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Inside track: Construction & Infrastructure

20 November 2018

#Construction & Infrastructure

Inside track: Construction & Infrastructure

In the media 

New framework for road maintenance and renewal works
Austroads has released a new framework for evaluating road maintenance and renewal works to help decision-makers when allocating budgets in its new report, Measuring and Reporting the Value of Road Maintenance and Renewal Works (15 November 2018).  More... 

Australia set to lead the world on Hydrogen production and exports
Australia is poised to take a world-leading role in producing low-emissions hydrogen production, as highlighted in the 2018 World Energy Outlook (WEO) report. (14 November 2018).  More... 

Construction industry groups call for crackdown on rogue tradies
Construction industry groups are calling for a major overhaul of the ACT's contractor licensing regime, saying rogue tradies are the major cause of Canberra's building quality woes. Several trades - including architects, water proofers, carpenters, painters and concreters - do not require licences in the ACT (14 November 2018).  More... 

New South Wales

New South Wales’s new infrastructure strategy fast tracks energy projects
The New South Wales Government has launched a new Transmission Infrastructure Strategy that is designed to create a grid of the future powered by alternate technologies, using private sector investment in priority energy infrastructure projects, which can deliver least-cost energy to customers to 2040 and beyond (13 November 2018).  More... 

Queensland

Queensland Government opens-up Surat Basin gas for manufacturers
The Queensland government has opened-up a stretch of the Surat Basin gasfields, with all gas produced to be supplied to manufacturers. State energy minister Anthony Lynham announced that tenders were open for an 18-square-kilometre block of the gasfields (16 November 2018).  More...

Regional Queensland bears brunt of falling building numbers
While South East Queensland appears to be escaping the worst of the downturn, up three per cent for the 12 months to September, regional Queensland is continuing its downward trajectory, dropping 14.7 per cent across the year, and 22.6 per cent in the last month alone (08 November 2018).  More... 

Brisbane’s International Cruise Terminal steams ahead
The Port of Brisbane expects the Brisbane International Cruise Terminal will generate around $5 billion in economic value to Queensland over 15 years. It is estimated the project will generate over 240 jobs a year over its two-year construction period and an additional 49 operational jobs each year over the next 20 year (08 November 2018).  More...  

Victoria

West Gate Tunnel builders go to Fair Work in bid to force agreement
Construction of the West GateTunnel, is in industrial strife after the toll road's builders failed to strike a deal with the state’s powerful building unions. The Unions have accused the project's builders, John Holland and CPB Contractors, of using the federal government laws to cut industry conditions and pay on the massive project (09 November 2018).  More... 

Victoria’s dependence on stamp duty revenue exposed
The Victorian Premier has highlighted the volatile nature of stamp duty revenue, with the  softening housing market set to strip $2.4 billion from the budget. Over the last decade, successive governments have become ever more dependent on stamp duty, which now accounts for 30 per cent of the state’s revenue (06 November 2018).  More... 

Victorian government eyes build-to-rent as developers prepare to deliver Melbourne’s first
The Victorian government is considering entering the build-to-rent sector, joining a handful of developers aiming to jump-start the concept in Australia (05 November 2018).  More... 

Published- articles, papers, reports

ACI Construction Briefs
A fortnightly communication highlighting key updates related to Australia's construction industry (13 November 2018).  More... 

Practice and courts

Infrastructure Australia: Two METRONET projects added to Infrastructure Priority List
Two projects in the Western Australian Government's METRONET rail program have been added to the Infrastructure Priority List after the business cases were assessed by Infrastructure Australia, the nation's independent infrastructure advisor (16 November 2018).
The revised Infrastructure Priority List is available here.

Department of Industry Consultations

Improving consultation and transparency of offshore oil and gas – draft regulations – closes 19/11/2018

New South Wales

New dates for Environmental Planning & Assessment Act updates
Councils, certifiers and other industry practitioners have more time to implement some of the recent EP&A Act updates. Changes affect new provisions for building and subdivision certification, Local Strategic Planning Statements for councils in the Greater Sydney Region and Community Participation Plans. While most of the changes will commence on 1 March 2018, there will be a number of other changes that will involve further design and consultation from mid to late 2018 outlined here.

