Australia: Inside track: Construction & Infrastructure: In the media, Published, Cases

Last Updated: 6 June 2019
Article by Troy Lewis

Most Read Contributor in Australia, July 2019

In the media

Falling business investment, building approvals point to deepening economic slowdown
Australia's first quarter economic growth looks like being anaemic after far weaker than expected private business investment data is released (30 May 2019). More...

New Federal Ministry bodes well for infrastructure sector
Industry bodies are praising the new Federal Ministry for placing elevated emphasis on key infrastructure, energy, logistics and planning for population growth to tackle Australia's future challenges (29 May 2019). More...

New South Wales

Allianz Stadium demolition moves ahead
Lendlease has reached another major milestone in the demolition of Sydney's Allianz Stadium, tearing down the eastern grandstand on Wednesday. No company has yet been commissioned to build the stadium with construction of the new stadium set to commence following receipt of a stage two planning approval (30 May 2019). More...

Greater Sydney housing supply forecast: 191,550 new homes by 2023
Construction of 191,550 new homes in Greater Sydney is forecast in the next five years, a 22 per cent increase, or an extra 34,300 new homes, with Parramatta anticipated to become home to a vast majority of them (23 May 2019). More...


QMBA: Growing crisis for Building Certification
The ongoing cladding problem brought on by building fires around the world, particularly London's Grenfell and in Australia, Melbourne's Lacrosse has highlighted the risk to insurers in the professional indemnity (PI) policies they carry. As a result, building certifiers everywhere are facing challenges when it comes time to renew their policies (30 May 2019). More...

Brisbane Metro to reshape Adelaide Street
Brisbane City Council has released its plan to transform one of the cities vital public transport corridors into a new transit boulevard, including an underground tunnel entry for Brisbane Metro (30 May 2019). More...

Palaszczuk Government seeks to establish Resources Community Infrastructure Fund
The Palaszczuk Government will look to partner with some of Queensland's biggest mining companies to create a Resources Community Infrastructure Fund (29 May 2019). More...

New $250m underground plans for Roma Street
Brisbane's Roma Street busway station will be dug underground and integrated with the new Cross River Rail platforms, in a $250 million plan announced on Friday (27 May 2019). More...


Pallas delivers strong infrastructure budget despite revenue write down
Treasurer Tim Pallas has delivered another stellar infrastructure budget for the people of Victoria, despite domestic headwinds and a downward revision to the state's stamp duty revenue, says industry think tank Infrastructure Partnerships Australia (29 May 2019). More...

State Budget – What does it mean for the housing industry?
The Government has presented the state as being in a strong economic position with employment growth, big infrastructure spends and a surplus of over $1 billion in 2019/20,growing to almost $5 billion dollars over the next four years (28 May 2019). More...


Understanding the assumptions and impacts of the Victorian Public Housing Renewal Program
David Kelly, Libby Porter; Centre for Urban Research (RMIT): 30 May 2019
This report, evaluating the Victorian government's program to redevelop inner suburban public housing estates, says the plan may reduce the amount of homes available for vulnerable households. More...

What's stopping Adani?
The Australia Institute: 23 May 2019
This briefing paper argues that Adani is not "ready to go" with its Carmichael coal mine. More...

Australian Bureau of Statistics
30/05/2019 Building Approvals, Australia, Apr 2019 (cat no. 8731.0)
22/05/2019 Construction Work Done, Australia, Preliminary, Mar 2019 (cat no. 8755.0)


New South Wales

Sought After Investments Pty Ltd v Unicus Homes Pty Ltd [2019] NSWSC 600
BUILDING AND CONSTRUCTION – payment claims under the Building and Construction Industry Security of Payment Act 1999 (NSW) – adjudication determination – whether multiple payment claims served in respect of one reference date – whether multiple supporting statements issued in respect of one payment claim – whether more than one supporting statement could be provided in respect of a single payment claim.

Florida Kitchens Pty Ltd v Number One Marble and Granite [2019] NSWSC 574
PRACTICE AND PROCEDURE — Costs — Security costs — Application for security for costs — UCPR 42.21 — Where there is reason to believe the plaintiff will be unable to pay costs if so ordered.


RW Health Partnership Pty Ltd v Lendlease Building Contractors Pty Ltd [2019] VSC 353
ARBITRATION – Whether dispute resolution clause required expert determination or arbitration – Principles for the construction of dispute resolution clauses considered.
CONTRACT – Whether the parties correspondence in preparation for an arbitration constituted an ad hoc agreement to arbitrate.
ELECTION – Whether by its correspondence the first defendant had elected to arbitrate the relevant dispute – Whether to choose arbitration rather than expert determination was to elect between inconsistent substantive rights.
WAIVER – Principles of waiver considered – Whether by its correspondence the first defendant has unequivocally abandoned its right to expert determination.

Valeo Construction v Tiling Expert [2019] VSC 291
ADMINISTRATIVE LAW – Judicial review – Relief in the nature of certiorari – Injunctions – Declarations – Whether Adjudication Determination is vitiated by jurisdictional error – Error of law on the face of the record - Review of jurisdictional facts - Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 56.
BUILDING CONTRACTS – Whether settlement agreement was a genuine resolution of matters in dispute and whether such agreement amounted to contracting out of the Building and Construction Industry Security of Payment Act 2002 (Vic), ss 9, 14, 21(2B), 23(2), 48.

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.

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
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