In the media
Stable population growth will support building
activity
Stable population growth is a welcome development for the
residential building industry as it will support the industry as it
recalibrates to a new equilibrium level, states the HIA's
Economist (19 September 2019).
More...
World-first green concrete trial
The City of Sydney is trialling the world's first
'green' road on a major high-volume traffic road leading to
Sydney Airport, with the concrete made from industrial by-products
of coal-fired power stations and co-products from the steel
industry (18 September 2019).
More...
Two Australian airports receive highest score worldwide
for sustainability
The APAC has been recognised for its commitment to
sustainability, with the highest global score for an airport
awarded to the Corporation by the 2019 GRESB Infrastructure
Assessment. Melbourne and Launceston Airports, both run by APAC,
landed an overall score of 88 out of 100 – the highest score
awarded to an airport worldwide (13 September 2019).
More...
Sensible and evidence based: Infrastructure Australia
audit
The release of the 2019 Australian Infrastructure Audit
provides a solid foundation and evidence base for decision makers
to help ensure the benefits of infrastructure can be shared right
across the nation, says industry think tank Infrastructure
Partnerships Australia (13 September 2019).
More...
Multimillion Pitt Street metro station contract
awarded
The NSW Government has awarded contracts to a consortium
of Oxford Properties, CPB Contractors and Grocon to deliver the new
station and two new buildings above to form a vibrant new
commercial and residential hub around Pitt and Bathurst Streets (18
September 2019).
More...
Queensland
Tradie Register to protect homeowners rebuilding after
bushfires
Premier Annastacia Palaszczuk has urged home and property
owners affected by bushfires to protect themselves and their family
during rebuilding works by using a licensed contractor (19
September 2019).
More...
Queensland cracks down on asbestos work
In the past 12 months, WHSQ has cancelled five asbestos
removal licences and suspended three others over unsafe and
incompetent asbestos removal. Another eight licence holders are
currently being assessed. The crackdown is ongoing, with a
specialist asbestos team enforcing compliance with state laws (10
September 2019).
More...
Victoria
Nearly 500,000 jobs created In Victoria
Australian Bureau of Statistics data released shows 20,300
jobs were created in Victoria in August – more than in any
other state in the nation. It shows Victoria's Big Build is
continuing to drive construction and support our economy, while
delivering the important infrastructure projects that will benefit
generations of Victorians (19 September 2019).
More...
VBA determined to fight fire engineer's attempt to
avoid disciplinary action
The Victorian Building Authority is opposing a registered
fire engineer's attempt to halt the disciplinary process
against him for cladding-related matters. The Victorian Building
Authority is unapologetic for pursuing a disciplinary process
against the fire engineer who worked on a Melbourne apartment that
caught fire in February 2019 (18 September 2019).
More...
Lack of extractive construction materials challenges
planned projects
With Victoria's fast-growing population, the race is
on to deliver affordable infrastructure and skilled labour within
the civil construction sector. Key to this is the maintenance of a
robust and efficient supply chain of extractive construction
materials (11 September 2019).
More...
Premier warns of 'deadly outcomes' in cladding
crisis blame game
Premier Daniel Andrews has warned that lives could be lost
unless the state and federal governments work together to resolve
the cladding crisis. Mr Andrews said the federal government must
also play its role, particularly in relation to importation,
customs, labelling and product safety issues (08 September 2019).
More...
Published
Infrastructure choices: Evaluation and politics
John Daley; Grattan Institute: 12 September 2019
This presentation demonstrates that elections are increasingly
about big transport infrastructure 'announceables.' But
these election promises are usually driven by politics more than
evidence. They don't show much influence from the advice of
independent expert bodies, and are often made well before business
cases have been completed, let alone publicly released. More...
In practice and courts
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...
BPB releases summary of key audit findings for
2019
The Building Professionals Board has released a summary of
key findings so far from its 2019 program of certifier audits. Read
more about the audit program, including the objectives and
summary of findings. As audits continue, more findings will be
added (August 2019).
Queensland
QBCC unites with the ATO and ASIC to highlight illegal
phoenixing
QBCC, the Australian Taxation Office
(ATO) and ASIC have joined forces in an
educational offensive against illegal phoenixing in the building
industry, with a series of free road shows for building industry
members across the State. Seminar information, including
registration details, is available from the
QBCC website.
Victoria
Better Apartments in Neighbourhoods: Public
Consultation
DELWP is seeking feedback on the Better Apartments in
Neighbourhoods Discussion Paper. The paper proposes changes to the
Better Apartments Design Standards, focused on improving the
relationship between new apartment developments and the amenity of
existing neighbourhoods. Click
here to have your say on changes to the planning rules for
apartment developments. Submissions are due by 27 September
2019.
