In the media

National

Call for greener best practice
Greener built environments are being held back by a lack of communication between multiple performance codes and criteria, according a leading advocate in the industry (03 July 2015).  More...

Billions at risk by Government failures
Billions of tax payer dollars are being put at risk by the federal and state governments that are failing to adopt more innovative funding models for transport infrastructure projects, according to a new report by AECOM and Consult Australia. The AECOM and Consult Australia Value Capture Road Map identifies billions of dollars that could be lost if Australia continues to ignore the additional indirect value created as a result of publically funded infrastructure (03 July 2015).  More...  More…

Record-breaking building approvals to aid housing affordability
Building approvals continue their unbroken upward trajectory, hitting new records over the past 12 months, according to the latest data released 1 July from the ABS (01 July 2015).  More...

Why the Construction Industry Needs to Innovate
Business leaders are constantly told that innovation is ‘essential’ to business growth, competitiveness and productivity in a world of increasing competition and depleting natural resources (03 July 2015).  More...

Employment, plus possible mini-boom: ACIF Forecasts
Employment is the big, good news story coming out of the latest ACIF Forecasts – despite a decline in mining infrastructure (01 July 2015).  More...

IBISWorld reveals the industries set to fly and fall in 2015-16
As Australian companies enter the new financial year, business information analysts at IBISWorld reveal the industries set to flourish and those set to flounder over the next 12 months (01 July 2015).  More...

Victoria

The Crossover Between Court Trials and Misconduct Inquiries
At a recent VCAT review hearing, a ‘double jeopardy’ type argument was run, to the effect that the building practitioner appealing a misconduct penalty (suspension of registration) should be able to refer to having been convicted and fined at the Magistrates Court previously (03 July 2015).  More...

Taking politics out of infrastructure
A new independent body, established to guide Victoria’s infrastructure and planning priorities and oversee growth over the next 30 years, has been welcomed by the property industry (30 June 2015).  More...

New Jobs, Investment And Growth For Regional Victoria
The Andrews Labor Government is putting rural and regional Victoria back at the heart of the state’s economy with the official launch of the new $500 million Regional Jobs and Infrastructure Fund (RJIF) (29 June 2015).  More...

Infrastructure Victoria will allow consensus
The national infrastructure sector welcomed the introduction of legislation to establish Infrastructure Victoria today, says Infrastructure Partnerships Australia (23 June 2015).  More...

New South Wales

Housing Approvals boost supply of new homes
Housing supply in NSW has received a major boost, with construction approvals soaring to levels not seen in 20 years. Official statistics from the ABS released today show that NSW recorded 5,374 dwelling approvals for the month (01 July 2015).  More...

NSW home approvals at record levels but non- residential approvals are falling
The Australian Bureau of Statistics data on building approvals is positive for dwellings but is dipping for non-residential says, the Urban Taskforce (01 July 2015).  More...

NSW 'poles and wires' electricity giants challenge ruling over lower prices
New South Wales' state-owned electricity networks begin a court challenge that, if successful, will result in consumers paying hundreds of dollars more for their electricity (01 July 2015).  More...

NSW in the infrastructure fast lane: More milestones delivered on Sydney Metro Northwest
Big–ticket transport, road, hospital, schools and cultural projects across the state will be fast–tracked, following a major cash injection of more than $590 million unveiled in yesterday’s NSW Budget (24 June 2015).  More...

Budget provides $1 billion for simpler planning, and better infrastructure for NSW
Planning Minister Rob Stokes today announced that the NSW Budget will invest $1 billion over four years in planning for the homes, jobs and services NSW needs for the future and making the system simpler and more efficient. Interactive Mapping the Budget tool highlights the key areas of spend. You can use the map to explore projects across planning regions and Local Government Areas (LGA), or filter by project type (23 June 2015).  More...  More…

Queensland

QBCC: Dispute service makes for happy endings
A year on from introducing an early dispute resolution service, the QBCC has resolved 1097 dispute cases lodged by builders and home owners. From 1 June 2015, the service was expanded to help principal contractors resolve defective or incomplete building work issues which can arise with their subcontractors (02 July 2015).  More...

Helping hand for first homebuyers in sunshine state
The Queensland Government’s decision to maintain the $15,000 first home owner construction grant keeps the door open for first homebuyers in Queensland and provides a boost for the state economy (30 June 2015).  More...

