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Inside track: Construction & Infrastructure

20 October 2020

#Construction & Infrastructure

Inside track: Construction & Infrastructure

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).  More...

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).  More...

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).  More...

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).  More...

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).  More...

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).  More...

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).  More...

$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).  More...

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).  More...


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).  More...

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).  More...

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).  More...

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).  More...

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).  More...

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. 

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 newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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