In the media
What we know about the Mascot Towers cracks
Hundreds of residents had to find alternative
accommodation with friends and family or pay for hotels and it is
not known when they will be able to return (15 June 2019).
More...
MBA national survey results show need to fast track
project pipeline
The results of the latest Master Builders Australia's
National Survey of Building & Construction show that
Australia's builders are feeling the chill from the weaker
conditions now facing the industry, commented MBA Chief Economist
Shane Garrett (12 June 2019).
More...
GBCA: Building a sustainable future: a new era of green
infrastructure
As industry, markets and governments respond to global
climate change agreements, how we deliver a more sustainable
economy is a necessary and increasing focus of industry, the public
and governments (11 June 2019).
More...
How Hansen Yuncken is disrupting the Australian
construction sector
As one of Australia's leading privately owned
construction companies, Hansen Yuncken is at the forefront of
change and innovation in the building industry (07 June 2019).
More...
How construction will look in 2030: Better standards,
off-site construction, more wood
The Australian construction industry needs to radically
shake up its approach to construction to help save the environment,
experts say (05 June 2019).
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New South Wales
Residents of Sydney high-rise unsure when they can
return after 'cracks'
Engineers Australia said cracks appearing in a unit
complex in Sydney is further evidence that changes are needed in
the building and construction sector (15 June 2019).
More...
Tzannes and Lendlease reveals new engineered timber
building for UNSW
The University of New South Wales (UNSW)
has lodged a new development application for the construction of a
new timber building designed by Tzannes and Lendlease, using
engineered mass timber as a construction material (12 June 2019).
More...
Queensland
Cladding loopholes in Queensland
Queensland may ban provisions allowing combustible
cladding on high-rise buildings, with concerns the global insurance
fallout from the Grenfell Tower disaster could affect the
state's construction industry (16 June 2019).
More...
Adani gets final environmental approval for Carmichael
mine
Adani has passed its final environmental approval and can
now begin work on its Carmichael mine in Central Queensland after
nearly nine years of planning, fierce protests and endless
political debate (13 June 2019).
More...
Housing construction rates fall to lowest level in six
years as mortgage lending stalls
Construction rates across Australia had their sharpest
falls in six years in May as the building of houses and apartments
slowed and jobs in the sector continued to trail off, according to
a survey of businesses in the industry (07 June 2019).
More...
$122 million capital injected into Queensland
construction sector
New powers given to the state's building and
construction regulator have seen more than $122 million worth of
capital injected into the industry after financial reviews of only
269 licensees (07 June 2019).
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Victoria
Building activity remains flat in April
Building activity worth $3.12 billion was approved in
April, after Victoria's building surveyors issued 8144 permits
during the month. The number of permits issued was the second
lowest this year and extends the current downward trend into its
third consecutive month (13 June 2019).
More...
Mega-project secrecy slammed by former infrastructure
boss
The former head of Infrastructure Australia says he
regrets not standing up to state governments that pressured his
agency to keep the business cases of multibillion-dollar transport
projects secret. Victoria's infrastructure boom shows that
three big building firms have earned $10.5 billion between them
since Premier Daniel Andrews came to office four years ago (11 June
2019).
More...
Expansion of stamp duty for developers agreements
passed
The HIA asked all parties in the Upper House to remove the
clauses that relate to the additional duty on developer agreements
and similar transactions from the Bill to as further clarity is
required. The changes may create a stamp duty liability where a
project involves land with an unencumbered value of over $1million
(12 June 2019).
More...
Published
2019 AFR National Infrastructure Summit
Speech, 12 June 2019
'Access, quality and cost: A community-centred approach to
infrastructure planning and delivery' outlines the major trends
impacting infrastructure and previews our forthcoming release, the
2019 Australian Infrastructure Audit.
More...
Ports and a Sustainable Australia
Ports Australia: released 30 May 2019
The report is separated into five categories provided by the World
Ports Sustainability Program, these categories are Climate and
Energy, Community and port-city dialogue, Governance and Ethics,
Resilient Infrastructure, and Safety and Security.
More...
Practice and courts
API: Risk rating to be assigned to flammable cladding
buildings
Inconsistent approaches to flammable cladding across the
country has prompted the Australian Property Institute
(API) to lead the way with a valuation protocol
which will assign a risk rating on properties that appear to be
clad, is known to be clad or is known to have non-compliant
cladding (03 June 2019).
