In the media
ACIF and government release productivity
guides
The Australian Construction Industry Forum (ACIF) and the
Australasian Procurement and Construction Council (APCC) have
produced two important and valuable guides to help the construction
industry improve productivity (10 April 2014).
More...
Asbestos compensation fund settles case with 'third
wave' victim
The building products company James Hardie could have made
asbestos-free products a decade earlier than it did, but chose not
to because of commercial reasons. That extraordinary revelation
emerged in a landmark case at the Dust Diseases Tribunal in Sydney
(10 April 2014).
More...
Royal Commission into Trade Union Governance and
Corruption begins in Sydney
The Royal Commission into Trade Union Governance and Corruption has
begun in Sydney, with the inquiry's recommendations due by the
end of December (09 April 2014).
More...
Extreme weather prompts ABCB National Construction Code
review
Australia's recent extreme weather events have motivated the
Australian Building Codes Board (ABCB) to review construction
standards for new buildings in regards to weather resilience (07
April 2014).
More...
Australia requires practical design action on climate
change
Following the release of the United Nation's Intergovernmental
Panel on Climate Change fifth Assessment Report, Engineers
Australia has called for appropriate design standards that
incorporate the climate likely to occur over the life of an asset
(02 April 2014).
More...
National Lend Lease sites subject to safety audit by
CFMEU
The CFMEU is conducting safety audits on all Lend Lease sites
around Australia in the wake of the Barangaroo fire where
inadequate evacuation plans meant workers were not accounted for,
for 2.5 hours (01 April 2014).
More...
Victoria
Coalition Government to better protect building
consumers
The Victorian Coalition Government announces it will introduce a
Domestic Building Consumer Protection Fund to better protect
Victorian domestic building consumers (07 April 2014).
More...
New South Wales
Sydney tradespeople breeze through watchdog
audit
In an audit of 270 people across more than 120 sites, inspectors
from Fair Trading uncovered only five breaches of home building and
associated legislation. Breaches which were detected included
carrying out (or seeking to carry out) residential building work
without a license or sub-contracting out work to individuals who
did not carry appropriate licenses (11 April 2014).
More...
Deregulation to drive up competition
The deregulation of NSW's electricity prices continues
electricity reform momentum and continues to apply downward
pressure on electricity costs, says Infrastructure Partnerships
Australia (07 April 2014).
More...
Queensland
Queensland targets building unions with safety
overhaul
Building and construction unions have been the target of a
Queensland government overhaul of regulation which the government
and employers say will crack down on militant union representatives
using safety as an excuse to force their way onto worksites but
which unions say places workers at risk (11 April 2014).
More...
Construction industry to become fairer, more
transparent
Under the proposed changes, the QBCC will take on the role of
registering adjudicators. Under the new rules, respondents to large
or complex claims where the sum involved is more than $750,000 will
be given extra time to respond (09 April 2014).
More...
Industry supports proposed BCIPA changes
Proposed changes to the Building and Construction Industry Payments
Act 2004 (BCIPA) announced today by the Minister for Housing &
Public Works, The Hon. Tim Mander MP, will improve the
effectiveness of this legislation and provide a much needed boost
to cash flow for the building and construction industry (09 April
2014).
More...
Published – articles, papers, reports
Climate change 2014: impacts, adaptation and
vulnerability
Author: Intergovernmental Panel on Climate Change The Working Group
II contribution to the Fifth Assessment Report considers the
vulnerability and exposure of human and natural systems, the
observed impacts and future risks of climate change and the
potential for and limits to adaptation (31 March 2014). More...
A second Sydney airport: Policy developments, reports
and key findings
Author: Issues Background Paper No 4 This paper aims to present a
timeline of all the key policy positions of Federal and State
Governments and Oppositions with respect to a second Sydney airport
since the end of 2007(April 2014).
More...
Engineering Construction Activity, Australia, Dec 2013 (cat no. 8762.0) Author: Australian Bureau of Statistics (02 April 2014). More...
Practice and courts
MBA: Changes to construction code pose non-compliance risk for industry Master Builders is encouraging all workers in the building and construction industry to attend the first Master Builders' 2014 toolbox event outlining the recent changes to the National Construction Code (11 April 2014). More...
ABCB Discussion paper: Resilience of Buildings to
Extreme Weather Events
The Discussion Paper is to inform and seek feedback from
stakeholders on the resilience of new buildings to extreme weather
events, closing 01 July 2014. The current NCC does not cover hail,
storm tide, or have specific requirements relating to heat stress
(April 2014).
More...
New Australian Standards
Electrical equipment for mines and quarries - General requirements. More...
QLD: Amendments to the Building and Construction
Industry Payments Act (BCIPA)
Amendment to the Act will ensure fair and equitable statutory
securities for all parties involved in construction contracts
likely to come into effect on 1 September 2014.
More...
NSW: Certificates: who can apply and required
documents
The Environmental Planning and Assessment Regulation 2000 sets out
who can apply for a certificate, and what documents are required
with applications.
