In the media

National

Drug testing 'important' for construction safety
The CFMEU's belated commitment to consistent calls for the acceptance of mandatory drug and alcohol tests on building sites is welcome but raises questions about the sincerity of the CFMEU in its call for mandatory testing, according to Master Builders Australia (27 March 2015).  More...

ACF report: Ten companies directly responsible for third of Australia's greenhouse gas pollution
Ten energy and mining companies are responsible for nearly a third of Australia’s greenhouse pollution through their production and use of energy, a new climate change report states. In the list, seven energy companies have been named by the Australian Conservation Foundation (ACF) along with three mining enterprises (27 March 2015). More...

EnergyAustralia and telemarketer ordered to pay penalties totalling $1.1 million for misleading consumers
The Federal Court of Australia has ordered that EnergyAustralia Pty Ltd (EnergyAustralia) pay penalties of $1 million and that its former telemarketing company, Bright Choice Australia Pty Ltd (Bright Choice), pay penalties of $100,000 for contravening the Australian Consumer Law (ACL) (27 March 2015).  More...

Top polluters to set own limits virtually penalty free, according to Direct Action policy paper
Australia's 140 top polluters will set their own limits for future pollution virtually penalty free, according to the Government's latest Direct Action policy paper (26 March 2015).  More...

Crossbench Support to extend the Compulsory Powers of the Building Industry Regulator
Master Builders Australia welcomes news of support within the Senate crossbench for the bill extending the compulsory powers of Fair Work Building and Construction (FWBC) (26 March 2015).  More...

Industry 'strongly supports' Construction Industry Amendment Bill 2015
Industry strongly supports the Construction Industry Amendment (Protecting Witnesses) Bill 2015 which was introduced into Parliament late yesterday (25 March), Australian Industry Group Chief Executive Innes Willox has asserted (25 March 2015).  More...

ACCC releases its draft decision on non-price terms and conditions and fixed line connection charges
From its review of access agreements, the ACCC is concerned that some commercially negotiated access agreements may include clauses that could have the effect of entirely excluding the application of future regulated terms during the life of the agreement (25 March 2015).  More...

ACCC Chairman responds to Fortescue's Andrew Forrest's calls for iron ore production cap
The ACCC Chairman has called upon Fortescue's Andrew Forrest to explain his calls for the world’s biggest iron ore producers to work together to put a cap on iron ore production. Cartel conduct, anti-competitive agreements, price fixing and attempts to bring about collusive arrangements are very serious matters (25 March 2015).  More...

ACCC guns for Andrew Forrest over call for iron ore 'cartel'
The ACCC is investigating a call by Andrew Forrest for iron ore producers to drive up the price by capping production, a practice federal Treasurer Joe Hockey said would be akin to cartel behaviour (25 March 2015). More...

Fortescue releases statement on Forrest's iron ore comments
Fortescue Metals has released a statement relating to Chairman, Andrew Forrest's, comments relating to capping iron ore production. In it, reference is made to the provisions of section 51(2)(g) of the Act dealing with goods exclusively exported. The ACCC has observed that iron ore is not exclusively exported from Australia (26 March 2015).  More...  More...

MR Tribune Resources Limited corrects errors in tax accounting
ASIC has welcomed the decision by ASX-listed Tribune Resources Limited (Tribune) to restate comparative balances in the financial report for the half year ended 31 December 2014 as a result of errors in its tax accounting to 30 June 2014 (20 March 2015). More...

Ticking all the boxes
Changing procurement behaviours, removing inefficiency and improving strategic collaboration to deliver excellent projects are core themes of a new checklist being drawn up by government and industry (20 March 2015).  More...

Seven CFMEU officials facing Australia-wide construction site bans
FWBC has applied to the Fair Work Commission to revoke or suspend seven CFMEU officials’ right of entry permits. This would prevent them from entering any building and construction sites in Australia (18 March 2015).  More...

