In the media

Major building firm in court for allegedly discriminating against subcontractor
A tiling company who had a legal enterprise agreement (EBA) registered with the Fair Work Commission was refused a contract with a Queensland construction company because the agreement was not endorsed by the CFMEU, according to a claim lodged in the Federal Circuit Court (25 February 2016).  More...

Actions to be taken on Fire Safety in High Rise Buildings
At the Building Ministers' Forum (BMF) of 19 February 2016, Ministers agreed to work cooperatively to implement a range of measures to address safety issues associated with high risk building products, specifically associated with cladding used in high rise buildings (24 February 2016).  More...

Victoria

Jobs Boost From $400 Million Longford Pipeline Project
The Minister for Energy and Resources Lily turned the first sod on Esso Australia’s $400 million Longford pipeline replacement project at Rosedale, near Sale. The project will create around 500 construction jobs (17 February 2016).  More...

VBA Releases External Wall Cladding Audit Report
The Victorian Building Authority (VBA) External Wall Cladding Audit has found Melburnians can continue  to have confidence in the safety of the buildings they live in and use but that non-compliance in the use of external wall cladding materials is unacceptably high (17 February 2016).  More... 

New South Wales

Delivering more social housing
The plan to deliver an estimated $2.5 billion of new social, private and affordable housing and housing infrastructure to the heart of Sydney’s West has begun (26 February 2016).  More...

Delta Constructions Prosecuted
Parramatta Local Court convicted Delta Constructions Australia Pty Ltd for not providing a certificate of insurance despite having received payment of $10,000, and not providing the consumers with a written contract that complied with the Home Building Act 1989. Further, the building contract presented to the consumers did not comply with the requirements set out in the Act (19 February 2016).  More...

Queensland

Collaborative national approach to improving building safety standards
Building ministers from across the country have established a national response to restricting the use of non-conforming building products. Further work will continue with the Australian Building Codes Board to review the National Construction Code related to high risk building products (25 February 2016).  More...

Queensland housing construction on the rise
Construction of new houses in Queensland grew by almost 23 per cent over the year to December quarter 2015, reflecting stronger confidence in the state’s economy under the Palaszczuk Government, Treasurer Curtis Pitt said today (24 February 2016).  More...

Seniors housing initiative for regional Queensland
A new Palaszczuk Labor Government initiative plans to build adaptable housing in regional communities with a pilot scheme targeting up to four towns in Central West and North West Queensland(24 February 2016).  More...

Renewable energy investment and job boom looms for Queensland
Almost $2.5 billion in renewable energy projects have been proposed across regional Queensland in response to the Palaszczuk Government’s energy policies. These projects are spread across the State and from a range of technologies including solar, wind and biomass (18 February 2016).  More...

Fears flammable non-compliant cladding used on Gold Coast construction sites
An investigation is underway into potentially flammable cladding being used on Gold Coast building sites (19 February 2016).  More...

$70 million infrastructure funding brought forward
The Palaszczuk Government’s $70 million critical regional infrastructure fund has been accelerated by six months to stimulate jobs and economic growth in regional Queensland (18 February 2016).  More...

Published

Australian infrastructure plan
Infrastructure Australia: 17 February 2016
Presents the infrastructure challenges and opportunities Australia faces over the next 15 years and the solutions required.  More...

Practice and courts

Building Ministers' Forum
The last BMF was held on 19 February 2016 at Bond University on the Gold Coast. This meeting focused on strategies and measures to ensure the community can continue to have confidence in the safety of buildings in Australia (19 February 2016).  More...

Agency raises asbestos imports at Senate Inquiry into non-conforming building products
The Chief Executive Officer of the Asbestos Safety and Eradication Agency appeared at the Senate Economics References Committee Inquiry into non-conforming building products hearing on 15 February 2016 in Melbourne to discuss the illegal importation of asbestos-containing materials in the building industry.  More...

AIBS: Construction Product Alliance Autumn 2016 Non- Conforming Product Update
The Construction Product Alliance (CPA) has released their Autumn 2016 Non-Conforming Product Update (26 February 2016).  More...

Announcements, Draft Policies and Plans released 2015

NSW Parliament: Committees - Inquiries receiving submissions
Inquiry into Procurement of government infrastructure projects, closes 12 February.

NSW: Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015and Mining and Petroleum Legislation Amendment (Land Access Arbitration) Act 2015
These are expected to come into effect on 1 March. Prosecution guidelines, enforceable undertakings guidelines, community consultation code and drilling guideline will also be released at this time.  More...

QLD: Draft guideline: master planning for priority ports
The Queensland Government is advancing master planning for priority ports - Gladstone, Abbot Point, Townsville and Hay Point/Mackay in accordance with the Sustainable Ports Development Act 2015 and consistent with the Reef 2050 Long-Term Sustainability Plan. The Draft guideline: master planning for priority ports is available for public comment until 14 March 2016.  More...

QLD QBCC: New adjudication qualification course starts April 2016
A three day course will be delivered by Contract Administration Group Pty Ltd.  More...

QLD: Have your say on the Security of Payment discussion paper
The Security of Payment discussion paper has now been released and is available for detailed feedback. This aims to improve security of payment for subcontractors in the building and construction industry. Submissions close on 31 March 2016.  More...

QBCC Disciplinary actions

Licensees suspended or cancelled - 14 January to 21 February 2016 (PDF).

Licensees excluded - 14 January to 21 February 2016 (PDF).  

Cases

J Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126
BUILDING AND CONSTRUCTION – adjudication determination – whether adjudicator committed jurisdictional error – whether amounts owing by a subcontractor under a construction contract can be setoff against a payment claim – whether contractual provisions imposing conditions on payment of a payment claim are void - Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8, 9, 10 and 34 EQUITY – fraud – setting aside adjudication determination obtained by fraud EVIDENCE – application of the principle in Jones v Dunkel PRACTICE AND PROCEDURE – whether party bound by way case conducted before an adjudicator.  More...

Legislation

Queensland

Subordinate Legislation as made
No 5 Queensland Building and Construction Commission and Other Legislation Amendment Regulation (No. 1) 2016 – Tabled 16 February 2016 – amends the Building Act 1975; Building and Construction Industry Payments Act 2004; Plumbing and Drainage Act 2002; Professional Engineers Act 2002; Queensland Building and Construction Commission Act 1991; State Penalties Enforcement Act 1999.

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

Tony Britt, Partner
T: +61 2 8083 0497
E: tony.britt@holdingredlich.com

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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