In the media

Federal Court orders $1 million penalties in FWBC Western Australia case
Workers who participated in unlawful industrial action on a West Australian building site have been ordered to pay penalties totalling $1,068,000.The respondents in the case were 117 CBI Construction Pty Ltd (CBI) employees at the Woodside LNG Expansion Project on the Burrup Peninsula in October 2008 (20 September 2013). More...

GBCA:  green Star rulings slash compliance costs
The Green Building Council of Australia has released new rulings in an effort to cut compliance costs for many credits. Responding to feedback, particularly around the expense of modelling “daylight”, “thermal comfort” and “air change effectiveness” credits, the new rulings provide alternative methods estimated to save between $36,000 and $50,000 (19 September 2013).  More...

Australian Infrastructure Metric June Qtr 2013
The June Quarter of the Australian Infrastructure Metric completes the 2012/13 data series, showing a sharp decline in annual investment including a 35 per cent fall in non-mining investments (19 September 2013).  More...

New voice for building designers with creation of National Alliance
A new alliance has been formed between two of the nation’s largest established state building design associations and is set to strengthen professional standards of building designers across Australia (18 September 2013).  More...

John Holland Bags Roy Hill Railway Contract
Engineering and civil construction company John Holland has bagged a $257 million contract to build almost 350 kilometres of railway for Gina’ Rinehart’s Roy Hill Iron Ore project in Western Australia (19 September 2013).  More...

Builders Back Employment Minister’s Pledge to Restore ABCC
Master Builders Australia Chief Executive Wilhelm Harnisch strongly backed the new Employment Minister’s commitment to restore the rule of law to Australia’s building sites and crackdown on corruption (18 September 2013). More...

Green Building Costs no More than Traditional Construction
A new report adds further weight to the notion that green building can be cost competitive when compared with traditional building, stating the report says strong project management and leadership are crucial to the development of high efficiency buildings (17 September 20913). More...

BHP and miners consider position over NT seabed ban
The Northern Territory’s reputation as being open to business is at risk of being damaged after revoking a combined 11 offshore licenses held by BHP Billiton Northern Manganese and unlisted Brisbane-based Yukida Resources (11 September 2013).  More...

ISCA: First projects registered for infrastructure sustainability rating
The Infrastructure Sustainability Council of Australia (ISCA) has commenced delivering training regularly around the country, along with the first project registrations for IS ratings, following the national launch of the Infrastructure Sustainability (IS) scheme  last year(10 September 2013).  More...

Abbott gives WestConnex green light
Mr Abbott joined New South Wales Premier Barry O'Farrell in Sydney to announce construction would begin in early 2015 on the network of underground tunnels linking the city's west and southwest suburbs with the CBD and airport (19 September 2013).  More...

Short List Unveiled for Sydney’s New Hospital
Three well-known operators of private hospitals have been chosen to progress to the Request for Proposals phase of the project to design, construct and operate what will be one of the largest hospitals in the coastal northern suburbs of Sydney (19 September 2013).  More...

Sydney CBD Strategy promotes growth
Infrastructure Partnerships Australia say the release of Sydney City Centre Access Strategy provides a sensible framework to efficiently manage transport into and across the CBD in the short, medium and longer term,– the nation’s peak infrastructure body (11 September 2013).  More...

Queensland pushes Government for urgent approval of mining projects
Despite a warning from the mining industry over the need to wind back developments, the  Queensland Premier has urged Tony Abbott to approve massive new coal projects in the state as soon as possible (13 September 2013).  More...

Qld Government moves closer to re-establish uranium mining
Mines Minister Andrew Cripps says the Government has accepted the findings of an independent committee that, with some adaptations, uranium mining could resume under existing industry regulation and radiation safety systems (12 September 2013).  More...

New legislation plans to streamline building disputes
The amendments will enable the building industry watchdog to make an application to the QCAT for an order to allow it to continue to act in a dispute while QCAT proceedings are underway.  One of the most common complaints was from people who believed certain contractors were using this provision in the Act to prevent or delay the BSA from assisting consumers (11 September 2013).  More...

Arrow LNG project given approval
Queensland Coordinator-General has approved Arrow CSG (Australia) Pty Ltd’s $15 billion Liquefied Natural Gas (LNG) plant at Gladstone. Arrow proposed a facility that would produce up to 18 million tonnes of LNG a year through a staged development. (10 September 2013).  More...

Expression of Interest released for Princes Pier
The Victorian Coalition Government has released an Expression of Interest (EOI) to identify opportunities for the use of Princes Pier. Any proposed activity will need to accommodate continuing public access, regular annual events and the berthing of tall ships and other boats at the pier (20 September 2013).  More...