Australia’s resources and energy export earnings projected to increase over medium term
In 2014-15, Australia’s mineral and energy commodity export earnings are forecast to decline by 8 per cent to $179 billion as higher volumes are more than offset by lower commodity prices, released today by the Department of Industry and Science (18 March 2015).  More...

MBA: 457 Visa Reforms a Boost for Regional Builders
The Federal Government has announced wide ranging reforms to the 457 visa program which should make it easier for builders and contractors in regional and remote areas to engage eligible 457 workers (19 March 2015).  More...

MBA: Building Industry Backs Sensible Reforms To 457 Visa System
The Government’s proposed reforms of the 457 visa system will support a more productive building and construction industry and more jobs for young Australians (18 March 2015).  More...

First Inland Rail tenders on track
The initial round of tenders for engineering design and environmental services has been advertised for the Brisbane to Melbourne Inland Rail project, according to the federal government. Truss said he had charged the Australian Rail Track Corporation with developing a 10 year delivery plan for Inland Rail (13 March 2015). More...

Victoria

Victoria to lead the way on Renewable Energy
Premier Daniel Andrews today announced changes to wind farm planning laws, opening Victoria back up to investors in renewable energy to create more jobs. The changes reduce the household veto for a proposed wind turbine development from two kilometres to one kilometre from a dwelling (20 March 2015).  More...

Traffic Noise Reduction Policy Review
The VicRoads Traffic Noise Reduction Policy sets noise levels for Victoria's freeways and some other major roads. The policy ensures that the traffic noise from Victoria's freeways is kept at a reasonable level and that priority to reduce traffic noise focuses on those locations with the highest noise levels (18 March 2015).  More...

Renovator convicted and fined for building and plumbing work
The manager of a renovation company has been fined $4500 and convicted by the Geelong Magistrates’ Court following an investigation by the Victorian Building Authority.(VBA) for completing plumbing and building work while unlicensed and unregistered (16 March 2015).  More...

New South Wales

Glencore to close coal mine early
Ivan Glasenberg’s Glencore will shut a NSW coal mine earlier than expected because of strained market and economic conditions. It says the decision was consistent with the life of mine planning for the asset (26 March 2015).  More...

UBS faces ASIC scrutiny over privatisation report
Investment firm UBS is facing scrutiny from ASIC over an altered report on the NSW government's electricity privatisation plans. A report, originally titled "Bad for the budget, good for the state" was later reissued with the title "Good for the state" (23 March 2015).  More...

Public inquiry into former Mine Subsidence Board manager
The ICAC will hold a public inquiry commencing on Monday 30 March 2015 as part of an investigation it is conducting into allegations concerning former Mine Subsidence Board Picton office district manager, Darren Bullock (Operation Tunic) (19 March 2015).  More...

Investigation into a fatal collision at Ravensworth open cut mine
The NSW Mine Safety Investigation Unit concluded in its report that the incident highlighted the importance of having an effective risk management program in relation to the interaction of light and heavy vehicles at open cut mines.  More... More...

Queensland

Traditional owners reject Adani mine
Plans for a $16.5 billion coal mine in Queensland's Galilee Basin have hit another roadblock after the traditional owners rejected an indigenous land use agreement (26 March 2015).  More...

Hydro power project planned for disused Kidston gold mine near Einasleigh in north Qld
A private power company is planning to build Australia's third largest hydro power generator in an old north Queensland gold mine. Genex Power has completed a pre-feasibility study for the project, which would be built in the closed Kidston mine near Einasleigh, north-west of Townsville (20 March 2015).  More...

More obstacles for $16.5 bn Adani mine
The Indian company is facing a potential knockback from the bank for a $1 billion loan request for its Queensland coal project while environmentalists reposition their high court appeal (20 March 2015).  More...

Funding approved for Queensland section of the Outback Way
The Australian Government has approved $11 million to upgrade Queensland sections of the Outback Way. The funds will improve access and flood immunity for outback communities (25 March 2015).  More...

