In the media – National

Public sector construction projects are lighting up the sky
It comes as little surprise that a decline in business investment, led by a reduction in mining-related engineering construction expenditure, is providing some headwinds to the Australian economy (15 August 2016).  More...

Record keeping: Know your responsibility
In Australia, like most developed countries, we have a general expectation of safety. In the built environment, much of this safety (after the construction and occupation phases) is ensured by the ongoing maintenance of relevant life safety systems such as fire protection equipment (15 August 2016).  More...

National guidelines for planning resilient communities released
Built environment professionals can ensure Australian communities are better protected from the impacts of climate change and natural disasters by getting a better understanding of risk and resilience and how to factor them into plans and buildings, according to the Planning Institute of Australia (12 August 2016).  More...

Asbestos Confirmed at Tasmania’s Biggest Hospital
Material which was disturbed at the construction site of the new Royal Hobart Hospital has been confirmed as asbestos as dangers associated with what is currently the largest dollar value construction project in Tasmania continues to come to light (11 August 2016).  More...

Treasurer blocks sale of Ausgrid to Chinese, Hong Kong bidders
Scott Morrison made a preliminary decision to block the sale of New South Wales electricity provider Ausgrid to Chinese and Hong Kong bidders, citing "national security concerns", in a major setback to Premier Mike Baird.  More (ABC News)...  More (NSW Government)...

MBA: Building conditions continue to ease
Building industry conditions and expectations continued to ease in the June Quarter 2016 across both the residential and the non-residential sectors. Most of the indicators in Master Builders National Survey are sitting at or around the neutral point (10 August 2016).  More...

Battery storage set to strengthen South Australian grid
The world’s largest battery storage ‘virtual power plant’ is set to land in South Australia, boosting grid stability, reducing power price volatility and supporting renewable energy (05 August 2016).  More...

Queensland Government: Dutton fails Queensland on deadly asbestos imports
A shocking report supressed for five months shows the Turnbull Government is failing to stem the flow of deadly asbestos into Australia, and ultimately onto Queensland construction sites including 1 William Street.  More (QLD Gov Media Release 1)...  More (QLD Gov Media Release 2)...

UBS: Australia's housing construction boom has a couple of years to run yet
For the second month in a row, Australian building approvals tumbled in June, adding to evidence that Australia’s residential building boom is nearing, or perhaps at, its cyclical peak. At 233,246, the number of building approvals over the past year is now 3.2% below the record-high of 241,016 struck in the year to October 2015 (02 August 2016).  More...

FWBC alleges worker stopped from working on site for not being a CFMEU member
FWBC has filed proceedings in the Federal Court against the CFMEU and its officer, Andrew Harisiou, for allegedly refusing to allow a worker who was not a member of the CFMEU to work on the Pacific Werribee Shopping Centre site (01 August 2016).  More...

Australia’s renewables map shows new opportunities
CSIRO’s data research and development body Data61, last week unveiled the new and improved Australian Renewable Energy Mapping Infrastructure (AREMI) at the Clean Energy Summit in Melbourne (02 August 2016).  More...

In the media – Victoria

World’s best shortlisted to build the metro tunnel
Premier Daniel Andrews and Minister for Public Transport Jacinta Allan announced the shortlisted bidders for the $6 billion Public Private Partnership (PPP) to build the biggest public transport project in Victorian history. Work on the tunnel and stations will begin in 2018 (12 August 2016).  More...

State Inspection Program 2016-17
Consumer Affairs Victoria will inspect more than 5,600 Victorian businesses this financial year, as part of a state-wide inspection program for compliance with laws, protection of consumers by removing unsafe products from sale and investigation of breaches of our laws including conveyancers, domestic builders (contractual requirements) and estate agents (trust accounts, property sales, property and office management) (03 August 2016).  More...

In the media – New South Wales

First enforceable undertaking for new New South Wales resources regulator
The New South Wales’ Department of Industry’s Resources Regulator has accepted enforceable undertakings from KEPCO Bylong Australia Pty Limited and WorleyParsons Services Pty Limited following the Regulator’s investigation into both companies for allegedly providing false information under section 378C of the Mining Act 1992 (09 August 2016).  More...