Next stage set for Ballarat Hospital expansion
The next stage of the Ballarat Health Services redevelopment, which will deliver more hospital beds and a helipad to Ballarat, is about to begin. Contracts have been signed following the awarding of the tender for the fit-out of Levels 3 and 4 at the Ballarat Regional Integrated Cancer Centre to building company Harris HMC (19 September 2013).  More...

Regional Rail Link a jobs boon for Victoria
Employment on Regional Rail Link, one of Australia’s largest public transport infrastructure projects, has reached 3,481 – exceeding initial predictions of how many jobs the project would create by more than 500 (19 September 2013).  More...

Published – articles, papers, reports

The Business case for green building: A Review of the Costs and Benefits for Developers,

Investors and Occupants
Author: World Green Business Council; M&G Investments et al: 2013
Claims that as long as cost strategies, environmental strategies and program management are taken into consideration at the outset of projects, green building should not incur additional compared to traditional building methods.  More...

In practice and courts

New Coalition Government Portfolio and Minister’s list 2013
The publication of the Prime Minister elect Tony Abbott’s first Ministry list and portfolios is listed, including Deputy Prime Minister and Minister for Infrastructure and Regional Development, The Hon Warren Truss MP and Minister for the Environment, The Hon Greg Hunt MP (16 September 2013).  The Hon Warren Truss MP More...

Safework Australia: Draft model code of practice for construction work: public comments
Submissions close 2 October 2013. To view the revised draft Code and make a submission visit the Safe Work Australia website.

QLD: QBCC: expressions of interest for positions on the board
Appointees will require previous senior management or board experience at a significant organisation and bring a broad range of relevant building and construction industry experience to the position.  For more information about the board roles (09 September 2013).  More... 

NSW: Building Services and Operational Guidelines 2013
The Guidelines contain general standards and practical pointers for managers of commercial buildings in NSW and a quick checklist to help building managers determine what particular items may be applicable to their building. To order your copy of the Guidelines, click here to download the order form.

Forthcoming Conferences

Australian National Conference on Resources and Energy, Canberra, 03-04 October 2013
This will provide an opportunity to showcase leading-edge Australian and international research on key issues such as the global gas revolution, China’s growth prospects, the community licence to operate, Indigenous communities and mining, renewable energy developments and also energy efficiency.  More...

East Coast Gas Outlook Conference Sydney, 21-22 October 2013
This outlines opportunities and options to secure gas supply on the east coast of Australia.  More...

International Symposium for Next Generation Infrastructure, NSW, 01-04 October 2013
SMART Infrastructure Facility at the University of Wollongong throws open its doors and welcome the international infrastructure community as we host the International Symposium for Next Generation Infrastructure (ISNGI),) (02 September 2013).  More...

Cases

McCarthy v State of Queensland [2013] QCA 268
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – PAYMENT CLAIMS – where the applicant and respondent entered into a construction contract – where the applicant made 17 payment claims pursuant to s 17 of the Building and Construction Industry Payments Act 2004 (Qld) (the Act) – where payment claim 17 claimed $272,987 in respect of under-measures on the Bill of Quantities – where the respondent contended that the payment claim contravened s 17(5) of the Act as it was in respect of work previously claimed for and paid in relation to earlier reference dates – where the applicant swore that these matters had not been included in any prior claim – where the respondent failed to serve a payment schedule on the applicant under s 18 of the Act – where s 19 of the Act gave the applicant a prima facie right to judgment for the unpaid amount of its claim if the respondent failed to serve a payment schedule – where the primary judge refused to make a finding as to whether payment claim 17 infringed s 17(5) of the Act and refused the applicant’s application for summary judgment pursuant to r 292 of the Uniform Civil Procedure Rules 1999 (Qld) – whether the payment claim contravened s 17(5) of the Act – whether summary judgment should be granted.  More...

Ooralea Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd & Anor [2013] QSC 254
CONTRACT – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS – where the applicant, as principal, entered into a contract with the first respondent, as contractor, for the performance of certain works in connection with a subdivisional development – where there was a dispute as to the amount of a payment claim owed by the applicant to the respondent under the Building and Construction Industry Payments Act 2004 (Qld) (“BCIPA”) – where there was an adjudication which determined the amount to be paid by the applicant to the respondent - where the applicant applied for a declaration that the adjudicator’s decision is void and an injunction to restrain the respondent from enforcing the adjudicator’s decision – whether the declaration voiding the adjudicator’s decision should be made – whether the injunction should be granted.  More...

Russell v Queensland Building Services Authority [2013] QCAT 391
REVIEW - Statement of Reasons – where applicant contends the respondent’s statement of reasons is deficient – where deficiencies are particularised in the application – consideration of the function of the tribunal on a review application – where relevant evidence can be submitted in the review application.  McNabb Constructions Pty Ltd v Queensland Building Services Authority [2013] QSC 2013 Kehl v Board of Engineers [2010] QCATA 58.  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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