More...
Queensland
Department of State development Consultation
Cross River Rail Project – application for proposed change to
the project Closed: 14 June 2019. The proponent for the
project, the Cross River Rail Delivery Authority, has applied to
the Coordinator-General for a fourth change to the project.
Consultation on plans to introduce new licence classes
for commercial air-conditioning or medical gas systems
Under the new framework, people already performing
mechanical services work may need to undertake some additional
training or have their skills assessed, to be eligible to obtain
the new licence To provide feedback on the mechanical services
licensing framework, please complete the survey
here by 5 July 2019.
Cases
Goodwin v Rana [2019] NSWDC
247
BUILDING AND CONSTRUCTION – plaintiff and defendants
settle proceedings by deed – plaintiff commences proceedings
after defendants default in payment – defence asserts faulty
workmanship and foreshadows cross-claim – plaintiff seeks
summary judgement for a sum in excess of the amount in the deed
– accord and satisfaction – repudiation – whether
evidence sufficient for summary judgement – application for
summary judgement refused.
Lendlease Engineering Pty Ltd v Timecon Pty
Ltd [2019] NSWSC
685
BUILDING AND CONSTRUCTION – adjudication –
whether determination of adjudicator void – jurisdiction of
adjudicator – Building and Construction Industry Security
of Payment Act 1999 (NSW) – whether there was a
construction contract – whether there was a construction
contract under which there was an undertaking to carry out
construction work or to supply related goods and services
Queensland
Lake Laurel Pty Ltd & Ors v Nichols Constructions Pty
Ltd & Ors (No 2) [2019] QSC
145
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – IMPLIED TERMS
– GENERALLY – where the parties were involved in a
project to subdivide land – where the first plaintiff and the
first defendant entered into a loan agreement, with the second
defendants as guarantors, which was secured by a registered
mortgage, under which the first defendant agreed to pay the
principal sum of $3,775,000.00 to the first plaintiff, by
incremental instalments on the sale of each lot in the proposed
subdivision, with the balance to be repaid 12 months from
registration of the plan(s) of subdivision – where the debt
under the loan agreement and mortgage were later assigned to the
third plaintiff – where the third plaintiff claims the debt
has become due and payable, as a consequence of the first
defendant's breach of express and implied terms of the loan
agreement and mortgage, by allowing the development approval for
the land to lapse, and failing to obtain registration of the
plan(s) of subdivision within a reasonable time – where the
defendants do not challenge the contention that the first defendant
breached the loan agreement and/or the mortgage in the ways
contended by the third plaintiff, but argue the principal sum has
not become payable because of an earlier breach by the first
plaintiff of the implied obligation under the loan agreement and
the mortgage to cooperate – whether the implied obligation to
cooperate required the first plaintiff to take steps to ensure that
plan(s) for subdivision of the land were registered, or not to
hinder or obstruct the first defendant's efforts in that regard
– whether such a breach, even if established, could be relied
upon to defend the claim by the third plaintiff, as assignee, to
recover the principal sum – whether the first plaintiff
breached the implied obligation to cooperate – whether the
principal sum under the loan agreement is due and payable to the
third plaintiff.
Lake Laurel Pty Ltd & Ors v Nichols Constructions Pty
Ltd & Ors [2019] QSC
129
INTERPRETATION – GENERAL RULES OF CONSTRUCTION OF
INSTRUMENTS – GENERAL MATTERS – determination of
separate questions under r 483 of the Uniform Civil Procedure Rules
1999 (Qld) – construction of provisions of a loan agreement
dealing with time of payment.
Uniform Civil Procedure Rules 1999 Qld r 483.
Victoria
Queensland Phosphate Pty Ltd v Korda
[2019] VSCA 119
PRACTICE AND PROCEDURE – Stay – Winding-up
order – Applicants granted stay pending appeal – Stay
unopposed by respondents – Order for payment of arrears of
rental and annual fees in respect of mining tenements –
Undertaking to inform authorities of appeal – Breach by
applicants of order and undertaking – Application by
respondents to lift stay – Whether mining tenements at risk
of cancellation for non-payment of rent and annual fees –
Mineral Resources Act 1989 (Qld) ss 160, 308(2);
Environmental Protection Act 1994 (Qld) ss 278(2)(f), 280,
316I – Whether onus on applicants to establish special or
exceptional circumstances – Stay varied to require payment of
arrears within 14 days.
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.