In the media
Immediate financial support for bushfire affected
communities
The Australian Government will provide an initial and
immediate base payment of $1 million to 42 of the most severely
bushfire impacted councils in New South Wales, Victoria, South
Australia and Queensland to help quickly rebuild vital
infrastructure and strengthen community resilience (09 January
2020).
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Walkerston Bypass gets priority nod from Infrastructure
Australia
Infrastructure Australia has announced, the Queensland
Government's Peak Downs Highway Realignment Project (Walkerston
Bypass) will be added to the Infrastructure Priority List (08
January 2020).
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RICS: ICMS 2 will impact life-cycle cost analysis for
constructed assets
The second edition of the International Construction
Measurement Standards will have a significant impact on life-cycle
cost analysis for constructed assets (03 January 2020).
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PIA endorse national position statement planning in a
changing climate
The Planning Institute of Australia commitment sees PIA
adopt a target of net zero embodied carbon in all new buildings and
net zero operational carbon in all buildings, including existing
buildings, by 2050 (18 December 2019). More...
Leading a new benchmark for building
sustainability
New standards to drive the next wave of sustainability in
buildings have been unveiled for public consultation as part of an
evolution of the world-leading Green Star rating system (17
December 2019).
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The need for a construction supply chain council
What we also know is that this boom is like no other
because it is projected to continue well past the next decade. But
one question that industry is asking itself is whether the
industry's supply chain has the capacity to provide all of the
essential materials, products, and systems when the construction
contractors need them (17 December 2019).
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MBA: Solid lending figures indicate brightening housing
outlook for 2020
The number of owner occupier loans relating to new homes
reached a 14-month high during October (17 December 2019).
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Calls for national reinsurance scheme fall on deaf
ears
The Building Ministers' Forum concluded with an
agreement to follow up on the professional indemnity insurance
crisis but did not take up the Victorian Government's call for
a national reinsurance scheme (16 December 2019).
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NSW
$1 billion to rebuild bushfire impacted communities in
NSW
The NSW Government will provide $1 billion over the next
two years to rebuild communities affected by the bushfires. The
additional funding will prioritise the repair and rebuilding of
vital infrastructure, such as roads, rail-lines, bridges, schools,
health facilities and communications facilities, which have been
damaged or destroyed by bushfires (09 January 2020).
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Young Mining prosecution launched
The NSW Resources Regulator is alleging that Young Mining
failed to comply with a condition of its mining authorisation in
relation to the payment of rehabilitation security and failed to
comply with a statutory notice issued under the Act (07 January
2020).
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Yarraville residents above tunnel project take legal
action over 'losses'
Almost 60 Yarraville residents and landowners who will
have a tunnel dug beneath their properties for a new toll road are
claiming compensation totalling $4 million from the Andrews
government (23 December 2019).
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Busting congestion on NSW Central Coast
A congestion-busting $70 million agreement landed between
the Morrison Government and the Central Coast Council will mean 29
Urban Congestion Fund projects will soon be underway across the
region (20 December 2019).
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Contract awarded for Sydney football stadium
The NSW Government has awarded a $735 million contract to
John Holland for delivery of the new Sydney Football Stadium, which
will be complete in time for the 2022 NRL Grand Final.
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First metro tunnel under Sydney Harbour is
completed
The first metro railway tunnel to be built deep under
Sydney Harbour has been completed in an historic milestone for
Sydney's public transport (11 December 2019).
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Queensland
Works underway for multimillion-dollar Tully multi-use
sporting complex
The $7.1 million Tully Multi-Use Sporting Complex project
is taking shape, with construction having kicked off for the
project's 600-capacity grandstand (08 January 2020).
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Gold Coast council bows to public pressure and reduces
future building heights in Palm Beach
Jefferson Lane residents celebrate a victory after the
Gold Coast council bows to public pressure and reduces Palm Beach
building heights (13 December 2019).
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Funds flow for Urannah Dam proposal
The 1.6 million megalitre dam proposal will now undergo a
detailed business case and environmental impact statement. The $10
million in National Water Infrastructure Development Funds will go
to Bowen Collinsville Enterprise for their assessment of the
project (13 December 2019).
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Victoria
Docklands' Central Pier shut indefinitely over
safety fears as businesses plan to sue
Development Victoria confirms it will not reopen the
100-year-old structure, which was suddenly shut in late August due
to public safety concerns, as businesses say they will sue for
negligence (03 January 2020).
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The timing's awful': Building supplier folds
just before Christmas, leaving hundreds without jobs
A Melbourne-based business group which employs workers
across Sydney, Brisbane, Perth and Adelaide goes into
administration, leaving 400 people without jobs a week out from
Christmas (17 December 2019).
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Practice and courts
Green Building Council of Australia (GBCA) draft
credits
GBCA have introduced eight categories to more accessibly
define a building's sustainability. Within these categories
there are a number of draft credits that all buildings seeking a
Green Star rating are expected to comply with: these are proposed
as new Minimum Expectations for every Green Star rated building.
