In the media

Infrastructure metric shows investment slump
The Australian Infrastructure Metric report for the quarter to June was released in September and shows that despite a rally in the quarter, Australia saw a 35% slump in public infrastructure investment in 2012/13 compared to the previous financial year (03 October 2013).  More...

Leighton denies culture of corruption and cover-ups
Former Leighton Holdings' chief executive has denied claims he was aware of bribery and fraud allegations made against the building giant. Mr King's comments came as Leighton Holdings said it was "deeply concerned" about bribery and fraud allegations made against the firm (03 October 2013).  More...

ACCC reauthorises concrete cartage allocation system in Perth
The ACCC has allowed Holcim (Australia) Pty Ltd to continue to operate its concrete cartage allocation system. The system ensures that no individual truck receives more or less work than Holcim's Perth fleet average (within five per cent) (02 October 2013).  More...

Housing boom’ spells end to rate cuts: HSBC
Amid talk of a housing 'bubble', capital city housing values rose by 3.7 per cent in the third quarter of the year to take prices to a record high. Capital city house prices rose by 1.6 per cent in September and by 3.7 per cent in the third quarter, resting at 5.5 per cent higher for the year (02 October 2013). More...

Lend Lease Top the Construction 100 List for 2012/13
Cordell Information and the Housing Industry Association releases the Housing Industry Association - Cordell Construction 100 for 2012/13. The report presents in-depth analysis of the engineering construction and non-residential building sectors and profiles the largest 100 companies operating in these sectors (26 September 2013).  More...

QBCA: New Green Star rulings to slash certification costs
Improvements to the Green Star rating tools operated by the Green Building Council of Australia (GBCA) have the potential to slash the cost of Green Star certification by as much as $50,000, according to the QBCA (25 September 2013).  More...

NSW the happening state for new housing
The number of new houses approved in NSW continues to track at the highest levels in nine years, with approval rates continuing to rise in NSW despite falling nationally, according to data released by the ABS (02 October 2013).  More...

WestConnex to unleash productivity and urban renewal
Australia’s largest infrastructure project has taken an exciting step forward with the NSW Government approving the business case for WestConnex (25 September 2013).  More...

Demolition plan for Southport Hospital
The Newman Government will demolish the Southport Hospital and sell the CBD land for development. Comprising approximately 3.5 hectares, the vacant hospital land will be a catalyst site for Southport and falls within the newly declared Southport Priority Development Area (04 October 2013).  More...

Gateway Upgrade North – Preferred Plan
Work on the Gateway Upgrade North project has been fast tracked, with designs now available online and early works due to begin in late 2014.To view the preferred plan for the Gateway Upgrade North project visit www.tmr.qld.gov.au (search for projects Gateway Upgrade North) (01 October 2013).  More...

Commonwealth Games milestone
The Economic Development Queensland (EDQ) takes possession of the Gold Coast Parklands, for the redevelopment of the Parklands as the athletes’ village for the 2018 Commonwealth Games. The Parklands demolition contract has been awarded to Caylamax Demolitions Pty Ltd and these works are expected start on site this week (01 October 2013).  More...

Sale of Brisbane Clem7 Tunnel announced
More than two years after it was placed in receivership, Brisbane's Clem7 tunnel has been sold to Queensland Motorways for $618 million - a fraction of the $3 billion it cost to build. The sale is seen as a barometer for likely interest in Sydney's Cross City Tunnel which was placed in receivership two weeks ago (28 September 2013).  More...

Court finds CFMEU and official instigated strike on Heidelberg site in FWBC case
Fair Work Building & Construction (FWBC) has secured a $15,000 penalty against the CFMEU and its official, Bill Beattie, for directing two workers to strike on the Florey Neuroscience Institute within the Austin Hospital site at Heidelberg, Victoria (03 October 2013).  More...

Construction giants shortlisted to deliver East West Link
Premier Dr Denis Napthine and Treasurer Michael O’Brien today announced the shortlist of consortia vying to deliver the East West Link, with global and Australian construction giants in the race to build the landmark project (30 September 2013).  More...

Simonds Group Claims Mantle of Victoria’s Largest Builder
Simonds Group claimed the top position on Victoria’s largest builders list for 2012/13, according to the latest HIA-COLORBOND steel Housing 100 Report. Building across Victoria, NSW, Queensland and South Australia, Simonds Group also retained its ranking of fifth among the nation’s largest home builders (25 September 2013).  More...

Published – articles, papers, reports

Engineering Construction Activity, Australia, June 2013
Author: Australian Bureau of Statistics
The trend estimate for the value of total engineering construction work done fell 1.6%and the seasonally adjusted estimate for the value of total engineering construction work done fell 0.5% to $30,524.0m. The trend estimate for the value of work done for the private sector fell 2.0%,  and the seasonally adjusted estimate for the value of work done for the private sector fell 1.2% to 22,829.3m (02 October 2013).  More...

Building Approvals, Australia, August 2013: ABS
Author: Australian Bureau of Statistics
Building Approvals show that the total number of private sector house approvals rose 0.6 per cent. Dwelling approvals increased in August in the Australian Capital Territory (2.3 per cent), Northern Territory (1.3 per cent), Western Australia (1.3 per cent), NSW (1.1 per cent), South Australia (0.9 per cent), Tasmania (0.7 per cent) and Queensland (0.1 per cent) but decreased in Victoria (-1.7 per cent) in trend terms (02 October 2013). More...

Review of the Home Building Act 1989: Position Paper
Author: NSW Government
This Position Paper presents the NSW Government’s key proposed reforms to the Home Building Act 1989 (the Act) (September 2013).  More...

Priorities for Infrastructure in Australia
Speech: ISCA Chairman on 23 September 2013
The author discusses the prospect for our Nation's infrastructure in a global context. This article was produced by Engineers Australia and featured in their September 2013 publication.  More...

In practice and courts

Forthcoming Conferences

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...

Cases

The Owners - Strata Plan No 61288 v Brookfield Australia Investments Ltd [2013] NSWCA 317
BUILDING AND CONSTRUCTION - builder's duty to subsequent owner - latent defects in common property - duty to owners' corporation of commercial premises.  STATUTORY INTERPRETATION - scope of duty of care under common law - responsibility of builder of commercial building - significance of statutory warranties with respect to residential building work.  TORTS - negligence - claim for pure economic loss - duty of care for latent defects in commercial premises - liability to owners' corporation with respect to common property - vulnerability as necessary element of duty.  Civil Liability Act 2002 (NSW), ss 5B, 5C; Part 1A; Home Building Act 1989 (NSW), ss 3, 18A, 18B, 18C, 18D, 18G; Pt 2C; Home Building Regulation 1997 (NSW), cll 5, 6. More...

Mackay Labour Hire Pty Ltd v J.M. Kelly (Project Builders) Pty Ltd [2013] QDC 230
CONTRACTS – BUILDING AND CONSTRUCTION – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – where the applicant supplied labour to the respondent building company – where the applicant invoiced the respondent for the labour supplied – where payment is outstanding – where the applicant did not hold a licence under the Queensland Building Services Authority Act 1991 (Qld) – whether the applicant carried out building work. – whether the applicant was required to hold a licence.  CONTRACTS – BUILDING AND CONSTRUCTION –STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – where invoices styled as payment claims under the Building and Construction Industry Payments Act 2004 (Qld) were sent to the post office box address for the respondent – whether the applicant or some other entity served the claims - whether the applicant’s payment claims were served on the correct corporate entity – whether summary judgment should be entered - whether the applicant failed to comply with the statutory preconditions to recovery – whether the reference date for the entitlement to serve payment claims was established.  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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