In the media – National

Environment Minister raises concerns over US funding for ‘green lawfare’ on Australian mining projects
Environment Minister Josh Frydenberg has bailed up his US counterpart over significant funding coming in from America to support “green lawfare” holding up major projects in Australia, like the Adani mine (19 November 2016).  More...

CFMEU defends 5pc per annum pay rise for construction workers
The construction union says a new 5 per cent per annum pay increase deal with Lendlease is warranted by the booming east coast housing construction sector (15 November 2016).  More...

Construction boom coming to an end, October data shows
Australia's multi-year construction boom engineered by the Reserve Bank to stimulate the property market is coming to an end, private sector data shows (07 November 2016).  More...

In the media – Victoria

Building infrastructure to keep Victoria moving with $3 billion injection
The Australian and Victorian Governments today struck agreement on a $3 billion Victorian Infrastructure Package that will unlock critical funding for more than 40 key road and rail projects across the state (15 November 2016).  More...

Major Works set to transform Outer-Western Roads
The Andrews Labor Government has called for Expressions of Interest for the western package of the Outer Suburban Arterial Roads (OSARs) Program – an Australian first, $1.8 billion investment. The community can provide their feedback and help shape upgrade designs, with VicRoads also set to engage local councils, planning authorities, freight operators, and bus companies for local input (08 November 2016).  More...

In the media – New South Wales

Resources Regulator announces appeal against costs judgment in Silver City Drilling work health and safety case
The NSW Department of Industry’s Resources Regulator has announced commencement of an appeal in the Court of Criminal Appeal (14 November 2016).  More...

Sydney Metro West: A new railway, more trains for Western Sydney
A new underground metro railway for Western Sydney will be the State’s next major public transport project – securing the long-term future of the region and of Australia’s global city (14 November 2016).  More...

New M4-M5 Link design features released
Twin tunnels from Haberfield to St Peters could be built as a standalone project by 2022, and initially operate independently from the Rozelle Interchange and Iron Cove Link (10 November 2016).  More...

Wilpinjong coal mine conditions considered community feedback
The Department of Planning and Environment has referred its preliminary assessment report for an application to extend mining operations at the Wilpinjong Coal Mine to the independent Planning Assessment Commission for review (07 November 2016).  More...

New Sydney Fish Market to be developed
The world's best design and engineering experts are invited to register their interest in designing a new Sydney Fish Market (07 November 2016).  More...

In the media – Queensland

Expressions of interest called for Mackay Ring Road – Stage 1 project
Expressions of interest called for construction of the Mackay Ring Road in central Queensland Bypass will skip 10 sets of traffic lights on the Bruce Highway, improving travel times between Brisbane and Cairns (18 November 2016).  More...

Queensland Resources Council boss criticises state government funding of EDOs
The Queensland government has been criticised for funding the Environmental Defenders Office, which helps people fight big miners and developers (16 November 2016).  More...

Fears taxpayers may foot clean-up bill at Linc Energy's failed UCG site at Chinchilla
The Queensland Government warns taxpayers could be left with the clean-up bill at a failed UCG site on the Western Downs if liquidators are successful in a court challenge (15 November 2016).  More...

Works forging ahead on new Boundary Road interchange
New Boundary Road interchange progressing well with major bridge works. An average of 100 jobs supported during construction phase $100.4 million project (15 November 2016).  More...

Parliament passes new laws fulfilling Palaszczuk Government commitment to protect groundwater
All mines currently under development in Queensland that will have an impact on groundwater will be required to obtain an “associated water licence” under laws passed in Parliament early Thursday (10 November 2016).  More...

Practice and courts

QLD: Have your say on the chain of responsibility guideline
The Department of Environment and Heritage Protection has released a draft statutory guideline to complement the Environmental Protection (Chain of Responsibility) Amendment Act 2016 and is seeking your submissions. Consultation closes on 25 November 2016.  More...

VIC: VBA Annual Report
VBA Annual Report is now available online (07 November 2016).  More...


Deloitte Services Pty Ltd v HBO EMTB Interiors (NSW) Pty Ltd (In Liquidation) [2016] NSWSC 1597
TRADE PRACTICES – misleading or deceptive conduct – whether first and second defendants engaged in misleading or deceptive conduct by over-invoicing for amounts owed – where representations as to payment practice were made by the first and second defendants – whether the representations were relied upon by the plaintiff – whether the third defendant was involved in the contravention – Australian Consumer Law, ss.2, 18.
CONTRACT – building and construction – whether there was an established payment practice which applied to all project management contracts – where payment practice differed from process of certification and payment different from written contracts entered into – whether contract or arrangement in place that permitted defendants to over-invoice – whether first and second defendants under-paid contracts for work completed.
EQUITY – trusts – whether second defendant was a trustee of the monies paid by the plaintiff into a trust account – whether the particular account is a trust account – whether second defendant breached its obligations as trustee – whether third defendant procured any breaches.
CORPORATIONS – insolvent trading – whether first and second defendant was insolvent during the relevant period – whether first and second defendants incurred a debt during the relevant time period.

Colton Coal Pty Ltd v Aldershot and District Against Mining Inc. & Ors [2016] QLC 73
Hearing of application for grant of mining leases under s.268 of the Mineral Resources Act 1989 and objections decision hearing under s.220 of the Environmental Protection Act 1994.

McClymont v Solar Silicon Resources Group Pte Ltd [2016] QLC 67
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – TITLES – RIGHTS, PERMITS, LICENCES AND LEASES ETC. – EXTRACTION TITLES – OTHER MATTERS – where the applicant seeks a review of compensation payable to him under a mining lease – where the applicant also seeks relief for alleged trespass or nuisance by the respondent – where the respondent seeks orders striking out the claims for trespass or nuisance – where the respondent seeks summary judgment dismissing the applicant’s claims for trespass or nuisance – where the respondent seeks summary judgment dismissing the applicant’s claim for a review of compensation.

Legislation - Commonwealth

Carbon Credits (Carbon Farming Initiative—Coal Mine Waste Gas) Methodology Determination Variation 2016
14/11/2016 - This determination amends the Carbon Credits (Carbon Farming Initiative—Coal Mine Waste Gas) Methodology Determination 2015 to implement a number of changes designed to expand the coverage of methane conversion processes.

Bills Updated

Environmental Protection (Underground Water Management) and Other Legislation Amendment Bill 2016
Introduced on 13/09/2016, Stage reached: Passed with amendment on 9/11/2016.
Resource projects will now have their potential groundwater impacts assessed upfront and landholders will be fairly compensated for impacts on their infrastructure and on the water resources they rely on. This will be achieved by improving the existing ‘make good’ obligations under the underground water management framework in the Water Act 2000.

Strong and Sustainable Resource Communities Bill 2016
Introduced on 8/11/2016, Stage reached: Referred to Committee on 8/11/2016
The objective of the Bill is to ensure that regional communities in Queensland, which are in the vicinity of large resource projects, benefit from the operation of those projects. The Bill will limit the use of fly-in, fly-out (FIFO) workforces and ensure that local workers from nearby regional communities are employed in the operation of large resource projects.




Troy Lewis, Partner & National Head of Construction and Infrastructure
T: +61 7 3135 0614

Stephen Burton, Partner
T: +61 7 3135 0604

Suzy Cairney, Partner
T: T: +61 7 3135 0684


Stephen Natoli, Partner
T: +61 3 9321 9796

Kyle Siebel, Partner
T: +61 3 9321 9877


Christine Jones, Partner
T: +61 2 8083 0477

Scott Alden, Partner
T: +61 2 8083 0419


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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