In the media
Report card reveals infrastructure failing to keep
pace
The Regional Economic Development Corporation says more government
investment is needed to ensure infrastructure demands are met (03
May 2013).
More...
Building approvals slide in March
Building approvals fell against expectations of a rise in March,
according to the Australian Bureau of Statistics. ABS data showed
the number of buildings approved decreased a seasonally adjusted
5.5 per cent to 12,599 during the month (02 May 2013).
More...
Engineering projects approach peak:
report
Spending on big engineering projects feeding off the mining boom
is at its peak and investment will not reach current levels until
late next decade. A BIS Shrapnel report released today said miners
dropping and delaying major projects was creating a long-term
decline in engineering work across the country (29 April 2013).
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A new deal for urban infrastructure
The Urban Coalition today launched a plan,
A New Deal for Urban Australia, which calls for positive
leadership and recommends the establishment of an Urban
Infrastructure Fund to meet a backlog of more than $500 billion in
infrastructure needs for Australian cities (02 May 2013).
More...
Developer $30m in red after collapse
Developer National Buildplan Group collapsed owing more than $30
million to lenders, employees, tradies and suppliers. The
family-owned company, which had offices NSW, Queensland and Western
Australia, was placed into administration in early April after a
failed bid to restructure and recapitalise the NSW-based firm (01
May 2013).
More...
Planners call for new fund to clear $500b infrastructure
backlog
Australia's peak planning body, the Planning Institute of
Australia, has thrown its weight behind an ambitious bid to
establish a new "Urban Infrastructure Fund" that aims to
garner substantial institutional and retail financial investment to
kick-start $500 billion in sorely needed projects (03 May 2013).
More...
John Holland awarded $110 million Defence building
project
John Holland has been awarded the contract to deliver the $110m
Robertson Barracks Defence Logistics Transformation Program (DLTP),
Works Package 4 for the Department of Defence in the Northern
Territory (30 April 2013).
More...
Expert operators shortlisted for North West Rail
Link
The shortlisting of two bidders to move to the detailed tender
phase for the North West Rail Link PPP shows welcome progress on
the nation's largest public transport PPP, says Infrastructure
Partnerships Australia. MTR and Serco, the two shortlisted
operators, have global and Australian experience in delivering
passenger transport services (01 May 2013).
More...
Woodside tie-up points to floating LNG
Woodside Petroleum has announced a tie-up with oil giant Shell in
a move which appears to firm up floating liquefied natural gas as
Woodside's preferred option to develop its massive Browse gas
resource (30 April 2013).
More...
Australia's exposure to the carbon bubble Media
Release
Australian and overseas investments in Australian coal resources
rest on a speculative bubble that ignore their impact on global
carbon budgets and their exposure to rapid devaluation, a joint
report released today by The Climate Institute and the Carbon
Tracker Initiative finds (29 April 2013).
More...
Base metal slump threatens more jobs
A slump in base metal prices across the board is raising concerns
of more job cuts in the mining sector. Primary imports researcher
Jonathan Barratt says gold and silver prices are also depressed,
but precious metal activity is unrelated to the base metal sector
(25 April 2013).
More...
Shale mining under Great Barrier Reef 'likely to be
banned'
Mining shale oil under the Great Barrier Reef is likely to be
banned by Australia's federal Labor government as tensions rise
over the environmental impact of the booming oil and gas industry
on the coastline beside the reef (25 April 2013).
More...
Review of the Benchmarks for Industry-Based Customer
Dispute Resolution Schemes
The Assistant Treasurer has released Terms of Reference for the
Commonwealth Consumer Affairs Advisory Council's (CCAAC) Review
of the Benchmarks for Industry-based Customer Dispute Resolution
Schemes (24 April 2013).
More...
Building rules reforms save $1 billion a year, says
Australian Building Codes Board
The Australian economy is gaining $1.1 billion economically a year
as a result of building regulation reform, a review commissioned by
the Australian Building Codes Board (ABCB) has found (22 April
2013).
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Watpac heads key regional infrastructure
project
The Watpac building group has been appointed the sole contractor
of the multi-million dollar Port Macquarie Base Hospital expansion
(03 May 2013).
More...
Court ruling exposes Tinkler to
litigation
Nathan Tinkler can now be sued by liquidators after the NSW
Supreme Court approved a funding agreement between Blackwood and
the liquidators of one of his failed companies, Mulsanne Resources
(30 April 2013).
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Bauxite mine set to go ahead in QLD's far
north
The development of a bauxite mine in Queensland's Cape York is
set to go ahead with five firms short-listed to detail proposals
for the venture (24 April 2013).
