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News

Key infrastructure projects at risk as funding dries up
The Gillard government's top infrastructure adviser, Sir Rod Eddington, has warned of economic and social fallout as funding dries up for important nation building projects. The Infrastructure Australia chairman said projects continued to be evaluated by the authority on a rigorous evidence-based process, but there was now little money available to fund them (23 March 2012) More...

ABCC legislation passed by Government
Under the legislation, the Australian Building and Construction Commission will be abolished. The ABCC will be replaced by a new body, the Office of the Fair Work Building Industry Inspectorate.  Penalties for breaches of industrial law will be brought into line with those in the Fair Work Act 2009. The powers will sunset after 3 years, but only after a comprehensive review (21 March 2012) More...

Government moves to reform contract law
The  federal government is planning to overhaul contract law, with the goal of eliminating inconsistencies and easing the legal burden on small business and individuals, with the Attorney-General Nicola Roxon launching  a discussion paper aimed at a review of contract law to make it simpler, cutting red tape and encouraging trade this week (22 March 2012) More...

Flood Insurance Contracts Bill passed
The Insurance Contracts Amendments 2012 (the Bill)has been passed  in the Senate. This Bill implements two key proposals from the Reforming Flood Insurance: Clearing the Waters discussion paper, including the final wording of the standard definition of 'flood' and the specific content of the Key Facts Sheet, will be made in regulations contained in the Insurance Contracts Regulations 1985 (21 March 2012) More...

The Minerals Resource Rent Tax (MRRT) - spreading the benefits of the mining boom
The Minerals Resource Rent Tax (MRRT) was passed by the Senate 0n 20 March 2012, and will help spread the benefits of the mining boom to all Australians and strengthen the whole economy, according to the Government. Only super-profitable mining companies will pay the MRRT and the proceeds will go to cutting taxes for all companies, to infrastructure, and increased superannuation (20 March 2012) More...

Federal environment approval for extension of Springvale Mine
The Government  has approved an extension at the existing Springvale Mine north of Lithgow in NSW under national environmental law, with more than 30 strict conditions to ensure protection of the environment and ongoing monitoring arrangements. The Springvale Mine has been operating since 1993, with longwall mining commencing in 1995 (14 March 2012) More...

Pacific Highway Duplication design and planning shortlisted
The Government has released today the shortlist of consortiums bidding for the contract to do the detailed planning and design work on the section between Woolgoolga to Glenugie. Funding is coming from both the Federal ($4.1 billion) and NSW ($1 billion) governments (March 2012)More...

Australian Infrastructure Fund sells Metro Transport stake
Australian Infrastructure Fund and its co-investors have disposed of their stake in Sydney light rail-owner Metro Transport Sydney, enabling NSW to buy it for $19.8 million. The NSW government is exploring extending the light-rail network through Sydney’s central business district to the University of Sydney and University of NSW (23 March 2012) More...

Damages to flow from Wivenhoe Dam breach
The Queensland government has been exposed to the threat of a billion-dollar compensation claim from flood victims and insurers after a royal commission-style probe found the Wivenhoe Dam was mismanaged and that a cover-up attempted to conceal the truth (17 March 2012) More...

Commission – new Riverwalk reconstruction must be overseen
The Flood Commission of Inquiry report has recommended. The design of Brisbane's new Riverwalk must be overseen by an independent expertAnd Colleges Crossing near Ipswich should be raised after a cost benefit analysis and the Moggill Ferry replaced (17 March 2012) More...

Victoria’s infrastructure delivery 'too slow, over budget'
The state's financial watchdog, the Auditor-General, has slammed the way infrastructure is delivered in Victoria, saying too many projects are put at risk by insufficient leadership, poor management and bad advice (18 March 2012) More...

Implementation Taskforce established
The  Premier Ted Baillieu has  announced a new taskforce of experienced executives from the public and private sectors will oversee a range of improvements to give Victorians better services. This will help to not only deliver better services, but to also invest in the infrastructure required to support Victoria's growth (16 March 2012)
Implementation Taskforce established

Articles

Development Assessment Report Card 2012
Author: MacroPlan Dimasi
Residential Development Council: March 2012
Efficient, fair and consistent planning and development assessment systems are essential to
delivering economic growth in our communities (March 2012) More...

Queensland Floods Commission of Inquiry: Final report
The final report of the Queensland Floods Commission of Inquiry provided to the Premier and Minister for Reconstruction, and publicly released, 16 March 2012.
Material the Commissioner relied on to make the findings and recommendations in the final report is available at:exhibits; witness statements; hearing transcripts; other material
Final report: Full Report (PDF, 12163.3 KB)

Cases

Aston Resources Limited, in the matter of Aston Resources Limited [2012] FCA 229
CORPORATIONS – scheme of arrangement – members scheme – collateral benefit – whether there is a separate class of shareholders More...

