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Inside track: Construction & Infrastructure

12 August 2019

#Construction & Infrastructure

Inside track: Construction & Infrastructure

In the media

RICS: Infrastructure outlays expected to support workloads through mid-2020
Data from the RICS Construction and Infrastructure Survey indicates that construction activity was broadly driven by infrastructure workloads during Q2 of 2019. This difference appears to be particularly acute in Australasia where governments (state and federal ) have increased infrastructure outlays (06 August 2019).   More...

Ralan Group collapses leaving creditors $500m in the red
One of the nation's largest property developers, Ralan Group, has gone into voluntary administration, leaving billions of dollars worth of apartment projects in doubt. The Sydney-based developer owes around $500 million to creditors, including Westpac Bank and Melbourne finance house Wingate (01 August 2019).  More...

Bid to advance building and construction processes
A consortium bid has opened the way for the advanced manufacturing of buildings and construction in Australia. The $28 million bid is a cooperation between Monash University, Lendlease, The University of Melbourne, and Donovan Group, steered through the Cooperative Research Centre (CRC) program (31 July 2019).  More...

MBA: Builders welcome passage of ensuring integrity laws
The successful passage of the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 through the House of Representatives is great news for the building and construction industry, the economy and the community, for the more than 370,000 small construction businesses and subcontractors in Australia (31 July 2019).  More...

RMIT: On firm ground: smarter building for stronger homes
New software to assess building sites could save homebuilders thousands by avoiding structural damage caused by soil moisture changes (29 July 2019)  More...

New South Wales

'It doesn't make sense': Judge blasts rule behind Opal Tower class action delay
A multi-million-dollar class action by owners of units in the notorious Opal Towers against the New South Wales Government faces a month-long delay due to a historical practice note a Supreme Court judge says "doesn't make sense" (09 August 2019).  More...

Unit owners hit with repair bill of at least $10 million to repair cracks in Mascot Towers
Residents in Sydney's evacuated Mascot Towers building are facing a repair bill of at least $10 million to fix cracks in the building, with owners set to vote on a special levy to fund repairs to the building (03 August 2019).  More...

Council Infrastructure loans surpass half a billion dollars
More than half a billion dollars in low interest loans have been granted to local councils across the State helping them fund vital infrastructure projects and programs for local communities (30 July  2019).  More...

Lendlease booted as Sydney stadium builder for not meeting targets
The site of the new Sydney Football Stadium will be left as a giant hole in the ground for now as construction giant Lendlease is unable to meet the Government's targets for the rebuild (26 July 2019).  More...

Queensland

Clean Energy Regulator investigation leads to jail for solar installer
A Brisbane plumber was sentenced on August 5 to four and a half years in jail by the Brisbane District Court after pleading guilty to one charge of fraud and production of false and misleading documents that falsely claimed he had installed more than 400 solar heat pumps (07 August 2019).  More...

Building our Regions sees Toowoomba leading the way in transport and logistics
Construction of vital infrastructure for the Toowoomba Trade Gateway has been completed thanks to funding from Rounds 1 and 2 of the Palaszczuk Government’s successful $365 million Building our Regions (BoR) program (07 August 2019).   More...

Palaszczuk Government all aboard G:link Stage 3A
Premier Annastacia Palaszczuk has announced a major $351 million commitment to get the next stage of the Gold Coast Light Rail on track (06 August 2019).   More...

Victoria

Congestion busting in Melbourne’s North with Stage 2 O’Herns Road Upgrade
Tens of thousands of drivers in Melbourne’s north are a step closer to safer and quicker travel following the contract award for the second stage of the O’Herns Road Upgrade in Epping to  VEC Civil Engineering (06 August 2019)  More...

Cladding Safety Victoria CEO Appointed
Minister for Planning Richard Wynne announced the appointment of Dan O’Brien as the CEO of Cladding Safety Victoria (CSV).Mr O’Brien will lead the agency as it manages the funding and works with owners corporations from start to finish to make sure buildings are safe and compliant with all regulations (02 August 2019).  More...

Residents complain of ‘cracking’ in Melbourne’s tallest tower
Residents of Melbourne's partially completed super-skyscraper Australia 108 have expressed concerns over the structural integrity of the building, claiming to have experienced loud cracking sounds among a number of other defects (29 July 2019).  More...

