In the media
World-wide fire safety initiative launched
The initiative, titled Decade of Action for Fire Safety
2022-2032, aims to ensure an internationally consistent approach to
the safety and management of buildings and infrastructure as well
as further saving lives reducing risk and preventing devastating
fires (13 October 2021).
More...
Public infrastructure projects at risk of COVID-induced
skilled labour shortage, report finds
Government investment in bridges, roads and railways is
expected to double in coming years, but a new report has warned the
spending blitz could be undermined by one of the worst skills
shortages in decades, according to Independent advisory group
Infrastructure Australia (13 October 2021).
More...
First Infrastructure Market Capacity report reveals
surge in demand for skills, labour, plant and materials
Infrastructure Australia has published its first
Infrastructure Market Capacity report, forecasting a surge in
demand for skills, labour and materials due to the rapid increase
in public infrastructure investment (13 October 2021).
More...
New home sales strengthen in September
Sales of new detached houses increased by 2.3 per cent in
September compared to the previous month," stated HIA
Economist Tom Devitt. In the six months from April to September,
New Home Sales were 9.3 per cent above the same period in 2019 and
0.8 per cent above the same period in 2018 (12 October 2021).
More...
Global building leaders call for faster net-zero
emissions transition ahead of COP26
The Australian Institute of Architects is joining more
than two dozen global built environment peak bodies and over 60 of
the largest and most influential building industry firms around the
world to challenge government leaders in the lead up to COP26 (11
October 2021).
More...
Cement and concrete industry targets net zero by
2050
In a statement released jointly by Cement, Concrete &
Aggregates Australia and the Cement Industry Federation, the
industry has committed to working towards decarbonising cement and
concrete in the construction supply chain, and declared its
ambition to deliver net zero carbon cement and concrete to
Australian society by 2050 (11 October 2021).
More...
Clever construction is key to Australia's biggest
builds
When it comes to delivering large-scale,
multimillion-dollar projects, the steel and timber shortage needs
to be expertly managed, with the use of innovative technologies and
careful supply chain coordination (07 October 2021).
More...
Committee to examine 10-year pipeline for Australian
infrastructure projects
On Tuesday the standing committee on infrastructure,
transport and cities will hear about the challenges and
opportunities facing the construction industry to deliver
government infrastructure projects over the next decade (04 October
2021).
More...
Electricity given power to energise market
Major reforms have been introduced to the National
Electricity Market to improve market efficiency, competition and
consumer benefits. Chief Executive of the AEMO, Daniel Westerman
said the reforms included Five Minute Settlements, Wholesale Demand
Response and two-day retail switching (04 October 2021).
More...
Construction loans remain elevated in August
The number of loans for the construction of a new dwelling
fell by 4.9 per cent in August but remains elevated compared to
pre-COVID levels," stated HIA Economist, Tom Devitt. This will
ensure a solid pipeline of home building work and associated
employment well into the second half of 2022 (01 October 2021).
More...
New South Wales
New South Wales hydrogen strategy to drive investment,
create jobs and power prosperity
NSW is set to attract more than $80 billion of investment,
drive deep decarbonisation and establish itself as an energy and
economic superpower with the launch of the NSW Hydrogen Strategy
(13 October 2021).
More...
Three companies shortlisted for New South Wales Coffs
bypass construction
CPB Webuild Joint Venture, Acciona Seymour Whyte Joint
Venture and Gamuda Ferrovial Joint Venture have been selected to
take part in the tender process, which will be finalised by the end
of 2021, with the successful contractor to be announced mid-2022
(12 October 2021).
More...
Queensland
Queensland's construction pipeline to reach $62
billion
According to the latest Queensland Major Projects Pipeline
report, the value of the state's major construction and
engineering future is expected to reach $62 billion across the next
five years. The report, released by the Queensland Major
Contractors Association, found that the value has grown by almost
25 per cent in the last 12 months (14 October 2021).
More...
Not just the principal contractor's responsibility:
Falls through penetrations
It's not always the responsibility of the principal
contractor on a construction site to manage the risk of falls,
particularly the risk of falls through penetrations (13 October
2021).
More...
Gold Coast Airport expansion to kick start international
travel
The three-level, 30,000m² terminal expansion at the
Gold Coast Airport will prepare the region to reopen its borders,
with plans for the terminal to open in 2022. The terminal expansion
will double the floor size of the existing terminal, and includes
four glass aerobridges, additional retail space and a large
departure lounge (12 October 2021).
More...
$6.9 million to make the case for new water
infrastructure in Queensland's north
Projects to get more water to farmers and
horticulturalists in the north and create more jobs in agriculture
will be investigated thanks to an investment from the Morrison
Joyce Coalition Government (12 October 2021).
More...
Central Queensland leads the way in clean energy
The Palaszczuk Government and Rio Tinto have signed a
statement of cooperation to seize the opportunities presented by
clean energy and make Central Queensland an industrial and
renewable energy powerhouse (12 October 2021). More...
$32 million for Townsville City deal
Funding from Federal, State and Local Governments in
Queensland has been announced to support the Townsville City Deal,
a 15-year agreement to support the development of community
infrastructure (05 October 2021).
More...