Published – articles, papers, reports

Australia's emissions projections 2014-15
Commonwealth of Australia, 2015. Australia’s cumulative abatement task from 2013 to 2020 has fallen to 236 Mt CO2-e. To achieve Australia’s 2020 target of five percent below 2000 levels, Australia must reduce its emissions by 126 Mt CO2-e in 2019–20 (23 March 2015).  More...  More...

Practice and courts

Act now on Infinity cables
The ACCC is urging the community to get a licensed electrician to check if degrading Infinity electrical cables are installed in their homes or businesses, as recent progress reports show that only 179 premises have so far been rectified and approximately 5 per cent of the supplied cable remediated (26 March 2015).  More...

CER: first Emissions Reduction Fund auction
The auction will open from 15 April until 16 April 2015, offering a combined with a two-day bidding window. Bids will be lodged through AusTender will be notified of the outcome within five business days of the auction. The Clean Energy Regulator has decided not to publish the benchmark price.  More...

Four Emissions Reduction Fund methods released for public consultation
Draft methods on High efficiency commercial appliances, Commercial and public lighting, Oil and gas fugitives and Refrigeration and ventilation fan upgrades released for public consultation. Comments close 14 April 2015 (17 March 2015). More...

NSW: The Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2015 (NSW)
This introduces new requirements for head contractors to hold retention money under subcontracts in a trust account. The Regulation commences on 1 May 2015.

NSW Mining Safety Alert: In-service failure of safety critical steering component
Both front steering hubs on an underground personnel transport vehicle failed in quick succession on 9 November 2014, with the vehicle coming to rest and narrowly missing contact with the roadway wall (18 March 2015).  More...

VIC: Traffic noise reduction
VicRoads is undertaking a review of its Traffic Noise Reduction Policy. The review seeks to balance economic, environmental and social needs within the existing infrastructure as well addressing potential issues in future transport and land use planning.  More...

VBA Mail 27 March 2015
VCAT decision provides guidance for building inspectors. Updated handbook for energy efficiency requirements of the NCC; Owner-builders have insurance obligations too; Guide to Standards and Tolerances 2015; Using spreaders to discharge stormwater; Building to provide access for all.  More...

Cases

Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd (No 2) [2015] FCA 265
INDUSTRIAL LAW – termination of employee’s employment – employee president of union at the mine – application for annual leave over public holiday period refused and employee subsequently claimed illness and took sick leave on those dates – employee informed supervisor he would not attend and would obtain medical certificate to support non-attendance – supervisor said that false claim of sickness would result in disciplinary action – whether threat of adverse action – applicant sought annual leave rather than sick leave to “help the company’s statistics” – employee did not tell supervisors he was ill at time he sought annual leave – alleged practice at mine of taking annual leave rather than sick leave when sick – medical certificate produced by doctor of employee – whether employee actually sick – who was decision-maker in respect of decision to terminate – whether human resources advisers or other staff were decision-makers – disciplinary action followed Consequences Model which assisted managers make disciplinary decisions – identification of real reasons for decision to dismiss employee – whether contravention of ss 340, 346, 352 Fair Work Act 2009 (Cth) – principles in Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32; (2012) 248 CLR 500 and Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41; (2014) 314 ALR 1 discussed – whether onus under s 361 Fair Work Act 2009 (Cth) discharged by employer. CONTRACT – whether employee engaged in serious and wilful misconduct sufficient to terminate contract of employment – specific performance of employment contracts – whether exceptional circumstances warranting specific performance. Fair Work Act 2009 (Cth) ss 340, 342, 342(1), 346, 347, 352, 360, 361, 546.  More...

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 226
CONTEMPT OF COURT – failure to comply with voluntary undertaking – considerations relevant to penalty – whether multiple contraventions should be treated as single offence. Fair Work Act 2009 (Cth); Fair Work (Registered Organisations) Act 2009 (Cth).  More...

