In the media
Missing evidence base for big calls on infrastructure
costs us all
When the case for big transport projects is made without
due analysis, we risk building the wrong projects. The result is we
waste billions of dollars and rob ourselves of the infrastructure
our booming cities need to be more liveable. Two stark examples
– proposed rail links to Western Sydney and Melbourne
airports and road congestion charges – illustrate the problem
in different ways (10 July 2018).
More...
Clean energy opportunities in Australia's
infrastructure sector
The Clean Energy Finance Corporation
(CEFC) has identified huge potential for improving
sustainability by investing in the Australian infrastructure
sector's clean energy opportunities according to a recently
released impacts report from The Infrastructure Sustainability
Council of Australia (ISCA) (09 July 2018).
More...
Global organisations unite to solve fire safety in
buildings
RICS has joined more than 30 organisations from around the
world to develop landmark industry standards to address fire safety
in buildings. The standards aim to set and reinforce the minimum
requirements professionals should adhere to ensure building safety
in the event of a fire (10 July 2018).
More...
Value of apartment construction work set to fall 16% in
2019
The value of work in the multi-level residential
construction sector is set for a major downturn, as tighter lending
conditions and surging construction material costs weigh on the
profitability of the sector (09 July 2018).
More...
Australia leading the way in energy storage
Australia is leading the way in residential battery
storage, a new report released today by Chief Scientist Dr Alan
Finkel has found, with nearly 21,000 battery storage systems
installed in homes across the country in 2017 – three times
as many as the previous year (06 July 2018).
More...
Developing a technology strategy to capitalise on the
emerging digital revolution
New digital technologies like BIM and virtual and
augmented reality have the power to transform many aspects of the
construction industry, but they have yet to find their way into
mainstream construction business activities (04 July 2018).
More...
GBCA: 'Zero carbon ready' building code could
deliver billions in cost and emissions savings
Setting stronger energy standards in the National
Construction Code for new buildings would, between now and 2050,
reduce energy bills by up to $27 billion, lower energy network
costs by up to $7 billion and deliver 78 million tonnes of
cumulative emissions savings, according to a new report released
today (03 July 2018).
More...
CEFC invests in smart meters in new push to give
consumers more control over their energy use
The CEFC has completed its first smart meter technology
financing, further extending the benefits of distributed clean
energy to Australian households and businesses (03 July 2018).
More...
PCA: Energy standards in National Construction Code:
Built to Perform
The Property Council has welcomed the release of the final
report of the Building Code Energy Performance Trajectory
Project. The report shows that setting stronger energy
standards for new buildings in the National Construction Code could
between now and 2050 reduce energy bills by up to $27 billion (03
July 2018).
More...
Aon warns about PFAS chemicals
Aon has warned property sellers, developers and
construction companies to do due diligence on properties to ensure
they haven't been contaminated by per-and poly-fluoroalkyl
substances, known as PFAS chemicals (02 July 2018).
More...
Innovative mining projects share in $7 million
Today the Turnbull Government announced project funding
investment in drone technology designed by Western Australian
business Emapper, to do the necessary environmental mapping
required for any mine site, reducing safety risks to workers (03
July 2018).
More...
New South Wales
Two new big solar farms to begin construction in NSW
"in coming weeks"
New South Wales looks set to add more than 460MW of new
large-scale solar capacity, with German-based developer Belectric
confirming it was ready to start construction works on the first of
two new solar plants "in the upcoming weeks." (12 July
2018).
More...
Regulator cancels lightning ridge mineral claims
The Resources Regulator has cancelled two mineral claims
at Lightning Ridge due to non-compliance issues and work health and
safety breaches by the claim holder, Mr Sheref Sancar (12 July
2018).
More...
Public Warning – do not deal with Jack
Younes
Consumers are being warned not to deal with unlicensed
contractor Jack Younes, who was recently convicted and fined
$75,000 over home building and consumer law offences (09 July
2018).
More...
Free testing for loose-fill asbestos insulation for
Newcastle residents
Newcastle home-owners can now register for free loose-fill
asbestos insulation testing following the NSW Government's
decision to expand the state-wide Taskforce (02 July 2018).
More....
Resources Regulator secures more money for Muswellbrook
community fund
The Resources Regulator has accepted an Enforceable
Undertaking proposal from Ridgelands Coal Resources Pty Ltd over
their handling of a local community fund, raising an extra $200,000
in the process. . It is alleged Ridgelands failed to establish a $5
million community fund as soon as reasonably practical, which was a
condition of the five-year term of Exploration Licence 8064 (02
July 2018).
More...
