In the media

National

Bold Steps in Infrastructure can Help Prevent Future Problems
We are currently living in a very exciting time for infrastructure, as it provides the connectivity between our cities and the developing urban landscape. The RICS Futures report outlines that there will be 41 mega-cities (10+ million people) and infrastructure spending of US $57tn required by 2030 (14 August 2015).  More...

Faulty Construction Products Make Fire Fighting Difficult: MFP
Faulty products in high-rise buildings are making firefighting planning and efforts difficult and may cause the fire brigade to become ‘less aggressive’ when attacking fires on high-rise buildings, firefighters say (13 August 2015).  More...

Asian Infrastructure Investment Bank Bill 2015
Asia faces a major infrastructure financing gap, which is estimated at US$8 trillion over the current decade. Australia is moving towards becoming a founding member of the Asian Infrastructure Investment Bank, which will help fund major infrastructure projects throughout Asia (13 August 2015).  More...

Non-Residential Construction Back In Negative Territory
Conditions in the commercial construction sector have fallen back into negative territory according to the latest Master Builders National Survey of Building and Construction (13 August 2015).  More...

Submission to Nuclear Fuel Cycle Royal Commission
The Australian Government has made a submission supporting the Royal Commission’s investigation into South Australia’s further participation in the nuclear fuel cycle. The Minister for Industry and Science said the submission highlighted Australia’s vast uranium resources and the benefits of Australia’s current nuclear activities (13 August 2015).  More...

Mining Declines but Still Dominates
Latest ACIF forecasts shows that while a decline in mining construction activity dominates headlines, it is clear that many large mining and resource development construction projects dominate the list (12 August 2015).  More...

Residential Building Spending Increased
The latest ACIF forecasts show residential building spending increased in 2013-14 to $75 billion (12 August 2015).  More...

Australian-backed Carbon Strengthened Concrete Laid on United States Highway
The Georgia Department of Transport (GDOT) has launched the first field trial of Eden Energy’s EdenCrete concrete admixture. One of the primary target markets of the carbon-strengthened concrete additive is improving the performance of concrete used in the construction and maintenance of concrete roads, bridges and other infrastructure (12 August 2015).  More...

Prime Minister Releases 2030 Emissions Reduction Target
The Prime Minister Tony Abbott announces that by 2020, we will have cut greenhouse gas emissions by five per cent on 2000 levels, equivalent to a reduction of 13 per cent on 2005 levels through the Government's Direct Action policy (11 August 2015).  More...

Productivity Commission Plan to Improve Resource Project Negotiations
The Productivity Commission has laid the blueprint for getting new major resource sector projects approved in Australia faster and more competitively, by proposing a more efficient and modernised system for new project industrial negotiations in its draft workplace relations report (10 August 2015).  More...

Victoria

Ballarat Resources Company Innovates to a $70m Global Contract
The Andrews Labor Government has commended Ballarat-based Gekko Systems for securing a $70 million contract to build a mineral processing plant for TMAC Resources’ Hope Bay project in Canada (10 August 2015).  More...

Melbourne Metro Rail Tunnels under the Yarra
The Melbourne Metro Rail Project is taking shape, with the Andrews Labor Government choosing tunnelling as the preferred method for the crossing underneath the Yarra River (05 August 2015).  More...

$200M Fund to Support Farmers from Paddock to Port
The Andrews Labor Government will establish a new $200 million Agriculture Infrastructure and Jobs Fund to drive economic growth, create jobs, boost exports and support Victorian farmers from paddock to port (02 August 2015).  More...

New South Wales

New South Wales Planning Penalties Increase Five-fold
Builders in New South Wales who breach planning rules will now be subject to fines of up to $5,000 as the government moves to beef up deterrents in order to enforce compliance with planning rules (13 August 2015).  More...

City of Sydney Passes Major Sustainability Plans
The City of Sydney has passed three major plans to tackle energy efficiency, residential building sustainability and climate change adaptation. The Energy Efficiency Master Plan, Residential Apartments Sustainability Plan and Climate Change Adaptation Strategy were passed by Sydney City councillors on Monday night (13 August 2015).  More...

Infrastructure bonanza for Blacktown
Planning Minister Rob Stokes today announced $19.8 million would be provided to build new parks and roads for new homes in Blacktown. Mr Stokes said the Local Infrastructure Growth Scheme funding is vital to provide the infrastructure people need in new Sydney communities (12 August 2015).  More...

Queensland

Regional and Rural Queensland, Infrastructure and the Queensland Budget
Regional and rural Queensland will benefit from the Labor government’s first Budget with additional funding and new programs, including bringing forward the Building our Regions Regional Infrastructure Fund to this financial year, a move supported by the Queensland Resource Council (14 August 2015).  More...

Queensland Government to Review Electrical Safety Tragic Death
An inquest into the electrocution of a young man at a Queensland construction site underlines the need for better electrical safety, the state government says (13 August 2015).  More...

Australian Court overturns Adani Coal Mega Mine Approval
Australia’s Federal Court revoked the approval of a AU$16 billion (US$12 bn) coal mining and railway project on Wednesday. The environment department has to reconsider Indian conglomerate Adani’s case for the controversial Carmichael project (07 August 2015).  More...

Queensland Building Approvals up 17 per cent for the Financial Year
Queensland's building industry is powering ahead, with residential building approvals up almost 17 per cent across the state in 2014/15 (06 August 2015).  More...

Published – articles, papers, reports

Opinion: Innovation and Reaction: What would a Minister for Cities be good for?
James Lesh, University of Melbourne; 12 August 2015. Groups such as the Australian Sustainable Built Environment Council, the Australian Institute of Architects, Planning Institute of Australia, Property Council, Engineers Australia, Green Building Council of Australia, Council of Capital City Lord Mayors and a cross-party parliamentary friendship group for better cities have endorsed the proposal.  More...

Practice and courts

Australia’s 2030 Emission Reduction Target
Australia’s 2030 emissions reduction target has been announced, in preparation for the United Nations Framework Convention on Climate Change’s (UNFCCC) next meeting in Paris, and part of the Government’s plan to combat climate change. Australia will commit to a 26-28 per cent reduction in greenhouse gas emissions below 2005 levels by 2030.  More...  More...

HIA Summit - Taxing the Australian Dream: Can We Get The Tax Off Housing?
HIA is convening its sixth Building Better Cities Summit in Sydney on Tuesday 18 August 2015, HIA Summit - Taxing the Australian Dream: Can We Get The Tax Off Housing?  More...

Cases

ShoreForm (Qld) Pty Ltd v Millennium Coal Pty Ltd (No 5) [2015] FCA 805
COSTS – whether costs should be awarded to successful respondents – whether successful respondents should be awarded only part of their costs – whether applicant should be ordered to pay successful respondents’ costs on an indemnity basis in light of an offer of compromise by the respondents – whether costs should be awarded in a lump sum. Federal Court Rules 2011 (Cth) rr 1.35, 25.14, 40.02.  More...

Rayhill v W O’Connor Removals Pty Ltd [2015] NSWSC 1113
PROPERTY – bankruptcy – competing claims of ownership – whether property vested in trustee – possession – inference of ownership EVIDENCE – failure to call witness – whether Jones v Dunkel inference applicable EVIDENCE – witness – cross examination – rule in Browne v Dunn – whether failure to challenge evidence in cross-examination precluded reliance on contradictory claim – fairness – notice of alternative claim provided EVIDENCE – error of law – whether Magistrate relied on irrelevant material – dismissed.  More...

JAG Projects Qld Pty Ltd v Total Cool Pty Ltd & Anor [2015] QSC 229
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where an adjudicator’s decision was made in favour of the first respondent – where the applicant seeks to challenge the adjudicator’s decision.  More...

Coles v Dormer & Ors [2015] QSC 224
INTELLECTUAL PROPERTY – COPYRIGHT – INFRINGEMENT – ARTISTIC WORKS – whether the plans for the plaintiff’s house had been converted by the first and second defendants to plans for the third defendants’ house – whether the third defendants’ house plans were a reproduction or substantial reproduction of the plaintiff’s house plans – whether the construction of the third defendants’ house was a reproduction or substantial reproduction of the plaintiff’s house – whether the house plans and/or construction of the third defendants’ house are an infringement of copyright.  More...

BRB Modular Pty Ltd v AWX Constructions Pty Ltd & Ors [2015] QSC 222
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – RELEVANT CONSIDERATIONS – BALANCE OF CONVENIENCE GENERALLY – where the applicant is seeking an interlocutory injunction to restrain the first respondent from enforcing an adjudication determination pending the final hearing – where the first defendant concedes that a “prima facie” case had been shown by the applicant – where the main issue turns on the balance of convenience – relevance to such applications of the policy considerations underlying the Building and Construction Industry Payments Act 2004 (Qld). CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where an adjudicator’s decision was made in favour of the first respondent – where the applicant seeks to challenge the decision on the basis of jurisdictional error – whether the applicant should bear the risk that monies paid under an adjudicator’s decision may not be refunded in the event the adjudicator’s decision is void for jurisdictional error. More...

BRB Modular Pty Ltd v AWX Constructions Pty Ltd & Ors [2015] QSC 218
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT AND RECOVERY OF PROGRESS PAYMENTS – where the applicant seeks a declaration that an adjudication decision is void by reason of jurisdictional error and an injunction restraining a sub-contractor from giving effect to it – where applicant submits that no reference date accrued pursuant to Building and Construction Industry Payments Act 2004 (Qld) – where contract required submission of a statutory declaration before a payment claim could be made – where contract required the sub-contractor to depose that, to the best of its knowledge, all sub-contractors had been paid – where sub-contractor delivered a payment claim together with a statutory declaration in the prescribed form with the addition “other than those owed variations, payable by the head contractor” – where applicant submits that no reference date for the making of a payment claim arose as the declaration was not in the required form – whether the contractual condition is effective to exclude the sub-contractor’s statutory entitlement to make a progress claim under the Act.  More...

Mackay Labour Hire Pty Ltd v J M Kelly (Project Builders) Pty Ltd [2015] QDC 196
PRACTICE AND PROCEDURE – striking out part of statement of claim – whether reasonable cause of action disclosed – whether issue estoppel prevented the plaintiff from alleging a contract with the defendant- whether admissions should be permitted to be withdrawn- whether leave should be given to permit the defendant to bring a counter claim. BUILDING CONRACTS – whether section 42 of the Queensland Building Services Authority Act 1991 (Qld) governs a claim under the Building and Construction Industry Payments Act 2004 (Qld). Uniform Civil Procedure Rules considered.  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

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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