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In the media

Infrastructure Finance and Funding Reform Report released
The Federal Minister for Infrastructure and Transport has released a report calling for broad reforms to build funding capacity for vital infrastructure. The experts argue that the private sector is a willing infrastructure partner but a lack of projects is impeding greater private sector involvement in infrastructure investment. The report points to the need for a sustained period of reform by all levels of government (13 June 2012) More... 

New reports provide valuable snapshot for booming gas industry
Four new reports providing a snapshot of gas reserves in eastern and south eastern Australia released today by the Australian Energy Market Operator (AEMO) with analysis provided by Core Energy Group  (04 June 2012) More...  

HIA: House building suffers under multi-speed economy
National Accounts figures released this week display a growing divide between the resource and non-resource sectors of the Australian economy, according to the Housing Industry Association (HIA) senior economist, Andrew Harvey (07 June 2012) More...  

Growth outcomes differ after new inner Sydney and Melbourne apartment construction
Analyst and economic forecaster, BIS Shrapnel, is forecasting that while vacancy rates for inner Sydney apartments will continue to remain tight, the inner Melbourne apartment market is now heading into oversupply (05 June 2012) More...

Builder receives 12 months good behaviour bond
A Hallidays Point builder found guilty of making and supplying copies of a fraudulent Home Warranty Insurance certificate has been ordered to perform a sentence of 150 hours of community service, pay costs of $2,148 and placed on a good behaviour bond for 12 months by the Wyong Local Court (14 June 2012) Builder receives 12 months good behaviour bond

$112 million for 2012-13 to progress key planning and infrastructure initiatives
The Department of Planning and Infrastructure will be given additional resources to fast-track the assessment of major projects. The 2012-13 Budget commits $13 million to accelerating the assessment of significant state developments, including the remaining development applications lodged under the now repealed Part 3A of the Environmental Planning and Assessment Act (12 June 2012) $112 million for 2012-13 to progress key planning and infrastructure initiatives

$469 million for NSW to deliver major rural water infrastructure projects
The Gillard Government announces support for new water infrastructure projects in New South Wales to improve the health of the Murray-Darling Basin system, with the approved $469 million in funding to support four major projects that will return an average of 80 billion litres of water to the system each year as part of the Basin-wide commitment to infrastructure projects (10 June 2012)
$469 million for NSW to deliver major rural water infrastructure projects

John Holland extends Sydney's light rail
Sydney’s Inner West Light Rail Extension will proceed with civil engineering contractor, John Holland working on the construction. Delivery of nine additional light rail stations, power and signaling systems and bridge works are included in the contract. (05 June 2012) More...

FWBC secures out-of-court enforceable undertaking
FWBC has reached an out-of-court resolution following an investigation into allegations of sham contracting by a Queensland joinery company. The directors of the business, signed an Enforceable Undertaking (see print friendly version) admitting to the contravention of s357 of the Fair Work Act 2009 (FW Act). (06 June 2012) More...

Queensland Mine knockback shows robust approval process
The Queensland Government has rejected an application for a mining lease on land in the Emerald district of Central Queensland.  The Minister for Natural Resources and Mines, said the Mining Registrar advised Bandanna Energy Ltd subsidiary, Springsure Creek Coal Pty Ltd, that its application did not comply with requirements specified in the State’s Mineral Resources Act 1989 (07 June 2012) More...

South East Queensland Design and Construct Code
Allconnex, Queensland Urban Utilities (QUU) and Unitywater have cooperatively developed the first consolidated set of technical standards for planning, design and connection to existing water supply and sewerage infrastructure across SEQ (07 June 2012) More...

Federal Govt joins Victoria in supporting regional infrastructure projects
The Deputy Premier and Minister for Regional and Rural Development has  welcomed the Commonwealth Government's support for a number of Victorian Coalition Government-funded infrastructure projects (13 June 2012) Federal Govt joins Victoria in supporting regional infrastructure projects

$50m federal cash gift for council projects
Climate Change Minister Greg Combet said the money for smart energy projects would be used to upgrade street lights, retrofit heating and air conditioning, upgrading pools and putting thermal efficiency in libraries (13 June 2012) More...

Latrobe regional airport project a downpayment on economic diversification
Regional Australia Minister Simon Crean said a $3 million grant from the $200 million second round of the Regional Development Australia Fund (RDAF) for the $6.2 million second stage of the Latrobe Regional Airport project was a downpayment on the economic diversification of the region (13 June 2012) More...   