Published
Taking charge:
the energy storage opportunity for
Australia
Clinton Porteous, Bruce Godfrey, Alan Finkel; Office
of the Chief Scientist (Australia): 06 July 2018
This occasional paper provides an overview of energy storage
technologies already in Australia and on the horizon, and the
opportunities for Australia to lead the world in these fields.
Built to Perform: An industry led pathway to a zero carbon
ready building code – final report
ASBEC and ClimateWorks Australia: July 2018
The report calls for a 'Zero Carbon Ready' building
code. Built to Perform shows that setting strong energy standards
for new buildings in the Code could, between now and 2050, reduce
energy bills by up to $27 billion, cut energy network costs by up
to $7 billion and deliver at least 78 million tonnes of cumulative
emissions savings.
Pathways to
housing tax reform
Richard Eccleston, Julia Verdouw, Kathleen Flanagan,
Neil Warren, Alan Duncan, Rachel Ong, Stephen Whelan, Kadir Atalay;
Australian Housing and Urban Research Institute: 05 July
2018
This research is the final report of the AHURI inquiry into
'Pathways to Housing Tax Reform in Australia.' It features
real-world modelling and implementation time frames to steer tax
settings that progress the efficiency, equity and sustainability of
housing tax policy, and also presents meaningful, long-term
political pathways to achieve these outcomes.
Review into the
scope of economic regulation applied to covered pipelines: final
report
Australian Energy Market Commission: 03 July
2018
This report sets out recommendations by the commission to
improve the economic regulation applied to full and light
regulation transmission and distribution gas pipelines. If
implemented in full, the package of recommendations will assist
pipeline users and prospective users to negotiate lower prices and
better terms for their gas transportation agreements.
ACI Construction Briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry.
09 July 2018:
ACI Construction Brief: Could the next RBA move be down?
Australian Bureau of Statistics
11/07/2018:
Building Activity, Australia, Mar 2018 (cat no. 8752.0).
11/07/2018:
Construction Activity: Chain Volume Measures, Australia, Mar
2018 (cat no. 8782.0.65.001).
11/07/2018:
Housing Finance, Australia, May 2018 (cat no. 5609.0).
03/07/2018:
Building Approvals, Australia, May 2018 (cat no. 8731.0).
Practice and courts
Infrastructure Priority List - Call for
submissions
Infrastructure Australia is seeking submissions for the
next update of the Infrastructure Priority List
(IPL), which will be published in February 2019.
Proposals for all types of infrastructure, including programs of
related works and programs for network optimisation must be
received before 31 August 2018.
More...
Evaluation completed for Lower Fitzroy River
Infrastructure Project
Infrastructure Australia has concluded its independent
evaluation of the
Lower Fitzroy River Infrastructure Project (Rookwood Weir),
following a rigorous assessment process (13 July 2018).
Monash Freeway Upgrade Stage 2 designated a High
Priority Project
The second stage of Melbourne's Monash Freeway Upgrade
has been added to the
Infrastructure Priority List as a High Priority Project after
the business case was positively assessed by Infrastructure
Australia, the nation's independent infrastructure advisor (11
July 2018).
NTC Reminder: New changes for the transport of dangerous
goods
The
Australian Code for the Transport of Dangerous Goods by Road and
Rail is set to be updated with changes designed to reduce the
burden on industry when transporting low-risk items and bring into
line with new United Nations transport requirements. In May,
Transport ministers approved version 7.6 of the Code, with the
changes effective from 1 July 2018 and compulsory from 1
July 2019.
More...
Infrastructure Australia CEO's newsletter June
2018
Prioritising Reform paper - As the nation's
independent infrastructure advisor, Infrastructure Australia is
committed to advancing a national reform agenda that delivers
inclusive and enduring benefits for all Australians.
More...
prefabAUS Conference 2018
11 – 12 September, 2018 Brisbane Convention &
Exhibition Centre. More...
NCEIF: National Community Engagement for Infrastructure
Forum 2018
The Forum (NCEIF) will provide insight on
advancing community consultation in the infrastructure and natural
resources space; discovering new industry trends and policies which
may impact the community engagement framework and the development
of infrastructure projects now and in the future; and exploring new
tools and the latest research to support community and stakeholder
engagement in infrastructure. Dates: 19 – 20 July 2018 at the
Crown Conference Centre in Melbourne. More...
New Building Standards
AS/NZS 5033:2014/Amdt 2:2018
Installation and safety requirements for photovoltaic
(PV) arrays, Standards Australia.
AS/NZS 5033:2014/Amdt 1:2018
Installation and safety requirements for photovoltaic
(PV) arrays, Standards Australia.
