In the media
Sustainability rating enters infrastructure
market
Tenix has been awarded Australia's first Infrastructure
Sustainability (IS) rating, achieving an "excellent"
rating level for the design of two sewage treatment plants at
Cannonvale and Proserpine in north Queensland (19 April 2013).
More...
New Australian standard: Electricity network safety
management systems
Standards Australia has announced the publication of a new
Australian standard for managing electricity network. The effective
management of vegetation in the vicinity of power-lines is a key
component of the standard, as it reduces the risk of disruption to
energy supply and the likelihood of catastrophic bushfire (19 April
2013).
More...
Land Sales Signal Inadequate Home Building
Recovery
The latest residential land update signals any new home building
recovery in 2013 will fall short of policy makers' expectations
and the requirements of Australia's population. The findings of
the latest Land Report are consistent with HIA's forecast for a
recovery in new residential construction in NSW and Western
Australia in 2013 (18 April 2013).
More...
Bradken appeals "bid-rigging"
verdict
Bradken Ltd is appealing a Federal Court judgment ordering it to
pay $US22.4 million ($21.7 million) in damages over alleged
"bid-rigging". Last month, the Federal Court of Australia
ruled against Bradken chairman and managing director in a case
brought by Pala Investments regarding the $217 million acquisition
of Norcast Wear Solutions (18 April 2013).
More...
New international standards make safety categories
obsolete
NHP Electrical Engineering Products informs that changing
international standards have rendered Safety Categories redundant
since the start of 2012. Though AS 4024.1 will eventually be
updated to reflect current international standards, AS 4024.1501
will remain unchanged for at least the next 3-4 years (18 April
2013).
More...
Australia set to be No.1 LNG Exporter
Federal Resources Minister Gary Gray has predicted Australia will
be the biggest liquefied natural gas (LNG) exporter in the world
within five years. Australia is ramping up production to meet
global demand for LNG with the International Energy Agency
predicting a 50 per cent rise in gas demand by 2035 (17 April
2013).
More...
James Hardie sued over NZ schools
Two subsidiaries of James Hardie Ltd are among a group of companies
facing the New Zealand High Court Action. James Hardie said the
ministry was "claiming weathertightness defects in relation to
several thousand New Zealand school buildings and is seeking repair
costs and unspecified and unquantified damages in relation to the
alleged defects" (17 April 2013).
More...
Tax loss incentive for designated infrastructure
projects
The Gillard Government has commenced public consultation on
exposure draft legislation for a new tax loss incentive for major
infrastructure projects. The new tax incentive is part of the
Government's ongoing commitment to promote private investment
in nationally significant infrastructure projects (18 April 2013).
More...
Exemption to work health and safety
regulation—protective structures on earthmoving
machinery
From 16 April 2013 persons with the management or control of earth
moving machinery at a workplace will be exempt from regulation 217
of the Commonwealth Work Health and Safety Regulations 2011(17
April 2013).
More...
Master Builders calls for RIS to assess Fair Work Act
changes
Master Builders calls on the Government to conduct a rigorous
Regulation Impact Statement (RIS) to assess the cost of a range of
changes proposed in the Fair Work Amendment Bill 2013 (17 April
2013).
More...
Combet moves to measure fugitive CSG
The Federal Government has moved to start overhauling the way
greenhouse gasses released into the atmosphere from highly
controversial coal seam gas (CSG) sites are measured and reported,
a move that could reshape the economics of the financially cheap
fuel (16 April 2013).
More...
Welcome progress on transmission network
reform
The Clean Energy Council Policy Director says the AEMC's views
on reforms to the way new generators connect to a transmission
network closely reflected the recommendations from the clean energy
industry, and should benefit all new large-scale power producers,
including solar and wind farms that need to connect to the grid(
(15 April 2013).
More...
Woodside confirms shelving of Browse
project
Woodside has completed its technical and commercial evaluation of
the proposed Browse LNG development near James Price Point and
determined that the development concept does not meet the
company's commercial requirements for a positive final
investment decision (12 April 2013).
More...
High Speed Rail right for Australia's
future
The release of the second and final phase of the Federal
Government's High Speed Rail Study should spur immediate action
to ensure that the long, straight corridors are protected for
future development, says Infrastructure Partnerships Australia (11
April 2013).
