In the media
Project to offset gas pipeline damage 'years behind
schedule'
A plan to deliver landmark conservation work to protect
marine megafauna and offset environmental damage caused by the $34
billion Ichthys-INPEX gas pipeline is years behind schedule (31
August 2018).
More...
Business investment and building approvals fall as
construction slowdown bites
Expectations of a rebound in capital expenditure
investment by the private sector are dashed again by
weaker-than-expected June quarter figures (30 August 2018).
More...
New South Wales and Victoria lead national
infrastructure league table
For the second year running NSW is leading the nation in
infrastructure investment, with Victoria moving to second place and
WA coming in last according to our 2018 Australian Infrastructure
Budget Monitor (28 August 2018).
More...
New South Wales
Desane loses legal battle for prime Sydney development
site
The long-running dispute between residential property
developer Desane and the New South Wales government is over, after
a Court of Appeal judgement handed down found in favour of the
Roads and Maritime Services authority. The Supreme Court judgement
in favour of Desane cast a cloud of uncertainty over government
acquisitions for major projects including the $16.8 billion
Westconnex (07 September 2018).
More...
Resources Regulator begins prosecution proceedings
against holders of Cowra mining lease
The NSW Department of Planning and Environment's
Resources Regulator has commenced prosecution proceedings against
the holders of mining lease ML1616, located approximately 18
kilometres west of Cowra, for failing to comply with a condition of
its mining authorisation (04 September 2018).
More...
Landmark WestConnex deal delivers a historic win for New
South Wales taxpayers
New South Wales taxpayers are once again reaping the
rewards of the Berejiklian Government's Asset Recycling
programme, securing a landmark $9.3 billion for the 51 per cent
divestment of Sydney Motorway Corporation (SMC)
(31 August 2018).
More...
Subcontractors working on $87b of infrastructure need
protection, commissioner says
"Unconscionable" practices of contractors using
subcontractors' payments for their own operations remain rife
in the building and construction sector, the New South Wales small
business commissioner says (29 August 2018).
More...
Sydney light rail: businesses join class action to sue
New South Wales Government for $40 million
More than 60 businesses have joined a class action seeking
around $40 million in compensation over disruption caused by
Sydney's light rail project. The Government has to date handed
out $9 million in rental assistance to affected businesses (28
August 2018).
More...
Queensland
Reforms strengthen high standards of Queensland's
building and construction industry
The Palaszczuk Government has passed new laws for plumbing
and gasfitting, delivering a safer Queensland (5 September 2018).
More...
Townsville Port expansion: supporting the powerhouse of
the North through City deal
The Morrison Government is investing in the future of
Townsville, funding an expansion of the city's port that will
create hundreds of jobs and increase trade opportunities for North
Queensland (4 September 2018).
More..
Palaszczuk Government welcomes Bill Shorten's roads
announcement
The Palaszczuk Government has welcomed the announcement
that a Shorten Labor Government will invest $500 million to deliver
a staged upgrade of Queensland's inland road network (1
September 2018).
More...
Victoria
Victoria – The nation's economic
powerhouse
Public investment lead growth for the June quarter, up 5.8
per cent is a direct reflection of the Andrews Labor
Government's significant infrastructure investment pipeline.
Government infrastructure investment will reach $13.7 billion in
2018-19, with a total of $78.9 billion in state capital projects
commencing or underway (05 September 2018).
More...
VBA wins right to appeal Federal Court decision on
Mutual Recognition application
The Victorian Building Authority has won the right in the
High Court of Australia to appeal a decision of the Federal Court
that overturned the Administrative Appeals Tribunal's decision
to permit character to be taken into account in relation to
applications for registration under the Mutual Recognition Act
1992 (Cth) (24 August 2018).
More...
Published - articles, papers, reports
Australian Infrastructure Budget Monitor
2018-19
IPA Major Report: 28 August 2018
The 2018-19 Australian Infrastructure Budget Monitor reaffirms
the two-economy divide in infrastructure across Australia. New
South Wales and Victoria, ranked first and second, have large
infrastructure funding commitments facilitated by strong fiscal
positions. Asset recycling continues to support growth, with both
states benefiting from selling their shares in Snowy Hydro to the
Commonwealth, among other asset divestments.
In practice and courts
ABCC E-Alert: Deadline for reporting payment disputes
and delays
Code covered contractors are reminded that from 1
September 2018, the ABCC will treat any failure to report disputed
or delayed payments as a breach of the Code. For further
information and to report any disputes or delays visit. More...
More...
New South Wales
BPB: Building and Development Certifiers Bill 2018
The Building and Development Certifiers Bill 2018
seeks to strengthen the certification system in NSW. Comments are
invited on the proposed Building and Development Certifiers Bill
2018 by 4 September 2018.
More...
Queensland
QBCC: Update to QBCC Regulation
The
Queensland Building and Construction Commission Regulation 2018
came into effect on 1 September 2018. The new regulation replaces
the Queensland Building and Construction Commission Regulation
2003, reflecting current drafting standards and removing obsolete
provisions (03 September 2018). More...
Victoria
VBA: Victorian building permit activity for July
2018
The VBA has released building permit activity data for
July 2018 (28 August 2018).
More...