New South Wales
BPB: Certification data reporting – more software
options now available
9 July 2018 - Better Built Software and Visual Approvals
have been added to the list of software products that are fully
compliant with the data reporting requirements.
More...
BPB: Free testing for loose-fill asbestos insulation in
Greater Newcastle
6 July 2018 - Free testing is being offered to owners of
pre-1980s homes after a property in the Greater Newcastle region
was recently found to contain loose-fill asbestos insulation.
More...
BPB: Certification data reporting – second
software provider on board
5 July 2018 - PermAssist, development approval and
certification software, is fully compliant with the data reporting
requirements.
More...
NSW Fair Trading: Update on professional indemnity
insurance and exclusions
NSW Fair Trading is aware of certifier concerns that a
tightening in the professional indemnity insurance market means
they may not be able to obtain a new policy without exclusions,
particularly those relating to non-compliant external cladding. The
lack of insurance to cover a certifier's statutory liabilities
means that the accreditation requirements under the Building
Professionals legislation are not being met, affecting their
continued operation.
Until clarification of the situation and any broader resolution to
this issue, NSW Fair Trading will work closely with individual
certifiers to see what can be done. Affected certifiers should
contact NSW Fair Trading by phone 8522 7800 or email bpb-accreditation@bpb.nsw.gov.au
to discuss their situation.
More housing options for NSW: Low Rise Medium Density
Housing Code
The
new Code will allow one and two storey dual occupancies, manor
houses and terraces to be built under fast-track
complying development approval across NSW and also promotes
good design for medium density housing. Low-rise medium density
housing as complying development is only allowed where medium
density development is already permitted under a council's
local environmental plan. The Medium Density Housing Code commenced
on 6 July 2018.
Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be
included in the State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008. In essence; it is a
simplifying of the development process and aligning the
requirements for development across greenfield areas; the planning
rules and the code are also presented in plain English to clearly
explain planning rules.
More...
Note: There will be a three-year transitional
period, where applicants can choose whether to use the Greenfield
Code, or the new simplified Housing Code or Transitional Code
(until 13 July 2019).
Cases
Hyundai Engineering & Steel Industries Co Ltd v Alfasi
Steel Constructions (NSW) Pty Ltd [2018] FCA
1054
ARBITRATION – international arbitration –
where award creditor brought proceedings to enforce award obtained
in Singapore – whether proceeding brought by award creditor
to enforce foreign award should be adjourned – where award
debtor seeks to set aside the award in part in the High Court of
the Republic of Singapore – application of s.8(8) of the
International Arbitration Act 1974 (Cth) –
adjournment granted on condition that award debtor provide security
for full amount of the award plus interest.
Hyundai and Alfasi entered into a "Sub-Subcontract" by
which Hyundai agreed to fabricate and deliver steel for use by
Alfasi in the construction of the Sydney International Convention
Exhibition and Entertainment Precinct in Darling Harbour, including
an exhibition hall and a theatre (the
Project).
Construction, Forestry, Maritime, Mining and Energy Union v
BHP Billiton Nickel West Pty Ltd [2018] FCAFC
107
INDUSTRIAL LAW – appeal from decision of single
judge – where s.490(2) of the Fair Work Act 2009
(Cth) confers right for union representatives to access work
premises to hold discussions with employees "during mealtimes
or other breaks" – whether holding discussions before an
employee's shift is permitted under s.490(2) – meaning of
the term "breaks" – finding that ordinary meaning
of the term "break" necessarily implies an interruption
in continuity – discussions to occur during, not before or
after, a work shift.
STATUTORY INTERPRETATION – whether the phrase "mealtimes
or other breaks" is ambiguous – whether appropriate to
have regard to the Explanatory Memorandum to the Fair Work Bill
2008 (Cth) – where Explanatory Memorandum includes
"holding discussions before or after an employee's
shift" as an example of a "break" – finding
that the phrase "mealtimes or other breaks" is
unambiguous – finding that recourse to the Explanatory
Memorandum is not merited – appeal dismissed.
EHR Resources Ltd, in the matter of EHR Resources
Ltd [2018] FCA 997
CORPORATIONS - application for orders that trading in
shares following a failure to comply with disclosure obligations
was not invalid and orders relieving sellers from civil liability
pursuant to s.1322(4) - where admitted contraventions of s.707(3)
and s.727 as to disclosure - where cleansing notice under
s.708A(5)(e) was insufficient disclosure because trading in shares
suspended for more than five days in previous 12 months -
contraventions due to honest error which had been explained -
cleansing prospectus subsequently issued - application allowed.