Feedback is invited until the end of February 2020. Visitherefor more information
Queensland
QBCC: Safer Buildings program enters final stage
The QBCC is administering the three-part Safer Buildings
program to understand the extent of combustible cladding use in
Queensland's private buildings. The Safer Buildings program has
advanced considerably with Part 3 of the combustible cladding
checklist now underway. The deadline for building owners to
finalise the Part 3 assessment is 3 May 2021. For more information
on the Safer Buildings program, visit here.
MBA Qld: Additional annual reporting for Category 4-7
contractors
The QBCC recently communicated with all Category 4 –
7 licence holders requesting an additional annual financial report.
The additional report you submit must be based on FY18/19 financial
data. Submission dates have closed.
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HPW: Building and Plumbing Newsflashes
No 562: Building Industry Reforms (Stage 2) - commenced 17 December
2018
To advise that the next stage of security of payment
reforms in relation to progress payments, adjudication and
subcontractors' charges (chapters 3 to5) and new retention
requirements (section 278) commenced on 17 December 2018 (17
December 2019).
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Cases
NSW
Canterbury-Bankstown Council v Payce Communities Pty
Limited [2019] NSWSC
1803
BUILDING AND CONSTRUCTION – Building and
Construction Industry Security of Payment Act 1999 (NSW) –
adjudication determination – whether to set aside
determination – whether determination void – whether
relevant payment claim related to more than one construction
contract – whether legislation does not apply by virtue of
exclusion in section 7(2)(c) of legislation – whether
legislation does not apply to relevant contracts because
consideration payable was to be calculated otherwise than with
reference to the value of the relevant work – whether denial
of natural justice because adjudicator determined application on
basis advanced by neither party – whether failure to give
adequate reasons – whether any requirement that reasons be
adequate – requirements of section 22(3) of legislation
considered.
Penrith City Council v Dincel Construction System Pty
Limited and Gaonor Pty Limited (OSSM case)
[2019] NSWLEC 198
CIVIL ENFORCEMENT – unlawful installation and
construction of an On-Site Sewage Management System in
contravention of conditions of an approval granted under the Local
Government Act 1993 (NSW) – unlawful continual operation of
On-Site Sewage Management System in contravention of conditions of
an approval granted under the Local Government Act 1993 (NSW)
– whether appropriate to grant declaratory and consequential
injunctive relief by consent – relief granted
Queensland
State
Gas Limited v Dome Petroleum Resources PLC
[2019] QCA 307
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND
– OTHER MATTERS – STRIKE OUT – where the
applicant (the respondent to the appeal) applied to have the appeal
proceedings struck out on the basis that there was no arguable
error on the part of the primary judge, and that to require the
applicant to meet the appeal would be oppressive – where the
applicant and the respondent (the appellant in the appeal) entered
into a Joint Operating Agreement to explore for, develop, produce
and dispose of petroleum in an area covered by a petroleum lease
– where the respondent's Participating Interest in the
joint venture fell below 20 per cent and became mandatorily
purchasable by the applicant under the Joint Operating Agreement
– where the applicant sought to enforce the purchase of the
respondent's remaining Participating Interest – where, at
trial, the primary judge declared, inter alia, that the Joint
Operating Agreement was valid and enforceable and that the
applicant purchased the respondent's Participating Interest
under it – where the primary judge ordered that the
respondent specifically perform the Joint Operating Agreement to
effect a transfer to the applicant of its Participating Interest
– where the respondent appealed that decision – whether
the appeal proceedings should be struck out.
