In the media

National

World leaders put global infrastructure hub on the menu
It was formally announced in the G20 leaders' communique with eight countries, including Australia, committed to support the $US15 million-a-year infrastructure hub. It was agreed the hub would be given an initial mandate of four years, with Sydney chosen over the other Australian capitals because it is well known as a financial centre (22 November 2014).  More...  More...

Most Aussies aware of asbestos hazards but cannot identify or manage risks
A new research on asbestos awareness reveals that most Australians understand the dangers of asbestos exposure but do not have the ability to identify asbestos products or manage risks. 36 per cent of DIY renovators reported undertaking the removal of asbestos themselves, rather than using a professional (21 November 2014).  More...

Wall collapse: Grocon subsidiary Grocon Victoria Street Pty Ltd admits it failed to ensure a safe workplace
The company pleaded guilty to one charge under the Occupational Health and Safety Act and now faces a maximum penalty of $305,000. Melbourne Magistrates Court  heard that the freestanding wall was built under a 1971 building permit and did not need to be re-certified when the company bought the former Carlton Brewery site from RMIT in 2008 (20 November 2014).  More...

ACCC launches court action against CFMEU for Boral secondary boycott
The competition watchdog has launched court action against the construction union for allegedly organising boycotts of Boral products. The ACCC considers unions have an important role in protecting the rights of workers and ensuring safe and productive work places (20 November 2014).  More...

Rising house prices good for economy: RBA
Investors are dominating the housing market, but at least rising house prices are encouraging people to spend more money, the Reserve Bank says.  The central bank appears less concerned than it has been in recent months about the growth in dwelling investment, when it flagged regulations to curb investor activity in the housing market (18 November 2014).  More...

G20 to focus on clean coal technology
Group of 20 leaders have asked Japan to fast-track the development of clean coal technology that could be used by developing countries to burn Australian coal more efficiently. While the G20 communique made a reference to climate change but no binding commitment to a new global fund, it acknowledged the ongoing role of fossil fuels in meeting international energy demand (18 November 2014).  More...

Victoria

Private bushfire shelters require building permits
VBA The Victorian Building Authority (VBA) is reminding Victorians considering building a private bushfire shelter for their home that they must obtain a building permit prior to installation. The VBA’s Director of Technical and Regulation, Jarrod Edwards, said that in some instances, councils may also require a planning permit (21 November 2014).  More...

'Victoria, NSW losing and SA winning on renewables'
A new report released by the Climate Council today shows Victoria and NSW have gone from leaders to a laggards when it comes to renewable energy, saying state governments have an important role to play in promoting renewables development (18 November 2014).  More...

Napthine pledges $100m infrastructure fund for regional cities
The Victorian Government is promising a $100 million infrastructure fund for 10 regional cities if it wins this month's state election (10 November 2014).  More...

New South Wales

Construction industry urged to take extreme care
WorkCover NSW has issued a warning to workers and businesses to take extreme care with many incidents involving  workers falling from heights or being struck by falling objects or moving plant – some of the most common forms of injury in the high-risk construction industry (21 November 2014).  More...

Former NSW govt minister being prosecuted over Doyles Creek mining exploration licence
Former NSW minister for mineral resources Ian Macdonald is being prosecuted for two offences of misconduct in public office, following the NSW ICAC’s public inquiry into the circumstances surrounding his decision to invite Doyles Creek Mining Pty Ltd to apply for a mining exploration licence and his decision to grant the exploration licence to that company (20 November 2014).  More...

Asbestos danger ‘grossly mismanaged’ in NSW: local council peak body
Loose-fill asbestos has been ‘grossly mismanaged’ by successive NSW governments, says the Local Government NSW (LGNSW) in its submission to the Joint Select Committee inquiry in Loose-Fill Asbestos, which is due to report in February next year (11 November 2014). More...

Canberra construction firm to fight work safety charge in Supreme Court
A Canberra construction firm will be the first to contest a work safety charge in the ACT Supreme Court, over the death of a man at a Macgregor worksite in 2011. Canberra Contractors has pleaded not guilty to allegations it was negligent because it failed to provide adequate safety training and supervision under the 2008 Work Safety Act (10 November 2014).  More...

Queensland

Queensland improves mine safety overall in FY14
Despite an horrific year for industry fatalities, a new report from Queensland showed a decrease in Lost Time Injuries (LTIs).The Queensland Mines and Quarries Safety Performance and Health report 2013-2014 marked a decrease from 1026 LTIs in 2012-13 to 831 in 2013-14, a reduction of 195 injuries (19 per cent) (21 November 2014).  More...

New, free review system for building disputes
A free, internal review service is now available to anyone dissatisfied with certain decisions made by the Queensland Building and Construction Commission (QBCC). Reviewable decisions apply to licensing, rectification orders, compliance issues, certification investigations or insurance claims made by the QBCC (21 November 2014).  More...

Newman to back Galilee projects with infrastructure spending
Premier Campbell Newman says Queensland is prepared to facilitate major projects in the Galilee Basin and make sure the Galilee Basin is "open for business", but the Director of Energy Resource Studies Australasia at the Institute for Energy Economics and Financial IEEFA, Tim Buckley, said it was a financially irresponsible decision, and labelled the Galilee Basin projects "unviable" (17 November 2014). More...

Brisbane, Gold Coast Lead QLD Recovery
Brisbane, the Gold Coast and the Sunshine Coast are taking the state construction lead as improving residential and commercial building markets are driving a modest overall improvement in conditions within the Queensland construction sector despite a significant pullback in resource sector work (18 November 2014).  More...