Kang v Bishop (No.2) [2018] NSWSC
1073
(1) Mr Kang's application is dismissed.
(2) Mr Kang is to pay the First and Second Defendant's costs of
the proceedings as agreed or assessed.
ADMINISTRATIVE LAW – judicial review – appeal from
Local Court– application to quash orders made by Magistrate
– jurisdiction of Local Court – whether prosecution in
Local Court authorised – whether delegate authorised under
Fair Trading Act 1987 (NSW) required to bring prosecution
under s.192E and s.192G of the Crimes Act 1900 (NSW)
– proper construction of s.14 and s.173 of the Criminal
Procedure Act 1986 (NSW) – consideration of the
interaction between Criminal Procedure Act, Crimes Act and Fair
Trading Act – application dismissed.
COSTS –departure from usual costs order sought – no
basis – costs as agreed or assessed
Fair Trading Act 1987 (NSW); Government Sector
Employment Act 2013 (NSW); Home Building Act 1989
(NSW).
Ingate v Andrews [2018] NSWCATAP
170
(1) The Respondent's application for costs is
refused.
COSTS – costs of internal appeal in proceedings in the
Consumer and Commercial Division of NCAT – whether the amount
claimed or in dispute is more than $30,000 – whether there
are special circumstances warranting an award of costs
Mr Andrews is an architect and licenced builder who built a
residence for Mr and Ms Ingate. Mr Andrews applied to the Tribunal
for the Ingates to pay him $39,724.21 for certain disputed
variations to the building works.
B & M Mitchell Pty Ltd (in liquidation) v Mikell
Investments Pty Ltd & Divlist Pty Ltd t/as Contemporary
Homes [2018] NSWCATAP 168
Payment of monies held by Tribunal.
Council of the Law Society of New South Wales v
Bouzanis [2018] NSWCATOD
109
(3) The respondent is to pay a fine of $5,000.
Solicitor – Professional misconduct – Breaches of
ss.254 and 255 Legal Profession Act 2004 admitted –
Payment of client's cheque for counsel and expert witness into
office account – Proceeds drawn upon for other purposes
– Whether misappropriation of funds established. In 2011 Mr
and Mrs Setchell retained the Respondent in connection with legal
proceedings arising from a home building contract.
TTM Investment Corporation Pty Ltd v Hua Chang Pty
Ltd [2018] NSWSC 1078
Security for costs order and freezing order to be
granted.
CIVIL PROCEDURE – security for costs – discretionary
considerations – where party resisting order not acting
purely defensively in main proceedings – relevance of the
strength of a party's claim.
CIVIL PROCEDURE – security for costs order – quantum of
security – ascertaining quantum where neither party is acting
purely defensively in main proceedings – difficulty in
ascertaining quantum where claims and cross-claims are
interconnected.
CIVIL PROCEDURE – interlocutory application – freezing
order – risk of removing assets out of jurisdiction –
where party has little to no connection with jurisdiction –
where party has commercial incentive to remove assets from
jurisdiction.
Development involved the construction of eight units on the land -
builder undertook the work pursuant to a written construction
contract. Contract price was $3.256 million. Home Building Act
1989 (NSW), s.92(1).
Rekrut v Champion Homes Sales Pty Ltd [2018]
NSWCATAP 162
APPEAL – costs – costs order made by Tribunal
after Appeal Panel has allowed appeal in part – whether costs
order should be set aside - Civil and Administrative Tribunal
Act 2013 (NSW); Home Building Act 1989 (NSW).
The appellants ("the owners") made claims against the
respondent ("the builder") under the Home Building
Act 1989 (NSW) (HB Act). Exactly three years
later, on 23 December 2016, the Tribunal in the first instance
ordered that the builder pay to the owners $63,586.59.
Southern Cross Electrical Engineering v Steve Magill
Earthmoving [2018] NSWSC
1027
BUILDING AND CONSTRUCTION – Building and
Construction Industry Security of Payment Act 1999 (NSW)
– application to quash adjudicator's determination
– whether adjudicator imposed an onus of proof on plaintiff
inconsistent with his statutory obligation to come to his own view
on the material – whether adjudicator's determination
regarding lineal meterage unreasonable – necessary to
consider adjudicator's reasoning in light of statutory
requirement to determine often difficult questions within tight
timeframe – necessary to have regard to the statutory scheme
which renders determination final as to payment claims but
otherwise preserves all rights – impermissible to conduct
merits inquiry under guise of jurisdictional reasonableness –
fair reading of the adjudicator's reasons in context
demonstrates no error with regards to onus – not shown that
determination was unreasonable to the extent of invalidation
– summons dismissed.