Lessons identified from audits has been updated with more
advice for certifiers (10 April 2014).
More...
NSW: Fair Trading - Deck and balcony
safety
Balconies, decks, balustrades and railings must be built to meet
the requirements of the Building Code of Australia and relevant
Australian Standards.The Building Code requires the structure and
materials used to build a balcony or deck withstand the normal
stresses that would be placed on it.
More...
VIC: New gas installation standard effective from 31 March 2014: AS/NZS 5601.1:2013 A new standard for gas installations took effect in Victoria on 31 March 2014. Gasfitting work in Victoria is now required to comply with the new standard. The new standard comes in two parts, each of which is a standard in its own right. More...
VIC: VBA Mail 1 April 2014
The 1 April 2014 VBA Mail
edition is now available online. This covers building, plumbing and
gas installation compliance issues.
Cases
Tresedar Pty Ltd v Property Builders (Constructions)
Pty Ltd (In Liquidation) [2014] NSWSC 382
BUILDING AND CONSTRUCTION - Building and Construction Industry
Security of Payment Act 1999 (NSW) - whether settlement deed a
"construction contract" - whether payment under that deed
a "progress payment" - CONTRACT - implied terms - whether
an implied term that parties deal with each other in good faith and
cooperate - UNCONSCIONABLE CONDUCT - requirements for conduct to be
unconscionable PROCEDURE - civil - whether the court should permit
party to amend its claim - effect of delay - requirement that
responding party have sufficient time to respond The cross
defendants in the sum of $688,220.66; The first and second cross
defendants in the sum of $40,839.19. More...
Namour v Queensland Building Services Authority
[2014] QCA 072
PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE
SCHEME – where the appellant was a director of a building
company that had its licence cancelled and was unable to complete
several building contracts – where the property owners of
those contracts made claims against the respondent under the
insurance scheme – where the respondent then brought
proceedings against the appellant to recover those amounts as a
debt pursuant to ss 71(1) and 111C of the Queensland Building
Services Authority Act 1991 (Qld) – where summary judgment
for that debt was entered – whether the appellant director
needed to be at 'fault' to be liable for those debts
– whether, if the appellant's licence was wrongfully
cancelled, the property owners' claims were not made validly
under the insurance scheme and therefore the respondent's
payments were not "payment[s] on a claim" under s 71(1)
– whether the correctness of the licence cancellation is
justiciable in recovery proceedings brought against a director.
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND
– PRACTICE UNDER RULE OF COURT – SUMMARY JUDGMENT
– where the appellant argues the primary judge erred in
summarily determining the quantum of debt to be paid –
whether the Act requires the amount of the payments made under the
insurance scheme be reasonable in order for those amounts to be
recoverable against the appellant – whether summary judgment
should have been refused because the quantum of the debt was not
proved to the necessary degree of assurance – whether r 292
of the Uniform Civil Procedure Rules 1999 was correctly applied. More...
Brimar Electrical Services Pty Ltd v Zi-Argus Australia Pty Ltd [2014] QDC 078 Judgment pursuant to s 19 of the Building Construction and Industry Payments Act 2004 – where the applicant claimed to be entitled to a progress payment for work done – where the respondent contends it is not liable for the amount claimed – where the respondent asserts that it served a payment schedule on the applicant which was in accordance with s 18(2) of the Act – where the applicant asserts that it was not and was thereby entitled to the full amount claimed. More...
J Hutchinson Pty Ltd v Cada Formwork Pty Ltd &
Ors [2014] QSC 063
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 the first respondent had a
contract for the performance by the first respondent of formwork
services for a construction project – where the first
respondent made an adjudication application under the Building and
Construction Industry Payments Act 2004 (Qld) – where an
adjudication decision was made by the third respondent in favour of
the first respondent – where the third respondent relied on
documents that had not been provided to the applicant – where
those documents were not submitted to the third respondent as part
of the first respondent's adjudication application –
whether the third respondent failed to comply with the requirements
of natural justice – whether the third respondent contravened
s 26(2) of the Act – whether the third respondent was, in the
circumstances, required to identify the legal source of the first
respondent's entitlement to payment – whether the third
respondent was, in the circumstances, required to assess the value
of the work performed by the first respondent under the contract
with the applicant – whether the adjudication decision is
void. ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – PROCEDURAL FAIRNESS – HEARING – NATURE
OF HEARING – OPPORTUNITY TO PRESENT CASE – where the
third respondent decided an adjudication under the Building and
Construction Industry Payments Act 2004 (Qld) in favour of the
first respondent – where the applicant submitted that the
third respondent substantially relied on documents submitted on
behalf of the first respondent – where the applicant had not
been provided those documents and had not had an opportunity to
address the material contained therein – whether there has
been a failure to comply with the requirements of natural justice
– whether the adjudication decision is void. PROCEDURE
– MISCELLANEOUS PROCEDURAL MATTERS – DECLARATIONS
– APPROPRIATE FORM OF RELIEF – DISCRETION OF COURT
– OTHER CASES – where an adjudication decision under
the Building and Construction Industry Payments Act 2004 (Qld) is
void – whether the Court has discretion to grant relief
– whether the applicant is, in the circumstances, entitled to
restitution of money paid pursuant to the adjudication decision. More...
