In the media
Is it time to double down on Australia's big
build?
As the country continues to shape its pandemic response,
infrastructure must remain on the agenda.
With the country in hibernation, Australian policymakers must not
be tempted to slow down on infrastructure. If anything, this may be
the perfect opportunity to stimulate the economy for a faster
recovery (17 April 2020). More...
Governments urged to fast-track construction projects as
COVID-19 robs tradies of work
Governments are being urged to fast-track infrastructure
projects to create jobs and support Australia's ailing economy.
But economists have cautioned policymakers against approving new
projects that offer little value to the community besides a
short-term lift in employment (17 April 2020).
More...
Master Builders Australia survey shows orders have
"fallen off a cliff"
A survey of builders and tradies around the country has
found new work could run out in the next few months if orders
don't pick up, with the home building sector is being hit
especially hard (17 April 2020).
More...
Maximising infrastructure investment to stimulate the
economy and deliver for communities
The Green Building Council of Australia
(GBCA) is ready to work with governments to
support these policies and maximise their benefits for communities
across Australia. This call to action outlines six recommendations
as a foundation for the GBCA, working in partnership with
government, to support our bounce back (16 April 2020).
More...
COVID-19: PM says Australia's construction industry
will help keep the economy running
Australian Prime Minister Scott Morrison has signalled he
wants construction to continue to be classified as an essential
service and considers the sector vital to the economy and jobs.
While construction continues to be classified as essential under
the Australian COVID-19 regime, work can continue on building sites
(09 April 2020).
More...
New South Wales
Fast-tracked planning system to support NSW
economy
The New South Wales Government will cut red tape and
fast-track planning processes through an acceleration program which
is likely to have important impacts on consent authorities and
proponents of development. The program's ambition is to keep
construction booming in New South Wales to support the state's
economic recovery (15 April 2020).
More...
Dodgy builders warned against exploiting coronavirus
construction push
The New South Wales Government says plans are in place to
ensure no "lessening of standards" in the sector while
seeking to push through development (15 April 2020).
More...
Extended construction hours to keep work going during
COVID-19
The New South Wales Government has introduced extended
operating hours for construction sites to support the industry
during the COVID-19 pandemic, with sites now able to operate on
weekends and public holidays (08 April 2020).
More...
Published - articles, papers, reports
ABCC industry update - April 2020 edition
The April edition of Industry Update features the latest
information from the ABCC in response to COVID-19: FAQs,
information on how to keep your worksite safe and more (15 April
2020). More...
Australian Bureau of Statistics
15 April 2020
Building Activity, Australia, Dec 2019 (cat no. 8752.0)
15 April 2020
Construction Activity: Chain Volume Measures, Australia, Dec
2019 (cat no. 8782.0.65.001)
Cases
Grocon (Belgrave St) Developer Pty Ltd v Construction
Profile Pty Ltd [2020] NSWSC
409
BUILDING AND CONSTRUCTION – Progress payments
– Whether payment claim claiming amounts paid under bank
guarantees is one for construction work or related goods or
services – Whether adjudicator can determine whether it has
jurisdiction to determine a claim – Whether set off clause in
construction contract void under s 34 Building and Construction
Industry Security of Payment Act 1999 (NSW) - Building and
Construction Industry Security of Payment Act 1999 (NSW), ss 5, 6,
8, 13 and 34.
Brolton Group Pty Ltd v Hanson Construction Materials
Pty Ltd [2020] NSWCA
63
BUILDING & CONSTRUCTION – appeals –
payment claim referred for adjudication – where available
reference date under construction contract – Building and
Construction Industry Security of Payment Act 1999 (NSW) –
where adjudicator determined entitlement to payment claim by
reference to an unavailable reference date – jurisdictional
error – where available reference date under contract not the
reference date addressed by the adjudicator – whether
adjudication determination also involved a denial of natural
justice
Adcon v Icon [2020] VSC
165
PRACTICE AND PROCEDURE – Injunctive relief –
Building subcontract – Application to restrain proprietor
from calling on bank guarantees – Serious issue to be tried
– Consideration of whether appropriate to decide contract
interpretation question as if on a final basis – Proper
approach – Balance of convenience – Application for
injunction dismissed.
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