In the media
Australia's $59 billion infrastructure pipeline
unveiled
A record forty-four new projects and initiatives have been
added to Australia's list of priority infrastructure as the
pipeline of important work grows to $59 billion in value. All up,
the list includes 25 projects and 160 initiatives. Read
Infrastructure Australia's statement
here (01 March 2021). More...
Infrastructure Projects vital to economic recovery
An aggressive agenda to fund and build infrastructure
projects needed to boost the livability and productivity of major
cities and regions will be essential to Australia's recovery
from the economic effects of COVID-19, according to the UDIA (26
February 2021).
More...
Research finds Australian bushfires should change where
and how we live
Climate-change driven extreme weather events, including
devastating Australian bushfires, have created the urgent need for
a new approach to planning and building in high fire risk areas and
a shift to climate-resilient towns and cities (25 February 2021).
More...
New South Wales
New South Wales Smart Infrastructure Policy
A foundational element of the Smart Places Strategy, the
policy will ensure that the government can plan, design, build and
operate connected communities. To better explain the impact that
this policy will have on the built environment, WSP has developed a
response paper. Download WSP'S Response to NSW Smart
Infrastructure Policy
here (04 March 2021).
Combustible cladding: Government announces interest-free
loans to speed up removal from New South Wales apartment
buildings
Interest-free 10-year loans have been welcomed to
fast-track the removal of high-risk combustible cladding from
apartment buildings across NSW. Owners Corporations will be able to
apply for financial assistance from next month as part of the state
government's Project Remediate, which was given the go-ahead
(22 February 2021).
More...
Queensland
New team to lead planning for Queensland's future
growth
A new Growth Areas Delivery Team will pursue new
partnerships between developers, local government, utility
providers and state to support structure planning, infrastructure
planning and infrastructure funding arrangements for new growth
areas (04 February 2021).
More...
Hydrogen to power homes, industry and backyard BBQs in
Gladstone
Gladstone is fast on its way to becoming a renewable
hydrogen superpower, with the proposed hydrogen plant project
hitting milestones ahead of schedule (03 March 2021).
More...
Queensland workers receive support to reap benefits from
building boom
Queensland's Building and Construction Commission will
ramp up support for Queensland tradespeople to ensure they benefit
from the state's building boom (25 February 2021).
More...
Victoria
Mordialloc Freeway recycled plastic noise walls a world
first
In a world first, noise walls along the Mordialloc Freeway
will be made from 75 per cent recycled plastic collected from
households across the state, as part of a drive to build
Australia's greenest freeway (01 March 2021).
More...
Victoria's $5.3 billion social housing build under
way
The ambitious 10-year strategy, dubbed the Big Housing
Build, aims to address the growing waiting list for social housing
has ballooned to more than 48,000 households, an increase of more
than 8,000 in the second half of 2020 (25 February 2021).
More...
Practice and courts
Infrastructure Australia: 2021 Infrastructure Priority
List
This year's List features a record 44 new
infrastructure proposals, across the broad spectrum of transport,
energy, water, waste, telecommunications and social infrastructure.
This edition of the Priority List provides a $59 billion pipeline
of nationally-significant investment opportunities, with six High
Priority Projects (26 February 2021).
More...
Adoption of NCC 2022 to be delayed
The delayed adoption will also see adjustments to key
dates in the amendment cycle process for NCC 2022 to allow
stakeholders time to participate. These adjusted dates
include:
May – July 2021: NCC 2022 public comment draft released for
public consultation.
May 2022: NCC 2022 preview published here.
If you have any questions regarding the delayed adoption of NCC
2022, please submit an online inquiry
here.
Queensland
QBCC releases project trust account tool
The QBCC has designed a
trust account tool to help industry determine whether a
particular project requires a project trust account. This follows
reforms under the Building Industry Fairness (Security of Payment)
Act 2017, with a new trust account framework being phased in, and
currently including eligible state government contracts valued
between $1 million and $10 million as of 1 March 2021.
Victoria
Victoria's draft 30-year infrastructure
strategy
We have released
Victoria's draft 30-year infrastructure strategy and are
inviting all Victorians to have their say.
Community consultation ended on February 26, 2021. The final
30-year infrastructure strategy will be presented to the Victorian
Government in mid-2021. Read the draft strategy, or participate in
community consultation opportunities
here.
Cases
First Solar (Australia) Pty Ltd, in the matter of Lyon
Infrastructure Investments Pty Ltd v Lyon Infrastructure
Investments Pty Ltd (No 2) [2021] FCA
109
ARBITRATION – domestic commercial arbitration
– application for order in the terms of the award pursuant to
s 54(1) of the Federal Court of Australia Act 1976 (Cth) –
where no order was made referring a proceeding or part of it to
arbitration pursuant to s 53A(1) – where parties by consent
sought a stay of the proceeding pending the determination of the
arbitration – whether consent orders for the stay should be
varied to add an order under s 53A(1) – whether the award is
"in relation to a matter in which the Court has original
jurisdiction" pursuant to s 54(1) and r 28.14(1) of the
Federal Court Rules 2011 (Cth) – controversy submitted to
arbitration is a federal matter – dispensing with certain
formal requirements – money judgment in the terms of the
award granted.
New South Wales
Owners Strata Plan 93810 v KCN Constructions Pty
Ltd [2021] NSWSC
176
(1) Judgment for the plaintiff against the first defendant
for $739,969.
(2) The first defendant is to pay the plaintiff's costs of the
motion filed 23 October 2020.
BUILDING AND CONSTRUCTION – proceedings settled by Deed of
Settlement entitling plaintiff to judgment against the first
defendant in the event that the defendant did not carry out certain
remedial building works, in particular in relation to fire safety
– Deed included an undertaking by the first defendant to pay
legal costs in three fixed instalments – where first
defendant breached the Deed – Plaintiff accordingly entitled
to judgment, Home Building Act 1989 (NSW).
Queensland
Kangaroo
Point Developments MP Property Pty Ltd v RHG Construction Fitout
and Maintenance Pty Ltd & Ors [2021] QSC
30
(1) This is an application to have an adjudication
decision made under the Building Industry Fairness (Security of
Payment) Act 2017 (BIFA) declared void. The document of 10 August
2020 was not a payment schedule within the meaning of s 69 of the
BIFA and was not the payment schedule delivered by the applicant in
this case.
Victoria
Winslow Constructors v Head, Transport for Victoria
(Costs) [2021] VSC
74
ARBITRATION – whether indemnity costs should be the
default order in unsuccessful challenges to arbitral awards –
consideration of the appropriate test to be applied for
unmeritorious challenges to arbitral awards – whether a
different approach should be adopted by reason of the objects of
the Commercial Arbitration Act 2011 (Vic) or the International
Arbitration Act 1974 (Cth).
COSTS – jurisdiction to award indemnity costs –
principles to be applied with respect to unmeritorious claims
considered – application for indemnity costs refused.
Collective Crane Hire Pty Ltd v ICR Steel Pty
Ltd [2021] VCC 132
CONTRACTS – building contract – payment claim
– whether defendant a party to the contract – whether
defendant a "person who is liable to make payment" under
the contract.
Building and Construction Industry Security of Payment Act 2002
(Vic) ss 4, 9, 10A, 10B, 12, 14(2), 15, 16(2) and 48; Civil
Procedure Act 2010 (Vic) s61.
Cases Cited: 3D Flow Solutions Pty Ltd v LTP Armstrong Creek Pty
Ltd [2018] VCC 674; SJ Higgins Ltd v The Bays Healthcare Group Inc
[2018] VCC 805; Grave v Blazevic Holdings [2010] NSWCA 324.
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.