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Inside track: Construction & Infrastructure

04 June 2019

#Construction & Infrastructure

Inside track: Construction & Infrastructure

In the media

Falling business investment, building approvals point to deepening economic slowdown
Australia's first quarter economic growth looks like being anaemic after far weaker than expected private business investment data is released (30 May 2019).  More... 

New Federal Ministry bodes well for infrastructure sector
Industry bodies are praising the new Federal Ministry for placing elevated emphasis on key infrastructure, energy, logistics and planning for population growth to tackle Australia’s future challenges (29 May 2019).  More... 

New South Wales

Allianz Stadium demolition moves ahead
Lendlease has reached another major milestone in the demolition of Sydney’s Allianz Stadium, tearing down the eastern grandstand on Wednesday. No company has yet been commissioned to build the stadium with construction of the new stadium set to commence following receipt of a stage two planning approval (30 May 2019).  More...  

Greater Sydney housing supply forecast: 191,550 new homes by 2023
Construction of 191,550 new homes in Greater Sydney is forecast in the next five years, a 22 per cent increase, or an extra 34,300 new homes, with Parramatta anticipated to become home to a vast majority of them (23 May 2019).  More...  

Queensland

QMBA: Growing crisis for Building Certification
The ongoing cladding problem brought on by building fires around the world, particularly London’s Grenfell and in Australia, Melbourne’s Lacrosse has highlighted the risk to insurers in the professional indemnity (PI) policies they carry. As a result, building certifiers everywhere are facing challenges when it comes time to renew their policies (30 May 2019).  More...  

Brisbane Metro to reshape Adelaide Street
Brisbane City Council has released its plan to transform one of the cities vital public transport corridors into a new transit boulevard, including an underground tunnel entry for Brisbane Metro (30 May 2019).  More... 

Palaszczuk Government seeks to establish Resources Community Infrastructure Fund
The Palaszczuk Government will look to partner with some of Queensland’s biggest mining companies to create a Resources Community Infrastructure Fund (29 May 2019).  More...  

New $250m underground plans for Roma Street
Brisbane's Roma Street busway station will be dug underground and integrated with the new Cross River Rail platforms, in a $250 million plan announced on Friday (27 May 2019).  More... 

Victoria

Pallas delivers strong infrastructure budget despite revenue write down
Treasurer Tim Pallas has delivered another stellar infrastructure budget for the people of Victoria, despite domestic headwinds and a downward revision to the state’s stamp duty revenue, says industry think tank Infrastructure Partnerships Australia (29 May 2019).  More... 

State Budget – What does it mean for the housing industry?
The Government has presented the state as being in a strong economic position with employment growth, big infrastructure spends and a surplus of over $1 billion in 2019/20,growing to almost $5 billion dollars over the next four years (28 May 2019).  More... 

Published

Understanding the assumptions and impacts of the Victorian Public Housing Renewal Program
David Kelly, Libby Porter; Centre for Urban Research (RMIT): 30 May 2019
This report, evaluating the Victorian government’s program to redevelop inner suburban public housing estates, says the plan may reduce the amount of homes available for vulnerable households.  More... 

What’s stopping Adani?
The Australia Institute: 23 May 2019
This briefing paper argues that Adani is not “ready to go” with its Carmichael coal mine.  More... 

Australian Bureau of Statistics
30/05/2019 Building Approvals, Australia, Apr 2019 (cat no. 8731.0)
22/05/2019 Construction Work Done, Australia, Preliminary, Mar 2019 (cat no. 8755.0)

Cases

New South Wales

Sought After Investments Pty Ltd v Unicus Homes Pty Ltd [2019] NSWSC 600
BUILDING AND CONSTRUCTION – payment claims under the Building and Construction Industry Security of Payment Act 1999 (NSW) – adjudication determination – whether multiple payment claims served in respect of one reference date – whether multiple supporting statements issued in respect of one payment claim – whether more than one supporting statement could be provided in respect of a single payment claim.  

Florida Kitchens Pty Ltd v Number One Marble and Granite [2019] NSWSC 574
PRACTICE AND PROCEDURE — Costs — Security costs — Application for security for costs — UCPR 42.21 — Where there is reason to believe the plaintiff will be unable to pay costs if so ordered. 

Victoria

RW Health Partnership Pty Ltd v Lendlease Building Contractors Pty Ltd [2019] VSC 353
ARBITRATION – Whether dispute resolution clause required expert determination or arbitration – Principles for the construction of dispute resolution clauses considered.
CONTRACT – Whether the parties correspondence in preparation for an arbitration constituted an ad hoc agreement to arbitrate.
ELECTION – Whether by its correspondence the first defendant had elected to arbitrate the relevant dispute – Whether to choose arbitration rather than expert determination was to elect between inconsistent substantive rights.
WAIVER – Principles of waiver considered – Whether by its correspondence the first defendant has unequivocally abandoned its right to expert determination.  

Valeo Construction v Tiling Expert [2019] VSC 291
ADMINISTRATIVE LAW – Judicial review – Relief in the nature of certiorari – Injunctions – Declarations – Whether Adjudication Determination is vitiated by jurisdictional error – Error of law on the face of the record - Review of jurisdictional facts - Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 56.
BUILDING CONTRACTS – Whether settlement agreement was a genuine resolution of matters in dispute and whether such agreement amounted to contracting out of the Building and Construction Industry Security of Payment Act 2002 (Vic), ss 9, 14, 21(2B), 23(2), 48.

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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