More...
High Speed Rail Report Released
Phase two of a feasibility study into a high speed rail network for
Australia's east coast has been released by the Australian
Government. The Department will be accepting feedback on the report
until 30 June 2013 (11 April 2013).
More...
Builders to establish trust fund accounts
Builders in New South Wales will have to establish trust fund
accounts for their projects to ensure subcontractors get paid if
they go under. It is one of the key recommendations of a review
into building insolvencies that the State Government is planning to
trial (18 April 2013).
More...
Planning White Paper good news for NSW
The New South Wales Government's Planning White Paper outlines
a sensible and prudent strategy to improve the efficiency of
project delivery across the state, says Infrastructure Partnerships
Australia (16 April 2013).
More...
Administrator appointed to National Buildplan
Group
The Administrator of the National Buildplan Group says it expects
to terminate 110 of the company's 180 workers in the coming
days. 50 projects, many with government organisations, will be
affected by the collapse of the company, which has offices in
Armidale, Tamworth, Newcastle and Port Macquarie, as well as in
Western Australia and Queensland (11 April 2013).
More...
NSW Government says CSG firms must convince
public
Miners need to do better in convincing the public that CSG
won't poison waterways, the NSW government says. Resources and
Energy minister Chris Hartcher said the CSG industry hasn't
been "as successful as it could have been in bringing the
community along with it" (11 April 2013).
More...
Owners corporations and developers agree on reforms for
the Home Warranty scheme for apartments
The Owners Corporation Network, the Urban Taskforce Australia and
the Property Council of Australia have agreed on a set of reforms
to the Home Warranty Scheme in NSW that will give owners and
builders more confidence about building quality and the resolution
of defects (09 April 2013).
More...
Predicted housing industry growth is right on target:
Queensland
Master Builders prediction of 28,000 dwelling commencements for the
2012–13 financial year appears to be right on target,
according to the latest figures from the Australian Bureau of
Statistics. Master Builders remains optimistic that housing
activity will improve across the state during 2013 (17 April 2013).
More...
Gas Commission to hold CCA register
The GasFields Commission will be asked to compile a confidential
register of Conduct and Compensation Agreements (CCA) between
landholders and the CSG industry in Queensland (17 April 2013).
More...
AG's report provides options to address
congestion
The release today of the Victorian Auditor-General's report
into traffic congestion highlights the need for a real and honest
public debate around how transport pricing, and projects, can help
to better manage congestion, says Infrastructure Australia (17
April 2013).
More...
Industry proposals sought for Fed Square
East
On Tuesday 30 April, Major Projects Victoria will initiate a public
expression of interest process to explore the options for
developing the rail lines at Federation Square East which lie
between the CBD and the Yarra River (11 April 2013).
More...
Port of Hastings funding boost
Premier Napthine has committed $110 million to the development of
the Port of Hastings. The money is to be spent over the next four
years and will fund the planning of the development including
establishing a business case, examining transport connection links
and enabling design works and environmental approvals (11 April
2013).
More...
Construction compensation claims hit $1b
Statistics released by WorkSafe show on average ten Victorian
construction workers suffer serious injuries at work every day. The
workers are injured badly enough to warrant a compensation claim
and the figures show claims have amounted to about $1 billion in
the past five years (10 April 2013).
More...
Cases
Construction, Forestry, Mining & Energy Union v Hume
Highway Constructions Pty Ltd & Anor [2013] FMCA
154
INDUSTRIAL LAW – Right of entry – hindering or
obstructing – refusing or unduly delaying. WORDS &
PHRASES – "Exercising rights" –
"refuse" – "unduly". More...
Australian Competition and Consumer Commission v
Prysmian Cavi E Sistemi Energia S.R.L. (No 5) [2013] FCA
294
TRADE PRACTICES – agreed antitrust contraventions –
agreed injunction, pecuniary penalty, and order for costs –
principles appropriate to order for pecuniary penalty. Viscas be
restrained, for a period of 3 years from the date of these orders,
from making any contract or arrangement or arriving at any
understanding with one or more competitors for the supply of land
cables to customers in Australia. More...
