In the media – National
New framework to reduce infrastructure investment
risk
A new framework designed to help the Australian and New Zealand
governments reduce risk when investing in critical infrastructure
has been released, following the Government's commitment to
significantly invest in major infrastructure projects over the next
four years. The ICMS Coalition, comprising 45 professional bodies
including RICS, has launched ICMS, a benchmarking and reporting
framework for international cost classification, reporting and
comparison (28 July 2017).
More...
CFMEU penalised $130,000 for industrial action at six
Brisbane projects
The CFMEU and three of its officials have been penalised $130,000
for industrial action which shut down work at multiple construction
projects across Brisbane, including Ronald McDonald House and the
Commonwealth Games Velodrome site (28 July 2017).
More...
Andrew Forrest just lost a major royalties fight over
native title involving Fortescue's Solomon mine
The Federal Court has upheld exclusive rights to the Yindjibandi
people. The decision finalises a 14-year-old claim over the region.
The Yindjibarndi Aboriginal Corporation (YAC) was
granted native title over the area where the mine is located in
2003 and was subsequently seeking exclusive rights (20 July 2017).
More...
In the media – New South Wales
Australian-first for Darlington Upgrade Project as local
business benefits
Two new bridges for the Darlington Upgrade Project will be
constructed 'off-site' and moved into position, in an
Australian-first for a civil engineering (27 July 2017).
More...
First breakthrough on new M4 tunnels
New South Wales Premier Berejiklian, Minister for WestConnex Stuart
Ayres and Federal Minister for Urban Infrastructure Paul Fletcher
witnessed the breakthrough 40 metres below ground, marking 70 per
cent completion of mainline tunnelling. The New M4 tunnels will
connect to the widened M4 and extend it underground (26 July 2017).
More...
In the media – Queensland
Townsville's commercial buildings to be audited for
safety
In the wake of the Grenfell fire disaster in London, the
Queensland Government will perform building audits to find out
whether aluminium composite panels on the outside of commercial and
public buildings meet Australian Building Code requirements (27
July 2017).
More...
Lindeman Island resort revival on track
Queensland Government: Lindeman Island's revival is a step
closer with the release of the draft environmental impact statement
(EIS) for the $583 million redevelopment and
expansion of the island's resort. State Development Minister Dr
Anthony Lynham said the draft environmental impact statement for
the Whitsunday islands project was available for public
consultation for six weeks (28 July 2017).
More...
Better roads means better access for the Cape York
Region
Road sealing contract awarded to North Queensland Civil Engineering
Contracting Sealing works will soon start on 9.2 kilometres of road
from Myall Creek to Rio Boundary as part of the $260.5 million Cape
York Region Package (25 July 2017).
More...
Roads and jobs bonanza - Cairns wins with Smithfield
solution
Queensland Government: Construction of a new bypass road at
Smithfield will start next year with the Palaszczuk Government
today announcing $152 million in funding for the long-awaited
project (25 July 2017).
More...
Combustible cladding found on Brisbane
hospital
The Queensland Government confirms cladding on Brisbane's
Princess Alexandra Hospital is combustible, after tests were
conducted in the wake of London's Grenfell Tower inferno
tragedy (19 July 2017).
More...
Blueprint lays out future for North West Minerals
Province
The Palaszczuk Government has put in place a blueprint to drive the
next wave of resource development and new industry in
Queensland's North West Minerals Province (19 July 2017).
More...
In the media – Victoria
Melbourne Metro Tunnel to see creation of 7,000
jobs
In a news release earlier this week, the Andrews Labor Government
is creating thousands of local jobs and using Victorian businesses
to build the biggest public transport project in Victorian history
– the Metro Tunnel (28 July 2017).
More...
CPB Contractors preferred proponent for Metro Tunnel
Rail Systems
CPB Contractors has been selected by the Victorian Government as
the preferred proponent, with Bombardier Transportation, to deliver
the Metro Tunnel Project Rail Systems Alliance
(RSA) with the Melbourne Metro Rail Authority
(MMRA) and Metro Trains Melbourne
(MTM) (28 July 2017).
