In the media
Builders call for coronavirus action
Australian Construction Industry Forum says efforts are
needed to ensure that the threat to building projects is mitigated
to the greatest possible extent (05 March 2020).
More...
Infrastructure can lay the foundations for
Australia's net zero emissions future
Infrastructure will play a critical role in supporting
Australia's transition to net zero emissions, according to a
new paper. Infrastructure contributes around 70 per cent of
Australia's annual greenhouse gas emissions, according to the
Issues Paper (04 March 2020).
More...
Read the Issues Paper: Reshaping Infrastructure for a net zero emissions future
Australia's construction sector must restore
trust
As 2020 begins, the general lack of confidence in the
building and construction sector lingers from previous years.
That there is a persistent crisis of confidence in the sector is not in dispute but what has been hotly debated is the reason why and what to do about it (02 March 2020). More...
Infrastructure Australia's 2020 Priority List
welcomed
The Australian Government has welcomed the release of
Infrastructure Australia's (IA) 2020 update to its
Infrastructure Priority List, which reaffirms the Government's
delivery of the infrastructure Australia needs and deserves (26
February 2020).
More...
New South Wales
New South Wales Government announces scoping study into
options for residual stake in WestConnex
The New South Wales Government announced a scoping study
into the future ownership of the State's 49 per cent stake in
WestConnex (06 March 2020).
More...
New South Wales North Coast concrete plant fined $15,000
for water pollution incident
A North Coast concrete batching plant that allegedly
discharged cement slurry into a drain that flows to the Clarence
River has been fined $15,000 by the NSW Environment Protection
Authority (EPA) (27 February 2020).
More...
Supporting the tradies of the future
Premier Gladys Berejiklian has announced a Review of the
system to be led by Mr David Gonski AC and Professor Peter Shergold
AC. The Review will report to the NSW Government by July 2020 (25
February 2020).
More...
Queensland
Funding boost awarded to building materials
researchers
Two University of Southern Queensland
(USQ) researchers, whose work is said to have the
potential to revolutionise manufacturing, have been awarded a total
of $480,000 in Advance Queensland Industry Research Fellowship
funding to help drive their research into materials innovations (04
March 2020).
More...
Next M1 upgrade between Burleigh and Tugun
revealed
Gold Coasters are getting their first look at what the
next major M1 upgrade between Varsity Lakes and Tugun will look
like after completion of the current upgrade over coming months (04
March 2020).
More...
Interest now open for Spit tourism and hospitality
sites
The Palaszczuk Government has commenced the second
expression of interest process for development sites on the iconic
Gold Coast Spit (28 February 2020).
More...
Victoria
Major construction begins on new overtaking lanes
The Andrews Labor Government is making the drive between
Colac and Camperdown safer, with major construction commencing on
two new overtaking lanes on the Princes Highway at Weerite (06
March 2020).
More...
Victorian home buyers protected from unfair
practices
The Material Fact Guidelines state that a vendor or their
agent must disclose all known material facts, as soon as a
prospective buyer indicates they are considering purchasing the
property, including the existence of flammable cladding or asbestos
(01 March 2020).
More...
Published - articles, papers, reports
Reshaping infrastructure for a net zero emissions
future
Infrastructure Sustainability Council of Australia,
ClimateWorks Australia, Australian Sustainable Built Environment
Council
Infrastructure Sustainability Council of Australia: 05 March
2020
This issues paper illustrates the influence infrastructure assets
have on Australia's greenhouse gas emissions and sets out
opportunities to prioritise emissions reductions towards achieving
net zero emissions in the planning, designing, building and
operation of infrastructure. More...
Infrastructure priority list: project and initiative
summaries 2020
Infrastructure Australia: 26 February 2020
The Infrastructure Priority List is the authoritative guide to the
priority infrastructure investments Australia needs to secure a
sustainable and prosperous future. The list has a strong record of
driving national investment and has become a key reference point
for governments at all levels. More...
Australia Bureau of Statistics
03/03/2020
Building Approvals, Australia, Jan 2020 (cat no. 8731.0)
Practice and courts
ABCC e-alert: Australian Government releases Building
Code discussion paper
The Australian Government has released the Code
Discussion Paper for the Code for the Tendering and Performance of
Building Works 2016. The Attorney-General's Department is
inviting written submissions on the Code's operation and
potential areas where it could be strengthened to ensure it remains
fit for purpose. Submissions can be made to the
Attorney-General's Department here. The closing date
for submissions is 3 April 2020 (18 February 2020).
More...
New NatHERS certificate to be rolled out by 30 April
2020
A new NatHERS certificate will soon come into use as
software tools transition to Chenath Engine version 3.21.The new
NatHERS certificate has been developed after significant
consultation with industry users and will replace the previous
"universal certificate" for all new assessments from 1
May 2020.
More...
Green Building Council of Australia (GBCA) draft
credits
GBCA have introduced eight categories to more accessibly
define a building's sustainability. Within these categories
there are a number of draft credits that all buildings seeking a
Green Star rating are expected to comply with: these are proposed
as new Minimum Expectations for every Green Star rated building.
Feedback is invited until the end of February 2020. More...
