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Inside track: Construction & Infrastructure

30 June 2020

#Construction & Infrastructure

Inside track: Construction & Infrastructure

In the media

Wake up call for labour hire employers on wages
An Australian Building and Construction Commission (ABCC) audit of 63 labour hire employers revealed a disappointing 79 per cent didn’t meet all their obligations under Australia’s workplace laws (19 June 2020).  More...

Building efficiency for jobs and growth
An advocacy agenda released by a coalition of industry bodies is calling on governments to make every building count in Australia’s economic recovery. The sector focused platform, which leverages recommendations from the flagship report Every Building Counts highlights ways that energy efficiency building programs can boost construction activity and jobs (17 June 2020).  More... 

Export ban means its time to stop wasting our waste
New research from Infrastructure Partnerships Australia shows our looming waste crisis is a once in a generation opportunity to embrace energy recovery as an effective way of managing waste and providing baseload power (16 June 2020).  More...

Court decision clears way for cladding class action to continue
A class action seeking product liability damages from a cladding maker has scored a “major win” in the FCA, paving the way for the lawsuit to continue, litigation funder Omni Bridgeway says. The class action against 3A Composites and Sydney-based HVG commenced last year and last February, it gained approval from the court to also seek damages for false or misleading representations (15 June 2020).  More...

New South Wales

Western Sydney City Deal delivering jobs and community infrastructure for the Parkland City
Activity across Western Sydney has cranked up a gear with work commencing on the Campbelltown Billabong Parklands (24 June 2020).  More...

Registrations for engineers compulsory in New South Wales
Australia’s three largest states now require engineers to have compulsory registration after the New South Wales government passed laws to reform the state’s building sector. The new laws, which will initially apply to professional engineers in the civil, structural, electrical, mechanical and fire safety engineering fields (23 June 2020).  More...

Planning approval granted for new Sydney Fish Market
A world class new Sydney Fish Market is one step closer with the Department of Planning, Industry and Environment granting planning consent for the project (17 June 2020).  More...

Queensland

Construction powers ahead on historic port upgrade
The $193 million Port of Townsville Channel Upgrade Project has undergone  a project milestone, with the delivery of more than half of the total rock required to build a protective sea wall (26 June 2020).  More...

$415M investment to create more infrastructure jobs in QLD
The Commonwealth and Queensland Governments have announced that they will jointly invest an additional $415 million to deliver shovel-ready infrastructure projects and urgent road safety upgrades across the state (24 June 2020).  More...

Queensland Government announces raft of new grants for first home owners, small business, seniors
The Queensland Government has announced big ticket cash grants for first home owners, small businesses, seniors needing household repairs and a $100 million program to build social housing around the state (16 June 2020).  More...

Victoria

Billion dollar boost to building and construction
Treasurer Tim Pallas announced the Government’s Building Victoria’s Recovery Taskforce had helped fast-track another seven projects, which have all now received planning approval (26 June 2020). More...

Fixing flammable cladding faster and creating local jobs
Government announced the world first program will be accelerated to work closely with industry, with work to start on up to 400 buildings within two years. Cladding Safety Victoria (CSV) will work with a select group of reputable builders to rectify their projects at no-profit (23 June 2020). More...

Farmers fight plans to install high-voltage transmission line
A proposed high-voltage power project over farmland causes community distress in western Victoria (18 June 2020).  More...

Cases

New South Wales

TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 118
Leave to appeal refused, with costs.
BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payments Act 1999 (NSW) - builder served payment claim - developers failed to serve payment schedule - builder obtained judgment pursuant to Act - developers' appeal from judgment dismissed - proceedings based on construction contract pending in Technology and Construction List - late filing of cross-claim by developers - no explanation for late filing of cross-claim - developers seek further stay of judgment pending determination of main proceedings - developers claimed that they would be wound up if no stay were ordered and the cross-claim would not be adjudicated - primary judge dismissed application for a stay - whether any error of principle - whether principles in a “Grosvenor stay” applicable - Grosvenor Constructions (NSW) Pty Ltd v Musico [2004] NSWSC 344 considered - whether developers had demonstrated basis for stay of execution - leave to appeal refused
Building and Construction Industry Security of Payment Act 1999 (NSW), ss 13, 32; Civil Procedure Act 2005 (NSW), s 56

Queensland

Murphy Operator & Ors v Gladstone Ports Corporation (No 6) [2020] QSC 192
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – DISCOVERY AND INTERROGATORIES – DISCOVERY AND INSPECTION OF DOCUMENTS – DISCOVERY OF DOCUMENTS – APPLICATION AND ORDER – APPLICATION – where the plaintiff seeks order that defendant disclose numerous documents – where defendant resists on the grounds that the documents are irrelevant – whether the documents fall into the categories for discovery – whether the documents are relevant to issues raised in the pleadings – whether the documents ought be disclosed
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – SECURITY FOR COSTS – AMOUNT AND NATURE OF SECURITY – where defendant seeks further security for costs – where plaintiff agrees that further security for costs is required – where parties cannot agree as to form and quantum of security – where security for costs previously provided as a deed of indemnity from a company based in the United Kingdom – where the defendant submits that due to COVID-19, Brexit, and a loss of £20.2 million a further deed of indemnity would be an inappropriate from of security - whether there has been a material change in the company which provided the previous deeds of indemnity – where the appropriate quantum for security for costs needs to be assessed by the court
Uniform Civil Procedure Rules 1999 Qld r 211, r 223, r 670, r 671, r 673

Project 88 TPF Pty Ltd v Open Projects Group Pty Ltd [2020] QSC 167
CORPORATIONS – WINDING UP – WINDING UP IN INSOLVENCY – STATUTORY DEMAND – APPLICATION TO SET ASIDE DEMAND – GENUINE DISPUTE AS TO INDEBTEDNESS – where the parties entered into a commercial building contract for the respondent to fit out the applicant’s premises – where the applicant fell behind in its payments – where the respondent contends that the parties settled on a compromise agreement out of which a debt, in the amount of $450,000, was due and payable and forms the basis for the statutory demand – where the applicant disputes that a settled compromise agreement was reached – whether there is a genuine dispute about the debt. Corporations Act 2001 Cth s 459E, s 459G, s 459H, s 459J

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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