In the media – National
MBA: Budget Boost for Housing
New economic modelling commissioned by Master Builders
Australia forecasts that the $75 billion infrastructure and
housing affordability measures announced in the Budget will deliver
a substantial 41% boost to the supply and affordability of housing
(19 May 2017).
More...
More offshore areas available for oil and gas
exploration as price crunch hits east coast
The Federal Government releases new acreage for offshore
oil and gas exploration offshore which include areas in old Bass
Strait production regions (18 May 2017).
More...
Federal Budget Will Help Drive 30% Rise in Public
Infrastructure Construction: BIS
The 2017-18 Federal Budget will help deliver a strong
boost to Australia's $80 billion civil construction
market, offsetting further declines in resources-related work,
according to BIS Oxford Economics (BIS) civil
construction report, Engineering Construction in Australia 2017
– 2031 (15 May 2017).
More...
Developers welcome Budget's $70 billion
infrastructure measures
The federal government's new measures to build more
infrastructure and make housing more affordable have been welcomed
by the development sector. Under the new measures outlined in the
2017-18 Budget released on 9th May, the federal government has
allocated $1 billion for critical infrastructure and $70 billion
for transport infrastructure (May 2017).
More...
In the media – NSW
Tender open to bring water and jobs to Broken Hill
Broken Hill is one step closer to a secure water future,
with short-listed providers today invited to bid for the historic
project. The four shortlisted Australian based consortia are Downer
Spiecapag Joint Venture, John Holland Joint Venture, McConnell
Dowell, and UGL/Veolia (19 May 2017).
More...
Fixing Country Rail applications open
The New South Wales Government has announced applications
for round one of the Fixing Country Rail program are now open. The
$150 million for round one is part of the $400 million New South
Wales Restart commitment to deliver a highly functional transport
network across the state for moving freight in and out of regional
areas (15 May 2017).
More...
North Sydney's transport plan revealed
North Sydney Council has released its new draft
North Sydney Transport Strategy (NSTS) for public exhibition
and feedback. The document's importance is underscored by big
New South Wales government transport projects such as Sydney Metro,
the Northern Beaches B-Line and Westconnex (May 2017).
More...
Department welcomes Auditor-General report into mine
rehabilitation
An audit report on mine rehabilitation released today by
the NSW Auditor-General has been welcomed by the Department of
Planning and Environment, with work already underway that addresses
some of the recommendations (11 May 2017).
More...
We've pleaded guilty as charged: Coal mine CEO
A mining wastewater dam collapse that sent an
"avalanche" of coal reject and slurry into Blue Mountains
National Park was a "disaster waiting to happen", the
environment court hears (08 May 2017).
More...
In the media – Queensland
Queensland Government offers Adani mining group a
'royalties holiday' that could cost state $320
million
The Queensland Government is offering Indian mining
company Adani a "royalties holiday" worth hundreds of
millions of dollars for its massive Carmichael coal mine in the
state's north (18 May 2017).
More...
Works begin on transforming the Bruce from Caloundra to
Sunshine Motorway
First sod turned on the $929.3 million Caloundra to
Sunshine Motorway upgrade. Over 40,000 motorists estimated to
use the Sunshine Motorway interchange and the Caloundra Road
interchange daily. Upgrade will feature Australia's first
Diamond Interchange (18 May 2017).
More...
Extra $220M package to assist Queenslanders bounce back
from TC Debbie
The Palaszczuk Government has proposed it and the
Turnbull Government jointly fund a $220 million package to provide
additional assistance for communities, businesses, industries and
the environment following the devastation of Tropical Cyclone
Debbie and severe flooding (11 May 2017).
More...
In the media – Victoria
Victoria must lock in location for second port
The Property Council welcomed reports that Infrastructure
Victoria has advised the Victorian Government that the location for
the future second container port should be in western Victoria
("Bay West"). The Property Council looks forward to the
Government releasing the advice (18 May 2017).
More...
John Holland to deliver North West Program
Alliance
John Holland has been awarded a $170M contract to remove
two level crossings in Melbourne in alliance with Kellogg Brown
Root (KBR) (16 May 2017).
More...
Published
Regions 2030—Unlocking Opportunity
This report outlines the Government's investments,
achievements and future direction for rural, regional and remote
Australia across five key areas: jobs and economic development;
infrastructure; health; education; and communications. To view a
copy of Regions 2030—Unlocking Opportunity, visit regional.gov.au/regions2030
(18 May 2017).
Practice and courts
Better Mine Rehabilitation for Queensland
The Queensland Government is proposing a new policy for
mine rehabilitation outlined in a discussion paper,
Better Mine Rehabilitation for Queensland.
The proposed rehabilitation policy is a key component of an
integrated mined land management framework, which also includes six
delivery elements. Read the
Better Mine Rehabilitation for Queensland discussion paper and
complete
the survey or provide a submission by 15 June 2017.
Victoria
VBA: Building Interim Regulations 2017
The Building Interim Regulations 2017 come into
operation on 4 June 2017, replacing the Building
Regulations 2006 in substantially the same form. Minor
amendments have been made to update references to legislation,
planning schemes, government departments, the National Construction
Code, and Australian Standards, and to reflect current drafting
practice (19 May 2017).
More...
Building Regulations Sunset Review
DELWP has released the proposed Building Regulations
2017 for consultation. Have your say on the proposed
Regulations until 5pm 18 July 2017. More...