Cases
Harris v Morabito Holdings Pty Limited [2018]
NSWSC 1353
Defendant to pay 80% of the plaintiff's costs assessed
on the ordinary basis. Plaintiffs to have interest on costs.
Parties to bring in draft orders.
COSTS – Home building dispute – owners awarded damages
of $400,000 against claim of $1.6 million – whether
commencement and continuation of proceedings in Supreme Court
warranted – matter must be judged prospectively –
whether costs should be reduced on account of either the conduct of
the owners' expert or proportion of success achieved –
where owners succeeded in each category of defects alleged but did
not persuade referee as to the consequent quantum – owners
were required to go to court to vindicate rights – hearing
was extended as a result of the inflated claim –
impossibility of scientifically assessing costs in these
circumstances – broad brush of justice indicates that owners
should have 80% of their costs.
COSTS – Application for indemnity costs – Calderbank
offer sent from owners to builder – offer sent at a time when
builder could not properly assess the offer – not
unreasonable for builder to reject offer.
Civil Procedure Act 2005 (NSW); Home Building Act
1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW)
Seirlis & Ors v Queensland Building and Construction
Commission [2018] QCAT
291
PROFESSIONS AND TRADES – BUILDERS – STATUTORY
INSURANCE SCHEME – Applications to review – claims
under statutory insurance scheme under QBSA Act for allegedly
defective building work – where subject properties sold prior
to determination of the claims – where insured a corporate
trustee for family trust holding rights of Insured on behalf the
trust – where Liquidator of Insured purports to assign
interests of the Insured to the Second Applicant – where
Third Applicant claims rights of insured as successor trustee in
the event that assignment to Second Applicant ineffective –
questions as to nature of the right of an Insured under statutory
policy of insurance and whether these rights now assignable as a
chose in action – whether rights of original Insured may be
passed as trust property to Third Applicant in circumstances where
insured property previously sold to a third party – questions
regarding the assessment of quantum on a claim under the statutory
policy if assessed on a theoretical basis where defects not
rectified prior to sale – issues relating to assessment of
claim calculated on the basis of loss in value upon a sale of the
impacted property – sufficiency of evidence in proof of
claim.
Midson Construction (Qld) Pty Ltd v Queensland Building and
Construction Commission [2018] QSC
199
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION
– PARTICULAR WORDS AND PHRASES – GENERALLY –
Where Midson Construction (NSW) Pty Ltd was placed into liquidation
– where Midson Construction (NSW) Pty Ltd had not at any
relevant time carried on construction or building services in
Queensland – where Midson Construction (Qld) Pty Ltd and
Midson Construction (NSW) Pty Ltd had one common director –
where a result of Midson Construction (NSW) going into liquidation
the first, second and third applicant were sent a Notice of Reasons
for a proposed cancellation of a builder's licence pursuant to
ss 56AF and 56AG of the Queensland Building and Construction
Commission Act 1991 (Qld) – whether Midson Construction
(NSW) Pty Ltd was a construction company within the meaning of s
56AC of the Queensland Building and Construction Commission Act
1991 (Qld).
STATUTES – ACTS OF PARLIAMENT – VALDITY OF LEGISLATION
GENERALLY – Where the applicants submit that a question
arises as to whether s 56AC of the Queensland Building and
Construction Commission Act 1991 (Qld) purports to regulate
conduct in another State which offends the proscription against
extraterritorial regulation – where the Attorney-General for
the State of Queensland submits that the Queensland Building
and Construction Commission Act 1991 (Qld) seeks to protect
Queensland consumers rather than purport to regulate building work
in any other State – whether s 56AC of the Queensland
Building and Construction Commission Act 1991 (Qld) is
constitutionally invalid.
STATUTES – ACTS OF PARLIAMENT – STATUTORY POWERS AND
DUTIES – EXERCISE – DELEGATION OF POWER CONFERRED BY
ACT – Where the applicants contend that the purported
delegation to the third respondent is ineffective as it is not in
accordance with s 115A of the Queensland Building and
Construction Commission Act 1991 (Qld) – whether the
appropriate delegations have been made.
Pegasus Building Pty Ltd v Curlis; Laghaien v
Curlis [2018] VSC 484
BUILDING AND PLANNING – Appeal from Magistrates'
Court – builder found guilty of undertaking building works
beyond scope of building and planning permits – whether
building and planning permits impliedly authorised works –
works claimed to be necessary for structural integrity –
interpretation of permits – implied authority –
Building Act 1993 s 61 – Planning and
Environment Act 1987 s 126(1).
Legislation
Queensland
Subordinate legislation as made – 31 August
2018
No 138
Queensland Building and Construction Commission Regulation
2018
This regulation commences on 1 September 2018
Reminder:
Building and Other Legislation (Cladding) Amendment
Regulation 2018 (Qld)
The Regulation is made under the Building Act
1975, and the State Penalties Enforcement Act 1999.
The policy objectives of the Regulation are to determine the extent
of the use of potentially combustible cladding on existing private
buildings in Queensland and raise awareness with building owners of
the risks associated with potentially combustible cladding. The
Regulation commences on 1 October 2018 .
Victoria
Legislative Council second reading – 24 August
2018
Building Amendment (Registration of Building Trades and
Other Matters) Bill
Victorian legislation is available here.
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.