In the media

Fresh corruption claims emerge developer forced to hire CFMEU employees
Victoria's powerful construction union has been accused of forcing a developer to employ both the brother-in-law and best friend of the union boss in exchange for industrial peace (03 July 2014).  More...

Exploration development incentive boosts greenfields development
The Government has launched the Exploration Development Incentive, which will support junior exploration companies to conduct ‘greenfields’ mineral exploration. The Exploration Development Incentive will assist junior explorers in raising capital from private sector investors through a refundable tax offset (02 July 2014).  More...

Master Builders calls for urgent reform of Right of Entry
Master Builders Australia has called for urgent reform of the right of entry workplace laws to redress the current imbalance which favours unions (27 June 2014). More...

National Infrastructure Australia reforms become law
Parliament has passed the Infrastructure Australia Amendment Bill 2013, enabling Infrastructure Australia operate with enhanced status as an independent statutory authority, governed by an independent Board. The Bill's passage abolishes the role of the Infrastructure Coordinator, and reforms Infrastructure Australia's key functions (26 June 2014).  More...

RSM International: Construction suffers high churn rate
According to a global survey by RSM International, construction was the principal source of business churn in Australia from 2008–2012, with more than 400,000 company births and deaths (27 June 2014).  More...

New dispute resolution tool makes it easier for small businesses
The Government announces small businesses in a dispute are set to benefit from the launch of Dispute Support, a new online dispute resolution information and referral tool (24 June 2014). More...

New South Wales

$500m boost for airport roads
Significant investment in road infrastructure in and around Sydney Airport set to improve traffic congestion and boost NSW economy (30 June 2014). More...

Coal miner takes NSW govt to High Court
A NSW coal company is mounting a constitutional challenge in the High Court to a state law cancelling corruption-tainted exploration licences. NUCOAL Resources, the owner of one of the cancelled licences, claims the law amounts to an act of judicial power by the NSW parliament (26 June 2014). More...

World class metro for global city
Globally operator Hong Kong-based MTR has been selected for Sydney’s North West Rail Link project. The North West Rail Link is the first step in evolving Sydney’s public transport network into a ‘turn up and go’ system (24 June 2014).  More...

Queensland

Government strong plan for Queensland released
Some of the major initiatives included in the latest 6 month plan include release the Queensland State Infrastructure Plan, complete expressions of interest process for the Toowoomba Second Range Crossing project and the ResourcesQ Partnership and Action Plan to better plan for growth in Queensland’s resources sector (06 July 2014).  More...  More...

QLD Building Industry Hails New Dispute Process
Master Builders Association of Queensland executive director Paul Bidwell said a new process which came into force on July 1 under which the Queensland Building and Construction Commission (QBCC) will provide early mediation when disputes arise is a win for all parties involved (01 July 2014). More...

Developer questions Qld Govt infrastructure charges
A Sunshine Coast-based developer says a review of Queensland Government infrastructure charges is needed to encourage development in south-east Queensland (30 June 2014). More...

North-West mine extension for Glencore
Minister for Natural Resources opened the new mine extension investment by Glencore, which will see operations transition from open pit mining to underground shaft mining. The transition to underground shaft mining will see mine operations extended to at least 2026 (25 June 2014). More...

ACIF: Queensland building peaks in 2013-14
ACIF projects the peak in Queensland's construction spending to be reached this year, in 2013-14. As construction of many of the mega projects come to completion in the medium to long term, the state’s income is set to continue on an upward trajectory, resulting from the increased capacity to export coal and gas to international markets (24 June 2014).  More...

Victoria

Experts probe cracking in Latrobe Rd near Yallourn mine
Authorities are still trying to determine what has caused big cracks to develop in a road next to the Yallourn mine. A series of large cracks have developed in the bitumen of the Latrobe Road along the eastern side of the Yallourn open-cut coal mine (01 July 2014). More...

Victoria to tighten major project scrutiny
Victoria's auditor-general says moves to cut waste in major government projects are working, but the level of scrutiny is still falling short, The government has pledged to tighten oversight of major projects, including its multibillion dollar Melbourne Rail Link project and the second stage of the East West Link road project (26 June 2014).  More...