Cases
Queensland
CCIG (Australia) Pty Ltd v Amicus Hospitality Group Pty
Ltd [2019] QSC 232
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – THE CONTRACT – CONSTRUCTION OF PARTICULAR
CONTRACTS AND IMPLIED CONDITIONS – SECURITY AND RETENTION
FUNDS – where the contract incorporated the Australian
Standard General Conditions of Contract (AS2124-1992) as amended by
Annexure Part B to the general conditions – where clauses 5.2
and 5.3 of the general conditions required the contractor to
provide two unconditional bank guarantees each for 2.5% of the
contract sum – where the bank guarantees that were provided
each had an expiry date – where the second guarantee expired
after the date of practical completion but before the date on which
the principal is bound to release any security then held by the
principal – whether the principal is entitled to demand the
contractor provide a bank guarantee to replace the expired bank
guarantee – whether the principal had impliedly approved the
form of the bank guarantees with expiry dates.
Melaleuca View Pty Ltd v Sutton Constructions Pty Ltd &
Ors [2019] QSC 226
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – REMUNERATION – STATUTORY REGULATION OF
ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS –
ADJUDICATION OF PAYMENT CLAIMS – where the applicant and
first respondent entered into a contract for construction of
townhouses - where the first respondent sent emails attaching
invoices to the applicant on the 5th and 15th of February 2019
– where the applicant then sent an email to the first
respondent in response to matters raised in the email of 15
February 2019 – where the adjudicator on application of the
first respondent subsequently determined the applicant had not
provided a payment schedule pursuant to s 69 of the Building
Industry Fairness (Security of Payment) Act 2017 (Qld) and the
first respondent was entitled to payment of an adjudicated amount
by the applicant - where the applicant seeks to challenge by way of
certiorari the decision of the adjudicator - whether the
adjudicator made a jurisdictional error in finding that the
applicant had failed to provide a payment schedule – whether
there was jurisdictional error because the two payment claims
served by the first respondent were invalid.
Building and Construction Industry Payments Act 2004 Qld s
17; Building Industry Fairness (Security of Payment) Act
2017 Qld s 68, s 69, s 70, s 75.
Cherwell Creek Coal Pty Ltd v BHP Queensland Coal
Investments Pty Ltd & Ors (No 20) [2019]
QLC 37
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – DISCOVERY AND INTERROGATORIES – DISCOVERY AND
INSPECTION OF DOCUMENTS – PRODUCTION AND INSPECTION OF
DOCUMENTS – GENERAL MATTERS – DOCUMENTS IN POSSESSION
OF NON-PARTY – where the respondents applied to lift the stay
of 10 notices of non-party disclosure – where the principle
ground of objection to the notices was relevance – where the
applicant had indicated it would refine its pleadings once all
joint expert reports were filed – where the applications were
adjourned with no order as to costs until the pleadings are
revised.
Uniform Civil Procedure Rules 1999 Qld r 242(1)(a)
National Management Group Pty Ltd v Biriel Industries Pty
Ltd trading as Master Steel & Ors [2019]
QSC 219
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – OTHER MATTERS – where the applicant seeks
to set aside two adjudication decisions made under the Building
Industry Fairness (Security of Payment) Act 2017 (Qld)
("the Act") on the basis of jurisdictional error –
where, for one of the adjudication decisions, there were two
payment claims issued with the same reference date – whether
there was a valid payment claim – whether the adjudicator had
jurisdiction to determine that adjudication application.
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– OTHER MATTERS – whether the adjudication applications
were served in accordance with section 79(3) of the Act –
whether, in any event, substantial compliance with section 79(3) of
the Act would satisfy the service requirement.
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– OTHER MATTERS – whether an adjudication application
document referring to the project name, the reference date and the
amount due is enough to identify the payment claim pursuant to
section 79(2)(c) of the Act.
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– OTHER MATTERS – where the applicant submits that the
adjudicator failed to provide the applicant with natural justice by
refusing to accept submissions about jurisdiction – whether
there was any practical injustice or substantial breach of natural
justice that warrants setting aside the adjudicator's
determination.
Building Industry Fairness (Security of Payment) Act 2017
Qld ss 67, 75, 76, 77, 78, 79, 82(2), 84(2), 210
Building and Construction Industry Payments Act 2004 Qld
ss 20A, 21(5)
Niclin Constructions Pty Ltd v SHA Premier Constructions
Pty Ltd & Anor [2019] QCA
177
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – REMUNERATION – STATUTORY REGULATION OF
ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – OTHER
MATTERS – where the appellant failed to serve the respondent
with its adjudication applications until 12 business days after the
applications were lodged – where the adjudicator concluded he
did not have jurisdiction to decide the applications because there
had not been effective service in accordance with s 21(5) of the
Building and Construction Industry Payments Act 2004 (Qld)
– where the appellant sought a declaration that the decisions
of the adjudicator were void – where the primary judge found
that compliance with s 21(5) is required for a valid adjudication
decision – where s 21(5) contains no express timeframe for
service – where the primary judge applied s 38(4) of the Acts
Interpretation Act 1954 (Qld) and found service must occur
"as soon as possible" after lodging an application
– where the appellant submits that the primary judge erred in
in applying s 38(4) and in finding that 12 business days was not as
soon as possible – whether service of an adjudication
application as soon as possible after it is made is necessary to
confer jurisdiction on an adjudicator – whether service of an
adjudicator's application twelve business days after the
adjudication application was "as soon as possible".
Acts Interpretation Act 1954 Qld s 38(4); Building and
Construction Industry Payments Act 2004 Qld s 21(5), s
21(6)
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.