In the media
Why construction standards need to be free
Standards for Australia's construction industry should
be free to access to help combat poor building quality, according
to many people in the industry. For years, experts have said that
cost and lack of access to the hundreds of standards contained in
Australia's National Construction Code has been a problem (06
Australia 2019).
More...
Productivity Commission to review resources sector
regulation
Streamlining regulation in the resources sector will be
the focus of a 12-month review by the Productivity Commission. The
Productivity Commission will look at best-practice examples of
regulation that removes unnecessary costs for business, while
maintaining sound oversight (05 September 2019).
More...
Apartments could be the crack in the housing market
recovery
Evacuations, cracking, flammable cladding — the
apartment market has been plagued by damaging, high-profile
problems this year. So could it be the thorn in the side of the
emerging property market pick-up (05 September 2019).
More...
Building crisis: we need an injection of good
evidence
Rectifying an information and evidence shortfall in the
now widely cited building and construction crisis needs to be an
important part of improving policy making and regulation (05
September 2019).
More...
Construction recession deepens and spreads across all
sectors
Construction work fell by a far sharper than expected 3.8
per cent in the second quarter and, more worryingly, work completed
fell across all sectors and in all states and territories (28
August 2019).
More...
New South Wales
Sydney Modern Takes another step forward
Premier Gladys Berejiklian and Minister for the Arts Don
Harwin today announced that Richard Crookes Constructions has been
selected as the contractor to build the Art Gallery of New South
Wales' Sydney Modern Project, which remains firmly on track to
be delivered within its $344 million budget (01 September 2019).
More...
Opal Tower builder Icon put aside $1 million for
building defects but has spent $24 million so far
Construction giant Icon claims it has spent $24 million
since the evacuation of its cracked Opal Tower skyscraper, despite
putting only $1 million aside as a "provision for
defects" (28 August 2019).
More...
Queensland
Concrete poured onto Sunshine Coast beach after truck
gets bogged in sand
A Sunshine Coast business defends its decision to dump
concrete on a beach north of Noosa, as the Department of
Environment launches an investigation into the matter (28 August
2019).
More...
Master Builder Qld: Queensland buildings more than they
are cracked up to be
We have the benefit, nationally, of one of the best
Building Codes in the world. And unlike other states and
territories, in Queensland we are fortunate to already have a
comprehensive system of regulation for building work. Combine the
two and it means that Queenslanders should be confident in the
quality and safety of our buildings (27 August 2019).
More...
Victoria
World's best builders compete to build North East
Link
Three consortiums featuring the world's leading
construction companies have been shortlisted to build the North
East Link's twin road tunnels. The three shortlisted consortia
include some of the biggest construction firms in Australia and
around the world (01 September 2019).
More...
Engineers Australia welcomes compulsory registration of
engineers
Engineers Australia has welcomed the passage of the
Professional Engineers Registration Bill 2019 through the Victorian
Parliament, saying it will result in higher levels of community
safety (29 August 2019).
More...
Published- articles, papers, reports
Innovation in infrastructure: barriers and opportunities
to unlock innovation for a better future
Consult Australia: 03 September 2019
Governments across Australia are facing increasing pressure to
deliver fit for purpose infrastructure on time and on budget. This
report demonstrates a consensus amongst clients, consultants and
contractors in Australia that innovation in infrastructure design
and delivery is possible. More...
Infrastructure pipeline report: August 2019
Building Queensland: 26 August 2019
Queensland's growing and ageing population, coupled with ageing
infrastructure assets and increased risks of extreme weather are
just some of the challenges being addressed by the proposals in
this report. More...
Cases
New South Wales
White Constructions Pty Ltd v PBS Holdings Pty
Ltd [2019] NSWSC
1166
BUILDING AND CONSTRUCTION LAW – CONTRACT –
DAMAGES – Contract to design a sewerage system for a
subdivision and submit it for approval – alleged breach
consisting of failure to create and submit a design acceptable to
the approval authority allegedly having the effect of delaying
completion of the subdivision – whether breach established
– whether damages established – programming experts
called on question of delay – appropriate method of delay
analysis – requirement to have regard to evidence –
requirement for the plaintiff to establish damages. HELD – no
breach established – damages not established.
Queensland
J.Mac Constructions Pty Ltd v Queensland Building and
Construction Commission [2019] QCAT
249
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION
– costs – interpretation of the Queensland Building
and Construction Commission Act 1991 (Qld) – meaning of
'for the benefit of a creditor'
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT – costs
– Queensland Civil and Administrative Tribunal Act
2009 (Qld) – s 100 – s 102
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– COSTS – Queensland Civil and Administrative
Tribunal Act 2009 (Qld) – s 100 – s 102
Professional Engineers and Other Legislation Amendment Act
2014 Qld
Queensland Building and Construction Commission Act 1991
Qld s 56AC
Queensland Building and Construction Commission and Other
Legislation Amendment Act 2014 Qld
Queensland Civil and Administrative Tribunal Act 2009 Qld
s 32, s 100, s 102, s 102(3)(a), s 102(3)(b), s 102(3)(c), s
102(3)(d), s 102(3)(e), s 102(3)(f), s 107(1)
Sanrus Pty Ltd & Ors v Monto Coal 2 Pty Ltd &
Ors (No 5) [2019] QSC
210
EVIDENCE – ADMISSIBILITY – OPINION EVIDENCE
– EXPERT OPINION – GENERALLY – where the
plaintiffs sought to adduce expert evidence in the form of a report
from an expert in rail and other infrastructure as it relates to
the development of a mine – where the defendants objected to
extensive parts of the reports produced by the expert and some
portions of the joint expert reports he was responsible for –
where the bases of the objections included that the matters
contained in the report are not properly the subject of expert
opinion, that the expert is not adequately qualified to make the
impugned statements and that the opinions stated are not based
wholly or substantially on the expert's expertise –
whether the objections to the expert reports should be upheld
Victoria
United Commercial v PHHH [2019] VSCA
192
PRACTICE AND PROCEDURE – Security for costs –
Delay – Significance of delay absent evidence of prejudice
– PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48
applied.
PHHH Investments No 2 Pty Ltd engaged United Commercial to carry
out construction work at that property in 2016. In 2017 there was
litigation in this Court between United Commercial and PHHH under
the Building and Construction Industry Security of Payment Act
2002 - agree that the amount of such security be the sum of
$85,000 specified by Whelan JA.
Mirvac Victoria Pty Ltd v Liszka & Anor; Mirvac
Victoria Pty Ltd v Pahor [2019] VSC
561
ADMINISTRATIVE LAW – Appeal from decision of
Victorian Civil and Administrative Tribunal – Whether
Tribunal failed to give proper and adequate reasons for decision -
Bellgrove v Eldridge – Whether application of Bellgrove v
Eldridge measure of damages correct where claimant is subsequent
owner not contracting party - Leave to Appeal granted –
Appealed dismissed – Victorian Civil and Administrative
Tribunal Act 1998 (Vic), s 148, Domestic Building
Contracts Act 1995 (Vic), s 8, 9.
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.