Danthanarayana v GR8 Constructions Pty Ltd (No 2) [2012] FCA 250
The application made by the applicants that the order for costs made by Foster J on 15 March 2012 in Danthanarayana v GR8 Constructions Pty Ltd [2012] FCA 231 be varied is refused. More...

Danthanarayana v GR8 Constructions Pty Ltd [2012] FCA 231
PRACTICE AND PROCEDURE – whether the registered proprietors of Torrens title land in the A.C.T. should be released from an interlocutory undertaking given to the Court not to sell, transfer, deal in or encumber that property pending the final determination of certain proceedings brought by those proprietors against the original builder who had been retained to construct a dwelling on the said land in order to enable those proprietors to obtain further funds to complete and to rectify building works on that land – relevant principles discussed
Land Titles Act 1925 (A.C.T.), Pt 10, Div 10.4, s 107(2)(a), s 107C More...

Power Infrastructure Pty Limited v Downer EDI Engineering Power Pty Limited (No. 5) [2012] FCA 233
PRACTICE AND PROCEDURE – discovery – confidential information – commercially sensitive documents – whether lawyers should be required to provide express undertakings before inspecting documents – whether implied undertaking of lawyers not to use documents for collateral or ulterior purposes sufficient. More...

Edelbrand Pty Ltd v H M Australia Holdings Pty Ltd [2012] NSWCA 31
CONTRACT - Building and Construction - Building and Construction Industry Security of Payment Act 1999 - adjudication determination - whether Act applied to contract - definition of "related goods and services"
STATUTORY INTERPRETATION - Words and Phrases - Building and Construction Industry Security of Payment Act 1999 - "related goods and services"
CONTRACT - Building and Construction - Building and Construction Industry Security of Payment Act 1999 - adjudication determination - application of s 7(2)(c) - whether calculation of consideration by reference to value of services provided.
CONTRACT - Building and Construction - Building and Construction Industry Security of Payment Act 1999 - whether adequate notification of adjudication application.
ONTRACT - Building and Construction - Building and Construction Industry Security of Payment Act 1999 - whether valid payment claim made - whether primary judge erred in exercise of discretion in refusing permission to raise issue – appeal allowed
Building and Construction Industry Security of Payment Act (NSW) 1999 ss 4, 6, 7, 9, 10, 13, 14, 17, 22, 31 and 32 More...

GMW Urban v Alexandria Landfill [2012] NSWSC 237
BUILDING AND CONSTRUCTION - interlocutory injunctive relief - legislative purpose of the Building and Construction Industry Security of Payment Act 1999 - whether plaintiff should be restrained from enforcing adjudication determination - whether defendant should be restrained from calling upon bank guarantees - whether summons claims declaratory relief which is capable of being regarded as final relief. More...

Grindley Constructions Pty Ltd v Painting Masters Pty Ltd [2012] NSWSC 234
PROCEDURE - interlocutory injunction - to prevent filing of adjudication certificate in court pursuant to s 25 of the Building and Construction Industry Security of Payment Act 1999 - whether arguable case and balance of convenience - where evidence of defendant having no assets. ADMINISTRATIVE LAW - whether adjudicator had jurisdiction under Act - where application made out of time - where claim already lodged for same reference dates and work - whether denial of natural justice. BUILDING AND CONSTRUCTION - security of payment legislation - whether more than one adjudication application can be made for same reference dates and work. More...

Orenshaw v Queensland Building Services Authority [2012] QCAT 079
Building dispute – where Authority issued scope of works – where home owner’s application to review filed outside 28 day period – application to extend time – whether Tribunal has jurisdiction to review decision More...

Endocoal Limited and EMIN Pastoral Company Pty Ltd, Eagle Field Pastoral Company Pty Ltd, Bilyana Pastoral Company Pty Ltd, Rhodes Creek Pastoral Company Pty Ltd, Edward Peter Mason, Mora Ellen Mason and Valda Ann Mason [2012] QLC 0011
Mining - Mineral Resources Act 1989 – entry of property for exploration purposes – compensation and conduct agreement – operating of schedule 1 – complex question
Mediation - Urgent referral of part heard application
Restraining Order - Explorer restrained from carrying out advanced activities until matter determined More...

Contact details

Melbourne

Chris Edquist, Partner
T: +61 (0)3 9321 9919
E: chris.edquist@holdingredlich.com.au

Brisbane

Troy Lewis, Partner
T: +61 (0)7 3135 0614
E: troy.lewis@holdingredlich.com.au

 

The material contained in this publication is no more than general comment. Readers should not act on the basis of the material without taking professional advice relating to their particular circumstances

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