In the media
Australian mine tailings dams identified as 'high
risk' in the case of failure
Mining giants Rio Tinto, BHP and Glencore have listed
several of their tailings dams across Australia as being at
"high" or "extreme" risk to public safety if
they fail (20 June 2019).
More...
PCA: Federal leadership needed to resolve looming
insurance crisis
The Property Council of Australia is calling for the
Commonwealth, state and territory governments to immediately
convene an industry roundtable on resolving the insurance crisis.
Insurers around the world have withdrawn exclusion-free
professional indemnity insurance for building certifiers and other
professionals including engineers and architects in the aftermath
of fires involving combustible cladding products (28 June 2019).
More...
Infrastructure boom offsets apartment bust for
construction workers
First Australia had the mining boom, then the east coast
housing boom, now the nation's economic hopes are pinned to its
biggest ever infrastructure boom (24 June 2019).
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Lack of infrastructure information hampers
planning
Current reporting of infrastructure doesn't reflect
community experiences or measure performance against access,
quality and cost, the head of Australia's independent
infrastructure body says (24 June 2019).
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Federal Court penalises company for terminating
subbies' contract over late union fees
Commercial painting business Prolac P/L and its director
Tim Petrusic have been penalised $16,200 for terminating a
subcontractor's contract on the EQ Tower project in
Melbourne's CBD in 2017 (24 June 2019).
More...
Most tower blocks defective, study finds
An analysis of 212 building audits in three states has
found more than half of high-rise blocks have at least one defect,
prompting calls for an insurance overhaul to address the problem
(24 June 2019).
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New South Wales
New South Wales building industry facing 'crisis of
confidence' after second apartment block evacuation
There is a "crisis of confidence" in the New
South Wales building industry following the second emergency
evacuation of an apartment block in Sydney in six months, the
Insurance Council of Australia and Federal Government warns (19
June 2019).
More...
IPA: New South Wales cements lead as nation's
largest infrastructure funder
The New South Wales Government has cemented its lead as
the largest funder of infrastructure in the country with another
stellar Budget, delivering $93 billion in funding over the next
four years (18 June 2019).
More...
Queensland
Successful contractor announced for Kingaroy Hospital
redevelopment project
Construction is just around the corner for the $73.9
million Kingaroy Hospital redevelopment project with the successful
construction tender contractor awarded (28 June 2019).
More...
Record transport budget backs Bruce on Sunny Coast
The Palaszczuk Government has announced it will build the
next stage of Bruce Highway upgrades for the Sunshine Coast in its
$3.13 billion, four-year road infrastructure map for the region (20
June 2019).
More...
QBCC: Multi-agency blitz on Gold Coast uncovers numerous
building offences
A two-day blitz of Gold Coast building sites by 10 local,
State and federal government agencies has reiterated the need for
vigilance in checking building standards, after a number of
offences were detected, including one that could have had tragic
consequences (19 June 2019).
More...
Victoria
Review of proposed Melbourne Airport runway
Melbourne Airport has announced a third runway will
undergo technical consultation with the Government, airlines and
regulatory bodies as part of a detailed review of its proposed
east-west alignment (28 June 2019).
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Practice and courts
New South Wales
Building Stronger Foundations
Consultation period: 26/06/2019 to 24/07/2019
The NSW Government is implementing four key reforms to deliver a
more robust regulatory framework for the construction of buildings.
The consultation period is open until 23 July 2019. The appointment
of the Building Commissioner is expected to be finalised in coming
weeks.
More...
Queensland
Master Builders Queensland: What you need to know about
the waste levy
A waste levy of $75/tonne commenced on 1 July 2019. A
higher rate of up to $155/tonne will be charged on regulated waste
(e.g. asbestos, white goods and architectural and decorative
paints). The levy rate will increase by $5 each year over the next
four years.
More...
Cases
Taouk v Ho [2019] NSWCA
156
APPEAL – Leave to appeal – building and
construction dispute – appeal from Local Court to Supreme
Court on a question of law – primary judge found that
respondent not bound by releases and bars to action in the
settlement deed – where deed delivered to applicant's
solicitors – where applicant disclaimed deed without
executing it – whether injustice to applicant in refusing
leave to appeal
Rhomberg Rail Australia Pty Ltd v Concrete Evidence Pty
Limited [2019] NSWSC
755
BUILDING AND CONSTRUCTION – Adjudication
determination under section 22 of Building and Construction
Industry Security of Payment Act 1999 (NSW) – whether
determination void – jurisdictional error – whether
adjudicator failed to afford natural justice and procedural
fairness in reaching determination – whether denial of
procedural fairness was substantial – whether entitled to
recover in respect of unaffected part of claim
Pollak v Yapp [2019] NSWCA
150
Appeal dismissed with costs. CONTRACTS —
Construction — Interpretation — Contract for sale of
land — Special condition in contract required vendor to
ensure all development conditions complied with prior to completion
— Whether warranty had effect of requiring all works subject
of development approval to be completed —Special condition
contained disclosure that some works were carried out in conformity
with development consent but lower staircase requires replacement
— Whether disclosure amounts to warranty that all works
subject of development approval have been completed — Where
some but not all works the subject of development approval in fact
completed — Whether provision of interim occupation
certificate capable of satisfying vendors' obligation to
provide an occupation certificate
BUILDING AND CONSTRUCTION — Occupation certificates —
Whether interim occupation certificate that certifies some but not
all of works the subject of development approval means that whole
premises cannot be lawfully occupied — Whether occupation
certificate relates to entire property or merely part of property
on which certified works situated — Meaning of "altered
portion" of existing building (iv) please provide details of
insurance under the Home Building Act 1989."