McConnell
Dowell Constructors (Aust) Pty Ltd v Cardno (Qld) Pty Ltd &
Anor [2019] QSC
320
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – CASE MANAGEMENT – GENERALLY – TRIAL
– MODE OF TRIAL – ASSESSOR, SPECIAL REFEREE ETC –
SEPARATE DECISION OR DETERMINATION OF QUESTIONS AND CONSOLIDATION
OF PROCEEDINGS – SEPARATE DECISION OR DETERMINATION –
where the plaintiff has brought claims in excess of $300 million
against the first and second defendants in relation to work each
undertook on the design of elements of the Gold Coast Light Rail
project, which the plaintiff alleges it relied upon prior to
submitting its bid to design and construct the project –
where the proceeding is of considerable scope, complexity and
importance to the parties – where the plaintiff applies to
refer some questions of fact to a referee – where the
application is opposed by the defendants – whether a referral
would assist in achieving the just and expeditious resolution of
the real issues in the proceeding at a minimum expense -Uniform
Civil Procedure Rules 1999 Qld r 5, r 367, r 501, r 502, r 503, r
504, r 505, r 505A, r 505B, r 505C, r 505D
Queensland
Building and Construction Commission & Ors v Ezra Constructions
Pty Ltd & Ors [2019] QCA
304
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION
– INTERPRETATION ACTS AND PROVISIONS – PRESERVATION OF
RIGHTS, LIABILITIES AND LEGAL PROCEEDINGS ON AMENDMENT, REPEAL,
LAPSING ETC OF ACT OR PROVISION – ACCRUED RIGHT, PRIVILEGES
AND LIABILITIES – where the third respondent was a director
of the second respondent and an influential person of the first
respondent – where each respondent held a building licence
under the Queensland Building and Construction Commission Act
– where the third respondent was a director of another
company, which did not perform building work and was placed into
voluntary administration in 2014 – where that event made the
third respondent an excluded person under the Act and therefore
made each respondent's licence susceptible to cancellation by
the appellant commission – where the commission issued
notices to the respondents in 2018, beginning the process by which
the respondents' licences could be cancelled – where
amendments made to the relevant act in 2015, if they applied, would
not have categorised the third respondent as an excluded person,
thereby immunising the respondents' licences against
susceptibility to cancellation – where those amendments also
repealed the right of a person to apply to be categorised as a
permitted person, which could have been a process by which the
respondents avoided the risk of licence cancellation – where
the amending act contained transitional provision relating to
rights and liabilities accrued under the Act prior to its amendment
– whether the third respondent's status as an excluded
person was preserved – whether the third respondent's
purportedly accrued right to apply for categorisation as a
permitted person was preserved – whether the notices under
the Act were validly issued
Queensland Building and Construction Commission Act 1991 Qld s
56AC, s 56AD, s 56AF, s 56AG; Queensland Building and Construction
Commission and Other Legislation Amendment Act 2014 Qld s 57, s 58,
s 59
Associated
Equipment Pty Ltd v Evolution Piling Pty Ltd (in liq) &
Ors [2019] QDC 249
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
where the third defendant caused his company to enter into a
written hire agreement for equipment – where the third
defendant undertook to guarantee performance – where the
hirer ceased to pay the hire rates – where the plaintiff sues
the third defendant on the guarantee for unpaid hire payments
– whether the plaintiff had title to the equipment hired at
the time of the hire agreement – whether any obligation to
pay the hire rates arose – whether the hire agreement was a
sham.
TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – MISLEADING OR DECEPTIVE CONDUCT – where the third defendant issued a signed tax invoice on behalf of his company disclosing a taxable supply of certain equipment to a third party – where the third defendant's company never had title to the some of the equipment and where title did not pass to the third party for the remaining equipment – where the third defendant knew that the tax invoice was being used by the third party to obtain funds from the plaintiff as lender or buyer – whether issuing the tax invoice was misleading or deceptive conduct by impliedly representing that title to the equipment had passed to the third party – whether the plaintiff relied upon the tax invoice in purchasing the equipment from the third party – whether the plaintiff suffered loss or damage as a result of reliance upon the tax invoice. Australian Consumer Law 2011 Cth s 18, s 236; Sale of Goods Act 1896 Qld s 20, s 21
Groupline Constructions Pty Ltdv Queensland Building and
Construction Commission & Anor [ 2019]
QSC 311
ORDER: I will hear the parties as to the form of orders
and costs.
Applicant open builder's licence with the first respondent,
Queensland Building and Construction Commission (QBCC). The sole
director of the applicant is David Scott Widdicombe. Pursuant to
this contract, the applicant is required to complete the works by
12 June 2020, failing which it is required to pay liquidated
damages. Compliance of that building work with the National
Construction Code, the Building Code of Australia and other
relevant standards, legislation and regulations. Complaints from
the Kirra Vista Body Corporate regarding damage to the building as
a result of the applicant's activities
Civmec
Electrical & Instrumental Pty Ltd v Southern Cross Electrical
Engineering Limited & Ors [2019] QSC
300
CONTRACTS – BUILDING, ENGINEERING AND RELATED
CONTRACTS – REMUNERATION – STATUTORY REGULATION OF
ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS –
ADJUDICATION OF PAYMENT CLAIMS – where the applicant
challenges the adjudicator's decision for jurisdictional error
– where the adjudicator did not have regard to submissions
made by the applicant in the adjudication response which he decided
were outside the reasons given in the payment schedule –
whether it was within the adjudicator's jurisdiction to decide
whether the submissions were properly made
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT
CLAIMS – where the applicant challenges the adjudicator's
decision for jurisdictional error – whether the adjudicator
should have considered the pre-adjudication correspondence between
the parties to give context to the reasons in the payment schedule
for withholding payment
Building Industry Fairness (Security of Payment) Act 2017 Qld s 76,
s 82, s 85, s 86, s 88, s 101
Legislation
Queensland
Queensland Building and Construction Commission and Other
Legislation Amendment Regulation 2019
(Qld)
13/12/2019 - This Regulation is made under the Queensland
Building and Construction Commission Act 1991 and Building Industry
Fairness (Security of Payment) Act 2017. The objective of the
Regulation is to correct minor errors and omissions that have been
identified in the Queensland Building and Construction Commission
Regulation 2018 and the Building Industry Fairness (Security of
Payment) Regulation 2018.
More...
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