More...
Ezy Lite Pty Ltd and Adnan Dennaoui - Court
outcome
A building cladding company and its director have been convicted
and fined a total of $70,000 after pleading guilty to making false
and misleading representations about the fire ratings of some of
its products (21 July 2017).
More...
Published
Building and Construction Law Journal update: Vol 33 Pt 2 July
2017
The latest Part of the Building and Construction Law Journal
includes the following articles: "Alliancing in Australia:
Commercial Advantage at the Expense of Legal Certainty?"
– Andrew Stephenson and Brendan Molck; "Global Claim
– Global Confusion?" – Andrew D Archer. Also in
this Part is an Editorial; and a Report on the following case:
Façade Treatment Engineering Pty Ltd (in liq) v
Brookfield Multiplex Constructions Pty Ltd.
Practice and courts
ABCC Code for the Tendering and Performance of
Building Work 2016
The Code
for the Tendering and Performance of Building Work 2016
applies to companies who wish to undertake Commonwealth-funded
building work. Building industry participants covered by agreements
made prior 2 December 2016 have until 29 November 2018 to ensure
their agreements are Code compliant.
New South Wales
Fire Safety Regulation Reform
The Environmental Planning Assessment Amendment (Fire Safety
and Building Certification) Regulation 2017 has been published
and will come into effect on 1 October 2017. These are important
reforms that will improve fire safety in new and existing
buildings. The amendments introduce new requirements affecting the
design, approval, construction and maintenance of fire safety
measures (06 July 2017).
More...
New South Wales BPB: Strata building bond scheme now
commences 1 January 2018
The new strata building bond and inspection scheme will now
commence on 1 January 2018. It was originally scheduled to commence
on 1 July 2017.
More...
Cases
BM Sydney Building Materials Pty Ltd v AWT Building Group
(AUST) Pty Ltd; BM Sydney Building Materials Pty Ltd v AWT Building
Pty Ltd [2017] NSWCA 177
APPEAL - defendants admitted liability on claim for debt but
relied on estoppel based on oral agreement - primary judge accepted
defendants' evidence and made adverse credit-based findings
against plaintiff's witness - whether primary judge failed to
have regard to contemporaneous documents - whether primary judge
misapprehended evidence said to corroborate oral agreement -
whether this Court could give judgment in favour of plaintiff -
appeal allowed and retrial ordered.
Delta Pty Ltd v Team Rock Anchors Pty Ltd [2017] QSC
115
INSURANCE – THE POLICY – THE INSURED – where the
plaintiff sub-contracted with the first defendant – where the
first defendant breached that contract and caused loss to the
plaintiff – where the first defendant had an insurance policy
with the third defendant – where the insurance policy defined
'insured' as the first defendant and its principals and
subcontractors not otherwise insured – whether the plaintiff
was insured by the first defendant's insurance policy with the
third defendant.
INSURANCE – PUBLIC LIABILITY INSURANCE – GENERALLY
– CLAIM FOR INDEMNITY AS INSURED – where the plaintiff
claimed against the third defendant as an insured under the policy
– where the policy required the plaintiff to establish that
the plaintiff was legally liable to pay compensation to the
contractor for property loss – where the first
defendant's breach meant that a retaining wall moved an
unacceptable amount – whether the plaintiff became liable to
pay compensation for property loss – where the plaintiff
claimed that a shortfall in payment from the contractor to the
plaintiff amounted to the plaintiff paying the contractor
compensation – whether the contractor suffered property loss
as defined in the policy – whether a shortfall in payment
amounted to a payment of compensation – whether the
plaintiff's losses were indemnified under the insurance
policy.
INSURANCE – THE POLICY – OTHER MATTERS –
ASSIGNMENT – where the plaintiff settled its claim against
the first defendant – where the settlement deed assigned the
first defendant's claim against the third defendant to the
plaintiff – whether assignment valid.
