the building were known (18 April 2019).
More...
Changing construction: Consistency is key
Traditionally, construction tends to be a local industry;
it's largely domestic players, tapping into local labor,
materials and technology where available, otherwise importing them.
There are increasingly international players with access to
international finance, particularly on "big ticket"
infrastructure projects and Grade A buildings (15 April 2019).
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The ultimate challenge for sustainable building
A push to net zero carbon buildings is among the raft of
changes proposed in the next evolution of the Green Building
Council of Australia's Green Star system (10 April 2019).
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New South Wales
Labourer takes company to court over construction site
accident
The company at the centre of a catastrophic scaffolding
collapse at Macquarie Park that resulted in the death of one man is
being sued over a separate incident in which scaffolding allegedly
fell and struck a worker on the north shore (16 April 2019).
More...
'It's been a long process': Almost 170 Opal
Tower apartments still empty, repairs only just beginning
Almost four months after it was evacuated, about half of
the units inside Sydney's troubled Opal Tower remain unoccupied
— and rectification work has only recently begun (15 April
2019).
More...
'Significantly higher': Spotlight on noise
levels at Sydney's new airport
The noise levels at the new Western Sydney Airport could
be "significantly higher" than the Federal Government
predicted ahead of approving its construction, a study finds (14
April 2019).
More...
World-first relocatable solar pods power up commercial
rooftops
Solpod today launches a potential game changer in
commercial solar PV. Substantially funded by ARENA, supported by
energy retailer, ERM Power, and trialling across 25 shopping
centres and NSW Government sites, this innovation has the legs to
go global (12 April 2019).
More...
Queensland
Queensland's big infrastructure spend in Brisbane
and what it means
The Labor government has begun substantial infrastructure
projects, committing to a $944 million urban Metro service and a
$5.4 billion second Cross River Rail project to be tunnelled under
the Brisbane River (11 April 2019).
More...
Changes to Building Queensland's operations
Important operational amendments will be implemented
enabling Building Queensland to drive greater efficiencies in
developing robust business cases and advice to inform government
decision-making. Building Queensland will develop business cases
for road transport projects over the $500 million threshold and
continue to lead business cases for all other infrastructure
projects valued over $100 million (12 April 2019).
More...
Victoria
Better infrastructure to help grow Victoria's
potential
Infrastructure Victoria has called for better integration
of land use and transport infrastructure and more targeted regional
infrastructure initiatives to help the state reap the benefits of
its unprecedented population growth, releasing a discussion paper
titled Growing Victoria's Potential (16 April 2019).
More...
Contractor APM issued exclusion sanction following
building code breach
A Victorian building company has been issued a one-month
exclusion sanction for its failure to comply with state security of
payments legislation. APM was found to have breached the Building
Code 2013 by failing to pay a subcontractor over $40,000, and
failing to resolve a payment dispute with a subcontractor in a
reasonable, timely and cooperative way (10 April 2019).
More...
Up to 100 Victorian workers tested after fears of PFAS
exposure
The Victorian workplace regulator is paying to test 100
workers exposed to the toxic chemical PFAS while working in the gas
industry in eastern Victoria (08 April 2019).
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Published - articles, papers, reports
Commonwealth Orange Book 2019: Policy priorities for the
federal government
John Daley, Stephen Duckett, Peter Goss, Andrew Norton,
Marion Terrill, Danielle Wood, Tony Wood, Brendan Coates; Grattan
Institute: 16 April 2019. This report rates Australia's
performance against similar countries and proposes policy reforms
for schools and universities, hospitals and housing, roads and
railways, cities and regions, budgets and taxes, retirement
incomes, and climate change. More...
Commonwealth orange book 2019 (chart data) policy
priorities for the federal government
Grattan Institute: 16 April 2019
This chart data accompanies the book report which rates
Australia's performance against similar countries and proposes
policy reforms to schools and universities, hospitals and housing,
roads and railways, cities and regions, budgets and taxes,
retirement incomes and climate change. More...
Key issues for the 57th Parliament
Parliamentary Research Service (NSW): 11 April 2019
This briefing paper provides Members of the 57th Parliament of New
South Wales with an authoritative overview of 45 key issues
affecting the State in 2019. It examines the demographic profile of
NSW and considers the current state of our economy and the ongoing
challenges of planning and transport. More...
Practice and courts
ABCC E-Alert: Contractor APM issued exclusion sanction
following building code breach
Victorian building company APM Group
(Aust) Pty Ltd (APM) and its
related entity APM Holdings (Aust) Pty Ltd has
been issued a one-month exclusion sanction for its failure to
comply with state security of payments legislation (10 April 2019).
More...
New South Wales
City of Sydney: Alternative housing idea challenge
The community will have the opportunity to provide
feedback on the short-listed concepts as part of the City's
consultation to shape
Sydney 2050. The Alternative Housing Ideas Challenge will close
on 8 May 2019.
More...
Queensland
Special joint taskforce: Subcontractor non-payment in
the Queensland building industry
The Special Joint Taskforce will investigate complaints or
allegations of fraudulent behaviour that have led to subcontractor
non-payment in the building industry and will also consider if any
legislative changes are required to strengthen the laws protecting
people against illegal conduct. Submissions close on 17 May 2019. A
final report and recommendations due to State Government by 30 June
2019. More...
Cases
New South Wales
BM Sydney Building Materials Pty Ltd v AWT Building
Group (Aust) Pty Ltd; BM Sydney Building Materials Pty Ltd v AWT
Building Pty Ltd; Harpro Group Pty Ltd v BM Sydney Building
Materials Pty Ltd [2019] NSWSC
421
EQUITY – estoppel – debtors raised, as a
defence to admitted debts, an equitable estoppel based on a
disputed oral conversation in which it alleged that the plaintiffs
agreed, on certain conditions, not to claim payment – debtors
claimed that they suffered prejudice in buying goods from the
plaintiff and in procuring another party not to sue the plaintiffs
on a different claim – approach to be taken to factual
findings where the terms of an oral conversation are relied upon;
HELD: conversation not established – no sufficient basis to
ground an estoppel in equity; EQUITY – alleged breaches of
statutory and equitable duties on the part of a de facto director
and knowing participation by his company in the alleged breaches
– alleged breaches consist of procuring payment to another
party of monies due to the plaintiff object of the duties –
where the recipient lent money to the plaintiff and the payments
were made in reduction of the loan; HELD: no breach established and
in any event no loss caused to the plaintiff – claim
dismissed.
Queensland
Niclin Constructions Pty Ltd v SHA Premier Constructions
Pty Ltd & Anor [2019] QSC
91
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – OTHER MATTERS – where the applicant submits
that the adjudicator's decision is void for jurisdictional
error – Whether service of an adjudication application as
soon as possible after it is made is necessary to confer
jurisdiction on an adjudicator
Victoria
Midland Metals Overseas Pte Ltd v Powercor Network Services
Pty Ltd [2019] VSCA 76
CORPORATIONS – Contract – Setting aside of
statutory demands – Contract for supply of electricity cables
– Technical specifications – Genuine dispute as to
whether cables supplied complied with specifications under the
contract – Construction of contract – Ultimate
questions not decided – Corporations Act 2001, ss
459G, 459H – Leave to appeal refused.
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.