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 225
INDUSTRIAL LAW – whether respondents contravened ss 346, 348 and 355 of theFair Work Act 2009 (Cth) – whether blockading at two construction sites taken with intent to coerce persons into complying with industrial demands made by the respondents. PRACTICE AND PROCEDURE – application of s 553 of the Fair Work Act 2009 (Cth) – where first respondent the subject of contempt proceedings in Supreme Court of Victoria. More...

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 199
INDUSTRIAL LAW – whether officials of union engaged in unlawful coercive conduct contrary to s 348 of the Fair Work Act 2009 (Cth) (FW Act) – whether officials of union engaged in improper conduct whilst exercising rights of entry under FW Act contrary to s 500 of the FW Act – findings of fact – allegations of Director established.  More...

Kingswood Aluminium Pty Ltd v Watpac Construction (SA) Pty Ltd [2015] FCA 237
The respondent is given leave to review its application for costs of that interlocutory application on reasonable notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. applicant applied ex parte for an injunction against the respondent to restrain it from calling upon, or from taking any further steps to demand or obtain payment in respect of, two bank guarantees both dated 21 June 2013 issued by Australia and New Zealand Banking Group Ltd, and guaranteeing the applicant’s potential liability to the respondent - sub-contract with the applicant for the applicant to supply, install and glaze aluminium windows at the Ibis Hotel.  More...

Wollongong Coal Limited v Gujarat NRE India Pty Ltd [2015] FCA 221
CORPORATIONS – Statutory demand – Accompanying affidavit verifying debt due and payable – Where accompanying affidavit pre-dated statutory demand – Whether accompanying affidavit was defective – Whether there was a defect in the demand because of an inadequate or incorrect description of the debt – Whether the inadequate or incorrect description of the debt caused substantial injustice or gave rise to some other reason for setting aside the demand – Whether there was a genuine dispute as to the existence of the debt – Whether statutory demand should be set aside – Corporations Act 2001 (Cth), ss 9, 459E, 459G, 459H, 459J.  More...

Sollazzo v Commissioner of Fair Trading [2015] NSWCATOD 20
Supervisor licence application – experience - general building work – “otherwise lawfully engaged”.  More...

Lameh Mourad v Omar Aly [2015] NSWCATAP 49
That the appellant be granted an extension of time pursuant to s 41 of the NCAT Act to bring this appeal. The appeal be allowed. Appeal – extension of time to bring appeal – failure to attend hearing and to comply with directions – adequacy of medical certificate – challenged decision failing to disclose reasons - Home Building Act 1999 (NSW).  More...

Kurmond Homes Pty Ltd v Spiteri [2015] NSWCATAP 48
Appeal - Civil and Administrative Tribunal – costs – special circumstances – costs ordered in a fixed amount.  More...

Gold & Copper Resources Pty Limited v The Hon Chris Hartcher, Minister for Resources & Energy, Special Minister [2015] NSWCA 57
ADMINISTRATIVE LAW – renewal of exploration licence under the Mining Act 1992 – where application for renewal was submitted on time – where new front page of application was submitted out of time ADMINISTRATIVE LAW – whether sending of new first page constitutes withdrawal or final disposal of original application under the Mining Act 1992 – whether new first page constitutes new application STATUTORY CONSTRUCTION – meaning of “finally disposed of” in ss 117 and 131 of the Mining Act 1992 – whether application may be withdrawn otherwise than pursuant to s 130 of the Mining Act 1992 – overall scheme of the Mining Act 1992  Appeal dismissed.  More...

Nazero Group Pty Limited v Top Quality Construction Pty Limited [2015] NSWSC 232
BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (the Act) – s 25(4)(b) of the Act requires a person who commences proceedings to have a judgment based on an adjudication certificate set aside to pay into Court as security the unpaid portion of the adjudicated amount – where a person commences proceedings seeking to challenge an adjudication where there is no judgment – whether an order should be made requiring the person to pay money into Court – approach to be taken HELD: In the present circumstances the amount should be paid into Court pending the challenge. The proceedings be stayed unless the plaintiff pays into Court the unpaid portion of the adjudicated amount.  More...