INSURANCE – PUBLIC LIABILITY INSURANCE – GENERALLY
– CLAIM FOR INDEMNITY AS ASSIGNEE – where the plaintiff
prosecuted the claims assigned to it by the first defendant against
the third defendant – where the policy required the plaintiff
to establish that the first defendant was legally liable to pay
compensation to the plaintiff for property loss – whether the
settlement between the plaintiff and first defendant established
legal liability of the first defendant to the plaintiff –
whether the settlement between the plaintiff and first defendant
was reasonable – whether the plaintiff suffered property loss
– whether the plaintiff's losses were indemnified under
the insurance policy - contract with the plaintiff, Delta, to
undertake excavation works on the site.
Santos Ltd v Fluor Australia Pty Ltd [2017] QSC
153
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– PLEADINGS – STRIKING OUT – DISCLOSING NO
REASONABLE CAUSE OF ACTION OR DEFENCE – where the defendant
applies to strike out paragraphs of the plaintiff's claim
– where the relevant parts of the statement of claim concern
breaches of subcontracts the defendant entered into to carry out
the work under the contract - whether paragraphs of the statement
of claim fail to disclose a reasonable cause of action - whether
the statement of claim identifies "global" or "total
costs" claims – whether there is a "global" or
"total costs claim" – whether a "global"
or "total costs" claim is permissible in the
circumstances – whether it is sufficient for a plaintiff to
plead the material facts which are said to give rise to a causal
connection.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– PLEADINGS – STRIKING OUT – EMBARRASSING,
TENDENCY TO CAUSE PREJUDICE, SCANDALOUS, UNNECESSARY ETC OR CAUSING
DELAY IN PROCEEDINGS – where the defendant applies to strike
out paragraphs of the plaintiff's claim - whether paragraphs of
the statement of claim do not sufficiently inform the defendant of
the case to be met – whether the statement of claim would
impose an unreasonable or unfair burden on the defendant that would
prejudice, embarrass or delay a fair trial – whether the
plaintiff sufficiently pleaded a causal connection - whether the
plaintiff sufficiently pleads the causal connection between the
breaches and amount claimed.
289 Grange Road Developments Pty Ltd & Anor v Dalle Projects
Pty Ltd [2017] VSC 409
CORPORATIONS – Corporations Act 2001 (Cth) –
Statutory demand – Application pursuant to s 459G to set
aside statutory demand – Building contracts – Payment
claim – Payment certificate – Debt due and payable for
the purposes of the statutory demand – Relevance of the
Building and Construction Industry Security of Payment Act
2002 (Vic) – Whether debt was required to be due and
payable for the periods set out in s 459F or whether sufficient
that due and payable at the date of service of statutory
demand.
Beton Pumping Group Pty Ltd v Zoomlion Capital (Australia) Pty Ltd
(No 2) [2017] VSCA 185
PRACTICE AND PROCEDURE – Application for continuation of stay
of order pending special leave application – Whether
substantial prospect that special leave to appeal will be granted
– Balance of convenience – Where applicant has not
questioned validity of security granted by it or events of default
under security entitling mortgagee to exercise right of possession
– Where applicant unable to pay money into court –
Application dismissed.
St Hilliers Property Pty Limited v ACT Projects Pty Ltd and Simon
Wilson [2017] ACTSC 177
CONTRACTS – CONSTRUCTION AND INTERPRETATION OF CONTRACTS
– Building, Engineering And Related Contracts –
Remuneration – statutory regulation of entitlement to and
recovery of progress payments – Building and Construction
Industry (Security of Payment) Act 2009 (ACT) – payment
claims – whether a payment claim had been served too late
– whether a 'reference date' was a necessary
prerequisite to its service, and was absent at the time of service
– whether an adjudicator had delegated the preparation of his
adjudication by having someone else prepare it.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – Application for
leave to appeal from adjudication decision under the Building
and Construction Industry (Security of Payment) Act 2009 (ACT)
– Whether an adjudicator's finding of waiver had been an
error at law.
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.
