Australia: Inside track: Construction & Infrastructure - In the media, reports, practice and courts, and cases

Last Updated: 5 September 2019
Most Read Contributor in Australia, September 2019

In the media

Calls for improved business cases to inform infrastructure investment
Consult Australia, an association for consulting firms in the built environment sector, has identified ten factors for a successful business case for infrastructure projects. These have been outlined in Consult Australia's Business Case Development in Australia report (23 August 2019). More...

MBA: Transport infrastructure investment will be a boost but construction activity must be fast tracked
Investment in transport infrastructure will help bridge the troubled waters of a declining housing market and softening commercial construction sector but there is little doubt that more needs to be done to fast-track construction activity and ignite economic growth (13 August 2019). More...

Infrastructure critical to city transformation: Audit
The Property Council of Australia welcomed the release of Infrastructure Australia's 2019 Australian Infrastructure Audit and its recognition of the critical infrastructure needs of our growing cities, especially the big four of Sydney, Melbourne, Brisbane and Perth (13 August 2019). More...

Significant building reform' needed to restore insurers' confidence
Insurers won't consider offering unrestricted products in the building industry professional indemnity market until confidence in the sector is restored, Insurance Council of Australia (ICA) says (12 August 2019). More...

New South Wales

Mascot Towers repair bill hits $20m as engineers close in on cause of cracking
Unit owners in Sydney's evacuated Mascot Towers building have learnt the repair bill could blow out to $20 million as construction engineers zero in on what caused the complex to crack (23 August 2019). More...

First modular hospital delivered to remote New South Wales
Wood & Grieve Engineers now part of Stantec (WGE) have shaped the healthcare industry by delivering New South Wales' first modular hospital for the Broken Hill Community Health Centre (23 August 2019). More...

Gas import terminal gets Critical State Significant status
The New South Wales government has declared a terminal for the importation of liquified natural gas (LNG) in Newcastle to be Critical State Significant Infrastructure (19 August 2019). More...

Statement on Barangaroo sight lines resolution
The New South Wales Government has reached a settlement with Lendlease and Crown Resorts regarding the Barangaroo sight lines dispute. Infrastructure NSW has been leading negotiations on behalf of the New South Wales Government since the former Barangaroo Delivery Authority was abolished on 1 July 2019 (19 August 2019). More...

Queensland

Engineering firm walks away from Adani
Aurecon has announced that it would cease working with Adani once its current contract (port operations at its Abbott Point Coal Terminal) winds up in six to nine months, citing the group's commitments to sustainability (20 August 2019) . More...

Solutions to the State's infrastructure needs
The Queensland Government's key independent infrastructure advisor, Building Queensland, has published its 2019 Infrastructure Pipeline Report (21 August 2019). More...

Building watchdog unites with the ATO and ASIC
Queensland's building industry watchdog, the Australian Taxation Office (ATO) and ASIC have joined forces in an educational offensive against illegal phoenixing in the building industry, a practice which causes significant harm to industry members (19 August 2019). More...

Victoria

VBA supports decision to remove residents from apartments
The VBA has supported the decision by the City of Kingston to remove remaining residents from an apartment complex, after the building was deemed no longer safe for occupation. The VBA's Statewide Cladding Audit convened a panel made up of fire safety experts to assess the building (24 August 2019). More...

Victoria national leader on infrastructure management
Victoria is leading the nation in planning and managing infrastructure projects by heading up the development of an Australian Building Information Modelling (BIM) Strategic Framework. The framework will standardise approaches to using BIM in the delivery and operation of major buildings and infrastructure (23 August 2019). More...

VBA: High Court decision on the application of the Mutual Recognition Act 1992
The VBA is disappointed with the outcome of its appeal to the High Court of Australia and its possible ramifications for Victorian consumers. The High Court dismissed the VBA's challenge to a Federal Court decision that precluded the VBA from considering the character of applicants for registration under the Commonwealth Mutual Recognition Act 1992 (12 August 2019). More...

Published - articles, papers, reports

An assessment of Australia's future infrastructure needs
Infrastructure Australia: 13 August 2019
The 2019 audit covers transport, energy, water, telecommunications and – for the first time – social infrastructure, and looks at the major challenges and opportunities facing Australia's infrastructure over the next 15 years and beyond. More...

Community perceptions of Australia's infrastructure
JWS Research; Infrastructure Australia: 13 August 2019
The aim of this research was to ascertain an understanding of community sentiment relating to infrastructure and associated sectors, as well as organisational perceptions and awareness relating to Infrastructure Australia the organisation. More...

Practice and courts

Infrastructure Priority List - Call for submissions
Infrastructure Australia is seeking submissions for the next update of the Infrastructure Priority List (IPL), which will be published in February 2020. Submissions must be received before 31 August 2019. More...

New South Wales

New South Wales Fair Trading: Security of Payment laws start soon
The Building and Construction Industry Security of Payment Amendment Act 2018 (the Amendment Act) and the Building and Construction Industry Security of Payment Amendment Regulation 2019 (the amending Regulation) will commence on 21 October 2019. More...

