In the media
Opal Tower builder Icon claims victory in $42m stoush
over costs
Icon has claimed victory over the $42 million it has spent
to date on rehousing, relocating and providing services to Opal
Tower tenants after the federal court found insurers Liberty Mutual
and QBE should share those costs under the builder's
third-party liability insurance policies (11 November 2020).
More...
Waste that will be radioactive for years currently stuck
in Australian hospital basements
A roundtable at Parliament House involving medical experts
has been told the establishment of a National Radioactive Waste
Management Facility is essential to ensure that Australia can
continue to provide world class nuclear medicine treatment (09
November 2020).
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Are signs of stability emerging in construction
markets?
The steep fall in construction activity seen earlier in
2020 eased significantly in the last quarter, despite ongoing
economic uncertainty, according to our latest Global Construction
Monitor (05 November 2020).
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ACIF forecasts released reveal that construction
industry still being hammered by COVID downturn
The ACIF forecasts released reveal that COVID-19 and the
measures that have been taken to control its spread, have sent the
message to hold or defer many new building projects (05 November
2020).
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New home deposit guarantee will help first home
buyers
The HIA welcomes the news that banks will start accepting
loan applications for the New Home Guarantee under the First Home
Loan Deposit Scheme. The release of new fact sheets that outline
the price caps, the time to take up the guarantee and the time to
build, will help first home buyers move into a new home (03
November 2020).
More...
Loans for construction of a new home set new
record
The number of loans for the construction of a new dwelling
increased by 27.1 per cent in the month of September 2020, to the
highest result since the ABS commenced collection of this data in
2002, stated HIA's Chief Economist, Tim Reardon. The ABS also
released its building approvals data, which is a more lagged
indicator of future building work (02 November 2020).
More...
Victoria
Corio builder convicted for carrying out plumbing work
unlicensed
The Victorian Building Authority (VBA) has successfully
prosecuted a Victorian man for breaching the Building Act 1993,
fined $1000 and ordered to pay costs in the Geelong
Magistrates' Court for working as a plumber without being
registered(13 November 2020).
More...
Victorians urged to prepare their homes for fire
season
The Victorian Building Authority (VBA) wants Victorians to
take the necessary steps now to make sure they are protected from
bushfires. The VBA's State Building Surveyor Andrew Cialini
said Victoria is one of the most bushfire-prone areas in the world,
so it is important to make sure you prepare your home early (10
November 2020).
More...
City Deal delivering for Geelong
The Geelong City Deal is delivering for Victoria's
second largest city and the Great Ocean Road region, with the first
annual report highlighting strong progress in the first year of the
10-year deal (07 November 2020).
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Changes to the issuing of building permits
New rules coming into effect on 1 December 2020 require
building surveyors to check whether the name of a builder and any
partnership they are, under changes to Section 24A of the Building
Act (04 November 2020).
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New South Wales
$693 million contract awarded for Inland Rail
construction between Narrabri and North Star
The communities of North West New South Wales are another
step closer to realising the transformational benefits of Inland
Rail and hundreds of local jobs with joint-venture Trans4m Rail
announced as the constructor for 171km of upgraded rail track (11
November 2020).
More...
World first real-time silica detector helps clear the air
The New South Wales Government has launched a trial of world-first technology to accurately monitor silica dust levels in the air that has the potential to protect NSW's workers from contracting the deadly lung disease silicosis (10 November 2020). More...
Energy superpower plan to turbocharge renewable energy
zones and pumped hydro
More than 9000 jobs and $32 billion of private investment
is expected to roll into the regions by 2030, under the NSW
Government's Electricity Infrastructure Roadmap (09 November
2020).
More...
Green light for hundreds of school projects
A building blitz of up to 1000 projects is about to start
in hundreds of public schools as part of the new $120 million Metro
Renewal Program announced. The program will provide a government
co-contribution of between 50 to 80 per cent for metro school
capital improvement projects (09 November 2020).
More...
Construction starts on first Pinch Point Program
project
Construction has started on a new northbound lane on
Devlin Street between Victoria and Blaxland roads in Ryde that will
bust congestion for local motorists. The Devlin Street project is
the first of 11 projects being delivered through the Pinch Point
Program across Sydney, to get people home sooner and safer. (06
November 2020).
More...
Registration of engineers in New South Wales
developments
The New South Wales Government expects to start public
consultation on the draft Regulations after 16 November 2020.
However, the New South Wales Government has advised that it will
limit application of the Act to engineers working on Class 2
apartments only and to extend it to the whole building sector over
time (03 November 2020).
More...
New mandatory standards for building certification
The NSW Government has released a comprehensive practice
standard that outlines how building certifiers must undertake their
role to ensure compliance with the law (02 November 2020).
More...
More cash to fix local roads, boosts jobs in
regions
More regional communities are set to benefit from the
Australian and New South Wales governments' commitment to
improving local roads and create thousands of local jobs in the
regions, with Round 2 of the accelerated Fixing Local Roads program
opening (02 November 2020).
More...
Queensland
Builders and buyers hungry for HomeBuilder extension as
grant continues to feed demand
The latest regional building approvals figures confirm
HomeBuilder is continuing to feed demand for new homes – but
builders and buyers are still being starved of an extension to the
grant, vital to bolstering the industry into 2021 (11 November
2020).
More...
Rookwood Weir to get underway
The $352.2 million Rookwood Weir is moving ahead, with the
co-signing of a funding agreement with the Queensland Government
(11 November 2020).
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Hailstorm catastrophe losses rise to $300 million
Insurance losses from October's Queensland hailstorms
have risen to $300 million as claims continue to be lodged from the
event, the Insurance Council of Australia says (09 November 2020).
More...
Practice and courts
Adoption of NCC 2022 to be delayed
The delayed adoption will also see adjustments to key
dates in the amendment cycle process for NCC 2022 to allow
stakeholders time to participate. These adjusted dates
include:
May – July 2021: NCC 2022 Public Comment Draft released for
public consultation
May 2022: NCC 2022 Preview published at ncc.abcb.gov.au
If you have any questions regarding the delayed adoption of NCC
2022, please submit an
online enquiry.
New South Wales
Four mining compliance priorities
The Resources Regulator has published its
July - December 2020 Compliance priorities document which sets
out the key compliance priorities for the next six months.
Publishing this document serves to increase transparency, community
and industry confidence in regulatory activities and increase
levels of voluntary compliance.
Queensland
Master Builders Qld: What you need to know about
QLeave
QLeave helps building and construction workers in
Queensland get the long service leave they've earned (04
November 2020).
More...
Business Queensland: Housing construction works for
tradies
The $100 million Works for Tradies is a vital part of
Queensland's Economic Recovery Strategy: Unite and Recover for
Queensland Jobs, to help the State recover from COVID-19.
This investment will see construction commence on more than 215 new
social homes, supporting approximately 240 jobs in the construction
sector. To keep informed of any tender opportunities from Housing
Construction Works for Tradies, register on QTenders
(October 2020).
Changes to payment laws – updated 05 November
2020
The?
Building Industry Fairness (Security of Payment) and other
Legislation Amendment Act 2020
(BIFOLA) introduces some important changes to these payment
laws to increase payment protections for contractors. Provisions
due to commence in 2021 are now outlined
here.
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
click here.