Practice and courts

New South Wales

NSW Fair Trading:  Security of Payment laws start soon
The Building and Construction Industry Security of Payment Amendment Act 2018 (the Amendment Act) and the Building and Construction Industry Security of Payment Amendment Regulation 2019 (the amending Regulation) will commence on 21 October 2019 (06 August 2019).   More...

Queensland

QBCC: There are changes to professional indemnity (PI) insurance for Certifiers
The Building and Other Legislation Amendment Regulation 2019 commenced on 9 August 2019 and introduced amendments to the professional indemnity (PI) insurance for private certifiers relating to non-compliant external cladding. Private certifiers may now be exempt from holding the required PI insurance from 9 August 2019 until 30 June 2021 (09 August 2019).  More...

Premium increase for Queensland Home Warranty scheme
Insurance premiums for residential construction work in Queensland increase by 3.85% from 01 August 2019 (01 August 2019) More...

AIBS: Victorian Building Practitioners' Insurance - Ministerial Order
The Victorian Minister for Planning, Richard Wynne has announced a Ministerial Order regarding professional indemnity insurance came into effect on August 12 2019.  More...

Cases

Victorian Building Authority v Andriotis [2019] HCA 22
Appeal dismissed with costs. statutes – construction – statutory powers – mutual recognition – where s 17(1) of Mutual Recognition Act 1992 (Cth) provides that person registered in one State for occupation entitled to be registered in equivalent occupation in second State where person lodges written notice with local registration authority of second State – where s 20(1) of Mutual Recognition Act provides that registration in first State sufficient ground of entitlement to registration in second State – Where s 20(2) of Mutual Recognition Act provides that local registration authority of second State "may" grant registration on that ground – Where s 17(2) of Mutual Recognition Act provides that mutual recognition principle subject to exception that it does not affect operation of laws that regulate manner of carrying on occupation in second State, provided laws not based on attainment or possession of some qualification or experience relating to fitness to carry on occupation – where respondent registered as waterproofer in first State – where respondent refused registration in second State for non-compliance with "good character" requirement in local Act – whether local registration authority has discretion to refuse registration – whether "good character" requirement is law based on "qualification" relating to fitness to carry on occupation. Acts Interpretation Act 1901 (Cth), ss 2, 13, 15AA, 33; Building Act 1993 (Vic), ss 170, 179, 180.; Mutual Recognition Act 1992 (Cth), ss 3, 6, 16, 17, 19, 20, 21, 22, 23, 33, 36, 37.

Grocon Constructors (Qld) Pty Ltd v Dexus Funds Management Limited as Trustee for the Dexus 480Q Trust (No 2) [2019] FCA 1117
CORPORATIONS – application to set aside statutory demands – whether statutory demands should be set aside on basis that they were issued for a collateral and improper purpose – whether statutory demands should be set aside on basis that there is a genuine dispute as to whether certain amounts were due and payable as at the date of the demand. Corporations Act 2001 (Cth), ss 459G, 459H, 459J.

Queensland

Riddhi Siddhi Pty Ltd v VAC Constructions Pty Ltd [2019] QCAT 201
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK – REMEDIES FOR BREACH OF CONTRACT – DAMAGES – OTHER MATTERS – minor commercial building contract – breach of contract by builder refusing to complete works – work incomplete or defective – cost of completion and rectification – interest
Queensland Building and Construction Commission Act 1991 Qld s 75, s 77, Schedule 2; Queensland Building and Construction Commission Regulation 2018 Qld s 54.

Victoria  

Hawker v Powercor Australia Ltd [2019] VSC 521
PRACTICE AND PROCEDURE – Group proceedings – approval of Settlement Application under Supreme Court Act 1986 (Vic), s 33V – in the interests of group members as a whole – whether terms of settlement “fair and reasonable” – settlement Approved. Mr Hawker commenced a proceeding against Powercor as provided for in Part 4A of the Supreme Court Act 1986 on behalf of himself and other persons who had suffered loss and damage as a result of the Gnotuk bushfire.

James v Arch Projects Pty Ltd (Building and Property) [2019] VCAT 111
Domestic building contract – proceeding determined pursuant to section 78 of the Victorian Civil and Administrative Tribunal Act 1998 – assessment of loss and damage. The respondent must pay to the applicants the sum of $465,460.18.

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

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