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Inside track: Construction & Infrastructure

29 January 2020

#Construction & Infrastructure

Inside track: Construction & Infrastructure

In the media

CEFC launch green home loan
The Clean Energy Finance Corporation (CEFC) has launched a new green home loan to encourage the construction of energy efficient homes throughout Australia. CEFC has committed $60 million to the program, which will deliver discounted interest rates to qualifying builders and home buyers (14 January 2020).  More...  

Australian building codes don’t expect houses to be fire-proof – and that’s by design
More than 2,000 homes have been destroyed in Australia since the start of the bushfire season. Appropriate building codes are about weighing costs and benefits. Only analysing the reasons buildings were destroyed will tell us if more needs to be done (14 January 2020).  More... 

NSW

$10 million to kick-start Coffs Harbour Enterprise Park
The first sod has been turned to mark the start of construction of the Coffs Harbour Airport Enterprise Park today after the Coalition Government delivered $10 million for the project (25 January 2020).  More... 

Reforms to improve the building and construction industry
Plans to overhaul the building and construction industry will improve transparency, accountability and quality of work. The plan outlines how the NSW Government will overhaul the building and construction industry under six reform pillars (23 January 2020).  More... 

Builders hail proposed construction site reform plan as a ‘game-changer’
The building industry has welcomed the NSW government’s plan to overhaul management of construction sites and restore confidence to the sector, calling the reforms a “game-changer” that will prevent unscrupulous operators from erecting apartment blocks (21 January 2020).  More... 

Queensland

Australia's largest school solar farm under way
The installation of Australia's largest private school solar farm at Shalom College in Bundaberg has begun after almost three years of planning. Renewable energy company Gem Energy has undertaken work on the project and has utilised local installation company, Elvery's Electrical, to assist with the installation (24 January 2020).  More... 

Queensland eyes largest-ever road rollout in 2020
The sunshine state’s biggest-ever road upgrade program will get underway this year. Queensland businesses, tradies and contractors are gearing up for the jobs bonanza, with the Palaszczuk Government continuing its record $23 billion roads and transport rollout (22 January 2020).  More... 

Feluga intersection upgrade accelerated
Funding to upgrade a notorious intersection of the Bruce Highway at Feluga, near Tully has been fast-tracked following the community’s feedback (22 January 2020).  More... 

Building for bushfires in Queensland
With the recent tragic bushfire events across Australia and predictions of similar conditions into the future, it’s never been more important to understand the requirements of building in bushfire prone areas (17 January 2020).  More... 

QBCC: False claims, fire testing reports a frequent focus of specialist unit
Manufacturers and product suppliers who make exaggerated and false safety claims about their products have been the main focus of a specialist unit within Queensland’s building regulator. Non-compliant timber cladding, insulation, cyclone-resistant sheds and unsafe pool fencing are some of the most dangerous products the team has investigated (13 January 2020).  More...

Practice and courts

Queensland 

QBCC: Safer Buildings program enters final stage
The QBCC is administering the three-part Safer Buildings program to understand the extent of combustible cladding use in Queensland’s private buildings. The Safer Buildings program has advanced considerably with Part 3 of the combustible cladding checklist now underway. The deadline for building owners to finalise the Part 3 assessment is 3 May 2021. For more information on the Safer Buildings program, visit www.saferbuildings.qld.gov.au

Victoria

VBA: professional indemnity insurance
On 15 February 2020, the Victorian Building Authority (VBA) will implement new minimum insurance requirements, after Planning Minister Richard Wynne issued a new Ministerial Order extending existing insurance requirements for building surveyors and inspectors to quantity surveyors, engineers and draftspersons.

Engagement begins for engineers' registration scheme
The new Professional Engineers Registration Act 2019 will initially require structural, civil, mechanical, electrical and fire safety engineers to be registered.  The scheme is due to commence from 1 July 2021 and has been designed to include other engineering disciplines over time. Public consultation will occur via Engage Victoria in the first half of 2020. Victorians can get updates on the professional engineers' registration scheme, and proposed timelines, on Engage Victoria

VBA:  Carpenters selected for first stage of trades registration
Carpenters will be the first group of trades registered under Victoria’s recently developed trades registration framework. Provisional registration and licensing for carpenters is expected to commence in mid-2021. For more information and answers to frequently asked questions, refer to the Engage Victoria website

Proposed Electricity Safety (Electric Line Clearance) Regulations 2020
ESV invites interested parties to make comments on the regulatory impact statement and proposed Regulations including any proposed fees. Submissions must be received by  6 March 2020.  More... 

Cases

NSW

Goncalves v Bora Developments Pty Ltd; Bora Developments Pty Ltd v Goncalves [2020] NSWCATAP 9
CONTRACTS — Construction and interpretation — Parol evidence rule — evidence of subsequent conduct inadmissible in the interpretation of a contract wholly in writing — Termination — Breach of term — Remedies — Damages — After repudiation – Quantum Meruit - Contract price providing a ceiling on amount recoverable. 

Queensland

Bein v Brooks & Anor [2020] QCAT 5
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – OTHER MATTERS – where an application to strike out was brought on the basis of non-compliance with section 77(2) of the Queensland Building and Construction Commission Act 1991 (Qld) – where it was held that the applicant had complied with a process established by the commission to attempt to resolve the dispute in accordance with section 77(2) – whether the filing of a letter from the Queensland Building and Construction Commission as to participation in a dispute resolution process is a procedural or a jurisdictional step
Queensland Building and Construction Commission Act 1991 Qld s 77(2); Queensland Civil and Administrative Tribunal Act 2009 Qld s 61, s 100, s 102

Benjamin v KMV Constructions Pty Ltd & Ors [2020] QDC 3
APPLICATION – CIVIL PROCEDURE – FREEZING ORDER – SALE OF PROPERTY - where plaintiff contracted the first defendant to construct a residential dwelling on property owned by the plaintiff – where second and third defendants were at the time directors of the first defendant – where dispute arose concerning completion of building contract – where plaintiff brings an application for a freezing order in relation to third defendant’s property – where that property has been advertised for sale – where claim is based solely on contract with First Defendant – where no claim is properly pleaded against Third Defendant where no good arguable case. UCPR r 260A, r 260D(2) and (3)
Uniform Civil Procedures Rules 1999 Qld r260A, r260D(2), r260D(3)

Legislation 

Queensland

Queensland Building and Construction Commission and Other Legislation Amendment Regulation 2019 (Qld)
13/12/2019 - This Regulation is made under the Queensland Building and Construction Commission Act 1991 and Building Industry Fairness (Security of Payment) Act 2017. The objective of the Regulation is to correct minor errors and omissions that have been identified in the Queensland Building and Construction Commission Regulation 2018 and the Building Industry Fairness (Security of Payment) Regulation 2018.

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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