Cases
Colin R Price Associates Pty Ltd v Four Oaks Pty
Ltd [2017] FCAFC
75
TRADE PRACTICES – unconscionable conduct –
director of unit holder under significant financial and emotional
pressure – where document in effect required unitholder to
give up its right to share in the proceeds of the project to pay
for cost overruns – whether finding of unconscionable conduct
should have been made – whether a claim of accessorial
liability was sufficiently made and pressed – whether
appropriate to make findings of accessorial liability on
appeal.
TRADE PRACTICES – misleading or deceptive conduct –
alleged representation that builder would be paid the cost of all
materials and labour plus a margin of 15% – whether finding
of misleading or deceptive conduct should have been made.
TRUSTS AND TRUSTEES – unit trust for property development
project – whether claims against other beneficiaries
sufficiently pleaded – whether beneficiary may bring
proceedings in its own right – avoiding a multiplicity of
proceedings – proper operation of s 22 of the Federal
Court of Australia Act 1976 (Cth) – whether orders
should have been made against all respondents – whether there
was sufficient evidence of an amount paid by the trustee –
whether any such amount was a proper payment for the purposes of
the trust.
CORPORATIONS – agency – authority of single director
to bind a company which has more than one director – whether
finding that director did not have implied or ostensible authority
should have been made.
PRACTICE AND PROCEDURE – evidence – whether it was
appropriate to permit the parties to adduce further evidence after
judgment on separate questions.
Australian Building and Construction Commissioner v
Construction, Forestry, Mining and Energy Union (Perth
Children's' Hospital Contraventions Case)
[2017] FCA 491
INDUSTRIAL LAW – admitted contraventions of ss 340,
346 and 348 of the Fair Work Act 2009 (Cth) – where
respondents engaged in blockade of site and strike action –
assessment of penalties – factors considered - Building
and Construction Industry Improvement Act 2005 (Cth).
Port Macquarie-Hastings Council v Diveva Pty
Limited [2017] NSWCA 97
CONTRACTS – contract between Council and successful
tenderer - proper construction of option DAMAGES –
calculation of damages for breach of contract – assessment of
damages for loss of chance to renew the contract –
future-looking damages - contract for the for the supply and laying
of asphalt.
Civil Mining Construction Pty Ltd v Wiggins Island Coal Export
Terminal Pty Ltd [2017] QSC
085
CONTRACTS – BUILDING ENGINEERING AND RELATED
CONTRACTS – THE CONTRACT – CONSTRUCTION OF PARTICULAR
CONTRACTS AND IMPLIED CONDITIONS – VARIATIONS – where
the plaintiff was a Queensland-based construction company –
where the defendant was involved in the business of constructing
coal and export facilities – where the plaintiff was a
contractor of the defendant – where the plaintiff and
defendant entered into a bulk earthworks contract for a package of
construction works – where the plaintiff engaged
subcontractors to carry out certain construction works –
where variations and directions affected the contract works –
where practical completion was delayed – where the contract
works were varied – whether the plaintiff was overpaid as a
result of variations and delay to the contract works.
CONTRACTS – BUILDING ENGINEERING AND RELATED CONTRACTS
– THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS
AND IMPLIED CONDITIONS – SETTLEMENT OF DISPUTES – where
dispute arose in relation to a bulk earthworks project –
where certain claims were already the subject of statutory
adjudication process – whether the plaintiff was required to
repay the defendant any amount that the defendant already paid to
the plaintiff – where the defendant counterclaimed.
CONTRACTS – BUILDING ENGINEERING AND RELATED CONTRACTS
– THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS
AND IMPLIED CONDITIONS – DETERMINATION OF COSTS where
variations and directions affected the contract works – where
the defendant counterclaimed – where the defendant alleged
overpayments to the plaintiff under the contract works –
where the defendant claimed liquidated damages – whether
terms of contractual construction entitle the plaintiff to
additional payments for delay – whether the plaintiff was
entitled to additional payments for variations to the contract
works – whether the defendant was entitled to claw back any
amounts already paid under the contract.
CONTRACTS – BUILDING ENGINEERING AND RELATED CONTRACTS
– PERFORMANCE OF WORK – GENERAL – where
variations and directions affected the contract works – where
the contract works were ultimately different to those contemplated
under the contract– where the contract works were varied
– whether the plaintiff was entitled to amounts already paid
for works which the plaintiff did not complete – whether the
plaintiff was entitled to additional amounts to those initially
contemplated under the contract - whether the defendant was
entitled to claw back any amounts already paid under the contract
as a result of the variations.
CONTRACTS – BUILDING ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – CERTIFICATES – FINALITY OF
CERTIFICATE - Construction and effect of final certificates issued
under General Conditions of AS2124 – where the parties issued
its final certificate, obliging the plaintiff to pay the defendant
$12,269,507.88 with respect to its claimed progress payment —
where the defendant claims the amount of the final certificate less
the items otherwise the subject of these proceedings – where
the plaintiff served notice of dispute under contract with respect
to final certificate – whether the plaintiff was overpaid
under the contract as a result of amounts re-valued in the final
certificate.
CONTRACTS – BUILDING ENGINEERING AND RELATED CONTRACTS
– REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO
AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT
CLAIMS – where adjudication decision made in favour of the
plaintiff under Building and Construction Industry Payments Act
2004 (Qld) — whether the defendant is entitled to
recover amounts the plaintiff successfully claimed through
statutory adjudication.
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.