Government awards construction contract for Gateway Upgrade North project
The $1.162 billion Gateway Upgrade North project has reached a significant milestone with the successful tenderer for design and construction announced today (26 July 2015).  More...

Commonwealth Games Village targets gold level accessibility standards
All 1,170 apartments in the Parklands redevelopment will be built to Livable Housing Design Gold Level status (24 June 2015).  More...

Published – articles, papers, reports

NSW Budget 2015-16
Cabinet, Economy, Education, Health, Infrastructure, Transport. Key areas including health, infrastructure, jobs, housing and education have received a boost in the NSW 2015-16 Budget (23 June 2015).  More...

Practice and courts

ACCC: issues paper for the East Coast Gas Inquiry
The issues paper seeks information and responses from industry participants and other interested parties to assist the ACCC in its inquiry into the east Coast gas market. Submissions are due by 2 July 2015 (04 June 2015).  More...

QLD: No scheduled fee increase for reporting notifiable work
The proposed scheduled fee increase for reporting notifiable work has been delayed (03 July 2015).  More...

QBCC:Suspended or cancelled licensees - 21 Jun - 28 Jun 2015. More...

QLD: Infrastructure update
As councils and water entities in Queensland adopt their annual budgets and infrastructure charges resolutions, information about increases to infrastructure charges, and development fees and charges, are being disseminated (02 July 2015).  More...

VIC: Updated Australian Standard AS/NZS 3500.3
The VBA has produced a Standards Alert Information Bulletin setting out the key differences between the new 2015 edition of AS/NZS 3500.3 Plumbing and Drainage Part 3: Stormwater Drainage versus the 2003 publication (29 June 2015). More...

VIC: Changes to recycled water inspections from 1 July 2015
The VBA is reminding plumbers that from 1 July 2015, the VBA will no longer be carrying out mandatory inspections for any stage of recycled water installations, including stage three (commissioning).  More...

VIC: Building practitioner registration fees 2015-16
New building practitioner registration fees will take effect on 1 July 2015.  More...

VIC: Fees payable to councils 2015-16
Fees payable to councils will change from 1 July 2015.  More...

VIC: Changes to building and plumbing fees
New building and plumbing fees will take effect on 1 July 2015. More...

VIC: Growth Areas Infrastructure Contribution rates have been adjusted for 2015-16 commencing 1 July 2015.  More...

Cases

Veer Build Pty Limited v TCA Electrical and Communication Pty Ltd [2015] NSWSC 864
BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) – validity of payment claim – whether a second payment claim served in respect of a reference date under contract – whether adjudicator denied procedural fairness to plaintiff.  More...

Illawarra Retirement Trust v Denham Constructions Pty Ltd [2015] NSWSC 823
BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) – validity of payment claim – whether reference date available for claim – reference date arises on last business day of month – whether contract terminated before last business day of month – construction of notice of termination – whether subsequent agreement as to when termination would take effect – whether inclusion of item concerning amount of security called upon by principal invalidates payment claim.  More...

Glavan v Abigroup Contractors & Ors [2015] NSWSC 807
PROCEDURE – civil – application to set aside consent judgment by third defendant – judgment entered between first defendant and plaintiff – application of principles in James Hardie v Seltsam – effect of consent judgment between tortfeasors PROCEDURE – civil – application for adjournment – to have issue determined at time of substantive hearing.  More...

RCR O'Donnell Griffin Pty Ltd v Forge Group Power Pty Ltd and Ors [2015] QSC 186
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS – SECURITY AND RETENTION FUNDS – where subcontractor gave head contractor bank guarantees as security - where head contractor became insolvent – whether power to appoint Superintendent extends beyond termination of contract - whether power of Superintendent to resort to bank guarantees extends beyond termination of contract – whether insolvency context influences implied allocation of risk for bank guarantee - whether Superintendent’s demand for liquidated damages void. CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – REMUNERATION – CERTIFICATES – GENERALLY – where head contractor became insolvent – where accrued rights of parties under subcontract retained by deed of novation - whether liquidated damages are payable without certificate being issued – whether Superintendent acted honestly when issuing certificate - whether certificate validly issued under contract. More...