Queensland

QBCC: Have your say on plumbing law reforms
The Department of Housing and Public Works has launched the final stage of consultation on major plumbing law reforms with: the latest draft Plumbing and Drainage Regulation 2018  and revised Queensland Plumbing and Wastewater Code . Two new draft guidelines are: Supervision of unlicensed persons carrying out drainage work and Supervision of Plumbing and drainage trainees.
This consultation provides further opportunity for industry, licensees and consumers to provide feedback on the regulation and code. Submissions close on Friday 30 November 2018 (14 November 2018).

QBCC: Compliance and enforcement targets met or exceeded
The Compliance and Enforcement Strategy 2017/18 set out seven compliance priorities the QBCC set out to address during the past financial year. All seven priorities have been met and in most cases the target has been exceeded, see illustration here (07 November 2018).  More... 

Victoria

VBA: VBA statement on Fire Protection work
The Plumbing Regulations 2018 come into effect on 18 November. These regulations provide clarity regarding the regulatory requirements for those who undertake routine servicing activities on fire protection equipment. This removes the ambiguity that existed in this area under the previous Plumbing Regulations 2008 (16 November 2018).  More... 

Cases

Chapel of Angels Pty Ltd v Hennessy Builder Pty Ltd & Anor [2018] QDC 218
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – RECOVERY – where plaintiff brought proceedings against Hennessey for damages for breach of contract and/or restitution of sums paid under the building contract entered into by the parties – whether the scope of work under the Building Contract included work for which the first defendant was unlicensed – where the first defendant was not licensed to construct an assembly building with a rise in storeys of two – whether on the proper construction of the Building Code of Australia, the Chapel undertaken to be built had a rise in storeys of two – whether, if the first defendant undertook to carry out unlicensed work, the plaintiff is entitled to restitution of all sums paid under the building contract – whether, if the first defendant undertook to carry out unlicensed work, the adjudication under the Building and Construction Industry Payments Act 2004 (Qld) for payment of sums due under the building contract is invalid.
CONTRACTS – BUILDING, ENGINGEERING AND RELATED CONTRACTS – REMUNERATION – RECOVERY ON QUANTUM MERIT – where the defendant claimed an entitlement to restitution on a quantum meruit basis – whether the defendant is entitled to restitution on a quantum merit basis.

Civex Pty Ltd v Fredon (Qld) Pty Ltd [2018] QDC 208
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – SUBCONTRACTORS’ CHARGES ACT (QLD) – APPLICATIONS TO COURT – where the applicant is the contracted party to a superior subcontract with the second defendant – where the respondent was subcontracted by the applicant to perform construction works – where the respondent served notices of claim of charge on both the applicant and second defendant for works carried out – where the second defendant paid charged monies into court – whether each of the charges notified by the respondent are void or invalid – whether parts of the respondent’s claim relating to the notified charges should be amended and/or struck out.
SUBCONTRACTORS’ CHARGES ACT – APPLICATION OF STATUTORY REGIME – where the statement of claim exhibits an absence of explicit reference to s 15 of the Subcontractors’ Charges Act – whether s 15(2) mandates a pleading of fact to establish that monies charged were payable at the time of pleading – whether failure to reference s 15 in the statement of claim exposes the charge to extinguishment under s 15(4).

Legislation

Queensland

Subordinate legislation as made - 09 November 2018
No 176 Proclamation—Building Industry Fairness (Security of Payment) Act 2017
No 177 Building Industry Fairness (Security of Payment) and Other Legislation Amendment Regulation 2018
No 178 Building Industry Fairness (Security of Payment) (Postponement) Regulation 2018

Contacts:
Brisbane
Troy Lewis, Partner & National Head of Construction and Infrastructure 
T: +61 7 3135 0614 
E: troy.lewis@holdingredlich.com

Stephen Burton, Partner 
T: +61 7 3135 0604 
E: stephen.burton@holdingredlich.com

Suzy Cairney, Partner 
T: +61 7 3135 0684 
E: suzy.cairney@holdingredlich.com

Melbourne
Stephen Natoli, Partner 
T: +61 3 9321 9796 
E: stephen.natoli@holdingredlich.com

Kyle Siebel, Partner 
T: +61 3 9321 9877 
E: kyle.siebel@holdingredlich.com

Sydney
Scott Alden, Partner 
T: +61 2 8083 0419 
E: scott.alden@holdingredlich.com

Christine Jones, Partner 
T: +61 2 8083 0477 
E: christine.jones@holdingredlich.com

Helena Golovanoff, Partner 
T: +61 2 8083 0443 
E: helena.golovanoff@holdingredlich.com

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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