In the media
Calls for improved business cases to inform
infrastructure investment
Consult Australia, an association for consulting firms in
the built environment sector, has identified ten factors for a
successful business case for infrastructure projects. These have
been outlined in Consult Australia's Business Case Development
in Australia report (23 August 2019).
More...
MBA: Transport infrastructure investment will be a boost
but construction activity must be fast tracked
Investment in transport infrastructure will help bridge
the troubled waters of a declining housing market and softening
commercial construction sector but there is little doubt that more
needs to be done to fast-track construction activity and ignite
economic growth (13 August 2019).
More...
Infrastructure critical to city transformation:
Audit
The Property Council of Australia welcomed the release of
Infrastructure Australia's 2019 Australian Infrastructure Audit
and its recognition of the critical infrastructure needs of our
growing cities, especially the big four of Sydney, Melbourne,
Brisbane and Perth (13 August 2019).
More...
Significant building reform' needed to restore
insurers' confidence
Insurers won't consider offering unrestricted products
in the building industry professional indemnity market until
confidence in the sector is restored, Insurance Council of
Australia (ICA) says (12 August 2019).
More...
New South Wales
Mascot Towers repair bill hits $20m as engineers close
in on cause of cracking
Unit owners in Sydney's evacuated Mascot Towers
building have learnt the repair bill could blow out to $20 million
as construction engineers zero in on what caused the complex to
crack (23 August 2019).
More...
First modular hospital delivered to remote New South
Wales
Wood & Grieve Engineers now part of Stantec
(WGE) have shaped the healthcare industry by
delivering New South Wales' first modular hospital for the
Broken Hill Community Health Centre (23 August 2019).
More...
Gas import terminal gets Critical State Significant
status
The New South Wales government has declared a terminal for
the importation of liquified natural gas (LNG) in
Newcastle to be Critical State Significant Infrastructure (19
August 2019).
More...
Statement on Barangaroo sight lines resolution
The New South Wales Government has reached a settlement
with Lendlease and Crown Resorts regarding the Barangaroo sight
lines dispute. Infrastructure NSW has been leading negotiations on
behalf of the New South Wales Government since the former
Barangaroo Delivery Authority was abolished on 1 July 2019 (19
August 2019).
More...
Queensland
Engineering firm walks away from Adani
Aurecon has announced that it would cease working with
Adani once its current contract (port operations at its Abbott
Point Coal Terminal) winds up in six to nine months, citing the
group's commitments to sustainability (20 August 2019) .
More...
Solutions to the State's infrastructure needs
The Queensland Government's key independent
infrastructure advisor, Building Queensland, has published its 2019
Infrastructure Pipeline Report (21 August 2019).
More...
Building watchdog unites with the ATO and ASIC
Queensland's building industry watchdog, the
Australian Taxation Office (ATO) and ASIC have
joined forces in an educational offensive against illegal
phoenixing in the building industry, a practice which causes
significant harm to industry members (19 August 2019).
More...
Victoria
VBA supports decision to remove residents from
apartments
The VBA has supported the decision by the City of Kingston
to remove remaining residents from an apartment complex, after the
building was deemed no longer safe for occupation. The VBA's
Statewide Cladding Audit convened a panel made up of fire safety
experts to assess the building (24 August 2019).
More...
Victoria national leader on infrastructure
management
Victoria is leading the nation in planning and managing
infrastructure projects by heading up the development of an
Australian Building Information Modelling (BIM)
Strategic Framework. The framework will standardise approaches to
using BIM in the delivery and operation of major buildings and
infrastructure (23 August 2019).
More...
VBA: High Court decision on the application of
the Mutual Recognition Act
1992
The VBA is disappointed with the outcome of its appeal to
the High Court of Australia and its possible ramifications for
Victorian consumers. The High Court dismissed the VBA's
challenge to a Federal Court decision that precluded the VBA from
considering the character of applicants for registration under the
Commonwealth Mutual Recognition Act 1992 (12 August 2019).
More...
Published - articles, papers, reports
An assessment of Australia's future infrastructure
needs
Infrastructure Australia: 13 August 2019
The 2019 audit covers transport, energy, water, telecommunications
and – for the first time – social infrastructure, and
looks at the major challenges and opportunities facing
Australia's infrastructure over the next 15 years and beyond.
More...
Community perceptions of Australia's
infrastructure
JWS Research; Infrastructure Australia: 13 August
2019
The aim of this research was to ascertain an understanding of
community sentiment relating to infrastructure and associated
sectors, as well as organisational perceptions and awareness
relating to Infrastructure Australia the organisation. More...
Practice and courts
Infrastructure Priority List - Call for
submissions
Infrastructure Australia is seeking submissions for the
next update of the Infrastructure Priority List
(IPL), which will be published in February 2020.
Submissions must be received before 31 August 2019.
More...
New South Wales
New South Wales Fair Trading: Security of Payment laws
start soon
The Building
and Construction Industry Security of Payment Amendment Act
2018 (the Amendment Act) and the Building
and Construction Industry Security of Payment Amendment Regulation
2019 (the amending Regulation) will commence on 21 October
2019.
More...
