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Inside track: Construction & Infrastructure

21 May 2019

#Construction & Infrastructure

Inside track: Construction & Infrastructure

In the media

Investors not feeling the heat on climate emergency
A majority of survey participants in the Global Construction Survey stated that although investors express interest in reliance-related factors (e.g. adapted to climate change or able to adapt to disruptive technology), underlying decisions are still based on more traditional cost matters (09 May 2019).  More...

Federal court ups penalty for company paying strike pay
The Federal Court has increased a penalty awarded against building company J Hutchinson Pty Ltd from $1,200 to $20,000. The ABCC filed an appeal from the Federal Circuit Court’s original decision on the basis the penalty was manifestly inadequate (08 May 2019).  More...

New South Wales

$200 million infrastructure funding for Sydney community
The City of Sydney is set to spend almost $200 million in the next financial year on major infrastructure projects across multiple communities. The  funding is part of a $1.6 billion 10-year budget for capital works that builds major community infrastructure, increases open space and reduces carbon pollution in Sydney communities (17 May 2019).  More...

Philip Thalis on Sydney’s future: Public treasures or throwaway junk buildings
Now renowned architect and City of Sydney councillor Philip Thalis has waded into the fray with a searing look at what will happen to public Sydney under the current regime of how it treats its built environment (14 May 2019).  More...

Queensland

Proposed Gold Coast cruise ship terminal grows in size, and possibly cost
Questions are raised about the financial viability of the Gold Coast's proposed $450 million cruise ship terminal, after a report shows the project would need to be much larger than planned for (07 May 2019).  More...

Victoria

Apartment developer fined $80,000 for unsafe worksites
A residential apartment developer has been fined $80,000 after WorkSafe inspectors detected multiple safety breaches at two construction sites in Melbourne’s eastern suburbs (15 May 2019).  More...

Published

The business case for social housing as infrastructure
Todd Denham, Jago Dodson, Julie Lawson
Australian Housing and Urban Research Institute: 15 May 2019
This research investigated frameworks for funding social housing as infrastructure, including cost-benefit analysis and alternatives such as ‘avoided cost’ and ‘housing adjusted life years’, to develop stronger analytical methods.  More...

Practice and courts

ABCB advice: ACT adoption of NCC 2019 deferred to 1 June 2019
The ACT Government has advised that the adoption of NCC 2019 will be deferred in the ACT to 1 June 2019 (08 May 2019).  More...

Queensland

QMBA: QBCC Standards and Tolerances Guide 2019
Master Builders, through consultation with the Queensland Building and Construction Commission (QBCC), has completed a review of the QBCC Standards and Tolerances Guide (17 May 2019).  More...

Safer Buildings: Map shows concentration of audited buildings across Queensland
The QBCC has released a map highlighting the concentration of buildings being audited for combustible cladding in Queensland. The QBCC blog has a guide to help buildings owners locate the right building industry professional to meet the requirements of Part 2 of the Safer Buildings combustible cladding checklist.  More...

Cases

YTO Construction Pty Ltd v Innovative Civil Pty Ltd [2019] NSWCA 110
CIVIL PROCEDURE - Pleadings - Fraud - Appellant alleged judgment founded on adjudication certificate under Building and Construction Industry Security of Payment Act 1999 (NSW) procured by fraud - Substance of fraud allegation not dealt with at first instance due to finding of deficient pleading - Whether fraud sufficiently pleaded - Whether appellant departed from its pleaded case - Whether primary judge erred in dismissing claim without addressing substance of case - Proceedings remitted to Equity Division for further hearing or redetermination.

Geneville Constructions Pty Ltd v Leslight (No 2) [2019] NSWDC 172
BUILDING AND CONSTRUCTION - absence of a formal detailed written contract between the parties - terms of alleged contract - extensive factual dispute between main witnesses on numerous issues - entitlement of plaintiff to recover under alleged contract - alternative claim for quantum meruit - extent of any entitlement of plaintiff to recover compensation - claim by the defendant client for damages for alleged defects, delays and other losses. Evidence Act 1995 (NSW), section 161; Home Building Act 1989 (NSW), sections 7, 7A and 10; Uniform Civil Procedure Rules 2005.

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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