Victoria
Victoria recycled plastic noise walls specification
approved
Victorians will soon reduce traffic noise and plastic
waste after a new specification to allow recycled plastic noise
panels was approved. The game-changing specification follows the
successful installation of the world's first 75 per cent
recycled plastic noise panels on the Mordialloc Freeway project (13
October 2021).
More...
VBA welcomes new Commissioners
The Victorian Building Authority (VBA)
has welcomed four new Commissioners appointed to the building and
plumbing regulator's Board. New appointees to the VBA Board
include Dr Gillian Sparkes AM, Thu-Trang Tran, Murray Coleman OAM
and Simon Weir (12 October 2021).
More...
First look – new Victoria train stations to create
jobs, ease congestion
Designs for two new Pakenham and East Pakenham stations
have been revealed as part of a project to extend the metropolitan
rail track and build in a growing area of Melbourne. Architecture
firm, Genton, is working to develop the modern stations, with the
design of Pakenham Station reflecting the character of the suburb
(12 October 2021).
More...
Construction contracts awarded for Victoria road
upgrades
Contracts have been awarded for the construction of two
major road upgrades in Melbourne's south east, set to improve
safety and traffic conditions for drivers. Symal Group will build
the Narre Warren North Upgrade, while Negri Contractors have been
selected to deliver the South Road Upgrade (08 October 2021).
More...
Victorian construction businesses to receive cash
grants
The Victorian Government is backing construction
businesses most affected by lockdown restrictions with a $196.6
million package of cash grants for thousands of operators as the
industry prepares to reopen (02 October 2021).
More...
Practice and courts
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 at ncc.abcb.gov.au
If you have any questions regarding the delayed adoption of NCC
2022, please submit an
online enquiry.
New South Wales
Renewable energy and regional cities
Notification start-end date 13/09/2021 –
11/10/2021
The Infrastructure SEPP sets out the planning rules and controls
for infrastructure in NSW. As part of these ongoing improvements,
the NSW Government has proposed changes to the rules for where
renewable energy projects can be built.
More...
Infrastructure grants program opens
To be eligible for funding, applications must meet
eligibility conditions including, the project location, the
applicant and project benefit, purpose and development status.
There is also a requirement for local government applicants to
match funding. Applications are open from 1 November to 22 November
2021.
More...
Queensland
Draft State Infrastructure Strategy
The Property Council has provided feedback on the Draft
State Infrastructure. In the submission, the Property Council
reinforces the importance of delivering crucial infrastructure to
maximise the opportunity presented by the 2032 Olympic Games. To
read the submission, please click
here (October 2021).
Reminder: Building Industry Fairness (Security of
Payment) and Other Legislation Amendment Act 2020
To advise that the commencement of section 125A of the
Building Industry Fairness (Security of Payment) and Other
Legislation Amendment Act 2020 has been postponed. As a result of
the regulation, section 125A will not commence until late July
2022.
More...
Build-to-Rent update – approved
projects
The Queensland Government has approved two Brisbane-based
affordable housing projects by developers following a Request for
Detailed Proposals from shortlisted applicants from the Expression
of Interest Phase of the Pilot Project. It is anticipated
construction will commence mid-2021 following the finalisation of
designs for the projects, with operations expected to commence in
2023.
More...
Victoria
VBA: Make sure your pool is safe for summer
The Victorian Building Authority (VBA) is
warning homeowners looking to install pools and pool fencing to
check their tradespeople are registered. The warning follows
reports of tradespeople building pool fences and installing pools
without qualifications or appropriate registration (08 October
2021).
More...
VBA: Carpenters selected for first stage of trades
registration
Carpenters will be the first group of trades registered
under Victoria's recently developed trades registration
framework. Provisional registration and licensing for carpenters is
expected to commence in mid-2021. For more information and answers
to frequently asked questions, refer to the
Engage Victoria website.
Cases
Queensland
Ausipile
Pty Ltd v Bothar Boring and Tunnelling (Australia) Pty
Ltd [2021] QCA 223
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – REMUNERATION – STATUTORY REGULATION OF
ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – PAYMENT
CLAIMS – where the appellant and respondent entered a
subcontract agreement to design and construct a secant pile launch
shaft – where the respondent hired a crawler crane from the
appellant to complete works under the head contract – where
the appellant applied for judgment pursuant to s 78(2)(a) of the
Building Industry Fairness (Security of Payment) Act 2017 (Qld) to
recover amounts owing under a payment claim but the application was
dismissed – whether the variation in relation to the hire of
the crawler crane related to a contract other than the subcontract
– whether the payment claim contained claims in relation to
two contracts – whether the payment claim was void for the
purpose of the Building Industry Fairness (Security of Payment) Act
2017 (Qld)
CONSUMER PROTECTION – MISLEADING OR DECEPTIVE CONDUCT OR
FALSE REPRESENTATIONS – CHARACTER OR ATTRIBUTES OF CONDUCT OR
REPRESENTATION – SILENCE AND NON-DISCLOSURE – where the
respondent sent the appellant a letter stating that it would
withhold further payment claims "as discussed" –
where the appellant did not respond to the letter – whether
the appellant's silence was misleading or deceptive or likely
to mislead or deceive. Building Industry Fairness (Security of
Payment) Act 2017 Qld s 67, s 68, s 69, s 70, s 75, s 76, s 77, s
78, s 100.
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.