Queensland
Building Queensland Infrastructure Pipeline Report
The report is presented in two parts. Part 1
–proposals that are unfunded for delivery with a minimum
capital cost of $50 million. These are the proposals Building
Queensland recommends are further analysed, or are ready for
consideration by government. Part 2 – Funded Proposals
provides information on the detailed business cases Building
Queensland is leading that have funding commitments for delivery
from the Queensland Government. View the
Infrastructure Pipeline Report 2019 (21 August 2019).
Cases
Grocon Constructors (Vic) Pty Ltd v Dexus Funds Management
Limited as Trustee for the Dexus 480Q Trust (No 2)
[2019] FCA 1283
PRACTICE AND PROCEDURE – appeals – application
for leave to appeal from decision of single judge of the Court
– consideration of interlocutory nature of decision not to
set aside statutory demand – whether the decision of primary
judge was attended by sufficient doubt to warrant reconsideration
by Full Court – whether substantial injustice would result if
leave were refused, supposing the primary judge's decision to
be wrong
CORPORATIONS – appeal from decision not to set aside
statutory demand – whether statutory demand should have been
set aside rather than varied – whether statutory demand
should be set aside on basis that it was issued for a collateral
and improper purpose – whether statutory demand was issued as
a means of testing solvency of the company – whether testing
solvency is a proper use of the statutory demand procedure
Held: Leave to appeal granted
New South Wales
Hurford Hardwood Kempsey Pty Ltd v Kempsey Timbers
(Sawmilling) Pty Ltd [2019] NSWSC
1069
CONTRACTS – breach of contract – consequences
of breach – right to damages – contract for sale of
timber mill – warranty about volume of unprocessed stock
– provision for adjustment of purchase price if volume less
than warranted – whether contract varied to postpone date on
which such adjustment to be made – what volume of unprocessed
stock was present – purchaser to assume liability for long
service leave entitlements of mill employees – asserted
understatement of those liabilities – whether vendor agreed
to account for the difference – agreement that vendor had
access to information on server at the mill after completion
– where effective access to that server denied for a week
– whether vendor thereby suffered damage
BH Australia Constructions Pty Ltd v
Kapeller [2019] NSWSC
1086
CONTRACT – wholly written contract – dispute
as to identity of builder to perform residential building –
whether regard may be had to post-contractual conduct – where
contract identified one company as builder but gave another
company's licence and insurance details – parties taken
to have agreed to a contract which was lawful and enforceable.
Harris for and on behalf of the estate of Harris and
Harris v Rapisarda [2019] NSWSC
1088
ESTOPPEL – Anshun estoppel – where proprietors
commenced earlier proceedings against builder alleging defective
workmanship – where defendant architects prepared the
building contract and supervised builder's work but were not
joined in earlier proceedings – where earlier proceedings
referred out and referee's report adopted – where
proprietors do not in these proceedings seek findings inconsistent
with those of referee in earlier proceedings – whether
unreasonable for proprietors not to have joined architects in the
earlier proceedings so that they are now estopped from bringing
these proceedings CIVIL PROCEDURE – pleadings –
striking out – abuse of process
Queensland
Sanrus Pty Ltd & Ors v Monto Coal 2 Pty Ltd &
Ors [2019] QCA 160
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES
– INTERFERENCE WITH DISCRETION OF COURT BELOW –
PARTICULAR CASES – CONTROL OVER PROCEEDINGS – ADMISSION
OF EVIDENCE – where the appeal concerns a decision made
during the course of a long, complex and ongoing trial –
where the appellants as plaintiffs sought, but failed to obtain,
leave from the trial judge to adduce new expert evidence –
where the trial 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 the exploitation of a coal deposit – where a
pre-trial case management regime imposed deadlines on the parties
for filing and serving expert reports, and on experts from each
side to attend joint conclaves – where that regime did not
provide the appellants a right to submit expert evidence in reply
but did provide them an opportunity to contest the respondents'
expert evidence through the provision of joint reports resulting
from joint conclaves of experts – where the evidence sought
to be adduced rebuts evidence from two of the respondents'
experts and does not reveal any new case – where the
appellants' prosecution of the case has warranted strong
criticism – whether the trial judge's assessment of the
relevant likely prejudice to the respondents was incorrect in
principle – whether the trial judge erred by not granting
leave to rely on additional expert evidence at trial –
whether the Court of Appeal should re-exercise the discretion by
allowing the appellants to tender the additional expert
evidence
Victoria
Re Eliana Construction and Developing Group Pty Ltd (No 2) [2019]
VSC 546
CORPORATIONS – Appeal from decision of associate
justice finding that payment of debt by an associated company of
the debtor to the creditor constituted an unfair preference payment
to the creditor – Consideration of circumstances where a debt
of company A paid by company B constitutes a preference payment
received by the creditor – Consideration of what constitutes
a payment made by or received from the debtor – Consideration
of whether creditor received payment in good faith – Held no
unfair preference – Held good faith defence established
– Appeal allowed – Sections 9, 588FA, 588FE, 588FF and
588FG of the Corporations Act 2001 (Cth) – Re
Evolvebuilt Pty Ltd [2017] NSWSC 901 applied.
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.
