In the media
CFMMEU fined $313,000 and ordered to take out
advertisement for threatening to "smash"
contractors
The Federal Court has ordered the CFMMEU and seven of its
officers to pay penalties totalling $313,000 for their unlawful
conduct against a number of concreting companies at construction
sites in Sydney in 2014 and 2015 (18 October 2018).
More...
New report shows need for greater transport
infrastructure investment
The Australian Automobile Association has released the
country's first congestion benchmarking report which has shown
a need for greater investment in transport infrastructure. The Road
Congestion in Australia report uses mapping and location data to
monitor and benchmark road congestion in all capital cities,
revealing that average speeds have slowed by up to eight per cent
since January 2013 (16 October 2018).
More...
New South Wales
$20m in compensation to be paid to losing WestConnex
bidder
The loser of the tender to build an underground motorway
junction in Sydney's inner west as a part of WestConnex will
receive up to $20 million in compensation from New South Wales
taxpayers (17 October 2018).
More...
Sydney's transport planning fundamentally
flawed
Referring to a number of projects currently underway,
including Westconnex, the Metro Northwest and CBD and South East
Light Rail projects, John Austen, a transport specialist, claims
that planners are either ignoring or are ignorant of the basic
principles of transport planning (16 October 2018).
More...
Queensland
$600 million Works for Queensland program supports
12,000 regional jobs
The Palaszczuk Government's $600 million Works for
Queensland program is supporting 12,152 jobs and delivering
important new infrastructure in regional Queensland (17 October
2018).
More...
Central Queensland building company goes into
administration
Devastated tradesmen are told they no longer have jobs at
a major central Queensland builder. Sub-contractors say they never
expect to be paid money owed (17 October 2018).
More...
QBCC to commence industry ban action against John
Murphy; suspends JM Kelly building licences
The QBCC has begun action to exclude company director
John Murphy from the building industry, after related entities
entered administration. QBCC Commissioner, Brett Bassett, said the
QBCC had started exclusion action against Mr Murphy in 2016,
following the liquidation of another company (17 October 2018).
More...
Victoria
AECOM secures AU$70 million lead designer role to
deliver Melbourne's Metro Tunnel Project
AECOM, a premier, fully integrated global infrastructure
firm, will provide the full range of design services as part of the
Rail Infrastructure Alliance which signed a contract with the
Victorian Government worth approximately AU$1 billion (18 October
2018).
More...
Construction tender awarded for Ballarat GovHub
The Victorian Government has awarded the tender for the
construction of the $100 million GovHub in Ballarat (16 October
2018).
More...
Published - articles, papers, reports
ABCC Industry update September - October
2018
Industry update is our bi-monthly online newsletter. It
provides updates on the latest activities of the ABCC, industry
trends, and emerging issues (09 October 2018).
In practice and courts
Victoria
VBA: Builder insolvency - Information
sheet
Do you know what to do if your builder becomes insolvent while
building or renovating your home? The VBA has published a
step-by-step guide for consumers to help them navigate this
challenging and stressful situation (19 October 2018).
New South Wales
BPB: Options to improve and strengthen certifier
independence
Public consultation on the Options Paper –
'Improving Certifier Independence' is open until 30 October
2018. The options paper is seeking feedback on three methods for
appointing certifiers that will increase certifier independence.
New South Wales consumers can check the register of accredited
certifiers through the BPB website.
More...
New dates for Environmental Planning & Assessment
Act Updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act updates.
Changes affect new provisions for
building and subdivision certification,
Local Strategic Planning Statements for councils in the Greater
Sydney Region and
Community Participation Plans. While most of the changes will
commence on 1 March 2018, there will be a number of other changes
that will involve further design and consultation from mid to late
2018 outlined here.
Queensland
MBQ: New plumbing framework for Queensland
The new Plumbing and Drainage Act 2018 is now in
force. The Act replaces the Plumbing and Drainage Act 2002
and establishes a new legislative framework for plumbing and
drainage in Queensland (19 October 2018).
More...
Cases
Australia Avenue Developments Pty Ltd v Icon Co (NSW)
Pty Ltd [2018] NSWSC 1578
BUILDING AND CONSTRUCTION – Building and
Construction Industry Security of Payment Act 1999 (NSW)
("SOP Act") – payment claims
– validity of payment claim – supporting statement
under SOP Act, s 13(7) and (9) – whether validity of payment
claim requires that the supporting statement be "made" on
the same day as the payment claim – whether validity of
payment claim requires that the supporting statement declare that
all subcontractors have been paid up to the date on which the
payment claim is "served".