Mineral Resources Engineering Services Pty Ltd as Trustee for the Meakin Investment Trust v Commonwealth Bank of Australia; Hay v Commonwealth Bank of Australia [2015] QSC 062
LIMITATION OF ACTIONS – GENERAL MATTERS – AMENDMENT OF ORIGINATING PROCESSES AND PLEADINGS OUTSIDE LIMITATION PERIOD – AMENDMENTS INTRODUCING NEW CAUSE OF ACTION OR PARTICULARISING CAUSE OF ACTION – where the defendant applied for the disallowance of certain amendments to each plaintiff’s statement of claim – where the plaintiffs pleaded, inter alia, that the bank engaged in unconscionable conduct, in contravention of the Australian Securities and Investments Commission Act 2001 or the Trade Practices Act 1974, and also in also in equity – whether certain amendments contained in each amended statement of claim raised new causes of action which were by then time barred – whether amendments to the pleadings fell within r 376(4) of the UCPR – whether parts of the amended pleadings were obscure and failed to inform the defendant of the plaintiff’s case. PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – AMENDMENT – where the defendant applied for the disallowance of certain amendments to each plaintiff’s statement of claim – where the plaintiffs pleaded, inter alia, that the bank engaged in unconscionable conduct, in contravention of the ASIC Act or the TPA, and also in also in equity – whether certain amendments contained in each amended statement of claim raised new causes of action which were by then time barred – whether amendments to the pleadings fell within r 376(4) of the UCPR – whether parts of the amended pleadings were obscure and failed to inform the defendant of the plaintiff’s case. PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – PLEADING – STATEMENT OF CLAIM – whether certain amendments contained in each amended statement of claim raised new causes of action which were time barred – whether amendments to the pleadings fell within r 376(4) of the UCPR – whether parts of the amended pleadings were obscure and failed to inform the defendant of the plaintiff’s case. TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – ENFORCEMENT AND REMEDIES – ACTIONS FOR DAMAGES – LIMITATION PERIOD – WHEN CAUSE OF ACTION ACCRUES – where the plaintiffs pleaded, inter alia, that the bank engaged in unconscionable conduct, in contravention of the Australian Securities and Investments Commission Act 2001 or the Trade Practices Act 1974, and also in also in equity – whether certain amendments contained in each amended statement of claim raised new causes of action which were by then time barred.  More...

Etro Metroplex on Gateway v Broad Construction Services (Qld) Pty Ltd & Ors [2015] QDC 062
PROCEDURE – Queensland – Cause of Action – Application for Summary Judgment under r 293 UCPR. PROCEDURE – Queensland – Cause of Action – Application to Strike Out Pleading under r 171 UCPR. By these proceedings, the plaintiff (Etro), the body corporate for a community titles Scheme known as the Etro Metroplex on Gateway (Etro Metroplex), seeks to recover the cost of rectifying what it says are defects in the construction of the common property of the scheme.  More...

Lin v Maboudi t/as Vakuke Pty Ltd [2015] QCAT 079
DOMESTIC BUILDING DISPUTE – claim for refund of moneys paid – withdrawal by homeowner from contract – builder’s licence suspended at time ‘contract’ signed – whether contract formed. COSTS – exercise of broad general discretion. Smith Developments Pty Ltd v Maybrey Pty Ltd and Ors [2012] QCAT 234 Cascol Constructions Pty Ltd v Blanchard and Anor [2013] QCAT 270 Cook’s Construction P/L v SFS 007.298.633 P/L (formerly trading as Stork Food Systems Australasia P/L) [2009] QCA 75 Lyons v Dreamstarter Pty Ltd [2011] QCATA 142. More...