Sunshine Coast Regional Council v Earthpro Pty Ltd & Ors [2015] QSC 168
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY - where the adjudicator was mistaken about claim dates - where the adjudicator decided claims based on information not provided by either party - where the applicant claimed that the adjudicator failed to have proper regard to submissions made - whether the adjudicator’s actions amounted to procedural unfairness. CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – OTHER MATTERS - where part of an adjudication decision is affected by jurisdictional error - where the proceeding to challenge the adjudicator’s decision was brought before the Building Construction Industry Payment Act 2004 (“the Act”) was amended to include s.100(4) - whether s.100(4) of the Act applies to the proceeding. ESTOPPEL – ESTOPPEL BY JUDGMENT – RES JUDICATA OR CAUSE OF ACTION ESTOPPEL – PARTICULAR CASES - where the respondent was unsuccessful in a previous adjudication - where the respondent brought a new claim based on similar facts using a different contractual clause - where the respondent adduced new evidence - whether the adjudicator was bound by an issue estoppel - whether the parties to the adjudication were bound by a decision of a previous adjudicator.  More...

Donovan Hill Pty Ltd v McNab Constructions Australia Pty Ltd [2015] QCA 114
ADMINISTRATIVE LAW - QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the QBSA issued a number of directions to rectify to the respondent in respect of an apartment complex – where the respondent applied to the Commercial and Consumer Tribunal for review of the decisions to issue the directions – where the review proceedings became proceedings in QCAT as successor to the Commercial and Consumer Tribunal – where the respondent applied under s 42 of the QCAT Act for orders joining an array of entities as parties to each of the applications – where the applicant sought to be joined in each review proceeding under the name Donovan Hill Architects – where a member of QCAT ordered that the joinder application be dismissed with respect to all entities sought to be joined – where directions were made that any application for costs by QBSA or any of the proposed parties be filed by 18 January 2013 and that the costs applications be determined on the papers – where the applicant filed an application for costs – where three of the other proposed parties also applied for costs – where the Tribunal member made orders in respect of the applications on 20 August 2013 – where the respondent appealed against those orders and costs orders made in favour of two of the other proposed parties – where an Appeal Tribunal of QCAT allowed the appeal, set aside the costs orders and dismissed the costs applications of the applicant and the other two proposed parties – where a live issue in both the application before the member and the appeal to the Appeal Tribunal was whether QCAT has power to award costs to a person who successfully resists a joinder application – where the member concluded that QCAT was so empowered – where the Appeal Tribunal held that QCAT was not so empowered – whether the determination of a joinder application under s 42 is in exercise of QCAT’s original jurisdiction or its review jurisdiction – whether QCAT is empowered to award costs to a person whom a party to a proceeding in QCAT has unsuccessfully sought to join in the proceeding.  More...

The Avenues Tavern (Townsville) v K P Architects [2015] QSC 182
TORTS – NEGLIGENCE – APPORTIONMENT OF RESPONSIBILITY AND DAMAGES – APPORTIONMENT IN PARTICULAR SITUATIONS AND CASES – where the plaintiff was the owner of a property on which a tavern was constructed, designed by the defendant architect, at least in part – where the original design placed the building on power and sewerage easements, a problem which required a redesign and caused some delay – where the plaintiff alleged the delay caused loss to it in the vicinity of $1.8 million – where the defendant’s case was that acts and omissions of both the local council and a town planner, each of whom was involved in the planning process, contributed to the loss claimed – whether the claim was one for economic loss and whether it was an action arising from a breach of a duty of care – whether the defendant’s claim was apportionable for the purpose of part 2 of chapter 2 of the Civil Liability Act 2003 (Qld). PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – PLEADING – where the plaintiff did not oppose the application by the defendant for a declaration that the plaintiff’s claim against the defendant was an apportionable claim for the purpose of part 2 of chapter 2 of the Civil Liability Act 2003 (Qld) – where each party had sought that the other party pay the costs of the application – where the declaration would have assisted the defendant to decide whether or not to join another party or parties to the proceeding as a third party – whether the plaintiff could have admitted the allegation of law on the pleadings and consented to treat the proceedings as one where it was not in issue.  More...

CONTACT

Brisbane

Troy Lewis, Partner & National Head of Construction and Infrastructure
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

Christine Jones, Partner
T: +61 2 8083 0477
E: christine.jones@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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