Investors not feeling the heat on climate
A majority of survey participants in the Global Construction Survey stated that although investors express interest in reliance-related factors (e.g. adapted to climate change or able to adapt to disruptive technology), underlying decisions are still based on more traditional cost matters (09 May 2019). More...
Federal court ups penalty for company paying strike
The Federal Court has increased a penalty awarded against building company J Hutchinson Pty Ltd from $1,200 to $20,000. The ABCC filed an appeal from the Federal Circuit Court's original decision on the basis the penalty was manifestly inadequate (08 May 2019). More...
New South Wales
$200 million infrastructure funding for Sydney
The City of Sydney is set to spend almost $200 million in the next financial year on major infrastructure projects across multiple communities. The funding is part of a $1.6 billion 10-year budget for capital works that builds major community infrastructure, increases open space and reduces carbon pollution in Sydney communities (17 May 2019). More...
Philip Thalis on Sydney's future: Public treasures
or throwaway junk buildings
Now renowned architect and City of Sydney councillor Philip Thalis has waded into the fray with a searing look at what will happen to public Sydney under the current regime of how it treats its built environment (14 May 2019). More...
Proposed Gold Coast cruise ship terminal grows in size,
and possibly cost
Questions are raised about the financial viability of the Gold Coast's proposed $450 million cruise ship terminal, after a report shows the project would need to be much larger than planned for (07 May 2019). More...
Apartment developer fined $80,000 for unsafe
A residential apartment developer has been fined $80,000 after WorkSafe inspectors detected multiple safety breaches at two construction sites in Melbourne's eastern suburbs (15 May 2019). More...
The business case for social housing as
Todd Denham, Jago Dodson, Julie Lawson
Australian Housing and Urban Research Institute: 15 May 2019
This research investigated frameworks for funding social housing as infrastructure, including cost-benefit analysis and alternatives such as 'avoided cost' and 'housing adjusted life years', to develop stronger analytical methods. More...
Practice and courts
ABCB advice: ACT adoption of NCC 2019 deferred to 1 June
The ACT Government has advised that the adoption of NCC 2019 will be deferred in the ACT to 1 June 2019 (08 May 2019). More...
QMBA: QBCC Standards and Tolerances Guide 2019
Master Builders, through consultation with the Queensland Building and Construction Commission (QBCC), has completed a review of the QBCC Standards and Tolerances Guide (17 May 2019). More...
Safer Buildings: Map shows concentration of audited
buildings across Queensland
The QBCC has released a map highlighting the concentration of buildings being audited for combustible cladding in Queensland. The QBCC blog has a guide to help buildings owners locate the right building industry professional to meet the requirements of Part 2 of the Safer Buildings combustible cladding checklist. More...
YTO Construction Pty Ltd v
Innovative Civil Pty Ltd  NSWCA
CIVIL PROCEDURE - Pleadings - Fraud - Appellant alleged judgment founded on adjudication certificate under Building and Construction Industry Security of Payment Act 1999 (NSW) procured by fraud - Substance of fraud allegation not dealt with at first instance due to finding of deficient pleading - Whether fraud sufficiently pleaded - Whether appellant departed from its pleaded case - Whether primary judge erred in dismissing claim without addressing substance of case - Proceedings remitted to Equity Division for further hearing or redetermination.
Geneville Constructions Pty
Ltd v Leslight (No 2)  NSWDC 172
BUILDING AND CONSTRUCTION - absence of a formal detailed written contract between the parties - terms of alleged contract - extensive factual dispute between main witnesses on numerous issues - entitlement of plaintiff to recover under alleged contract - alternative claim for quantum meruit - extent of any entitlement of plaintiff to recover compensation - claim by the defendant client for damages for alleged defects, delays and other losses. Evidence Act 1995 (NSW), section 161; Home Building Act 1989 (NSW), sections 7, 7A and 10; Uniform Civil Procedure Rules 2005.
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.