Prosser v Kimama Holdings Pty Ltd T/A Visual Diversity Homes [2015] QCAT 077
BUILDING MATTERS - regulated contract – variation – failure to make variation in writing – repudiation of contract – breach of contract – termination of contract by commencement of proceedings - determination of ambiguities between specifications and drawings - practical completion - certification – unsigned Form 21 – defects – assessment of damages – calculation of cost of rental premises as basis of assessment – owner excluded from occupation in breach of contract. Allaro Homes Cairns Pty Ltd v O’Reilly & Anor [2012] QCA 286 Better Homes Queensland Pty Ltd v O’Reilly & Anor [2012] QCATA 37.  More...

Gladstone Area Water Board & Anor v AJ Lucas Operations Pty Ltd [2015] QSC 052
PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT – COSTS OF ISSUES – where the plaintiff was successful on its claims at trial – where the defendant was successful on part of its counterclaim at trial – whether the plaintiffs’ costs should be fixed – whether the plaintiffs should pay 50 per cent of the defendant’s costs.  More...

Barry & Anor v Queensland Building and Construction Commission [2015] QSC 050
PROFESSIONS AND TRADES – BUILDERS – STATUTORY POWER TO REQUIRE RECTIFICATION OF DEFECTIVE OR INCOMPLETE BUILDING WORK – where the second applicant was contracted to construct an outdoor deck and extension to an existing deck – where the majority of building work was completed on 18 December 2007, further building work was completed on 21 May 2008 and the final inspection certificate of the building work was issued on 26 August 2008 – where a direction was issued by the respondent to the second applicant to rectify defective or incomplete building work on 22 August 2014 – where the direction was required to be given within 6 years and 3 months after the “building work to which the direction relates” was completed pursuant to s 72(8) of the Queensland Building Construction Commission Act 1991 (Qld) – whether a direction issued outside 6 years and 3 months is invalid – whether the relevant date for s 72(8) should be identified by reference to the completion date of the defective work identified in the direction or the completion date of the whole of the building work, including the issuing of a final inspection certificate.  More...

Contract Constructions Pty Ltd v Bartlett [2015] QCAT 072
COSTS – where partial success at hearing – whether the broad general discretion to award costs should be exercised. Contrast Constructions Pty Ltd v Bartlett [2013] QCAT 322 Contrast Constructions Pty Ltd v Bartlett [2013] QCAT 399 Contrast Constructions Pty Ltd v Bartlett [2014] QCATA 262 Lyons v Dreamstarter Pty Ltd [2011] QCATA 142, cited Queensland Building Services Authority v Johnston [2011] QCATA 265, cited Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No 2) [2010] QCAT 412, cited Tamawood Ltd & Anor v Paans [2005] QCA 111, cited. More...

JM Kelly (Project Builders) Pty Ltd v Queensland Building Services Authority [2015] QCAT 066
Whether defective building work – whether applicants carried out defective building work – whether directions to rectify should issue – whether it would be unfair to give a direction. R v His Honour Judge Miller [1987] 2 QR 446 Imperial Homes (Queensland) Pty Ltd v Queensland Building and Construction Commission [2014] QCAT 42 Baulderstone Hornibrook Pty Ltd v Beneficial Finance Corporation Ltd [1998] QCA 351 Builders Licensing Board v Superway Constructions (Syd) Pty Ltd [1975] CLR 616 L.S. v Mental Health Review Board [2013] WASCA 128.  More...

Gonzalez & Anor v Commissioner of State Revenue [2015] QCAT 065
GENERAL ADMINISTRATIVE REVIEW – FIRST HOME OWNER GRANT – whether ‘eligible transaction’ – whether ‘new home’ – whether property ‘sold as a place of residence’ – where property previously transferred from original developer to subsequent developer – where test for ‘sold as a place of residence’ is objective and does not depend on parties’ acts and intentions – where purpose of property was multi-unit dwelling – where policy intent of Parliament is to benefit buyers of new homes and boost housing construction sector – where policy intent achieved in first transfer from original developer to subsequent developer – ESTOPPEL – where incumbent upon applicant for grant to provide correct information to Commissioner.  More...

Jarvis v Queensland Building and Construction Commission [2014] QCAT 693
GENERAL ADMINISTRATIVE REVIEW – review of Queensland Building and Construction Commission decision to issue Direction to Rectify – where builder claims it was unreasonable to issue direction – decision confirmed.  More...