RDAF leverages regional development boost for Victoria
Nine Victorian projects that deliver both economic and social dividends will share in a $38.8 million regional development boost through the $200 million second round of the Regional Development Australia Fund (RDAF). The nine Victorian projects announced share in $38.8 million of RDAF grants but also leverage other funding sources to build a strong investment partnership (13 June 2012) More...  

Regional Rail Link gets final contractor
Leighton-Downer Joint Venture has received the contract to complete the final work on the Victorian Regional Rail Link.  According to the Victorian Government, the $43 million contract will be to design and construct the West Werribee Junction work package (08 June 2012) More...

Victoria signs National Partnership Agreement to strengthen coal seam gas regulation
The Victorian Coalition Government announced a boost to the research and oversight of potential coal seam gas extraction with the signing of a  National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development with the Commonwealth Government and the establishment of a new Ministerial Advisory Council (05 June 2012) More...

In practice and courts

CTH: Green Star – Communities Rating System Released
The Green Building Council of Australia (GBCA) has released a national rating tool -  Green Star – Communities. Under the system, communities will be rated in each of the following categories: Liveability; Economic Prosperity; Environment; Design; Governance; and Innovation (14 June 2012) More...  

Cth: Public Comment - Draft National Building Energy Standard-Setting, Assessment and Rating Framework
The Draft Framework has been released by the Energy Efficiency Working Group (E2WG) of the Select Council on Climate Change (SCCC), representing all states and territories for public comment. Interested parties may make submissions on the Draft Framework paper by Friday 6 July 2012.
Draft National Building Energy Standard-Setting, Assessment and Rating Framework

Cth: Public Comment-  Updates to ventilation and air-conditioning codes
Standards Australia is inviting public comment on changes to existing and proposed new codes applying to ventilation and air-conditioning in buildings (AS 1668.2  and a proposed new Standard, AS 1668.4) For more information on the draft standards and forums visit www.standards.org.au (14 June 2012) More...  

Cth: Tax reporting changes for businesses in the building industry
From 1 July 2012, businesses in the building and construction industry need to report the total payments they make to each contractor for building and construction services each year. The ATO wants this in the form of a taxable payments annual report. For more information about taxable payments reporting (June 2012)
www.ato.gov.au/taxablepaymentsreporting

Cth: New Standards

AS 4254.1-2012
Ductwork for air-handling systems in buildings - Flexible duct More...

DR AS 4055 Wind loads for housing
Proposes site wind speed classifications for determining design wind speeds and wind loads for housing that is within specified geometric limits. Wind speeds are specified for the serviceability and ultimate strength/stability limit states. Where houses do not comply with the limitations of this Standard, AS/NZS 1170.2 should be used. Comment closes on 09 August 2012. More...

DR AS/NZS 1170.2 AMD 2
Amendment 2 to AS/NZS 1170.2:2011 - Structural design actions - Part 2: Wind actions. Coomet closes 06 August 2012 More...

QLD: Newsflash No 493 - Draft guidelines for inspection of class 2 to 9 buildings
This seeks comment on the draft guidelines for the inspection of class 2 to 9 buildings. Building Codes Queensland (BCQ) has developed a draft Guidelines for the inspection of class 2 to 9 buildings and welcomes questions and feedback. Comments on the draft guidelines may be submitted until 5pm, Friday 22 June 2012 (04 June 2012) More...  Draft guidelines for inspection of class 2 to 9 buildings

Cases

Director of the Fair Work Building Industry Inspectorate v Mates [2012] FMCA 475
INDUSTRIAL LAW – Penalty hearing – adverse action against employees of subcontractor because they were not members of union – admitted contraventions – considerations on penalty – agreed penalty. More...  

Construction, Forestry, Mining & Energy Union v Wagstaff Piling Pty Ltd [2012] FCAFC 87
INDUSTRIAL LAW – construction of a union collective agreement – whether employer was entitled to require its employees to submit to mandatory drug and alcohol testing – agreement did not expressly prohibit nor provide for mandatory drug and alcohol testing – agreement should not be construed as dealing comprehensively with all matters relating to the employment relationship

ADMINISTRATIVE LAW – jurisdictional error – an industrial tribunal cannot exercise judicial power – an industrial tribunal may form and act upon opinions about legal rights as a step in the exercise of its own powers – the participation of an industrial tribunal in a dispute settling procedure cannot be conditioned on it reaching a legally correct opinion More...

Turnbull v Director-General of the Department of Premier and Cabinet [2012] NSWLEC 121
PROCEDURE - stop work order issued under the Native Vegetation Act 2003 - whether two stop work orders served - appeal commenced against later served stop work order - whether time to appeal against stop work order has expired-  Building and Construction Industry Security of Payment Act 1999 s 17(3)(c); Corporations Law (Cth) (repealed); Native Vegetation Act 2003 s 37, s 39, s 49 More...

