Australia: Inside track: Construction & Infrastructure - in the media, in practice and courts, cases and legislation

Last Updated: 22 May 2019
Article by Troy Lewis

Most Read Contributor in Australia, July 2019

In the media

National Construction Code 2019 adopted by all States and Territories
1 May 2019, was the adoption date for the 2019 edition of the NCC by all States and Territories. The adoption date signifies that, NCC 2019 is given legal effect by relevant legislation in each State and Territory (01 May 2019). More...

Investigation reveals nine multi-storey Darwin buildings are non-compliant
An investigation into a private Darwin engineer that has been running since 2017 reveals that nine multi-storey residential buildings in the Top End city have a non-compliant components that can cause structural problems (29 April 2019). More...

New South Wales

WestConnex Transaction named Australia's best infrastructure project
The WestConnex Transaction in New South Wales has been named Australia's best infrastructure project at the National Infrastructure Awards (02 May 2019). More...

Unlicensed contractor fined $67,000 for breaking home building and consumer laws
A western Sydney man has been fined $67,000 after being found guilty of accepting multiple payments from consumers while unlicensed and then performing unfinished and defective residential work (30 April 2019). More...


Economic boost for regional Queensland with $1b Winchester South project declared
A $1 billion metallurgical coal mining project in central Queensland's Bowen Basin is a step closer to being realised after being declared a coordinated project by Queensland's independent Coordinator-General (03 May 2019). More...

Queen's Wharf Brisbane main works preferred contractor announced
Destination Brisbane Consortium has awarded preferred contractor status to Multiplex for the major construction works at the transformational Queen's Wharf Brisbane Integrated Resort Development (30 April 2019). More...


La Trobe's $100m mass timber construction project takes off
Construction has begun on a new student accommodation project for La Trobe University at its Melbourne campus in Bundoora. The structures will be built utilising the mass timber construction method, making this the largest project of its kind in Victoria (03 May 2019). More...

Record year for building work in Victoria as permits nudge $40 billion
Applications for building permits in Victoria continued at record levels in 2018, with the cost of works in permits reported to the Victorian Building Authority reaching almost $40 billion for the first time (24 April 2019). More...

Practice and courts

HIA: 1 May 2019 - National Construction Code 2019 starts
HIA has developed a range of member resources and ran a series of seminars to assist members in understanding and applying the changes. You can get access to these resources here. You can download the new editions of the NCC from the ABCB website here. More...


QBCC: What to expect from the National Construction Code (NCC) 2019
The NCC 2019 was adopted by all states and territories on 1 May 2019. Coinciding with this updated edition of the NCC is the QBCC's new Standards and Tolerances Guide 2019. Some of the key changes are described here.


Bundanoon Sandstone Pty Ltd v Cenric Group Pty Ltd; TWT Property Group Pty Limited v Cenric Group Pty Limited [2019] NSWCA 87
APPEAL – contract – where parties entered into various contractual arrangements to undertake excavation works including harvesting natural sandstone – whether the primary judge erred in finding the parties formed a concluded agreement to vary the terms of the head contract and the sub-contract – where credit findings are challenged – importance of establishing a Fox v Percy type error APPEAL – contract – whether the primary judge erred in finding the cross-appellant's show cause notice and termination of the head contract were invalid – effect of variation of the head contract – whether the primary judge erred in finding a breach of an implied term of good faith and reasonableness APPEAL – contract – where parties entitled to share in royalties from sale of sandstone – whether the primary judge's construction of the term capping the contractor's share of the royalties was wrong. Environmental Planning and Assessment Act 1979 (NSW), s 96 Uniform Civil Procedure Rules 2005 (NSW), r 42.1, Pt 51.36(2)

Lawrence v Ciantar; Ciantar v Lawrence [2019] NSWSC 464
CONTRACTS – written terms – oral terms – construction – whether plaintiff contractually obliged to carry out and complete certain works – whether joint venture agreement or contract caught by Home Building Act 1989 (NSW)
CONTRACTS – interpretation – ambiguity – evidence of surrounding circumstances – evidence of prior negotiations – evidence of subsequent conduct –STATUTORY INTERPRETATION – definitions – Home Building Act 1989 (NSW) – meaning of "residential building work" – contract to do sub-division works including construction of a driveway, retention tank and drainage works – whether preparatory works under contract constituted "residential building works" Home Building Act 1989 (NSW) ss 4, 6, 7, 7BA, 7D, 10; sch 1 cls 1, 2, 3.

Shao v AG Advanced Construction Pty Ltd [2019] VSCA 93
BUILDING AND CONSTRUCTION – Major domestic building contract – Termination by owner under Domestic Building Contracts Act 1995 s 41 – Builder entitled to reasonable price – Defects – Whether termination under s 41 extinguishes damages claim for defective work – Shevill v Builders Licensing Board [1982] HCA 47; (1982) 149 CLR 620; McDonald v Dennys Lascelles Ltd [1933] HCA 25; (1933) 48 CLR 457, applied – Whether costs of rectifying defects to be calculated in builder's reasonable price under s 41(5) – Builder paid more than reasonable price – Whether owner entitled to refund – Domestic Building Contracts Act 1995 s 53(2)(b) and (f).
ADMINISTRATIVE LAW – Appeals – Victorian Civil and Administrative Tribunal Act 1998, s 148 – Appeal allowed – Whether to exercise power of Tribunal to order refund – Whether to remit proceeding to Tribunal – Victorian Civil and Administrative Tribunal Act 1998 s 148(7)(b) and (c).



Subordinate legislation as made – 03 May 2019
No 65 Standard Plumbing and Drainage (Plumbing Code of Australia Compliance) Amendment Regulation 2019

Government Owned Corporations (Generator Restructure-CleanCo) Regulation 2019 (Qld) - 26 April 2019
The purpose of this Regulation is to effect the progressive transfer of the assets, liabilities, instruments and employees relating to the Foundation Portfolio from Stanwell and CS Energy to CleanCo.

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions