In the media

Changes to the National Construction Code could lead to more cost-effective and safer buildings
Building Ministers representing the Commonwealth, State and Territory Governments have signed off on a scheme to improve the National Construction Code.  The Code contains the technical building and plumbing standards for the design and construction of all buildings and plumbing systems in Australia (11 December 2013).  More...

Master Builders backs call for tougher industry watchdog
The Senate Education and Employment Committee’s Report on the Government’s draft legislation to re-establish the ABCC found that the Australian community has a direct interest in the rule of law being applied on building and construction sites (11 December 2013).  More...

Report: scope to fix regulatory framework for major projects
There is substantial scope to improve Australia's development assessment and approval regulatory framework for major projects, according to a report by the Productivity Commission. The Commission proposes limits on the use of 'stop-the-clock' provisions; separation of regulators from policy institutions; limits on merit review of non-Ministerial decisions; and better access for third parties to enforce conditions on approvals  (10 December 2013).  More...

NSW

North West Rail Link contract proposals revealed
The Minister for Transport has announced a major milestone has been reached on the $8.3 billion North West Rail Link with two proposals formally received for the contract to operate the new rail line. The two consortia, made up of almost 30 companies, are Northwest Rapid Transit; and TransForm (10 December 2013).  More...

Queensland

Games Village moves a step closer
The Newman Government has taken the next step towards delivery of the Commonwealth Games Village on the Gold Coast with the announcement of Grocon as the preferred developer (13 December 2013).  More...

Government to seek private sector infrastructure investment
The Newman Government announces it will investigate private sector infrastructure funding for state-owned electricity transmission and distribution businesses. The government will engage an investment bank to undertake a market sounding in relation to a hybrid security instrument called a non-share equity interest (NSEI) (12 December 2013).  More...

Abbot Point and Curtis Island projects approved
Environment Minister  has completed the approvals process for four Queensland projects under National Environmental Law. Approved are: the capital dredging program for the proposed Terminals 0, 2 and 3 at the Port of Abbot Point, the Adani T0 project at Abbot Point, the Arrow Liquefied Natural Gas Facility on Curtis Island, the Arrow Gas Transmission Pipeline to Curtis Island (10 December 2013).  More...

Victoria

Extension of tender granted to energy companies
The Victorian Coalition Government has extended the deadline on its mammoth $85 million tender to supply natural gas to country towns, following requests from energy companies keen to put forward sophisticated proposals (13 December 2013).  More...

Coalition Government to act on unlawful pickets and blockades
New move-on laws being brought into Parliament by the Victorian Coalition Government today will give Victoria Police the power to end unlawful union pickets and protester blockades that threaten to shut down businesses (12 December 2013).  More...

In practice and courts

Infrastructure Priority List December 2013:  Infrastructure Australia
The Infrastructure Priority List is developed to identify projects of national significance; ensure the nation's key infrastructure-related challenges are being addressed; inform governments of the highest priority projects; and prioritise access to the Infrastructure Tax Loss Incentive. The priority list will now be updated in March, July and December each year.  More...

National Construction Code 2014 information seminars - register now
The Australian Building Codes Board (ABCB) will be running information seminars about changes to the 2014 National Construction Code from February 2014.  More...

New Construction standards

AS 1657-2013
Fixed platforms, walkways, stairways and ladders - Design, construction and installation.  Click for product information (10 December 2013).  More...

VIC: WorkSafe Safety Soapbox
Since the last edition (November 19), there have been 65 incidents serious enough to be reported to WorkSafe Victoria from the construction, utility, quarrying and mining industries, including 19 lacerations, nine fractures and seven electric shocks.  The list can be downloaded from the Safety Soapbox for more information (December 2013).

Cases

Parkview Qld Pty Ltd v Commonwealth Bank of Australia [2013] NSWCA 422
EQUITY - trusts and trustees - where retention moneys under a building and construction contract were to be held on trust - where retention moneys not separately retained - whether financier is constructive trustee of retention moneys - whether financier is trustee de son tort - whether failure to set aside retention moneys meant that no relevant trust assets or equitable obligations existed

EQUITY - trust and trustees - maxims - equity regards as done that which ought be done

Building and Construction Industry Payment Act (Qld); Uniform Civil Procedure Rules 2005 (NSW). More...

Queensland Building Services Authority v GPH Projects Pty Ltd [2013] QCAT 610
Exceeding Annual Allowable Turnover – penalty- isolated breach – insight – proportionality

Queensland Building Services Authority v Alternate Dwellings Pty Ltd [2011] QCAT 460 Queensland Building Services Authority v Battaglia Pty Ltd [2012] QCAT 3 Queensland Building Services Authority v Bellero Constructions Pty Ltd [2004] QCCTB 60 Queensland Building Services Authority v Built Qld Pty Ltd [2005] QCCTB 152 Queensland Building Services Authority v C-View Windows Pty Ltd [2011] QCAT 211 Queensland Building Services Authority v Classic Brick & Block Pty Ltd [2011] QCAT 130 Queensland Building Services Authority v Coastal Interior Linings Pty Ltd [2010] QCAT 165 Queensland Building Services Authority v Fisher Builders Pty Ltd [2013] QCAT 431 Queensland Building Services Authority v Gartess Pty Ltd [2011] QCAT 42 Queensland Building Services Authority v Geocal Constructions Pty Ltd [2010] QCAT 460 Queensland Building Services Authority v Grasstree Landscaping Design Pty Ltd [2010] QCAT 89 Queensland Building Services Authority v James L. Williams Pty Ltd [2004] QCCTB 106 Queensland Building Services Authority v Janda Commercial Pty Ltd [2009] QCCTB 241 Queensland Building Services Authority v M & R Hudson Plumbing Pty Ltd [2010] QCAT 623 Queensland Building Services Authority v Mainbrace Constructions (NSW) Pty Ltd [2011] QCAT 93 Queensland Building Services Authority v McLucas Pty Ltd [2005] QCCTB 111 Queensland Building Services Authority v Mine-Con Plumbing Pty Ltd [2009] QCAT 32 Queensland Building Services Authority v Northstar Plumbing Pty Ltd [2009] QCAT 33 Queensland Building Services Authority v Peninsula Construction Group (Qld) Pty Ltd [2009] QCAT 26 Queensland Building Services Authority v Phoenix Constructions (Qld) Pty Ltd [2010] QCAT 542 Queensland Building Services Authority v Project Coordination (Australia) Pty Ltd [2004] QCCTB 61 Queensland Building Services Authority v Silverback Constructions Pty Ltd [2013] QCAT 222 Queensland Building Services Authority v Todd’s Plumbing Pty Ltd [2011] QCAT 622 Queensland Building Services Authority v Uniport Australia Pty Ltd [2009] QCAT 33.  More...

Hodges v Queensland Building Services Authority [2013] QCAT 576
GENERAL ADMINISTRATIVE REVIEW- QUEENSLAND BUILDING SERVICES AUTHORITY-STATUTORY INSURANCE SCHEME- where homeowners claim incomplete building work- where policy provides for claim under insurance scheme- where insured has properly terminated the contract- where inconsistency in contract about construction/completion period- whether homeowners validly terminated contract- whether builder validly terminated contract-whether extrinsic evidence relevant Amalgamated Television Services Pty Ltd v Television Corporation Limited (1969)123 CLR 648. Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451. Allen v Carbone (1975) 132 CLR 528. Gordon v MacGregor (1909) 8 CLR 316. Prenn v Simmonds [1971] 1 WLR 1381. James Miller & Partners Ltd v Whitworth Street Estates (Manchester) Limited [1970] AC 583 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Amann Aviation Pty Ltd v Commonwealth (1988) 100 ALR 267 Foran v Wight (1989) 168 CLR 385. Ogle v Comboyoro Investments Pty Ltd (1976) CLR 444 Sargent v ASL Developments Ltd (1974) 131 CLR 634 Chelbrooke Homes Pty Ltd v Russell [2011] QCAT 286.  More...

Contact details

Melbourne

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