In the media
House building numbers at record highs, units and
apartments continue decline
Despite the federal government's HomeBuilder scheme
coming to a close, house building has reached record numbers in
April, as new apartment development activity hits its lowest point
since 2012 (28 April 2021).
More...
New post-tensioning scheme launched to boost
construction sector
Australia's construction sector is set to benefit from
the introduction of rigorous new standards for post-tensioning
– the method of reinforcing concrete with high-strength steel
strands or bars. The new standards are backed by an independent
certification scheme (27 April 2021).
More...
New alliance to help decarbonise construction
industry
Over thirty leading companies have joined forces with the
NSW Government and WWF Australia to launch a new alliance aimed at
decarbonising Australia's building and construction industry.
The Materials & Embodied Carbon Leaders' Alliance aims to
drive reductions in embodied (upfront) carbon across the building
supply chain (27 April 2021).
More...
Sustainable infrastructure set to deliver big dividends
in our economic rebound
The twin crises of the Black Summer bushfires and Covid-19
have tested the resilience of Australia's systems and
recalibrated business-as-usual. The challenges and consequences
ahead are interconnected – but so are the dividends that
sustainable infrastructure can deliver to communities (27 April
2021).
More...
LGS property portfolio receives two green
accolades
Local Government Super (LGS) has been
recognised for its sustainable building practices by receiving a
'6 Star Green Star – Performance' rating from the
Green Building Council of Australia. LGS is the first
superannuation fund with a diversified property portfolio to
achieve this world leadership rating (21 April 2021).
More...
Research highlights benefits of solar energy uptake at
Australian airports
A new study has found that Australia's
government-owned airports could produce enough electricity to power
136,000 homes, if they had large-scale rooftop solar systems
installed (21 April 2021).
More...
People with disabilities are living in homes that
don't fit them — but advocates say a change is
coming
Proposed changes to the National Construction Code being
considered next week could make it easier for people with
disabilities to live in their own homes, as advocates say most live
without adequate housing (22 April 2021).
More...
HIA: Demand for residential land elevated
Land prices in the December quarter started to reflect the
increase in demand that was seen in the September quarter.
Nationally, prices increased by 4.1 per cent to be 0.3 per cent
higher than the same time last year. Land prices can lag behind
changes in demand due to the length of settlement periods (20 April
2021).
More...
HomeBuilder construction commencement extension solves
part of the puzzle – but many pieces still missing
Builders have welcomed the Morrison government's
decision to extend its HomeBuilder construction commencement
timeframe – but the industry continues to fight to solve
trade and materials shortages and soaring prices (20 April 2021).
More...
New South Wales
Sydney's north west booming with jobs and
infrastructure
Hundreds of construction workers in Sydney's north
west are building new and improved parks, sporting fields, roads
and cycleways thanks to the NSW Government's Accelerated
Infrastructure Fund (29 April 2021).
More...
Small and medium businesses take priority for flood
repair work
NSW Government agencies have been directed to first
consider appointing a small or medium business for flood repair
work on government owned sites, to support local economies as
rebuilding and remediation work continues (27 April 2021).
More...
Lights on for thousands of school projects
Thousands of public schools are being revamped and
upgraded across the State as part of the NSW Government's $450
million COVID-19 Recovery Plan to deliver school projects (23 April
2021).
More...
More jobs, better roads for Upper Hunter
Safer journeys are on the way across the Upper Hunter,
with four projects rolling out under the latest round of the
Australian and NSW governments' accelerated Fixing Local Roads
program to improve local roads and create thousands of local jobs
in the regions (20 April 2021).
More...
Safe cladding products endorsed by expert panel
A major milestone for Project Remediate , the NSW
Government's billion-dollar program has occurred with the
release of an independent report outlining four safe and
non-flammable product categories that represent the first tranche
to replace high-risk cladding (20 April 2021).
More...
Future of freight is 'ROSI' in Moree
The Australian Government has committed $35.2 million
towards the $44 million Moree Intermodal Overpass project in New
South Wales, which will improve freight connections and help lower
business costs in the region (19 April 2021).
More...
Queensland
State reveals preferred route for Coomera
Connector
After months of deliberations, the Queensland Government
has finally approved the preferred northern route for the Coomera
Connector. The route is proposed to cross the
Albert River east of Eagleby, connecting to the M1 and Logan
Motorway at Loganholme (30 April 2021).
More...
Queensland Resources Industry Development Plan to set
strong vision
More growth, jobs and investment in our state's coal,
minerals and gas industries will be a key focus of an industry-wide
blueprint being developed by the Palaszczuk Government (29 April
2021). More...
MacIntyre Wind Farm receives approval for
development
ACCIONA's MacIntyre Wind Farm has achieved a
significant milestone, with development approval granted by
Queensland's State Assessment and Referral Agency to build the
project (28 April 2021).
More...
Green light for Gold Coast turf club redevelopment
Night racing will come to the Gold Coast as part of the
long-awaited $38-million redevelopment plans for the city's
turf club (28 April 2021).
More...
Diversity in design drives proposed Planning Scheme
changes
Visually appealing suburban streets with a range of
housing choices will be encouraged under changes proposed to the
Logan City Council Planning Scheme. Requirements for developers to
provide a variety of lot sizes and frontage widths are among the
proposed new measures that it is hoped will stimulate housing
design diversity (20 April 2021).
More...
Wind farms to generate power and jobs for the Southern
Downs
Two windfarms and up to 400 jobs in the Southern Downs are
a step closer to reality with the State Assessment and Referral
Agency giving the green light (21April 2021). More...
Heritage panel to bolster Queensland protection
The Queensland Government has announced a new advisory
panel will be established to strengthen the state's heritage
register and provide expert advice on heritage places and spaces.
Minister Scanlon said the panel would sit under the Queensland
Heritage Council and look at ways to bolster existing legislation
and frameworks around protecting heritage places(19 April 2021).
More...
Victoria
Melbourne apartment building rates 'to fall off a
cliff'
Apartment building in Melbourne is set to plummet, with a
respected property research company tipping the number of units
completed across Victoria to plunge from more than 16,000 this year
to just 800 in 2024 (28 April 2021).
More...
Practice and courts
Queensland
State infrastructure strategy announcement
A new State
Infrastructure Strategy will be released in conjunction with
seven regional infrastructure plans in aid of supporting our post
COVID-19 economic recovery. This follows the recent announcement of
the formation of a Growth Areas
Delivery Team to address land supply issues in SEQ.
To find out more about the strategy, please click
here. You're invited to have your say and help shape the State
Infrastructure Strategy. You can share your views via the
survey. Consultation closes on 31 May 2021.
QBCC: Time is running out to complete your obligations
under Queensland's Safer Buildings Program
Owners of buildings that meet the legislated definition of
'
private building' have a responsibility to comply with the
program by completing the combustible cladding checklist by no
later than 3 May 2021. Failure to complete the Checklist is an
offence and QBCC will use all avenues within its regulatory powers
to ensure compliance with the Checklist. For more information to
help you complete the Checklist, visit the resources
page of the Safer Buildings website (27 April 2021).
Safer Buildings program enters final stage
The QBCC is administering the three-part Safer Buildings
program to understand the extent of combustible cladding use in
Queensland's private buildings. The Safer Buildings program has
advanced considerably with Part 3 of the combustible cladding
checklist now underway. The deadline for building owners to
finalise the Part 3 assessment is 3 May 2021. For more information
visit www.saferbuildings.qld.gov.au.
Build-to-Rent update – approved
projects
The Queensland Government has approved two Brisbane-based
affordable housing projects by developers following a Request for
Detailed Proposals from shortlisted applicants from the Expression
of Interest Phase of the Pilot Project. It is anticipated
construction will commence mid-2021 following the finalisation of
designs for the projects, with operations expected to commence in
2023.
More...
Victoria
Consumer Affairs Victoria: Engineers have their say on
proposed registration fees
The Victorian Government is inviting feedback before new
fees are set for the registration and endorsement of professional
engineers under new laws starting on 1 July 2021.The proposed Fees
Regulations and RIS?and are now available for public consultation
– visit Engage
Victoria. Comments and submissions close on 3 May 2021. For
more information, view
Professional engineers.
More...
VBA: Fire protection equipment servicing
registration/licensing deadline extended
Anyone working on the routine servicing of fire protection
equipment must be registered or licensed with the VBA. After 31
July 2021, unregistered or unlicensed practitioners carrying out
this work will be subject to VBA enforcement action. Due to
COVID-19, the date for registration/licensing was extended from 31
December 2020 to 31 July 2021.
More...
VBA: Carpenters selected for first stage of trades
registration
Carpenters will be the first group of trades registered
under Victoria's recently developed trades registration
framework. Provisional registration and licensing for carpenters is
expected to commence in mid-2021. For more information and answers
to frequently asked questions, refer to the
Engage Victoria website.
Cases
New South Wales
Joye Group Pty Limited v Cemco Projects Pty
Limited [2021] NSWDC
151
ADMINISTRATIVE LAW – what must be disclosed by a
payment schedule under the Building and Construction Industry
Security of Payment Act 1999 – the requirements of a payment
schedule – identification of the payment claims –
indication of the amount of the payment – reasons for
withholding payment.
Lahey Constructions Pty Ltd v The State of New South
Wales [2021] NSWCA
69
CONTRACT – building and construction contracts
– interpretation – expert determination clause –
whether expert determination is final and binding – where
parties' precluded from commencing litigation following expert
determination unless value of the determination exceeded a
threshold amount – where value of the determination to be
calculated without having regard to amounts paid under the Building
and Construction Industry Security of Payment Act 1999 (NSW).
Queensland
Wagners
Cement Pty Ltd & Anor v Boral Resources (Qld) Pty Limited &
Anor [2021] QCA 79
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – ISSUES AND COUNTERCLAIMS – FORM
AND SETTLING OF COSTS ORDERS – where the appellants'
appeal and respondents' cross-appeal each succeeded to some
extent – where the parties were given leave to make
submissions about the orders that are appropriate to give effect to
the Court's reasons – where the parties disagree about
the amount of the monetary judgment that should be ordered against
the first respondent in favour of the first appellant – where
the parties are also in dispute about the order for costs –
where the appellants submit that their measure of success in the
proceeding, particularly in the substantial money judgment to which
they are entitled, justifies an order that the respondents pay
between 60 per cent and 75 per cent of the appellants' costs of
the entire proceeding – where the respondents submit that the
appellants should be ordered to pay 80 per cent of the
respondents' costs of the trial and the appellants should
either be ordered to pay 85 per cent of the respondents' costs
of the appeal or there should be no order as to the costs of the
appeal – where the question of costs is to be decided by the
exercise of discretion under the Uniform Civil Procedure Rules 1999
(Qld)
Uniform Civil Procedure Rules 1999 Qld r 681, r 766(1)(d).
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.