In the media
Sydney and Melbourne extend construction sites
hours
Work hours on construction sites in New South Wales and
the City of Melbourne are being extended in a bid to support the
industry during the coronavirus pandemic (02 April 2020).
More...
HIA: Strong Growth in Building Approvals until the End
of February 2020
Building approvals increased by 3.9 per cent in the three
months to February 2020 compared to the previous three months,
providing further evidence that the housing market was accelerating
into 2020," stated HIA Economist (01 April 2020).
More...
MBA: National campaign launched to promote social
distancing on building sites
A national advertising campaign has been launched to
promote social distancing and strict hygiene on the nation's
building sites (01 April 2020).
More...
Building industry seeks payment reform to ensure
survival
The building and construction industry is in danger of
collapsing unless emergency measures to address payment delays and
non-payments, such as those already in use by the real estate
sector, are put in place. That's the message from
Australia's leading SME trade subcontractors, peak industry
bodies, security of payments laws reviewers, advocates and builders
(01 April 2020).
More...
Reshaping communities in the wake of the pandemic
The COVID-19 crisis could spur governments, urban planners
and developers to think more seriously about creating healthier,
resilient, self-sufficient, attainable and liveable communities in
2021 and beyond (01 April 2020) .
More...
New South Wales
Commitment to the Infrastructure and Construction Sector
welcomed
The New South Wales Government's continued commitment
to the infrastructure and construction sector in the face of the
ongoing impacts of the coronavirus pandemic has been welcomed by
Infrastructure Partnerships Australia's Chief Executive, Adrian
Dwyer, and should be mirrored across the country (26 March 2020).
More...
Jobs boost through fast-tracked planning process
The New South Wales Government will cut red tape and
fast-track planning processes to keep people in jobs and the
construction industry moving throughout the COVID-19 crisis (03
April 2020).
More...
Victoria
Maintaining health and safety on construction sites and
other premises
Construction sites and plumbing services are exempt from
the Stage 3 restrictions announced by the Victorian Government, but
social distancing requirements and good hygiene practices must be
followed at all times (31 March 2020).
More...
Victorian government announces $1.7 bn support
package
The Victorian government has announced it will provide a
$500 million fund to help public infrastructure workers find work
as part of a $1.7 billion package to save jobs (23 March 2020).
More...
Published - articles, papers, reports
Australian Bureau of Statistics
01/04/2020
Building Approvals, Australia, Feb 2020 (cat no. 8731.0)
25/03/2020
Engineering Construction Activity, Australia, Dec 2019 (cat no.
8762.0)
Practice and courts
Building construction and maintenance procurement
guidance for buyers
You need to continue to perform your procurement
obligations in line with your agency's procurement decision
matrices, policies and procedures, and the conditions of tender (01
April 2020).
More...
Department of Housing and Works: Sign up to get paid
faster
We're supporting small business by reducing payment
time frames for our small business suppliers in the On-Time Payment
Policy. From 1 July 2020, small business suppliers will get paid
within 20 days, instead of the standard 30 days for valid,
undisputed invoices of any value. More...
Victoria
VBA: Resources for managing health and safety on
site
The State Government has issued a
best-practice document for managing large building and
construction sites in the COVID-19 environment. Industry
professionals are encouraged to review this guidance and implement
appropriate measures on site to help reduce the spread of COVID-19
in the construction industry.
Further guidelines for large sites, developed by a working party of
trade unions and industry associations, are available from
Master Builders (31 March 2020).
Cases
Queensland
Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty
Ltd t/a CCA Winslow & Ors [2020] QSC
51
ORDERS AND DECLARATIONS:1.The purported decision of the
second respondent dated 24October 2019 is void.
2. The second respondent is not entitled to be paid any fees or
expenses for or in relation to the adjudication which is the
subject of this proceeding.
3. The second respondent is to refund to the first respondent all
monies paid to him by the first respondent in connection with the
adjudication which is the subject of this proceeding.
21On 29 October 2019 the second respondent purported to
deliver an adjudication decision pursuant to the Building Industry
Fairness (Security of Payment) Act 2017 (BIFA).
Victoria
Thomas v Victorian Building Authority
[2020] VSC 150
JUDICIAL REVIEW AND APPEALS - Application for judicial
review - Decision to refuse consent for application to surrender
building registrations pursuant to s 173B of the Building Act 1993
(Vic) - Where disciplinary action on foot related to use of
combustible cladding - Whether decision made for improper punitive
purpose - Whether manifestly excessive - Grounds not established -
Decision to issue a show cause notice under s 182 - Whether
decision issued without jurisdiction - Whether Authority seeking to
apply current form of legislation to acts occurring when a
different regulatory regime in place - Whether liabilities or
rights affected - Contrary intention appears in any event -
Application dismissed - Building Act 1993 (Vic) ss 173B, 178, 179,
182, sch 8 cl 4 - Interpretation of Legislation Act 1984 (Vic) s
14(2).
Siemens Gamesa Renewable Energy Pty Limited v Bulgana Wind
Farm Pty Ltd [2020] VSC
126
CONTRACT - Whether ambiguity is a requirement for
admissibility of surrounding circumstances - Written contract was
ambiguous - Whether construction resulted in a commercial nonsense
- Whether Court should weigh the commerciality of the agreement in
construing terms - Absurdity not established - Whether negotiations
were relevant for the purpose of determining the subject matter of
the contract - The 'true rule' in Codelfa Construction Pty
Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337
considered.
PERFORMANCE SECURITIES - Whether the terms of the agreement between
the parties prevent the defendant from calling on performance
securities lodged under a construction contract - Whether such
agreement unenforceable by reason of tri-partite finance
agreement.
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.