In the media

National

MBA: Construction industry on a high
Productivity is high across the ­construction sector compared with other industries, particularly in the heavy and civil engineering sub-industries, research from The Australia Institute shows. In a report released, the Institute said the industry achieves a level of profitability ­disproportionate to its capital intensity (27 August 2014). More...

Six Construction Trades in Short Supply
As the housing boom kicks into gear, as many as six trades within the home building sector in Australia are in national shortage, a new report warns (26 August 2014). More...

Criminal charges loom in phoenix scams probe on big construction projects
The tax office, the Australian Securities and Investments Commission and the Fair Work Building and Construction inspectorate are co-operating on the problem of contractors sending their companies into liquidation to avoid debts to employees, the tax office and others (24 August 2014). More...

Victoria

Victorian building boom continues; Napthine Government claims credit
Victoria’s Planning Minister, Matthew Guy says the state is in the midst of a building boom and believes it is showing no sign of abating, referring to the recent 2014 June Quarter Australian Bureau of Statistics (ABS) before attributing the boom to his government’s policies on zone reforms in both residential and commercial areas (28 August 2014). More...  More...

Experts on board to help drive value for money in Victorian infrastructure 
Victoria’s leading infrastructure projects continue to gain momentum, with commercial and financial advisers appointed for the western section of East West Link and the Melbourne Rail Link (21 August 2014). More...

New South Wales

More downward pressure on power prices more capacity to rebuild NSW 
The NSW Government has agreed to divest the asset, which will take liabilities off the state’s balance sheet and raise more than $700 million to go into ‘Restart NSW’ which funds major Infrastructure projects across NSW  (20 August 2014). More...

Queensland

Advisory services engaged for proposed asset transaction program
The State Government has engaged a number of specialist and strategic consultants (commercial, accounting, legal) to provide advisory services in relation to the proposed asset transaction program outlined in the Strongest and Smartest Choice campaign. These advisors will start work immediately under the direction of Queensland Treasury Corporation (QTC) (29 August 2014). More...

Deep gas to create jobs for the regions
Natural Resources and Mines Minister has released a report which outlines the opportunities for developing Queensland’s next generation of deep gas and oil projects. The framework contains 12 recommendations to be implemented, including a review of tenure arrangements for the industry, and improving geo-scientific knowledge of deep gas and oil reserves 28 August 2014). More...

Recommendation for developing a Cooper Basin Industry Development Strategy
The Cooper Basin Industry Development  Strategy provide a long-term view of how all resource projects in this area can operate collaboratively in a way that’s best for the local community and economically viable (28 August 2014). More...

New report underlines strength of Queensland economy
The Deloitte Queensland Index finds the state economy is effectively moving from a resources investment phase to a production phase (22 August 2014). More...

North Burnett stronger than ever
The signature project of the Queensland Government's Betterment Fund to improve the resilience of flood-prone infrastructure has been officially commissioned in Gayndah, signalling an end to replacing damaged infrastructure to the same standard (20 August 2014). More...

Published – articles, papers, reports

Productivity in the construction industry
Author: David Richardson, The Australia Institute
This paper examines productivity in the construction industry, in terms of both how productive construction is now as well as how productivity growth has performed over time (26 August 2014). More...

Construction Work Done, Australia, Preliminary, Jun 2014 (cat no. 8755.0)
Author: ABS: 27 August 2014
Construction Work Done, Australia, Preliminary, Jun 2014.

The effect of the mining boom on the Australian economy
Peter Downes, Kevin Hanslow, Peter Tulip, Reserve Bank of Australia
The mining boom boosted real per capita household disposable income by 13 per cent by 2013, according to this paper (22 August 2014). More...

Keynote Address at the Future of Infrastructure Conference: Infrastructure under a new Australian Government
The address delivered by Jamie Briggs, Assistant Minister for Infrastructure and Regional Development, 19 August 2014. More...

Practice and courts

Major Projects Conference 2014,18 September, Brisbane Convention Centre
The conference will provide insights about current and future infrastructure projects that are under study, committed or under construction, discussing industry trends and outlining government initiatives. More...  More...

Construction App: CivilWorks 2014
The app is designed specifically for the performance of on-site calculations, providing a set of formulas for sewer mains and drainage calculations, civil engineering calculations, and road and civil construction calculations. More...

Major Projects App: public and private sector 2014
This interactive online application gives you useful information into major projects in the public sector and private industry. Included in the App, are projects valued at $100 million or more, that are under study, committed, under construction or completed (prior November 2013). More...

QLD: Asbestos transport and disposal
To protect the community and ensure waste is handled responsibly, regulated waste transport laws apply for transporting asbestos, lead acid batteries, and anything that contains residues of these waste types. The department has developed guidance material for these waste types to ensure the environmental obligations are clear.  Note that Environmental Authorities are separate to the Class A and Class B asbestos removal licences issued under the Work Health and Safety Regulation 2011 that businesses require to remove asbestos.

