Media releases
Investors not feeling the heat on climate
emergency
A majority of survey participants in the Global
Construction Survey stated that although investors express interest
in reliance-related factors (e.g. adapted to climate change or able
to adapt to disruptive technology), underlying decisions are still
based on more traditional cost matters (09 May 2019). More...
Federal court ups penalty for company paying strike
pay
The Federal Court has increased a penalty awarded against
building company J Hutchinson Pty Ltd from $1,200 to $20,000. The
ABCC filed an appeal from the Federal Circuit Court's original
decision on the basis the penalty was manifestly inadequate (08 May
2019). More...
New South Wales
$200 million infrastructure funding for Sydney
community
The City of Sydney is set to spend almost $200 million in
the next financial year on major infrastructure projects across
multiple communities. The funding is part of a $1.6 billion
10-year budget for capital works that builds major community
infrastructure, increases open space and reduces carbon pollution
in Sydney communities (17 May 2019). More...
Philip Thalis on Sydney's future: Public treasures
or throwaway junk buildings
Now renowned architect and City of Sydney councillor
Philip Thalis has waded into the fray with a searing look at what
will happen to public Sydney under the current regime of how it
treats its built environment (14 May 2019). More...
Queensland
Proposed Gold Coast cruise ship terminal grows in size,
and possibly cost
Questions are raised about the financial viability of the
Gold Coast's proposed $450 million cruise ship terminal, after
a report shows the project would need to be much larger than
planned for (07 May 2019). More...
Victoria
Apartment developer fined $80,000 for unsafe
worksites
A residential apartment developer has been fined $80,000
after WorkSafe inspectors detected multiple safety breaches at two
construction sites in Melbourne's eastern suburbs (15 May
2019). More...
Published
The business case for social housing as
infrastructure
Todd Denham, Jago Dodson, Julie Lawson
Australian Housing and Urban Research Institute: 15 May 2019
This research investigated frameworks for funding social housing as
infrastructure, including cost-benefit analysis and alternatives
such as 'avoided cost' and 'housing adjusted life
years', to develop stronger analytical methods. More...
Practice and courts
ABCB advice: ACT adoption of NCC 2019 deferred to 1 June
2019
The ACT Government has advised that the adoption of NCC
2019 will be deferred in the ACT to 1 June 2019 (08 May 2019).
More...
Queensland
QMBA: QBCC Standards and Tolerances Guide 2019
Master Builders, through consultation with the Queensland
Building and Construction Commission (QBCC), has
completed a review of the QBCC Standards and Tolerances Guide (17
May 2019). More...
Safer Buildings: Map shows concentration of audited
buildings across Queensland
The QBCC has released a map highlighting the concentration
of buildings being audited for combustible cladding in Queensland.
The QBCC blog has a guide to help buildings owners locate the right
building industry professional to meet the requirements of Part 2
of the Safer Buildings combustible cladding checklist. More...
Cases
YTO Construction Pty Ltd v
Innovative Civil Pty Ltd [2019] NSWCA
110
CIVIL PROCEDURE - Pleadings - Fraud - Appellant
alleged judgment founded on adjudication certificate under
Building and Construction Industry Security of Payment Act
1999 (NSW) procured by fraud - Substance of fraud
allegation not dealt with at first instance due to finding of
deficient pleading - Whether fraud sufficiently pleaded - Whether
appellant departed from its pleaded case - Whether primary judge
erred in dismissing claim without addressing substance of case -
Proceedings remitted to Equity Division for further hearing or
redetermination.
Geneville Constructions Pty
Ltd v Leslight (No 2) [2019] NSWDC 172
BUILDING AND CONSTRUCTION - absence of a formal
detailed written contract between the parties - terms of alleged
contract - extensive factual dispute between main witnesses on
numerous issues - entitlement of plaintiff to recover under alleged
contract - alternative claim for quantum meruit - extent of any
entitlement of plaintiff to recover compensation - claim by the
defendant client for damages for alleged defects, delays and other
losses. Evidence Act 1995 (NSW), section 161;
Home Building Act 1989 (NSW), sections 7, 7A and
10; Uniform Civil Procedure Rules 2005.
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.