Metricon Homes Pty Ltd v Hooper [2015] VSC 110
JUDICIAL REVIEW – Section 148(1) Victorian Civil and Administrative Tribunal Act 1998 (Vic) (VCAT Act) – Questions of law – Factual findings and inferences not open to Tribunal – Factual findings unreasonable – Wednesbury unreasonableness – Tribunal’s obligations to act fairly (s 97 VCAT Act), to afford natural justice (s 98(1) VCAT Act), to provide a reasonable opportunity to call or give evidence (s 102(1)(a) and (b) VCAT Act) – Incorrect application of the Building Code of Australia 2006 (BCA) – Scheme of the BCA – Options to satisfy BCA Performance Requirements – Provisions of AS 2870 – Tribunal’s errors in determining damages – Notice of contention – Tribunal’s errors in construing the building contract.  More...

McNiece v Vella (Building and Property) [2015] VCAT 271
Domestic Building Dispute – s.75 of the Victorian Civil and Administrative Tribunal Act 1998 – application to dismiss or strike out proceeding, application to amend application under s.127 of the VCAT Act, by substituting respondent; application to join party under s.60 of the VCAT Act.  More...

Havaylar v Cagilgan [2015] VSC 91
CONTRACTS — Set-off — Appeal from decision of Victorian Civil and Administrative Tribunal — Fixed price contract for painting work — Cost of rectification exceeding contract price — Tribunal member awarding painter difference between cost of rectification and fair and reasonable contract price — Error of law.  More...

Karagiozakis v Karagiozakis No 2 (costs) (Building and Property) [2015] VCAT 239
CO-OWNERSHIP – Part IV of the Property Law Act 1958 – Costs – s 112 and s 109 of the Victorian Civil and Administrative Tribunal Act 1998; whether costs of the proceeding are to be taken into account in determining how the proceeds of sale are to be distributed; whether enhanced costs order should be made.  More...

Reasonda v Mardel Developments (Aust) Pty Ltd (Building and Property) [2015] VCAT 231
Domestic Building Contracts Act 1995 – s.8 warranties – defective work – evidence – assessment of cost of rectification.  Order that the Second Respondent pay to the Applicants $98,684.10. More...

Other

CONSTRUCTION OCCUPATIONS REGISTRAR v B&T CONSTRUCTIONS (ACT) PTY LTD & ORS (Occupational Discipline) [2015] ACAT 24
OCCUPATIONAL DISCIPLINE – construction - occupation-builder’s licence - Construction Occupations (Licensing) Act 2004 – disciplinary proceedings sections 55 and 56 – rectification order - whether consent orders valid - role of certifier in overseeing rectification work. ACT Civil and Administrative Tribunal Act 2008 (ACT) ss 66; Building Act 1972;Building Act 2004 ss 42, 49. Construction Occupations (Licensing) Act 2004 ss 6, 20, 26, 28, 33-47, 55, 56. More...

Legislation

Commonwealth

Construction Industry Amendment (Protecting Witnesses) Bill 2015
Amends the Fair Work (Building Industry) Act 2012 (Fair Work (Building Industry) Act) to extend the period during which the Director of the Fair Work Building Industry Inspectorate can apply to a nominated Administrative Appeals Tribunal presidential member for an examination notice by a further two years. (Registered 26 March 2015; Introduced Senate 25 March 2015).  More...

Fair Work (Registered Organisations) Amendment Bill 2014
The Fair Work (Registered Organisations) Amendment Bill 2014 (the Bill) will amend the Fair Work (Registered Organisations) Act 2009 (RO Act) and the Fair Work Act 2009 to ensure better governance of registered organisations (Registered 23 March 2015; Introduced Senate 19 March 2015). More...

CONTACT

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

Suzy Cairney, Partner
T: T: +61 7 3135 0684
E: suzy.cairney@holdingredlich.com

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

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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