In the media

National

Buildings Day: GBCA commits to net zero certification
The Green Building Council of Australia will introduce net zero certification for buildings from 2016, it has announced as part of the inaugural Buildings Day at COP 21 in Paris. The GBCA will push for increased minimum energy efficiency standards in the Building Code of Australia (04 December 2015).  More...

ACIF: Billions Wiped from Australia’s Construction Outlook
Almost $10 billion has been wiped off a key construction sector forecast over the next four years amid growing signs that the slowdown in engineering construction will be deeper than expected (01 December 2015).  More...

Strong pipeline of energy and resources investment
The release of the Resources and Energy Major Projects report by the Chief Economist of the Department of Industry, Innovation and Science highlights a strong pipeline of resources investment in Australia (01 December 2015).  More...

Construction company and director fined after crane collapses at Prestons school
Southern Cross Rigging & Constructions Pty Ltd and one of its project managers have been fined more than $55,000 following an incident where a crane rolled over during the construction of a hall at a Prestons Catholic school (30 November 2015).  More...

ACCC will not oppose Transurban consortium's proposed acquisition of Brisbane's AirportLink M7
The Australian Competition and Consumer Commission will not oppose the proposed acquisition of the AirportLink M7 in Brisbane by a consortium led by Transurban. Tollroad operators bilaterally agree on roaming fees to ensure the interoperability of motorists’ tags on all Australian tollroads (26 November 2015).  More...

Community invited to comment on New M5 EIS
The Australian and New South Wales governments today invited the community to comment on the Environmental Impact Statement (EIS) for the New M5, which will double capacity of the M5 East corridor (27 November 2015).  More...

Government accepts Harper Review recommendation on road pricing
In its response to the Harper Review, the Turnbull Government has announced that it will accelerate work with states and territories on heavy vehicle road reform and investigate the benefits, costs and potential next steps of options to introduce cost reflective road pricing for all vehicles (24 November 2015).  More...

Helping local councils put a dollar value on green infrastructure
Australia’s local councils will find it easier in the future to demonstrate the value of green infrastructure, such as pathways and rivers, with the development of the country’s first Economic Framework for Green Infrastructure (23 November 2015).  More...

Victoria

Supporting Jobs, Reducing Costs For Small Mining And Quarry Sites
The Andrews Labor Government is introducing a cash bond option to reduce costs for small-scale miners and quarry operators, strengthening the industry while supporting jobs and the environment. (02 December 2015).  More...

New Energy Technologies Discussion Paper
The Victorian Government released a discussion paper on boosting Victoria's new energy technology sector and creating new jobs as part of the $200 million Future Industries Fund. The Labor Government has identified new energy technologies as one of the six sectors primed for extraordinary growth (25 November 2015).  More...

Melbourne Metro Rail - Early Works EOI
The first package of works on the biggest public transport infrastructure project in Victoria's history - Melbourne Metro Rail - will go to the market tomorrow and begin in just over a year (24 November 2015).  More...

New South Wales

Residential construction high in NSW but non-residential slowing down
The September Quarter Australian Bureau of Statistics construction figures for NSW indicate residential construction is strong but non-residential construction is slowing down (26 November 2015).  More...

NSW achieves outstanding result in $10.258 billion TransGrid lease
The NSW Government has announced a successful lease of high-voltage electricity transmission asset TransGrid, unlocking billions of dollars for investment in new and productive infrastructure (25 November 2015).  More...

Queensland

$65,000 in fines for unlicensed building work
QBCC takes action when 17 unlicensed workers were discovered on a construction site at Brisbane’s Woody Point earlier this year (07 December 2015).  More...

Queensland economic boost from $2.6 billion bauxite investment
Premier Annastacia Palaszczuk has welcomed the announcement of a $2.6 billion development of one of the world’s largest bauxite deposits in Cape York (27 November 2015).  More...

Investment ‘hound’ seeks out mining funds
Queensland is to get its first Resources Investment Commissioner to match-make international investors and finance-hungry miners and explorers (25 November 2015).  More...

Practice and courts

Heavy Vehicle Safety and Productivity Programme Round Five opens for applications today
Applications open today for Round Five of the Heavy Vehicle Safety and Productivity Programme. Up to $107 million is available for projects including rest area upgrades, road enhancements, parking and decoupling bays. Applications close on 10 February 2016 (02 December 2015).  More...

Annual Ministerial Infrastructure Statement
The purpose of the statement is to ensure that the People's House is kept informed and the Government is held to account for progress on major infrastructure projects outlined here. (01 December 2015).  More...

Announcements, Draft Policies and Plans released 2015

NSW BPB: More qualifications recognised under Accreditation Scheme
The Building Professionals Board now recognises more qualifications as meeting accreditation requirements (04 December 2015).  More...

VBA: Security of Payment case study
A new case study is available to read on how the Security of Payment Act can assist in recovering outstanding construction contract payments (04 December 2015).  More...

QLD: raft wind farm state code and guideline
The Department has released its draft wind farm state code and planning guideline for a second round of public consultation. The consultation period closes on 11 December 2015.  Have your say by lodging your submission here or email your submission to windfarms@dilgp.qld.gov.a.

Cases

Saville v Hallmarc Construction Pty Ltd [2015] VSCA 318
ADMINISTRATIVE LAW – Judicial review – Adjudication determination under Building and Construction Industry Security of Payment Act 2002 – Reference date as a jurisdictional fact – Whether adjudication determination reviewable for jurisdictional error – Judicial review of matters not confined to straightforward calculation of time or where determination is arbitrary, capricious or otherwise irrational – Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190; (2010) 78 NSWLR 393 applied; Sugar Australia Pty Ltd v Southern Ocean Pty Ltd [2013] VSC 535 applied – Adjudicator fixed wrong reference date.  CONTRACT – Building contract – Adjudication determination under Building and Construction Industry Security of Payment Act 2002 – Scope of works under the contract – Pre-contractual negotiations – Source of the construction contract – Whether payment claim served out of time – Adjudication determination invalid.  PRACTICE AND PROCEDURE – Application to adduce further evidence – Evidence available and in applicant’s possession before trial – Unclear that adducing evidence would produce different result – Refaat v Barry [2015] VSCA 218; Clark v Stingel [2007] VSCA 292, considered.  More...

SSC Plenty Road v Construction Engineering (Aust) (No 2) [2015] VSC 680
ADMINISTRATIVE LAW – Certiorari granted – Part of determination of an adjudication under the Building and Construction Security of Payment Act 2002 (Vic) quashed – Whether invalid parts of determination should be remitted for redetermination – Whether remitted to same or different adjudicator – Considerations as to whether remittal should be to a different adjudicator.  BUILDING – Certiorari granted – Part of determination of an adjudication under the Building and Construction Security of Payment Act 2002 (Vic) quashed – Whether invalid parts of determination should be remitted for redetermination – Whether remitted to same or different adjudicator – Considerations as to whether remittal should be to a different adjudicator.  More...

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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