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New funding needed as Bruce bidding
starts
Transport and Main Roads Minister Scott Emerson will review
commitments from Federal Government to identify any new funding
required to kickstart important projects. New funding would allow
work to progress on some of the 25 additional projects highlighted
in the Bruce Highway Action Plan (24 April 2013).
More...
Funding Confirmed for Major Road and Freight
Improvements
New overtaking lanes are planned in the vicinity of 32 kilometres
north of Moree, northbound, 19 kilometres north of Jerilderie,
northbound, 58 kilometres north of Jerilderie, southbound and 15
kilometres north of Parkes, southbound (May 2013).
More...
Easier More Direct Access to Western Highway For Bacchus
Marsh
The Federal Labor Government has agreed to provide $7.6 million
towards the construction of new on and off-ramps from Halletts Way
to the Western Highway at Bacchus Marsh, subject to the Victorian
Government contributing the balance of the required funding (01 May
2013).
More...
Port of Melbourne set to expand capacity and
competition
Minister for Ports David Hodgett welcomed today's news, from
the Port of Melbourne Corporation, announcing a shortlist of
bidders to build and operate Melbourne's third international
container terminal. The $1.6 billion Port Capacity Project is a
critical infrastructure project (01 May 2013).
More...
John Holland to be part of alliance for Mitcham Road and
Rooks Road Rail Separation contract
John Holland has been selected by the Victorian Government to
deliver the Mitcham Road Rooks Road Rail Separation Project in an
alliance with VicRoads, Metro Trains Melbourne, KBR and Public
Transport Victoria (01 May 2013).
More...
Construction set to begin on level crossing
removals
Major works to remove three of Victoria's most notorious rail
level crossings are set to begin shortly with Premier Denis
Napthine and Minister for Roads Terry Mulder awarding construction
tenders for the projects today (30 April 2013).
More...
Victorian Government overhauls PPP model
The Victorian Treasurer's overhaul of the State's Public
Private Partnership frameworkoffers the opportunity to
fundamentally change public service delivery to drive better
outcomes for the community, while freeing up wasted money to help
fund the State's infrastructure backlog (01 May 2013).
More...
Victoria increases First Home Owner Grant
The Victorian Government has announced an increase to the First
Home Owner Grant and stamp duty cuts for people purchasing new
homes (28 April 2013).
More...
Published – articles, papers, reports
Australia's carbon bubble (80) report
2013
Author: British-based Carbon Tracker Initiative and the Australian
Climate Institute
A report finds investments in new Australian coal, oil and gas
projects are being made without regard to risk that they will later
be devalued as the world moves to cut emissions. The report says
companies listed in the top 200 on the Australian stock exchange
spend $5.7 billion a year developing and replacing coal reserves
(April 2013).
More...
Survey of Industry Conditions
Author: Master Builders
In the March 2013 quarter, the strongest performers were the
Darling Downs & South West Queensland and Mackay &
Whitsunday regions (May 2013).
More...
Building Approvals March 2013
Author: Australian Bureau of Statistics
The total number of dwellings approved seasonally adjusted in
March 2013 fell 5.5 per cent, with private sector houses rising 0.4
per cent and 'other dwellings' including units, townhouses
and apartments falling 8.3 per cent (02 May 2013).
More...
In practice and courts
Review of the Benchmarks for Industry-Based Customer
Dispute Resolution Schemes
The Benchmarks guide effective practice for those industry sectors
with schemes to resolve disputes between their industry members and
individual consumers. The Terms of Reference and issues paper are
available at http://ccaac.gov.au/ Interested
stakeholders are invited to comment by 24 May 2013 (24 April 2013).
More...
Construction safety conference
The event is set to be Asia-Pacific's first and biggest
construction safety conference, to be held 1 to 2 June 2013 (with a
pre-conference workshop 31 May).
More...
Cases
Anderson Street Banksmeadow Pty Ltd v Helcon Contracting
Australia Pty Ltd [2013] NSWSC 491
BUILDING AND CONSTRUCTION - whether adjudication determination
void - breach of natural justice - decision on basis not
foreshadowed to the parties - Adjudication determination void
Building and Construction Industry Security of Payment Act 1999.
More...
Cranbrook School v JA Bradshaw Civil Contracting [2013]
NSWSC 430
Declare void and quash adjudication determination; ancillary
orders to be made.
BUILDING AND CONSTRUCTION - construction contracts - Building and
Construction Security of Payment Act 1999 (NSW)- meaning of
"construction contract" - where no contract between the
owner and subcontractor - whether there was an
"arrangement" within the meaning of the Act.