Southbank skyscraper approved by Victorian Government
Construction of the Australia 108 skyscraper at 70 Southbank Boulevard, which will stand 319 metres tall once completed, has been approved by the Victorian Government. The Infrastructure Minister said the building would be the first 100-storey building in the southern hemisphere (26 June 2014).  More...

Practice and courts

Exploration Development Incentive
This will assist junior explorers in raising capital from private sector investors through a refundable tax offset (02 July 2014).  More...  More...

NSW: First Home buyers boost from 01 July 2014
First-time house hunters are now able to buy newly constructed homes valued up to $750,000, and remain eligible for the First Home Owner Grant. The new grant cut off has been boosted by $100,000, as of 1 July 2014.  More...

NSW: Changes to home warranty insurance
The NSW Home Warranty Insurance Fund (HWIF) has updated Fact Sheet 11 Major Builder Eligibility Reviews, to take effect from 1st July 2014.  More...

QBCC: Insurance Premium Table Effective 1 July 2014
Premiums include GST. For multiple dwellings: one premium is payable on each individual residence e.g. round up to next whole value. Divide the total contract value by the number of units to calculate the premium. More...

VIC: Domestic Building Insurance Variation
A variation to the Domestic Building Insurance Ministerial Order will take effect from 1 July 2014. Domestic building work more than $16,000 will require domestic building insurance and will cover costs up to $300,000 to fix structural defects for six years, and non-structural defects for two years (27 June 2014).  More...

VIC: New residential zones and schedules to residential zones
Changes to residential zones in planning schemes have introduced new sitting requirements across Victoria. The new and revised residential zones allow councils more flexibility to vary the sitting controls under Part 4 of the Building Regulations 2006 (the Regulations) (02 July 2014).  More...

Cases

Cornerstone Danks Street v Parkview Constructions [2014] NSWSC 866
BUILDING AND CONSTRUCTION - Adjudication determinations - application for declaration that adjudicator's determination is void - whether adjudicator failed to comply with statutory obligation imposed by s 21(3) of the Building and Construction Industry Security of Payments Act 1999 (NSW) - whether determination void where as at the date by which determination was to be made not all matters in dispute had been decided PROCEDURE - costs - whether to grant indemnity costs where argument of contestable point of law and no relevant delinquency.  More...

Nefiko Pty Ltd v Statewide Form Pty Ltd (No 2)
[2014] NSWSC 840
ADMINISTRATIVE LAW - judicial review - grounds of review - Building and Construction Industry Security of Payment Act 1999 (NSW) - adjudication determination - whether identity of parties to construction contract a jurisdictional fact - whether decision by adjudicator as to identity of contracting parties reviewable for jurisdictional error - distinction between determination of a jurisdictional fact with binding legal effect and the formation of an opinion by an administrative body in relation to a jurisdictional fact - whether denial of natural justice - whether adjudicator took into account all relevant factual matters.  More...

PPK Willoughby v Eighty Eight Construction (No.2)
[2014] NSWSC 839
BUILDING AND CONSTRUCTION - Practice and procedure - application for stay of order that money paid into court for interlocutory relief be paid to defendant - whether to grant application for stay where risk that defendant may become insolvent before final relief granted - whether to grant application for stay where plaintiff considering whether to challenge earlier decision on appeal. PROCEDURE - costs - whether to make an order as to costs in respect of cross-claim where cross-claim essentially defensive - whether to make an order as to costs where issues raised by cross-claim not yet decided – dismissed.  More...

Queensland Building and Construction Commission v Ward & Anor
[2014] QSC 138
PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE SCHEME – where the statutory insurer paid claims in respect of building work carried out by the company which was the building contractor – where the statutory insurer commenced the same proceeding against the building contractor and its director to recover those amounts as a debt pursuant to s 71 and s 111C Queensland Building Services Authority Act 1991 (Qld) – whether the statutory insurer established its claim in debt against the director without first proceeding against the building contractor.  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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