Published – articles, papers, reports

UNEP Publication on Climate Finance for Cities and Buildings
UNEP’s new publication Climate Finance for Cities and Buildings: A Handbook for Local Governments aims to help raise awareness among local stakeholders regarding the challenges and opportunities for climate finance in the urban environment.  More...  More...

G20 leaders’ communiqué Brisbane summit, 15-16 November 2014
Group of Twenty
This communique presents the agreed positions of the participants in the G20 Brisbane Summit, as well as key documents, and issues for further action. Official communique says G20 leaders support 'strong and effective action' on climate (16 November 2014).  More...

China’s Q3 growth affected by weak real estate and heavy industrial investment
The Southern spring - Northern autumn edition of the Westpac-BREE China Resources Quarterly (CRQ) has been released (13 November 2014).  More...

Residential Property Price Indexes: Eight Capital Cities, Sep 2014
Australian Bureau of Statistics
Preliminary estimates show that the price index for residential properties for the weighted average of the eight capital cities rose 1.5% in the September quarter 2014. The index rose 9.1% through the year to the September quarter 2014 (11 November 2014).  More...

Practice and courts

Accessing the 2015 National Construction Code (NCC)
Pre-registration for free access to the 2015 edition of the NCC will become available from 1 December 2014.  The ABCB will no longer produce hard copy versions of the NCC but will provide digital download files that can be used for printing (18 November 2014).  More...

MBA: Time is running out to update asbestos qualifications
The deadline to complete this compulsory asbestos training is fast approaching and industry workers who remove asbestos should ensure they update their qualifications to this national unit of competency by 31 December 2014.  More...

AS/NZS 1158.5:2014
Lighting for roads and public spaces - Tunnels and underpasses Standards Australia.  More...

QLD: Response to QBCC Discussion Paper on Better Payment Outcomes
Published: 19 November 2014. QBCC recently release a discussion paper.  More...  More...

Cases

Kitchen Xchange v Formacon Building Services [2014] NSWSC 1602
Adjudication determination quashed. Ancillary orders made. BUILDING AND CONSTRUCTION - whether payment claim is valid - where claimant served two payment claims in relation to the same reference date - whether payment claim served in breach of s 13(5) is valid - whether there was a unilateral withdrawal of a payment claim - where withdrawal not consensual - where nothing said or done to indicate claimant no longer relied on payment claim - application of s 13(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW).  BUILDING AND CONSTRUCTION - whether service of payment claim valid - where payment claim not accompanied by supporting statement in the form prescribed by regulations - meaning of "must not" - whether requirement to include supporting statement is jurisdictional - whether s 13(7) intended to invalidate service of the payment claim - application of s 13(7) of the Building and Construction Industry Security of Payment Act 1999 (NSW).  BUILDING AND CONSTRUCTION - adjudication determinations - whether as a matter of discretion to nonetheless withhold relief - whether first defendant led into its actions by conduct of the plaintiff - whether to withhold relief as amount of claim relatively small and within jurisdiction of Local Court.  Building and Construction Industry Security of Payment Act 1999 (NSW).  Building and Construction Industry Security of Payment Amendment Act 2013.  More...

The Owners - SP69567 v Landson Alliance Australia [2014] NSWSC 1592
PROCEDURE - application for summary dismissal or strike - out - whether to grant summary dismissal in whole or in part - where plaintiff puts it case in two ways - whether plaintiff owed any duty of care - aluminium framed windows and doors that form part of the common property are defective. It seeks damages from the first or, alternatively, the second defendant, claiming that one or other of them was responsible for the design, supply, installation and certification of those windows and doors. More...

Ericson v Queensland Building and Construction Commission [2014] QCA 297
PROCEDURE – INFERIOR COURTS – QUEENSLAND – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – REMITTED ACTIONS – where the respondent suspended and then cancelled the applicant’s builder’s licence for contravention of a licence condition – where a single member of the Queensland Civil and Administrative Tribunal (QCAT) set aside those decisions – where the Appeal Tribunal of QCAT reversed the Member’s decision and confirmed the cancellation of the applicant’s licence – where the applicant’s application for leave to appeal and appeal were allowed on the basis that the Appeal Tribunal had misapprehended the nature of its jurisdiction – where this Court remitted the matter to Appeal Tribunal for reconsideration – where, on its further hearing, the Appeal Tribunal again set aside the Member’s decision and confirmed the respondent’s decision to cancel the licence – where the applicant seeks leave to appeal the decision the Appeal Tribunal made on remitter – where the applicant contends that the Appeal Tribunal failed to reconsider the matter in accordance with this Court’s reasons – where if the appeal to the Appeal Tribunal were decided on questions of law it remained necessary to return the matter to the Member for decision on the merits – where the Appeal Tribunal did not identify any error of mixed fact and law as the basis for it to re-hear the matter and interfere with the Member’s exercise of discretion.  More...

Legislation

Commonwealth
Work Health and Safety Exemptions (High risk work licences - crane operation) (November 2014)
This exemption provides that holders of high risk work licences to operate slewing mobile cranes can operate specified other cranes without having to obtain additional high risk work licences (17 November 2014).  More...

 

CONTACT

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

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.  

Follow us on Linkedin & Twitter

Holding Redlich Weekly Brief

To receive invitations to upcoming seminars and articles that may be of interest to you
please click here to subscribe to the Holding Redlich Weekly Brief.

Top

Holding Redlich © + Legal Notices + Site Map + Search + Contact Us +linkedin +twitter