Gold and Copper Resources Pty Ltd v Newcrest Operations
Ltd [2013] NSWSC 345
Award plaintiff nominal damages; plaintiff to pay the
defendants' costs of the proceedings. DAMAGES - whether
plaintiff entitled to nominal damages for breach of contract. COSTS
- plaintiff successful on some issues but unsuccessful overall -
whether costs should follow the event. More...
Dymocks v Capral [2013] NSWSC 343
Plaintiff to recover against each defendant $764,545.45 and
interest. Cross-claims for contribution and costs to be reserved.
NEGLIGENCE - Duty of care - pure economic loss - where contract for
the provision of services by an architect the content of an
architect's duty of care informed by the nature and scope of
the retainer - duties in contract and tort co-extensive - plaintiff
entitled to select the most advantageous action.
NEGLIGENCE - Duty of care - pure economic loss - where no contract
for the provision of services by an architect - factors relevant to
establishing existence of duty of care include assumption of
responsibility, known reliance and reasonable forseeability of
economic loss.
EVIDENCE - witnesses - credibility - deleterious effect of the
effluxion of time on the reliability of witness testimony. More...
Abrahim v Parkview Constructions Pty Limited (No 2)
[2013] NSWSC 95
The first defendant is to pay 40% and the second defendant 60% of
the plaintiff's judgment of 23 November 2012. Torts -
negligence - joint tortfeasors - apportionment - liability of
builder and scaffolder for accident on building site- Law Reform
(Miscellaneous Provisions) Act 1946. More...
Mentech Resources Pty Ltd v MCG Resources Pty Ltd (in
liq) & Ors [2013] QCA 079
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS
– TITLES, RIGHTS, PERMITS, LICENCES AND LEASES ETC –
EXPLORATION TITLES – NATURE AND EXTENT OF INTEREST –
where the second respondents entered into two separate contracts
for the assignment of an exploration permit with the applicant and
the first respondent – where the applicant and first
respondent both lodged caveats pursuant to s 152 Mineral Resources
Act 1989 (Qld) to prevent ministerial approval being granted for
any further assignment – where both the applicant and first
respondent sought and were granted Land Court orders that their
respective caveats be continued until further order of the Land
Court – where both the applicant and first respondent
commenced Land Court proceedings seeking the removal of the
other's caveat and the specific performance of their respective
contracts with the second respondents – whether the Land
Appeal Court erred in finding that the first respondent had the
better equitable interest. CONTRACTS – GENERAL CONTRACTUAL
PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS
– INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS
– where the first and second respondents entered into a
contract for the assignment of an exploration permit – where
clause 3.1 of the contract contained a condition precedent to
completion – where the Land Appeal Court found that the
second respondent sellers were not entitled to terminate and thus,
the first respondent buyer had an equitable right to enforce the
contract – where the applicant contended that the Land Appeal
Court erred in so finding –whether the first respondent had
an obligation to notify the second respondents of its acceptance of
the s 31 Native Title Act Agreement within a specified time
pursuant to clause 3.1 – whether the first respondent's
rights depended on the fulfilment of a condition precedent in
clause 3.1 – whether the first respondent had an enforceable
interest in respect of an exploration permit at 30 March 2010. More...
Downing v Cipcon Pty Ltd & Anor (Domestic Building)
[2013] VCAT 344
Domestic Building List; domestic building contract; certain pages
omitted from standard form published by Master Builder's
Association for building additions or alterations; work incomplete
and exhibiting defect; departure from progress payment regime
stipulated in contract; builder refusing to complete work without
payment of additional money not referrable to progress of work or
stages in contract; builder found to have repudiated contract;
damages awarded against builder; allowability of claims for
variations; Domestic Building Contracts Act 1995 Section 38;
whether duty of care owed by principal of builder company to owner
to avoid pure economic loss; no duty of care; claim and contract
against builder company successful; claim against principal of
builder company in tort dismissed. More...
Legislation
Commonwealth
Work Health and Safety Exemption to Regulation
217
This instrument is made in accordance with regulation 684 of the
Work Health and Safety Regulations 2011 and exempts a group of
persons from complying with regulation 217 of the Work Health and
Safety Regulations 2011. Administered by: Education, Employment and
Workplace Relations- ( 16 April2013). More...
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