Building and Construction Industry Security of Payment Act 1999
(NSW); Supreme Court Act 1970 (NSW). More...
The Owners - Strata Plan No. 69567 v Baseline
Constructions Pty Ltd (in external administration) [2013] NSWSC
409
Plaintiff entitled to statutory warranties. BUILDING AND
CONSTRUCTION - Home Building Act 1989 - statutory warranties -
whether owners corporation entitled to statutory warranties -
liability of non-contracting owner to immediate successor in title
- whether second defendant was the party "on whose
behalf" the "residential building work" was done for
the purposes of the Act - Home Building Act 1989; Home Building
Amendment 2011; Home Building Amendment (Warranties and Insurance)
Act 2010. More...
Maxstra NSW Pty Ltd v Blacklabel Services Pty Ltd [2013]
NSWSC 406
BUILDING AND ENGINEERING CONTRACTS - Building and Construction
Industry Security of Payment Act 1999 - challenge to adjudication
determination - claim for work either as variation or on quantum
meruit - allegation that amount claimed is within the contract
price - not a matter raised in payment schedule and inconsistent
with contractual documents - allegation of denial of procedural
fairness and error of law - no error of law involved in
determination - alleged denial of procedural fairness had no
practical impact - no jurisdictional error - Building and
Construction Industry Security of Payment Act 1999. More...
Creative Building Services v Jolene Investments [2013]
NSWSC 391
Adopt referee's report. Judgment for plaintiff accordingly
with costs.
BUILDING AND CONSTRUCTION - construction contracts - whether
compliance with a contractual mechanism for claiming progress
payments formed a condition precedent for payment of the entire
contract sum. Building and Construction Industry Security of
Payment Act 1999 (NSW); Civil Procedure Act 2005 (NSW); Home
Building Act 1989 (NSW); Uniform Civil Procedure Rules. More...
Williams v Concreting Services Pty Ltd [2013] NSWSC
366
CONTRACT - identification of counterparty to a contract or
arrangement. BUILDING AND CONSTRUCTION - adjudication - work done
pursuant to construction contract - whether determination void -
jurisdictional error- Building and Construction Industry Security
of Payment Act 1999; Environmental Planning and Assessment
Regulation 2000. More...
Class Electrical Services v Go Electrical [2013] NSWSC
363
Declare determination void and order that it be quashed.
Building and Construction - Building and Construction Security of
Payment Act 1999 (NSW)- meaning of "construction
contract" for the purposes of the Act - whether undertaking to
supply related goods under an arrangement. Building and
Construction - Construction Contracts - Adjudication of payment
claims - whether claim in respect of one contract - Building and
Construction Industry Security of Payment Act 1999 (NSW). More...
Sedgman South Africa (Pty) Limited & Ors v Discovery
Copper Botswana (Pty) Limited [2013] QSC 105
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION
OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where parties
entered into general conditions of contract published by
International Federation of Consulting Engineers for EPC/Turnkey
Projects, 1st Edition 1999 – where applicants claims they are
entitled to an interim payment under the contract – where
applicants argue interim payment due because respondent failed to
respond to notice within contractually stipulated time –
where respondent argued failure to respond to notice did not of
itself entitle applicants to interim payment – whether proper
construction of contract entitles applicants to interim payment
upon failure of respondent to respond to notice within
contractually stipulated time. ARBITRATION – CONDUCT OF
ARBITRATION PROCEEDINGS GENERALLY – TERMINATION OR STAY OF
ARBITRATION PROCEEDINGS – where respondent seeks stay of
application under s 7(2) of the International Arbitration Act 1974
(Cth) – where contract provides for preliminary dispute
resolution procedure to be exhausted before referral to arbitration
– whether stay should be ordered under s 7(2) of the
International Arbitration Act 1974 (Cth). More...
McCarthy t/a PJ McCarthy Commercial and Residential
Builders v The State of Queensland [2013] QDC 079
APPLICATION – summary judgment – application dismissed
- statutory debt - Building and Construction Industry Payments Act
2004 (QLD) – section 19 - Uniform Civil Procedure Rules 1999
(QLD) – rule 292 – whether payment claim valid –
progress payments – where no reference date specified under
contract – where contract provided time for making payments
was 'monthly' – where alleged multiple payment claims
made in relation to earlier reference dates - whether a real
prospect of defending a claim - whether no need for a trial –
where plaintiff ought to be put to strict proof of his claim. More...
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.