Aurizon Network Pty Ltd v Glencore Coal Queensland Pty Ltd
& Ors [2019] QSC
163
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – CUSTOM AND
USAGE – INCORPORATION INTO CONTRACT – CONSISTENCY WITH
EXPRESS TERMS – Where ordinary meaning of text is clear -
where defendants submit that legal meaning of text cannot be
affected by extrinsic facts - whether the ambiguity requirement is
a gateway that must be passed through before admission of evidence
of extrinsic facts in every dispute relating to the construction of
a contractual term in a formal written contract – whether
ambiguity gateway does not apply where something has clearly gone
wrong with the text on its ordinary meaning.
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – CUSTOM AND
USAGE – INCORPORATION INTO CONTRACT – CONSISTENCY WITH
EXPRESS TERMS – where ordinary meaning of text is clear -
where defendants submit that legal meaning of text cannot be
affected by surprising operation or commercial inconvenience or
disadvantage to the plaintiff - whether the operation of the text
on its ordinary meaning amounts to a commercial absurdity –
whether the court may depart from ordinary meaning in order to
avoid a commercial absurdity – whether the construction
contended for is sufficiently clear
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – IMPLIED TERMS
– GENERALLY – where ordinary meaning of text is clear -
where defendants submit that term cannot be implied because of
failure to satisfy requirements for implication of a term implied
in fact – whether the implied term contended for is
sufficiently clear
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – IMPLIED TERMS
– GENERALLY – where each defendant notified the
plaintiff and each Other Customer under cl 6.1(c) of the WIRP Deed
that every relevant Customer's Segment for the defendant was to
cease being a Customer's Segment – where notice had
effect of reducing each defendants' liability to pay the WIRP
Fee to nil – where notice had effect of shifting the burden
of the WIRP Fee for the Customer's Proportion for the Segment
onto any remaining Segment Customer for the Segment – whether
there is an implied term in the WIRP Deed that a Customer is
obliged to act in good faith towards and deal fairly with the
plaintiff in respect of giving notice under cl 6.1(c)
Queensland Competition Authority Act 1997 Qld s 84, s 100,
s 101, s 133, s 136, s 158, s 250
Sanrus Pty Ltd & Ors v Monto Coal 2 Pty Ltd &
Ors [2019] QSC 162
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – PROCEDURAL ASPECTS OF EVIDENCE – EXPERT
REPORTS AND EXPERT EVIDENCE – OTHER MATTERS – Where the
proceeding concerns complaints made by a junior joint venture
partner about the conduct of a senior joint venture partner in
relation to decisions made in the course of performing a joint
venture for exploitation of a coal deposit – where a
pre-trial case management regime imposed on the parties deadlines
for filing and serving expert reports – where the plaintiffs
sought leave to adduce new expert evidence on day 31 of a long and
factually complex trial and shortly before the expert conclaves and
joint expert reports process was due to commence – where the
plaintiffs had enjoyed a significant indulgence in being permitted
to amend their case based on new expert evidence shortly before the
trial was due to commence which imposed a considerable burden on
the defendants – where the plaintiffs must be taken as having
made a forensic decision in finalising the case they would take to
trial at the time the amendment was permitted – where the
defendants would suffer prejudice if the plaintiffs were granted
leave to amend – whether the plaintiffs should be granted
leave to rely on additional expert evidence at trial. Uniform Civil
Procedure Rules 1999 Qld Ch 11 Pt 5
Re Australia's Residential Builder Pty Ltd (in liq) (No
2) [2019] VSC 389
CORPORATIONS – Unsuccessful appeal by liquidator
against decision of associate justice – Liquidator ordered to
pay costs of successful party on appeal – Calderbank offer
– Calderbank offer not accepted – Whether liquidator
entitled to indemnity for own costs and for costs of successful
party from assets of company – Held liquidator personally
liable for own costs and costs of successful party and not entitled
to indemnity from assets of company.
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.