Compliance Report for June shows inspections across NSW
Approval conditions at major infrastructure project sites across the state are being checked by compliance officers from the Department of Planning and Environment (05 August 2016).  More...

Home approvals record to boost supply and tackle affordability
More than 70,000 New South Wales’ homes were given the green light in the 2015-16 financial year as the State’s strong housing pipeline grew to record-breaking levels (02 August 2016).  More...

In the media – Queensland

Value capture to end infrastructure free rides
Big landholders clean up big-time when a major transport project goes in near them, but now they might have to pay their way, like the trucking industry (10 August 2016).  More...

Major works start on Gold Coast Light Rail Stage 2
Helensvale station is set to become the most advanced, modern public transport interchange in the country, with major works now underway to build the $420 million Gold Coast Light Rail Stage 2 extension. In an Australian-first, the Stage 2 project will also deliver the first public transport station that will integrate all modes of passenger transport (05 August 2016).  More...

Elevated levels of nickel found in sediment near Clive Palmer's Yabulu refinery
The Queensland State Government says the refinery's operator, Queensland Nickel Sales, alerted the Department of Environment and Heritage Protection on Wednesday that routine testing of soil had detected elevated levels of nickel (05 August 2016).  More...

Taxpayers exposed to $3bn clean-up bill of Queensland's coal mines, Government report warns
Taxpayers are exposed to a $3.2-billion black hole in funding for the future environmental clean-up of the state's coal mines, an internal Queensland Government report has warned (04 August 2016).  More...

Hundreds of Queensland construction jobs to go, insolvency experts warn
Southeast Queensland’s construction industry is on the brink of implosion, a new report has warned, with more than 400 businesses tipped to hit the wall in the next 12 months. The construction hotspot of the Gold Coast is tipped to suffer most, the August 2016 Commercial Risk Outlook Report by insolvency experts SV Partners predicted (04 August 2016).  More...

Published

Australian Bureau of Statistics
02 August 2016 - Building Approvals, Australia, Jun 2016 (cat no. 8731.0).

Practice and courts

ABCB: Commercial Energy Efficiency Workshop
The inaugural technical workshop for commercial energy efficiency for NCC 2019, hosted by ASBEC (05 August 2016).  More...

ABCB: Guidance material for climate responsive designs
Suite of guidance materials to demonstrate NCC compliance options for climate responsive designs (04 August 2016).  More...

Cases

Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd (No 2) [2016] FCA 883
CONTRACT – building contract – builder claimed it was not paid for certain additional works.
TRUSTS AND TRUSTEES – unit trust for property development project – where unit holder not paid its share of the proceeds of the project – form of orders.
Federal Court of Australia Act 1976 (Cth), s 51A Penalty Interest Rates Act 1983 (Vic); Trade Practices Act 1995 (Cth), ss 52, 51AC. 

Griffin Energy Group Pty Ltd (subject to a Deed of Company Arrangement) v Laughland [2016] NSWSC 1057
PROCEDURE – judgments and orders – stay pending outcome of related proceedings in different jurisdiction PROCEDURE – separate questions – whether order should be made. 

Laing O'Rourke Australia Construction Pty Ltd -v- Samsung C&T Corporation [2016] WASCA 130
Statutory interpretation - Proper construction of s 6(a) of the Construction Contracts Act 2004 (WA) - When 'payment dispute' arises.
Administrative law - Judicial review of determinations made by adjudicators pursuant to the Construction Contracts Act 2004 (WA) - Whether adjudicator committed jurisdictional error. Building and construction law - Construction Contracts Act 2004 (WA) - Application for leave to enforce adjudicator determination as judgment of the court - Principles governing grant or refusal of leave - Role of court in exercising discretion to grant or refuse leave in light of jurisdiction of adjudicator.  

Contact:

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: T: +61 7 3135 0684
E: suzy.cairney@holdingredlich.com

Melbourne

Stephen Natoli, Partner
T: +61 3 9321 9796
E: stephen.natoli@holdingredlich.com

Sydney

Christine Jones, Partner
T: +61 2 8083 0477
E: christine.jones@holdingredlich.com

Scott Alden, Partner
T: +61 2 8083 0419
E: scott.alden@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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