BUILDING AND CONSTRUCTION – Building and Construction
Industry Security of Payment Act 1999 (NSW) ("SOP
Act") – adjudication of payment claims –
scope and parameter of payment claim – allowances made by
adjudicator that were not raised in the payment claim –
whether the adjudicator erred in making allowances not raised in
payment claim – whether the adjudicator exceeded their
jurisdiction in making allowances.
Cenric Group v TWT Property Group
[2018] NSWSC 1570
CONTRACT – Where parties entered into various
contractual arrangements to harvest sandstone – which party
is entitled to share in royalties from that harvesting – on
what terms must the royalties be paid – when must payment of
royalties be made. CONTRACT – whether an oral agreement or
variation was made – enforceability and effect of that
variation – whether contracts validly terminated –
construction of the terms of contracts and subcontracts –
importance of not using a hindsight view of commerciality to
disregard the terms of the contract. BUILDING AND CONSTRUCTION
– where milestone dates were missed – liquidated
damages – application of prevention principle prevents award
of such damages.
Cragcorp Pty Ltd v Qld Civil Engineering Pty Ltd &
Ors [2018] QSC 203
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – OTHER MATTERS – Where the applicant seeks a
declaration that the adjudication application of the first
respondent to the third respondent is void, either in whole or in
part - where the applicant seeks a declaration that the
adjudication decision of the second respondent pursuant to the
Building and Construction Industry Payments Act 2004 (Qld)
is void, either in whole or in part – where the applicant
seeks a declaration that the payment claim made by the first
respondent to the applicant is void or is of no effect for the
operation of the Building and Construction Industry Payments
Act 2004 (Qld) – where the second respondent was engaged
by the applicant as a subcontractor for a construction project
– where the second respondent lodged a payment claim that was
subsequently disputed by the applicant – where the applicant
argues that the Adjudication Decision is affected by jurisdictional
error – whether the decision was affected by jurisdictional
error – whether the adjudicator failed to perform the
statutory task of valuation – whether the adjudicator denied
the applicant natural justice and failed to give proper written
reasons.
Bourne v Queensland Building and Construction
Commission [2018] QSC 231
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
REVIEWABLE DECISIONS AND CONDUCT – DECISIONS TO WHICH
JUDICIAL REVIEW LEGISLATION APPLIES – GENERALLY – Where
the respondent paid money to a former client of the applicant's
company pursuant to a statutory insurance scheme – where the
applicant owed that money as a debt to the respondent – where
the respondent commenced proceedings to recover that debt –
where the applicant sought judicial review of the respondent's
decision to commence those proceedings – where the respondent
brought an application to have the applicant's judicial review
application dismissed pursuant to s 48 of the Judicial Review
Act 1991 (Qld) – whether the decision to commence
proceedings was judicially reviewable – whether the decision
to commence proceedings was of an administrative character made
under an enactment.
Cheshire Contractors Pty Lt v Everett
[2018] QSC 228
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH –
REPUDIATION AND NON-PERFORMANCE – where there was an oral
contract for works – where full payment for works was not
made – where there were complaints of non-compliance of works
performed – where there were complaints of other breaches of
implied terms – whether the works were compliant –
whether there were remedial works required – whether there
was loss or damage occasioned.
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – where there was an oral contract for
the commencement of works – where there were two phases to
the works involved – where phase one was a work for pay
engagement – where phase two had no substantive pay
arrangement – where payment was to be by reference to hourly
rates for phase two – where there existed a promise to delay
the seeking of payment – whether that promise amounted to a
promissory estoppel.
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS
– where there were two phases to the works involved –
where there existed an oral contract for phase one works –
whether a further oral contract, joint venture or new contract
existed for further works – where there were works completed
after payment in full was not received for phase one and other
works completed– whether there existed any agreement for
payment for the further works.
Legislation
Bills
National
Housing Finance and Investment Corporation Amendment Bill
2018
18/10/2018 - The National Housing Finance and Investment
Corporation Amendment Bill 2018 (the Bill) amends the National
Housing Finance and Investment Corporation Act 2018 (the
NHFIC Act) to establish a $1 billion special account to
support the National Housing Finance and Investment Corporation
(NHFIC).
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.