RICS UN backed global standard
RICS is chairing the development of the International Fire Safety
Standard and it follows previous RICS work to bring consistency
to the standards people can expect globally across property,
construction and valuation. The International Fire Safety Standards
will be
open for global consultation until 23 March with the final
international standard to be published later in 2020.
RICS Building Confidence Conference 2020
The Building Confidence Conference is RICS' flagship
event that puts a spotlight on the role of Chartered Surveyors,
engineers, architects and contractors in the built environment,
will be held in Sydney, August 2020.
More...
Victoria
Engagement begins for engineers' registration
scheme
The new Professional Engineers Registration Act 2019 will
initially require structural, civil, mechanical, electrical and
fire safety engineers to be registered. The scheme is due to
commence from 1 July 2021 and has been designed to include other
engineering disciplines over time. Public consultation will occur
via Engage
Victoria in the first half of 2020. Victorians can get updates
on the professional engineers' registration scheme, and
proposed timelines, on Engage
Victoria.
Proposed Electricity Safety (Electric Line Clearance)
Regulations 2020
ESV invites interested parties to make comments on the
regulatory impact statement and proposed Regulations including any
proposed fees. Submissions must be received by 6 March 2020.
More...
Cases
New South Wales
Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty
Ltd [2020] NSWSC 178
BUILDING AND CONSTRUCTION – contracts –
performance bond – condition precedent to beneficiary's
entitlement to call on bond – whether security recourse event
has occurred
CONTRACTS – remedies – application for injunction to
restrain a breach of contract – whether damages an adequate
remedy
Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd
[2020] NSWSC 130
CONSUMER LAW – Trade Practices Act 1974 (Cth)
– ss 51(1), 82(1) – misleading and deceptive conduct
– defendant structural engineer issued a certificate as to
structural soundness of a proposed building which certificate was
misleading or deceptive or likely to mislead or deceive –
plaintiffs claim damages said to have been caused by this conduct
because, after the project was delayed to remedy faulty
construction undertaken by the builder in reliance on the
certificate, a bank, which had lent them money, appointed receivers
and sold their land – necessity for plaintiffs to prove, on
the balance of probabilities, that the conduct complained of caused
them loss – necessity for the plaintiff to prove that the
conduct complained of was a material part of the bank's
motivation – plaintiffs fail to bring evidence of the
bank's motivation – plaintiffs failed to establish that
the conduct complained of played any, or any sufficient, role in
causing the bank to act – HELD: proceedings dismissed.
Duffy Kennedy Pty Ltd v Galileo Miranda Nominee Pty Ltd
[2020] NSWCA 25
BUILDING AND CONSTRUCTION – construction contracts
– Building and Construction Industry Security of Payment Act
1999 (NSW) – whether right to suspend work validly exercised
– whether unpaid interest on late payment of "scheduled
amount" forms part of the scheduled amount – the
definition of "scheduled amount" does not include
interest payable under s 11 on the unpaid amount of a progress
payment unless that amount is included in a "scheduled
amount"
CONTRACT – Breach of Contract – whether 'show cause
notice' was validly issued in circumstances where the power to
issue the notice was conferred on the principal's
representative – where principal was involved in the
principal's representative's decision to issue the notice
– notice validly issued as principal's representative
gave adequate and proper consideration to issuing the notice and it
would be inconsistent with the principal's right to see that
its representative acts properly if it could not be involved in the
decision
CONTRACT – Breach of Contract – whether 'take out
notice' was validly issued where its validity was contingent on
the principal's representative being satisfied that the default
that was the subject of the 'show cause notice' had not
been remedied or the contractor had otherwise failed to show cause
– not shown that the principal's representative failed to
give adequate and proper consideration to the issues – not
shown that the principal's representative did not possess the
relevant satisfaction
EVIDENCE — Privileges — Without prejudice privilege
– whether information obtained during the course of
'without prejudice' meetings can be used for purposes other
than settlement – 'without prejudice' privilege is
not based upon an implied agreement that if the negotiations do not
result in an agreement for settlement of the dispute, the parties
will make no use of what has been disclosed by the other party in
the negotiations
Queensland
Rainbow Builders Pty Ltd v State of Queensland [2020] QSC 25
ARBITRATION– RECOURSE AGAINST AWARD–
GROUNDS FOR REMITTING OR SETTING ASIDE– MISCONDUCT–
DENIAL OF NATURAL JUSTICE– where Rainbow Builders applied to
set aside the September Award under section 34(2) of the Commercial
Arbitration Act 2013 (Qld) – where the State applied to
enforce the September Award under section 35 of the Act–
where in the alternative the State applied to enforce an earlier
award from August 2019– where if the September Award is set
aside Rainbow Builders applied for declaratory relief that the
August Award is not a final determination– where Rainbow
Builders resisted the enforcement of both Awards pursuant to
section 36 of the Act– where Rainbow Builders submit that the
September Award should be set aside as they did not have a
reasonable opportunity to present their case– where Rainbow
Builders also submit that the September Award should be set aside
as the parties where not treated with equality– where the
court ordered that the application be dismissed and the September
Award be enforced.
Commercial Arbitration Act 2013 Qld s 18, s 19, s 34, s 35, s
36(1)
Resolution Institute Arbitration Rules 2016 Qld Article 17 sub (1),
Article 27 sub (3), Article 27 sub (4)
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.