QLD: Code of practice – concrete batching
The Concrete batching industry code of practice took effect on 8 August 2014. The code was developed collaboratively by Cement Concrete and Aggregates Australia, Local Government Association of Queensland and the Queensland Government. The code sets out how operators can meet the general environmental duty for this industry. Expires 7 August 2021.

VIC: Amendment to Schedule 5 of the Building Regulations 2006 
New regulations have been made that amend Schedule 5 of the Building Regulations 2006. The amendment references a number of council Planning Schemes and the new residential zones in Schedule 5 of the Regulations (19 August 2014). More...

Cases

BlueScope Steel Limited v Gram Engineering Pty Ltd [2014] FCAFC 107
DESIGNS – scope of the monopoly – construction of the design – whether design is new or original. DESIGNS – infringement – whether fraudulent or obvious imitation – principles of fraudulent imitation – whether evidence of deliberate copying required. More...

Vassallo Constructions Pty Ltd v Andergrove Lakes Pty Ltd [2014] FCA 862
PRACTICE AND PROCEDURE – Summary judgment – Where contract alleged to have been made and repudiated – Where same conduct alleged to be misleading or deceptive – Whether no reasonable prospect of success in establishing claims.  PRACTICE AND PROCEDURE – Leave to amend – Where party responding to application for summary judgment sought leave to amend statement of claim – Where proposed amendment alleged to have no reasonable prospect of success if granted – Whether application of test for summary judgment to application for leave to amend appropriate – Whether proposed amendments had no reasonable prospect of success- leave to amend refused. More...

Haddad v Allianz Australia Insurance Ltd [2014] NSWDC 132
Verdict and judgment in favour of the plaintiff.  Civil Law - Contract - home insurance policy - insurance company denied claim - whether insurance company liable - extensive pleadings - insurance company unilaterally cancelled contract - breach s 63(1) of the Insurance Contracts Act and the insurance policy - relief sought (damages) not barred by s 15 of the Insurance Contracts Act - no evidence of unconscionable conduct - representations - objective test - policy conditions not misleading and deceptive - continued dealing with plaintiff misleading - breached s 18 of the Australian Consumer Law - estoppel - no basis for conventional or promissory estoppel - question of quantum separated.  Competition and Consumer Act 2010 (Cth), sch 2, ss 20, 21, 22, Credit Act 1984 (Vic), Insurance Contracts Act 1984 (NSW) ss 15, 58, 59, 60, 63. More...

Eco Steel Homes Pty Ltd v Hippo's Concreting Pty Ltd & Ors [2014] QSC 135 
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where the applicant seeks a declaration that the adjudicator’s decision is void for jurisdictional error – where the applicant contends that the payment claims did not comply with s 17 of the Building and Construction Industry Payments Act 2004 (Qld) (“BCIPA”) – where the applicant contends that prior proceedings instituted by the first respondent in the Magistrates Court prevent the first respondent from having recourse to the adjudication process under BCIPA – where the applicant contends that it did not enter into contractual agreement with the first respondent – whether for these reasons the adjudicator’s decision is void for jurisdictional error. More...

CMF Projects Pty Ltd v Masic Pty Ltd & Ors [2014] QSC 209
COMMUNICATIONS LAW – POSTAL SERVICES – NON-DELIVERY OR ERRONEOUS DELIVERY – where the applicant seeks a declaration that the adjudicator’s decision is void – where the adjudicator did not consider the applicant’s “adjudication response” – where the adjudicator excluded the “adjudication response” from consideration as it was not received within the required time limits of s 24 of the Building and Construction Industry Payments Act 2004 (Qld) – where the applicant contends that its “adjudication response” was in time, due to the way in which the “notice of an adjudicator’s acceptance of the application” was served on the applicant – whether the “adjudication response” conformed with the requirements of s 24 and consequently the adjudicator’s decision is void for not taking the “adjudication response” into consideration. More...

Kaycee Trucking Pty Ltd v M and C Rogers Transport Pty Ltd & Ors [2014] QSC 185
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – PAYMENT CLAIMS – whether the Payment Claim was validly made – whether the Payment Claim was made under a relevant construction contract – whether the Adjudication Application sought adjudication of a claim under a relevant construction contract – whether the Payment Claim related to more than one construction contract.  More...

Focus Metals Pty Ltd v Babicci & Anor [2014] VSC 380
Restitution – Money paid under mistake – Mistake of fact – Right to recover – Unjust enrichment – Money had and received – Constructive trust – Requisite knowledge required of a payee who is paid by mistake – Defences of “No Mistake” and “Change of position”. More...

CONTACT

Melbourne

 

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

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E: stephen.natoli@holdingredlich.com
Sydney

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Brisbane

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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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