In the media

National

$15 billion drop in infrastructure forecast
A $15 billion drop in infrastructure is forecast for 2015, according to the latest Australian Infrastructure Metric. Sharp falls in transport, utility and mining infrastructure will see $15 billion evaporate from the national economy next year, according to the report by Infrastructure Partnerships Australia (IPA) and BIS Shrapnel (10 October 2014). More...

Regional Development Committees will help allocate one billion dollar spending on business and infrastructure
The first round of Stronger Regions funding is open to support investment in priority economic and infrastructure projects from freight and transport projects to convention centres and major multi-purpose sports and community facilities (10 October 2014).  More...

Master Builders Welcomes Extension of Trade Union Royal Commission
Master Builders Australia welcomes the Government’s granting of an extension to the Royal Commission into Trade union Governance and Corruption, Wilhelm Harnisch CEO of Master Builders Australia said (08 October 2014).  More...

Property Council highlights UK infrastructure wisdom
Australian infrastructure planners should look to UK ‘City Deals’ as a vehicle for lifting economic productivity, according to new research released today by the Property Council of Australia (08 October 2014).  More...

World’s Most Responsible Construction Companies Unveiled
The world’s most socially and environmentally responsible firms in the construction and building materials sector have been unveiled as part of a study of 45 of the world’s largest and most ethical companies (07 October 2014).  More...

A better Australia
The Australian Government has proposed the $5 billion Asset Recycling Initiative. Under this program, the government will provide incentive payments of 15 per cent of the sale price of privatised assets sold to state and territory governments, on the condition that the proceeds of such sales are reinvested in new productivity-enhancing infrastructure (07 October 2014).  More...

Building approvals rose in August
Approvals for the construction of new homes rose 3.0 per cent in August, official figures show. Local councils approved the construction of 16,810 new homes, including houses, townhouses and apartments in multi-unit buildings, in August (02 September 2014).  More...

All eyes on Newman government: inquiry
NSW Liberal Senator Bill Heffernan says the Senate inquiry approved this week to investigate the Queensland government and Premier Campbell Newman sets a dangerous precedent for good governance (03 October 2014).  More...

New South Wales

CSG risks can be managed: chief scientist
The report comes after the NSW government last week extended its freeze on new CSG exploration licences for another year. While Prof O'Kane's report acknowledged CSG mining posed risks to the environment, she said those risks could be "managed" by tighter regulation, closer monitoring of the industry and more training for CSG companies (01 September 2014).  More...

Queensland

Moves to curb lending could put Queensland building recovery at risk
Latest Queensland regional building approvals figures and housing finance figures released this week by the Australian Bureau of Statistics, have continued their positive trend upwards during August, but Master Builders warns that potential actions by financial regulators to curb lending could put this improvement in jeopardy (10 October 2014). More...

Asset leasing plan will reduce debt and create jobs
The Queensland Government’s $80 billion debt would be reduced and funds would be freed up for job creating infrastructure under the final Strong Choices plan to lease some government-owned assets (07 October 2014).  More...

PUBLIC WARNING - Daniel Richard Renger and Lexys Kitchens
The Queensland Building and Construction Commission (QBCC) is urging consumers, contractors and suppliers to be cautious in their dealings with Daniel Richard Renger trading as Lexys Kitchens, of Forest Lake. Mr Renger does not hold a QBCC licence (07 October 2014). More...

Constitutional challenge likely if Senate inquiry tries to compel Qld Premier
Over the next six months and in the lead up to the Queensland state election, Senators will examine the use of Commonwealth money, judicial appointments and mining and development decisions (01 October 2014). More...

Victoria

New code of practice for Victoria’s building and construction industry
A new Code of Practice for Victoria’s building and construction industry came into force last week, with all new tenders and expressions of interest to be accompanied by a declaration of compliance. From 8 October 2014, the new Victorian Code will apply to Victorian construction projects (08 October 2014).  More...

Coalition Government signs East West Link contract
Thousands of workers will soon be building Australia's largest infrastructure project, stage one of the East West Link, after the Victorian Coalition Government signed contracts with East West Connect to build this vital piece of transport infrastructure (30 September 2014).  More...

Published – articles, papers, reports

Introducing UK City Deals: A smart approach to supercharging economic growth and productivity
By the KPMG and the Property Council of Australia
The UK City Deal model is the British Government’s innovative strategy for building stronger urban and regional growth via smarter strategic planning, infrastructure investment and local governance, summarised here for the PCA and why it provides a model for Australia (released October 2014).  More...

Australian Infrastructure Metric June Quarter 2014
Infrastructure Partnerships Australia
Work won in the June quarter was an exceptionally weak finish to an otherwise strong 2013-14 financial year. However, the outlook for work done over the next 12 months is forecast to see a $15 billion drop in activity (02 October 2014).  More...

Building Approvals, Australia, Aug 2014
02 October 2014More...

Engineering Construction Activity, Australia, Jun 2014 (cat no. 8762.0)
01 September 2014. More...

Practice and courts

ACIF: Changes to National Construction Code
The General Manager of the Australian Building Codes Board gave the ACIF Board a detailed overview of the strategic changes being implemented by the Board from the beginning of 2015, at our September meeting. The changes include making the National Construction Code available free of charge. Governments will now fund the entire ABCB operation, and the ABCB will no longer need to produce and sell annual revisions to the NCC (10 October 2014).  More...

AS 2047-2014: Building Code of Australia
SAI Global has released a new edition of AS 2047-2014 Windows and external glazed doors in buildings. Designers must be aware that the current building regulations through the Building Code of Australia still references AS 2047-1999 as the applicable standard for design and compliance (October 2014).

NSW: Loose fill asbestos insulation Inquiry
This inquiry is a current Parliamentary inquiry conducted by the Asbestos Insulation Committee. The   inquiry was established on 18 September 2014, to report on loose fill asbestos insulation, also referred to as 'Mr Fluffy' insulation, in homes in New South Wales. The Inquiry into Loose fill asbestos insulation closes 31 October.  More...

QLD:  Approval of MacKay Airport Land Use Plan – August 2014
Approved pursuant to section 41(1) of the Airport Assets (Restructuring and Disposal) Act 2008 (s41(4), the Mackay Airport Land Use Plan – August 2014. The approval of the Mackay Airport Land Use Plan – August 2014 effective immediately on the day this notice is gazetted [10 October 2014]. Information regarding the Mackay Airport Land Use Plan – August 2014.  More...

VIC: Victorian Code of Practice for the Building and Construction Industry 2014
From 8 October 2014, the new Victorian Code will apply to Victorian construction projects previously covered by the Implementation Guidelines. Workplace conduct, agreements, arrangements, practices and procedures engaged in or entered into from 8 October 2014 must not be inconsistent with the objectives of the Victorian Code.  More...

Cases

Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36
Negligence – Duty of care – Pure economic loss – Strata-titled apartment complex constructed pursuant to contract between builder and developer – Apartments sold pursuant to standard form contract of sale – Contracts conferred rights to have defects remedied – Latent defects in common property – Owners corporation for strata scheme claimed damages from builder for pure economic loss – Whether builder owed owners corporation a duty of care – Relevance of inquiry into whether builder owed anterior duty of care to developer.  Words and phrases – "assumption of responsibility", "common property", "disconformity of obligations", "proximity", "pure economic loss", "reliance", "vulnerability".  More...

Zaghloul v Woodside Energy Ltd (No 5) [2014] FCA 1042
PRACTICE AND PROCEDURE – application by applicant seeking summary judgment - circumstances where there are disputed questions of fact – respondent’s intention to call witnesses to dispute allegations – applicant’s application dismissed – application by respondent seeking summary judgment and other relief – effect of ss 60(2) and 60(4) of the Bankruptcy Act 1966 (Cth) - whether or not claims made pursuant to s 52 of the Trade Practices Act 1974 (Cth) (TPA) maintainable – applicant’s claims for damages for personal injury under the TPA dismissed – respondent’s interlocutory application otherwise dismissed.  More...

Lend Lease Pty Ltd v Sugar Australia Pty Ltd [2014] VSC 476
CONSTRUCTION CONTRACT – Recourse to a security provision – Bank guarantees as security – Construction of clause – Whether a triable issue.  INJUNCTION- Interlocutory injunction application - Approach where proper construction of a contract is in issue - Triable issue – Balance of convenience - Inadequacy of damages – Injunction granted.
The Defendant (‘Sugar Australia’) as the Principal under a construction contract seeks immediate recourse to two bank guarantees provided by the Plaintiff (‘Lend Lease’), which was the Contractor, in the total sum of $4,190,000 (the ‘Bank Guarantees’). Lend Lease provided the Bank Guarantees as security for its performance of a contract (the ‘Construction Contract’), to upgrade a refined sugar station at Yarraville in Victoria (the ‘Project’). Lend Lease has since terminated the Construction Contract.  More...

Hallmarc Construction v Saville [2014] VSC 491
BUILDING CONTRACTS - Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudication determination – Whether payment claim invalid – Payment claim served out of time under the Act - Jurisdictional error found – Adjudication determination quashed.
ADMINISTRATIVE LAW – Judicial review - Decision of adjudicator appointed under the Building and Construction Industry Security of Payment Act 2002 (Vic) – Whether certiorari should be granted to quash the decision - Payment claim served out of time under the Act - Jurisdictional error found – Declarations as to invalidity made - Adjudication determination quashed.  More...

RE Scott Johnson; Ex Parte Decmil Australia Pty Ltd [2014] WASC 348
Administrative law - Prerogative writs - Whether adjudication under Construction Contracts Act 2004 (WA) involved jurisdictional error - Jurisdictional facts - Turns on own facts.
Building and construction - Security of payments legislation - Time at which payment dispute arose - Whether jurisdictional error by the adjudicator Construction Contracts Act 2004 (WA), s 26, s 31(2)(a).  More...

Legislation

Queensland

Bills Updated
Introduced on 7/08/2014 Stage reached: Report from Committee on 8/10/2014.  More...

Introduced on 21/05/2014  PASSED with amendment on 11/09/2014
Assent Date: 26/09/2014 Act No: 50 of 2014
Commences: by Proclamation.  More...

No 50 Building and Construction Industry Payments Amendment Act 2014  - 26 September 2014.

Subordinate legislation as made

No 233: Queensland Building and Construction Commission Amendment Regulation (No. 2) 2014  - 09 October 2014 - Queensland Building and Construction Commission Act 1991 - Replacement of sch 1A (Board’s policies approved under section 19 of the Act.

CONTACT

Melbourne

 

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

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

Brisbane

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

Stephen Burton, Partner
T: +61 7 3135 0604
E: stephen.burton@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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