In the media
Cranes popping up across the country as construction
picks up
Sustained demand for high-quality commercial projects in
Sydney and Melbourne has seen construction activity pick up across
major city markets (30 October 2019).
More...
$165 billion in sustainable infrastructure underscores
an unmissable opportunity
A project database of $165 billion underscores the
"unmissable opportunity" for sustainable infrastructure
to enhance productivity and quality of life while reducing
environmental impact, says the Infrastructure Sustainability
Council of Australia (ISCA) (30 October 2019).
More...
Builders call on Senate to pass Ensuring Integrity
Laws
The Senate should pass the Ensuring Integrity Bill
following its endorsement by the Senate Committee Inquiry, CEO of
Master Builders Australia said. The Ensuring Integrity Laws will
see a comprehensive set of laws that will ensure all Registered
Organisations, both employer organisations and unions, play by the
rules (25 October 2019).
More...
BDAV: Proactive regulatory enforcement will rebuild the
construction industry
Good regulatory enforcement is essential to building
quality, and a good construction specification is essential for
protecting the owners and users of buildings, as well as building
designers (21 October 2019).
More...
Victoria
Government intensifies crackdown on dodgy
developers
The Victorian government has vowed to crackdown on
developers and builders engaging in illegal phoenix activity as
part of a suite of protections for building and apartment owners.
In a bill introduced to Parliament, the Andrews' government
will expand the powers of the Victorian Building Authority (29
October 2019).
More...
Fewer Delays, Better Scrutiny in Planning and
Building
Up to $600 million economic growth could be created across
the Victorian economy each year through more efficient approvals in
the state's planning and building systems, according to a
discussion paper from Better Regulation Victoria (24 October 2019).
More...
Victoria's big build showcased in China
Victoria's massive pipeline of infrastructure projects
has been showcased to major Chinese construction companies and
investors, as part of Premier Daniel Andrews sixth official visit
to China (23 October 2019).
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New South Wales
Federal Government must contribute to Sydney Metro
Network
The Federal Government's main role in supporting
Australia's growing cities should be to help fund new metro
rail networks, says the Urban Taskforce. The big game changer in
Australia's cities as they grow is to move away from car
dependency towards a 'turn up and go' metro rail system
with urban density built around the stations (29 October 2019).
More...
Sydney's high-rise site sales tumble
Sales of residential development sites in Sydney plummeted
in the 2019 financial year, dampened by funding difficulties,
weakened demand, and construction issues, according to Knight
Frank's latest Australian Residential Development Review (25
October 2019).
More...
Sydney will never have a world-class public transport
system, leading urban planning strategist says
A leading international transportation strategist says
Sydney can never have a world-class public transport system,
despite the NSW Government's record investment in major
projects (24 October 2019).
More...
Queensland
$481 million Edmonton to Gordonvale works contract
awarded
The single biggest road project for Far North Queensland
is another step closer with the construction contract for the Bruce
Highway – Cairns Southern Access Corridor – Stage 3:
Edmonton to Gordonvale project awarded (25 October 2019).
More...
Operation Safeguard uncovers non-compliance
Operation Safeguard, a multi-agency blitz on Gold Coast
construction sites, uncovered various non-compliance issues over
two days in June. The QBCC's Plumbing Investigators discovered
unsupervised and unlicensed work and non-compliant plumbing work
involving the installation of temporary buildings (25 October
2019).
More...
"A giant leap forward for solving M1
congestion" State Government starts work on second M1
Queensland Premier Annastacia Palaszczuk has today
confirmed that consultation for stage one of the 'Coomera
Connector' will begin next month, with the road promising to
provide relief for the hundreds of thousands of motorists stuck in
gridlock between Brisbane and the Gold Coast daily (24 October
2019).
More...
Published
Recycling and resource recovery infrastructure
Infrastructure Victoria: 21 October 2019
Infrastructure Victoria has released its early findings for public
comment in developing advice to government on how Victoria can
build a better recycling and resource recovery industry. This paper
outlines the options that are available. More...
Right time, right place, right price: a practical plan
for congestion charging in Sydney and Melbourne
Marion Terrill, Greg Moran, James Ha; Grattan Institute:
20 October 2019
Grattan report, Why it's time for congestion charging, argued
that congestion charging is the most effective way to make
Australia's capital cities work better. This new report lays
out a detailed, feasible, and fair congestion-charging scheme for
Australia's two biggest cities. More...
Practice and courts
Cladding Guideline
In early 2018, the Building Ministers Forum asked
Standards Australia to develop the system. Standards Australia has
developed a permanent labelling system of aluminium composite
panelproducts to support the identification of these products
throughout their life-cycle. The new guideline can be purchased
from the
Standards Australia website. (October 2019)
Victoria
Planning and Building Approvals Process Review
discussion paper
The paper examines planning and building delays and
bottlenecks to identify how the systems can be improved. The report
considers challenges caused by a shortage of building surveyors and
other building practitioners as well as the overlap between the
planning and building regulatory regimes. Consultation for the
discussion paper closes on 15 November 2019. View the paper at hereand the
response form is available here.
Queensland
QBCC: Access codes and standards online
There are a number of online resources which give you
access to national codes and standards.
The Australian Building Codes
Board (ABCB) website contain information about the WaterMark
Certification Scheme and a library which provides access to the
Plumbing Code of Australia resources. The
NCC Tutor is an ABCB licensed product that provides an overview
of the NCC volume three as well as worked examples of applying
volume three. The
Cross-connection control handbook provides guidance on
cross-connection control requirements in NCC volume three (25
October 2019).
More...
Cases
Stepanoski v Aslan (No 3) [2019]
NSWSC 1445
CONTRACTS – extent to which defendant has been
overpaid for work that had been completed before the Lump Sum
Contract was terminated – whether the Lump Sum Contract was
wrongly terminated by the plaintiffs or whether it was repudiated
by the defendant.
DAMAGES – quantification of damages to which the plaintiffs
or defendant would be entitled – differences in opinion
evidence of expert witnesses – resolving differences without
detailed cross-examination.
Construction certificate for the Works under the Lump Sum Contract
- by cl 9 of the Lump Sum Contract, Mr Aslan warranted that the
work would be performed in a proper and workmanlike manner, and in
accordance with the plans and specifications set out, and that all
materials supplied by him would be good and suitable for the
purpose for which they were used
Queensland
Chapel of Angels Pty Ltd v Hennessy Building Pty Ltd &
Anor [2019] QCA
229
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND
– STAY OF ORDERS – where the parties fell into dispute
about various aspects of a building contract between them –
where proceedings in the District Court resulted in orders being
made which included the payment of the respondents' costs of
the proceedings – where the applicant has brought an
application for the stay of an order for the applicant to pay 75
per cent of the respondents' costs of the proceedings,
including reserved costs, to be assessed on the standard basis for
costs incurred up to 23 May 2018 and thereafter on the indemnity
basis – whether the appeal has a reasonable chance of success
– whether the allowing of a stay would be prejudicial to
either of the parties if granted
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.