John Frederick Hillam v Ivan Peter Lewis [2012] NSWSC 640
Contract, negotiations, oral contract, alleged declaration of trust, contract construction, commercial context, purpose and object of the transaction, lack of contemporaneous evidence, credibility of witness, alleged admission – geologicial consulting business More...

The Owners Corporation Strata Plan 70579 v Midwest Constructions Pty Ltd & Ors [2012] NSWSC 644
Offer of compromise, unreasonableness, multiple tortfeasors, settlement of one tortfeasor, indemnity costs, costs, pre-judgment interest, calderbank offer Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW); Civil Liability Act 2002 (NSW); Law Reform (Miscellaneous Provisions) Act 1946 (NSW) More...

John Holland Pty Ltd v Coastal Dredging & Construction Pty Limited & Ors [2012] QCA 150
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where appellant subcontracted work to first respondent – where first respondent served payment claim under s 17(1) of the Building and Construction Industry Payments Act 2004 on appellant and appellant served payment schedule in reply to payment claim under s 18(1) of the Act – where first respondent served adjudication application under s 21 of the Act and appellant served adjudication response under s 24 of the Act – where third respondent delivered adjudication decision – where appellant applied in Trial Division for declaration that adjudication void and should be set aside – where appellant argued adjudication decision void because first respondent’s payment claim not made from a valid “reference date” as required by s 12 of the Act – where the appellant argued adjudication decision should be declared void because adjudicator found contractual bar of subcontract inapplicable on a basis which neither party contended – whether the adjudication decision was void and should be set aside More...

Sims v Queensland Building Services Authority [2012] QCAT 210
Becoming a “permitted individual” after a relevant company event – Requirement for satisfaction that the applicant took all reasonable steps to avoid the coming into existence of the circumstances that resulted in the happening of the relevant event More...

Cameron v Queensland Building Services Authority [2012] QCAT 209
Becoming a “permitted individual” after a relevant company event – Requirement for satisfaction that the applicant took all reasonable steps to avoid the coming into existence of the circumstances that resulted in the happening of the relevant event More...

Ericson v Queensland Building Services Authority [2012] QCAT 206
Building licence – review of cancellation – non-compliance with Financial Requirements for Licensing More...

470 St Kilda Road Pty Ltd v Reed Constructions Australia Pty Ltd & Anor [2012] VSC 235
BUILDING CONTRACTS - Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudication conducted under Part 3 Division 2 of the Act – Whether ‘good faith’ a pre-condition to a valid payment claim – Whether ‘good faith’ implied into the statutory scheme for a payment claim - Whether compliance with the adjudication application time limits provided in s 18(3) of the Act a basic and essential condition of validity - Whether Adjudicator’s determination on compliance with the adjudication time limit reviewable – Allegedly false statutory declaration accompanying payment claim – Whether finding by adjudicator that payment claim valid reviewable – Whether reasons provided by adjudicator sufficient to comply with s 23 of the Act.

STATUTORY INTERPRETATION – Implying words into the text of legislation – Implying “good faith” into statutory text. More...  

Delic & Ors v Yahome Pty Ltd (Domestic Building) [2012] VCAT 752
Defects – whether settlement agreement between original owner and builder deprives a subsequent owner from taking proceedings for breach of a warranty under section 8 of the Domestic Building Contracts Act 1995.
Evidence – whether sufficient to raise settlement agreement without particulars as defence to claim; burden of proof, sufficiency of evidence. More...

Matic Plastering Pty Ltd v Milojevic [2012] VCC 556
Building and construction industry - security of payment – summary judgement – whether construction contract Building and Construction Industry Security of Payment Act 2002 More...

Jones v Walker and CTR Pacific Pty Limited and Construction Control ACT Pty Limited and Tereel Pty Limited t/as Celtic Plastering Company [2012] ACTSC 93
NEGLIGENCE – personal injury – building site – sand delivery truck coming into contact with scaffolding during unloading – driver directed into position by labourer employed by bricklaying subcontractor – damage to scaffolding causing dislodgment of plank on walkway – plaintiff injured falling through walkway – truck driver and bricklayers’ labourer both negligent and equally to blame – company in control of building site not negligent – company employing and controlled by plaintiff not negligent. More...

Contact details

Melbourne

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

Sydney

Anne Davis, Partner
T: +61 (0)2 8083 0436
E: anne.davis@holdingredlich.com

Brisbane

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