Queensland

Building Queensland Infrastructure Pipeline Report
The report is presented in two parts. Part 1 –proposals that are unfunded for delivery with a minimum capital cost of $50 million. These are the proposals Building Queensland recommends are further analysed, or are ready for consideration by government. Part 2 – Funded Proposals provides information on the detailed business cases Building Queensland is leading that have funding commitments for delivery from the Queensland Government. View the Infrastructure Pipeline Report 2019 (21 August 2019).

Cases

Grocon Constructors (Vic) Pty Ltd v Dexus Funds Management Limited as Trustee for the Dexus 480Q Trust (No 2) [2019] FCA 1283
PRACTICE AND PROCEDURE – appeals – application for leave to appeal from decision of single judge of the Court – consideration of interlocutory nature of decision not to set aside statutory demand – whether the decision of primary judge was attended by sufficient doubt to warrant reconsideration by Full Court – whether substantial injustice would result if leave were refused, supposing the primary judge's decision to be wrong
CORPORATIONS – appeal from decision not to set aside statutory demand – whether statutory demand should have been set aside rather than varied – whether statutory demand should be set aside on basis that it was issued for a collateral and improper purpose – whether statutory demand was issued as a means of testing solvency of the company – whether testing solvency is a proper use of the statutory demand procedure
Held: Leave to appeal granted

New South Wales

Hurford Hardwood Kempsey Pty Ltd v Kempsey Timbers (Sawmilling) Pty Ltd [2019] NSWSC 1069
CONTRACTS – breach of contract – consequences of breach – right to damages – contract for sale of timber mill – warranty about volume of unprocessed stock – provision for adjustment of purchase price if volume less than warranted – whether contract varied to postpone date on which such adjustment to be made – what volume of unprocessed stock was present – purchaser to assume liability for long service leave entitlements of mill employees – asserted understatement of those liabilities – whether vendor agreed to account for the difference – agreement that vendor had access to information on server at the mill after completion – where effective access to that server denied for a week – whether vendor thereby suffered damage

BH Australia Constructions Pty Ltd v Kapeller [2019] NSWSC 1086
CONTRACT – wholly written contract – dispute as to identity of builder to perform residential building – whether regard may be had to post-contractual conduct – where contract identified one company as builder but gave another company's licence and insurance details – parties taken to have agreed to a contract which was lawful and enforceable.

Harris for and on behalf of the estate of Harris and Harris v Rapisarda [2019] NSWSC 1088
ESTOPPEL – Anshun estoppel – where proprietors commenced earlier proceedings against builder alleging defective workmanship – where defendant architects prepared the building contract and supervised builder's work but were not joined in earlier proceedings – where earlier proceedings referred out and referee's report adopted – where proprietors do not in these proceedings seek findings inconsistent with those of referee in earlier proceedings – whether unreasonable for proprietors not to have joined architects in the earlier proceedings so that they are now estopped from bringing these proceedings CIVIL PROCEDURE – pleadings – striking out – abuse of process

Queensland

Sanrus Pty Ltd & Ors v Monto Coal 2 Pty Ltd & Ors [2019] QCA 160
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – INTERFERENCE WITH DISCRETION OF COURT BELOW – PARTICULAR CASES – CONTROL OVER PROCEEDINGS – ADMISSION OF EVIDENCE – where the appeal concerns a decision made during the course of a long, complex and ongoing trial – where the appellants as plaintiffs sought, but failed to obtain, leave from the trial judge to adduce new expert evidence – where the trial concerns complaints made by a junior joint venture partner about the conduct of a senior joint venture partner in relation to decisions made in the course of performing a joint venture for the exploitation of a coal deposit – where a pre-trial case management regime imposed deadlines on the parties for filing and serving expert reports, and on experts from each side to attend joint conclaves – where that regime did not provide the appellants a right to submit expert evidence in reply but did provide them an opportunity to contest the respondents' expert evidence through the provision of joint reports resulting from joint conclaves of experts – where the evidence sought to be adduced rebuts evidence from two of the respondents' experts and does not reveal any new case – where the appellants' prosecution of the case has warranted strong criticism – whether the trial judge's assessment of the relevant likely prejudice to the respondents was incorrect in principle – whether the trial judge erred by not granting leave to rely on additional expert evidence at trial – whether the Court of Appeal should re-exercise the discretion by allowing the appellants to tender the additional expert evidence

Victoria

Re Eliana Construction and Developing Group Pty Ltd (No 2) [2019] VSC 546
CORPORATIONS – Appeal from decision of associate justice finding that payment of debt by an associated company of the debtor to the creditor constituted an unfair preference payment to the creditor – Consideration of circumstances where a debt of company A paid by company B constitutes a preference payment received by the creditor – Consideration of what constitutes a payment made by or received from the debtor – Consideration of whether creditor received payment in good faith – Held no unfair preference – Held good faith defence established – Appeal allowed – Sections 9, 588FA, 588FE, 588FF and 588FG of the Corporations Act 2001 (Cth) – Re Evolvebuilt Pty Ltd [2017] NSWSC 901 applied.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions