In the media
Infrastructure Australia to advise on COVID-19
recovery
Infrastructure Australia has received additional funding
in the 2020-21 Federal Budget to provide reform and investment
advice in support of the infrastructure-led COVID recovery and have
the opportunity to conduct a major reset of the Assessment
Framework, which is our methodology for assessing proposals for
inclusion on the Infrastructure Priority List (16 October 2020).
More...
HIA: New home sales remain elevated
"The full impact of HomeBuilder is now evident in the
HIA's New Home Sales Report with sales now 11.8 per cent higher
in the seven months since restrictions came into effect than at the
same time last year," commented HIA Chief Economist, Tim
Reardon (14 October 2020).
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HomeBuilder scheme attracts 11,400 applicants, but only
780 paid so far
More than 11,000 home builders and renovators have applied
for the federal government's $25,000 sweetener to encourage
housing activity (14 October 2020).
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Time's up for shoddy building code compliance
ASBEC is calling for urgent changes to the way building
compliance is enforced as outlined in the 2018 Building Confidence
report by Professor Peter Shergold and Bronwyn Weir on issues in
the construction industry. The body wants to see a digital log book
introduced that can be audited and passed on to the next owners to
make sure buildings stay compliant (13 October 2020).
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AIA: Construction cliff still a concern post
big-spending budget
The Australian Government has handed down its
2020–21 Budget. Yet the Australian Institute of Architects
(AIA) has warned that it may not be enough to stop the pipeline of
new construction projects drying up thereby hampering efforts
to create jobs in one of the economy's biggest employing
sectors (08 October 2020).
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Infrastructure investment laying the foundations for
Australia's economic recovery
The Morrison-McCormack Government will continue supporting
job-creating, economy-boosting infrastructure, as part of our
Economic Recovery Plan for Australia, rebuilding our economy to
secure Australia's future (06 October 2020).
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New world-wide fire safety standard launched
Despite rapid globalisation, with investment flowing
across borders, money pouring into built assets and increasing
numbers of different professionals operating across the world, the
industry currently lacks a consistent set of high-level principles
for design, construction and management of buildings for fire
safety. The IFSS-CP framework articulates the functions, life span
characteristics and attributes of fire safety in buildings (05
October 2020).
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New South Wales
$750 million RPA hospital redevelopment
fast-tracked
The $750 million redevelopment of Royal Prince Alfred
Hospital has been brought forward by one year, after the NSW
Government accelerated the project (09 October 2020).
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$3.6 billion Narrabri Gas Project granted phased
approval under strict conditions
New South Wales' Independent Planning Commission (IPC)
has granted phased approval for the $3.6 billion Narrabri Gas
Project under strict conditions. Santos sought development
consent for up to 850 gas wells and associated infrastructure
across the 95,000ha project area, encompassing the Pilliga State
Forest and privately-owned farmland, south-west of Narrabri (06
October 2020).
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Statement on the 2020-21 Federal Budget
New South Wales Treasurer Dominic Perrottet welcomed the
Federal Government's job-creating budget which provides
significant tax relief for hard working Australians, supports
businesses, and boosts investment in key infrastructure projects
across NSW (06 October 2020).
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Queensland
New wind farm to be constructed in North
Queensland
Early works will start before the end of the year on a
$380 million wind farm in Far North Queensland, creating 150 jobs,
thanks to a sales deal with publicly-owned CleanCo (07 October
2020).
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Warning about unlicensed persons advertising for
regulated plumbing work
The QBCC has issued a public warning about persons
unlawfully advertising for regulated plumbing work, in particular
on digital platforms, due to the potential harm and financial
impact that unlicensed work can have on home owners and the
building and construction industry (07 October 2020).
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Government invests $1.3 billion in transport
infrastructure to boost Queensland economic recovery
The Queensland economy will be boosted, roads will be
safer and thousands of jobs created, with a $1.3 billion investment
into transport infrastructure from the Federal Coalition as part of
its COVID-19 economic recovery plan (05 October 2020).
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Victoria
Fee relief for Victorian builders and plumbers who need
it most
Victorian building practitioners and plumbers who have
been hit hard by the coronavirus (COVID-19) pandemic will have more
money in their pockets thanks to the Victorian Building Authority.
Under the fee relief scheme, eligible building practitioners will
be exempt from paying application and renewal fees, and the annual
fees associated with maintaining their registration (16 October
2020).
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Practice and courts
New South Wales
Developers must provide advance notice of building
completion
Building developers must provide an
expected date that they will apply for an occupation
certificate. This notice must be provided at least
6 months in advance and no later than 12 months.
If building developers do not provide notice, fines may
apply and/or a prohibition order may
be made that stops or delays an occupation
certificate being issued. Notice can be given through
the
NSW Planning Portal or online
here.
Queensland
QBCC: Is your advertising up to scratch?
If you hold a licence with the QBCC you must include your
licence number in all of your advertising, including on social
media. Penalties may apply under the QBCC Act for failing to do so.
The QBCC will be identifying licensed contractors advertising
unlawfully. Always include the name the licence is registered
under, make sure you include your QBCC licence number and do not
include any false or misleading information, or leave any
information out (15 October 2020).
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Cases
Queensland
McCarthy
v TKM Builders Pty Ltd & Anor [2020]
QSC 301
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – REMUNERATION – STATUTORY REGULATION OF
ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS –
ADJUDICATION OF PAYMENT CLAIMS – where the applicant
challenges an adjudicator's decision under the Building
Industry Fairness (Security of Payment) Act 2017 – where some
of the adjudication application was sent to the applicant as an
email attachment – where other documents in the adjudication
application were contained in a Dropbox file in the body of the
email – whether the adjudication application was given to the
applicant
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – JURISDICTIONAL MATTERS – where the applicant
was not given a copy of the adjudication application – where
the second respondent, the adjudicator, made an adjudication
decision – whether failure of the first respondent to give
the adjudication application to the applicant deprived the
adjudicator of jurisdiction
Acts Interpretation Act 1954 Qld; Building and Construction
Industry Payments Act 2004 Qld; Building Industry Fairness
(Security of Payment) Act 2017 Qld s 79; Electronic Transactions
(Queensland) Act 2001 Qld
Victoria
Watpac Construction v CGM
[2020] VSC 637
ADMINISTRATIVE LAW – CONSTRUCTION AND ENGINEERING -
Judicial Review – Application for certiorari quashing
adjudication determination - Challenge to adjudication
determination – Adjudicator's jurisdiction –
Existence of a valid reference date under Subcontract –
Whether Adjudicator compliantly valued part of the adjudication
application – Claim for summary judgment – Claim for
return of money paid under mistake of fact claim – Money
claim for restitution – Money had and received - Return of
security - Building and Construction Industry Security of Payment
Act 2002 (Vic), ss 9, 16, 23 and 48.
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.