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Inside track: Construction & Infrastructure

28 July 2020

#Construction & Infrastructure

Inside track: Construction & Infrastructure

In the media

Building efficiency for jobs and growth
An advocacy agenda released today by a coalition of industry bodies is calling on governments to make every building count in Australia’s economic recovery (21 July 2020).  More...

AIA survey reveals need for economic stimulus as pandemic stalls pipeline
The COVID-19 pandemic has resulted in a significant stalling of construction projects, finds a new survey by the Australian Institute of Architects. It identifies energy efficiency incentives, public building upgrades and investment in social and affordable housing as priority areas for stimulus (21 July 2020).  More...

Construction: Great expectations for economic recovery
Unifying global themes are emerging from differing government construction recovery plans. These themes provide insight for construction professionals to fully embrace new recovery opportunities (15 July 2020).  More...

Build community housing to help beat the COVID-19 recession, Federal Government urged
The nation's largest community housing advocacy group is urging the Government to invest in more social housing not only to help those in need get a roof over their heads, but as a major boost to the economy during the COVID-19 recession (15 July 2020).  More...

HIA: Pressure on home building prior to COVID
There was a modest lift in dwelling starts in the March 2020 quarter but new starts were still eclipsed by completions. There were more new homes completed than new projects getting underway and as a consequence there are now fewer active building sites around the country (15 July 2020).  More...

HIA: New Home Sales Soar in Response to HomeBuilder
New Home Sales have risen by 77.6per cent in June, from a record low result in May, off the back of the Government’s HomeBuilder program announced at the beginning of the month,” commented HIA Chief Economist, Tim Reardon (13 July 2020).  More...

New South Wales

Outer Metro Sydney suffers in peak: IPA and Uber Report
Infrastructure Partnerships Australia’s Australian Travel Time Metric - Australia’s regular measurement of actual road network performance using anonymised and aggregated Uber data - shows Sydneysiders from the outer metro are suffering during peak commutes, strengthening the case for ongoing investment and reform in transport infrastructure (22 July 2020).  More...

Developers submit plans to build twin 80-storey skyscrapers in centre of Sydney
Chinese-based developers hope to build twin 80-storey skyscrapers in Sydney's CBD after submitting new plans. The New York-inspired buildings would include 158 hotel rooms and 600 apartments (22 July 2020).  More...

Reforms for a world class planning system
Drastically reduced planning assessment times, less red tape, and user friendly e-planning tools will help turbo-charge the economic recovery, through an $83 million New South Wales Planning Reform Action Plan revealed. More...

Queensland

Brisbane commuters spend 45 hours a year in traffic: IPA and UBER Report
Infrastructure Partnerships Australia’s Australian Travel Time Metric - Australia’s regular measurement of actual road network performance using anonymised and aggregated Uber data – shows Brisbane commuters spend 45 hours each year in traffic, strengthening the case for ongoing investment and reform in transport infrastructure (22 July 2020).  More...

Renewable energy pitched to create hundreds jobs for North West Queensland
A $600 million renewable energy project planned for Mount Isa is expected to create hundreds of jobs during construction and produce cheaper, cleaner power for North West Queensland (21 July 2020).  More...

Construction begins on Marine Quarter
Led by Australian property developer Buildcap, Gold Coast tower ​Marine Quarter​ will begin construction this June following the recent appointment of ​GCB Constructions to the highly anticipated build (27 July 2020).  More...

Victoria

Face masks now compulsory for the building and plumbing industry
As the number of coronavirus (COVID-19) cases continues to rise via community transmission, it is now more important than ever that we all practise good hygiene, maintain social distancing and take extra precautions to slow the spread of infection (24 July 2020).  More...

Victorian road construction blitz recognises benefits of a better deal for Australian mid-tier contractors
The breaking up of a $2.2 billion road construction blitz by the Victorian Government into 12 priority projects is a strong move which will grow the economy and opportunities for Australian Mid-Tier and smaller contractors (23 July 2020).  More...

Recladding a 20-Storey Apartment Tower
After the Lacrosse apartment tower fires in 2014, the Owners Corporation of the Aurora Apartments (pictured above) in the City of Melbourne had samples taken from the paneling system on their building’s façade tested for analysis. This case highlights an example of how a successful cladding rectification project should be approached (23 July 2020).  More...

McDonald's is building its 1000th restaurant in Australia, a 'sustainability flagship' site in Melton South, Victoria
The fast-food giant is building its 1000th restaurant since it first opened shop in Sydney in 1971. The new restaurant is in Melton South, Victoria and will be McDonald’s flagship sustainability site. The building and its furnishings will incorporate recycled materials (24 July 2020).  More...

Melbourne Outer Metro commute the worst of the pack: IPA and Uber Report
Infrastructure Partnerships Australia’s Australian Travel Time Metric - Australia’s regular measurement of actual road network performance using anonymised and aggregated Uber data - shows Melbourne drivers travelling from the outer metro into the CBD spend the most time stuck in traffic of the four largest cities, strengthening the case for ongoing investment and reform (22 July 2020).  More...

Cases

Queensland

Murphy v Queensland Building and Construction Commission [2020] QCAT 255
BUILDING DISPUTE - DIRECTIONS TO RECTIFY – where applicant claimed Tribunal lacked jurisdiction to hear review application - whether decision to withdraw direction to rectify constituted a reviewable decision – where applicant has misconceived the role of the respondent to issue direction to rectify – where applicant has misconceived role of Tribunal to determine application – expert conclave
Queensland Building and Construction Commission Act 1991 Qld ss 71, 72, 72A, 73, 86(1)(e), 86(1)(f), 87; Queensland Civil and Administrative Tribunal Act 2009 Qld ss 20, 24

Victoria

Watpac Constructions Pty Ltd v Collins & Graham Mechanical Pty Ltd [2020] VSC 414
BUILDING CONTRACTS – Building and Construction Industry Security of Payment Act 2002 (Vic) (‘the Act’) – Deemed termination for convenience on a ‘finding’ of repudiation by the principal – Reference date referrable to the payment claim required a ‘finding’ of repudiation – Whether requiring a ‘finding’ of repudiation had the effect of excluding, modifying or restricting the operation of the Act within the meaning of s 48 – Whether s 48 of the Act rendered an offending clause as void in its entirety – Meaning of ‘provision’ in s 48 of the Act considered.
BUILDING CONTRACTS – Whether severance of the contractual provision engaging s 48 of the Act available.
JUDICIAL REVIEW – Finding by adjudicator of repudiation – Principles to be applied in deciding jurisdictional facts on judicial review – Burden of proving jurisdictional error rests with the applicant.
JUDICIAL REVIEW – Whether a court may exercise its residuary discretion not to permit a full trial of a construction dispute in determining a review of an adjudicator under the Act queried.

1155 Nepean Hwy v Promax Buildings [2020] VSC 398
ADMINISTRATIVE LAW – Judicial review – Injunction enjoining the Adjudicator from making any adjudication determination – Injunction enjoining first defendant from making any further adjudication application – Compliance with service requirements of s 18(5) of the Building and Construction Industry Security of Payment Act 2002 (Vic) – Whether service required as soon as practicable or within a reasonable time under s 18(5) of the Building and Construction Industry Security of Payment Act 2002 (Vic) - Validity of new adjudication application under s 28 of the Building and Construction Industry Security of Payment Act 2002 (Vic) – Time for service of adjudication application - Building and Construction Industry Security of Payment Act 2002 (Vic), ss 18(5), 20 , 22, 28.

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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