Abou-Anton v City of Ryde Council
[2018] NSWLEC 1334
APPEALS: building information certificates; unauthorised
works to dwelling house; dwelling not built in accordance with
complying development certificate; nominal development application
assessment required; amenity impacts; view loss; overheight fence;
requirement for stormwater easement.
Building Partners Pty Ltd v AEA Constructions Pty
Ltd [2018] NSWSC
1033
COSTS – party/party – bases of quantification
– indemnity costs – proceedings by employer for
indemnity for workers compensation benefits paid – judgment
in related proceedings finding negligence of defendant causing
personal injury to worker – Calderbank offer made by
plaintiff – where offer open for 5 weeks – where offer
involved elements of compromise – where offer rejected by
defendant – whether rejection unreasonable – costs
awarded on indemnity basis from date of offer.
M.H. Earthmoving Pty Ltd v Cootamundra-Gundagai
Regional Council (No.2) [2018] NSWLEC
101
PRACTICE AND PROCEDURE – notice of motion –
whether appropriate to hear issues raised as separate questions
– where similar submissions would be made in hearing of
another notice of motion in any event STATUTORY INTERPRETATION
– whether amendments to the Environmental Planning and
Assessment Act 1979 (NSW) have the effect of constituting a
new statutory entity or continuing an existing entity –
application of interpretive principles JOINDER – whether
appropriate to join planning panel to Class 1 proceedings –
where panel is the consent authority but decision is deemed to be
made by Council – where panel has power to control and direct
Council COSTS – costs sought in relation to conciliation
conference – presumptive rule against costs. in Class 1
proceedings – costs sought against non-party – where
agreement reached in conciliation conference but planning panel
exercised its power to control and direct Council.
Rodriguez & Sons Pty Ltd v Queensland Bulk Water
Supply Authority trading as Seqwater (No.15)
[2018] NSWSC 1019
EXPERT REPORT – assessment of reasonableness of
flood engineer's belief about capacity of dam – reliance
on events that post-date flood event – opinion with absence
of reasoning – no question of principle.
Wharekawa v AEA Constructions Pty Ltd
[2018] NSWSC 1023
COSTS – party/party – bases of quantification
– indemnity costs – judgment for plaintiff in
proceedings for negligence causing personal injury – offer of
compromise and Calderbank offer separately made by plaintiff
– where offers rejected by defendant – where damages
awarded by judgment greater than plaintiff's offer of
compromise and Calderbank offer – where plaintiff prima facie
entitled to indemnity costs unless Court otherwise orders –
Uniform Civil Procedure Rules 2005 (NSW), r.42.14 –
whether significant change in plaintiff's case between date of
offer and date of trial – where expert medical reports not
served on defendant at time of offer – where plaintiff's
statement and other medical reports raising same evidentiary issues
nevertheless served on defendant by the time of offer – costs
awarded on indemnity basis from date of offer.
Legislation
Commonwealth
Acts
National Housing Finance and Investment Corporation Act
2018
03 July 2018 - An Act to establish the National
Housing Finance and Investment Corporation.
Regulation
Public
Works Committee Amendment (Snowy Hydro Limited) Regulations
2018
12/07/2018 – No longer in force - These regulations
amend the Public Works Committee Regulation 2016 to exempt Snowy
Hydro Limited from being subject to the provisions of the
Public Works Committee Act 1969.
Security
of Critical Infrastructure Rules 2018
05/07/2018 - These rules specify the requirements for an
electricity generation station and gas transmission pipeline to be
considered a 'critical infrastructure asset' for the
purposes of subsection 10(2) and subsection 12(2) of the
Security of Critical Infrastructure Act 2018, prescribe
the Tasmanian Gas Pipeline as a 'critical infrastructure
asset', and ensure the Government has access to
'operational information' in order to determine the
national security risks in 'critical infrastructure
assets'.
National
Housing Finance and Investment Corporation Investment Mandate
Direction 2018
03/07/2018 - This instrument gives directions to the Board
of the National Housing Finance and Investment Corporation
(NHFIC) in relation to the performance of the
NHFIC's functions.
New South Wales
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Low Rise Medium Density Housing) Amendment Regulation 2018 (2018-368) — published LW 5 July 2018.
Environmental Planning Instruments
Standard
Instrument (Local Environmental Plans) Amendment (Low Rise Medium
Density Housing) Repeal Order 2018 (2018-369) — published
LW 5 July 2018.
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Low Rise Medium Density Housing) Further
Amendment 2018 (2018-370) — published LW 5 July 2018.
For the full text of Bills, and details on the passage of Bills, see Bills.
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.