Verney v The Mac Services Group Pty Ltd [2014]
QSC 057
Negligence – Master and Servant – Scope of Duty - Duty
of Care – Safe System of work – Employer's duty to
provide safe system - Failure to take reasonable care for
employee's safety - Burden of Proof – Quantum -
Assessment of Damages. More...
Williams v Stone Homes P/L & Anor [2014] QDC 064 Building contracts – enforceability – whether illegal as performed because licence necessary – whether recoverability where contractual breach in issue, rather than remuneration – whether extra-territorial effect for non-licensing offence – whether proportionate liability effectively raised. More...
Love v Thwaites & Anor [2014] VSCA
56
INJUNCTION – Undertaking as to damages – Assessment of
damages – Whether damage of a type or character that was
reasonably foreseeable – Principles applying to assessment
– Mitigation. Judge of the Trial Division granted an
interlocutory injunction restraining the Roads Corporation, the
respondent,[1] from demolishing or disturbing a property known as
Clonard. The judge ordered the appellant to pay the respondent
damages assessed in the amount of $3,420,389.70 together with
interest in the amount of $2,427,258.47. More...
Metier3 Pty Ltd v Enwerd Pty Ltd & Anor (No
2) [2014] VSC 138
PRACTICE AND PROCEDURE – Supreme Court (General Civil
Procedure) Rules 2005 - Rule 45.05 - Application for summary
judgment – Court's discretion to make orders pursuant to
Rule 45.05(8) - Proceeding commenced by originating motion –
No pleadings - Summary judgment sought in circumstances where there
are substantial issues in dispute – Full hearing on merits
appropriate – Defendants entitled to a defence and
counterclaim – Application for summary judgment dismissed -
Pleadings ordered. BUILDING CONTRACTS – Entitlement to final
payment following issue of certificate of Practical Completion -
Validity of certificate of Practical Completion issued under Deed
of Settlement - Whether it is open to defendants to challenge
validity – Doctrine of election or waiver – Challenge
to validity not raised before expiration of 12-month defects period
under Deed of Settlement – Obligations under Deed of
Settlement – Whether Plaintiff has complied with obligations.
More...
Powlett v Archibald & Anor [2014] VCC
405
CLAIM FOR DAMAGES RELATIVE TO ARRANGEMENTS FOR REMOVAL, DELIVERY
AND RE-ERECTION OF HOUSES - Claim and contract for breach relative
to contracts for relocation of houses – allegations of
misleading and deceptive conduct – separate contracts for
removal, transportation and restumping of houses – one person
contracting for first two contracts – second person
contracting in the third contract – whether these persons
liable as partners for all obligation – total failure of
consideration as to one of the contracts of the third class. More...
Grocon & Ors v Construction, Forestry, Mining
and Energy Union & Ors (No 2) [2014] VSC
134
CONTEMPT OF COURT – Breaches of restraining orders –
Parties – Contempt proceedings commenced by private companies
– Attorney-General joined as co-plaintiff shortly after
commencement – Late application by defendant for removal of
Attorney-General – Whether Attorney-General a proper or
necessary party – Discretionary factors – Application
for removal refused – Supreme Court (General Civil Procedure)
Rules 2005 r 9.06(a). CONTEMPT OF COURT – Breaches of further
restraining orders – Parties – Further contempt
proceedings brought by private companies – Application by
Attorney-General to be joined as a co-plaintiff –
Attorney-General's standing – Discretionary factors
– Application for joinder granted – Supreme Court
(General Civil Procedure) Rules 2005 r 9.06(b). CONTEMPT OF COURT
– Breaches of restraining orders - Blocking access to
building sites – Hindering deliveries to building sites
– Whether civil contempt or criminal contempt –
Industrial context –Relevant sentencing principles –
Objective seriousness – Proportionality – Consistency
– Totality – General and specific deterrence –
Whether convictions should be recorded – Quantum of fines
– Orders as to costs. More...
Legislation
New South Wales
Proclamations commencing Acts
Building and Construction Industry Security of Payment Amendment Act 2013 No 93 (2014-182) — published LW 11 April 2014.
Crimes (Administration of Sentences) Amendment Act 2014 No 6(2014-183) — published LW 11 April 2014. Regulations and other miscellaneous instruments
Building and Construction Industry Security of Payment Amendment (Supporting Statement) Regulation 2014 (2014-185) — published LW 11 April 2014.
Queensland
Subordinate legislation as made
No 41 Queensland Building and Construction Commission Amendment Regulation (No. 1) 2014 - 11 April 2014 – Amends the Queensland Building and Construction Commission Act 1991 - Insertion of new s 33A Part 6— 33A Prescribed government project—Act, sch 1A, s 11 (1) For the Act, schedule 1A, section 11(5), Definition prescribed government project, the construction of the Commonwealth Games village (the relevant project) is prescribed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.