Cases
Victoria
BCS Infrastructure Support Pty Ltd v Jones Lang Lasalle
(NSW) Pty Ltd [2020] VSC
739
BUILDING CONTRACTS — Trial — Application for
judgment after principal failed to provide payment schedule
—Whether contract was a construction contract under the Act
— Whether payment claim was served in accordance with the Act
— Whether payment claim was served in accordance with the
contract — Whether payment claim was served in accordance
with s 13A of the Electronic Transactions Act 2000 (Vic) —
Whether the payment claim was served when it was available to the
defendant or when the defendant became aware of it — Whether
payment schedule was served within the prescribed time under the
Act — Whether payment schedule was valid under s 15 of the
Act — Building and Construction Industry Security of Payment
Act 2002 (Vic) ss 4, 5, 15, 16 and 50 — J & D Rigging Pty
Ltd v Agripower Australia Ltd (2013) 1 Qd R 562, applied —
Aquatec-Maxcon Pty Ltd v Barwon Region Water Authority [2006] VSC
117, applied — Australian Gaslight (1940) 14 LGR (NSW) 126,
applied — Metacorp Australia Pty Ltd v Andeco Construction
Group Pty Ltd (2010) 30 VR 141, applied — Hickory
Developments Pty Ltd v Schiavello (Vic) Pty Ltd [2009] VSC 156;
(2009) 26 VR 112, applied — Amasya Enterprises Pty Ltd v Asta
Developments (Aust) Pty Ltd (No 2) [2015] VSC 500, applied —
Brookhollow Pty Ltd v R & R Consultants Pty Ltd [2006] NSWSC 1,
applied — Howship Holdings Pty Ltd v Leslie (2010) 30 VR 141,
applied — Falgat Constructions Pty Ltd v Equity Australia
Corporation Pty Ltd [2006] NSWCA 259, applied — Taylor
Projects Group Pty Ltd v Brick Dept Pty Ltd [2005] NSWSC 439,
applied — Vannella Pty Ltd atf Capital Family Trust v TFM
Epping Land Pty Ltd [2019] NSWSC 1379, applied — Style Timber
Floor Pty Ltd v Krivosudsky [2019] NSWCA 171; (2019) 100 NSWLR 133,
applied — Façade Designs International Pty Ltd v
Yuanda Vic Pty Ltd [2020] VSC 570, applied — Protectavale Pty
Ltd v K2K Pty Ltd [2008] FCA 1248, applied — Multiplex
Constructions Pty Ltd v Luikens [2003] NSWSC 1140, applied —
Façade Treatment Engineering Pty Ltd (in liq) v Brookfield
Multiplex Constructions Pty Ltd [2016] VSCA 247, applied —
Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA)
Pty Ltd [2007] QSC 333, applied — Leighton v Arogen [2012]
NSWSC 1323, applied — Denham Constructions Pty Ltd v Islamic
Republic of Pakistan (No 2) (2016) 311 FLR 187, applied -—
Barclay Mowlem v Tesrol Walsh Bay [2004] NSWSC 1232, applied
— T & T Building Pty Ltd v GMW Group Pty Ltd [2010] QSC
211, applied.
Re Building Engineering Pty Ltd
[2020] VSC 727
CORPORATIONS – Corporations Act 2001 (Cth), ss 459G,
459H and 459J – Application to set aside a statutory demand
– Claims by subcontractor under several construction
contracts –Interpretation of provisions in contract relating
to variations open to argument – Genuine dispute established
for some invoices but alleged disputes in respect to other invoices
not established – Malec Holdings Pty Ltd v Scotts Agencies
Pty Ltd (in liq) [2015] VSCA 330.
CORPORATIONS – Application to set aside a statutory demand
– 21 day affidavit annexed document with narrative describing
grounds of alleged disputes and claims – Whether defendant
'fairly notified' of grounds – Graywinter Properties
Pty Ltd v Gas & Fuel Corp Superannuation Fund [1996] FCA 822;
(1996) 21 ACSR 581.
CORPORATIONS – Application to set aside a statutory demand
– Admissibility of evidence – Plaintiff's
director's evidence predominantly hearsay –
Britten-Norman Pty Ltd v Analysis & Technology Australia Pty
Ltd [2013] NSWCA 344; (2013) 85 NSWLR 601 applied.
Building Engineering contends that is has disputes of various kinds
in respect of 58 invoices issued under several construction
contracts. The Demand claims that Building Engineering is indebted
to Metweld for a total of $184,166.06.
New South Wales
Cadia Holdings Pty Ltd v Downer EDI Mining Pty
Ltd [2020] NSWSC
1588
BUILDING AND CONSTRUCTION – whether adjudication
determination under the Building and Construction Industry Security
of Payment Act 1999 should be quashed – the mining exception
in the Act – whether contract between the parties was a
construction contract – whether work called for by contract
was for tunnelling or boring or the constructing of underground
words for the purpose of extraction of minerals – whether any
work called for under the contract was construction work BUILDING
AND CONSTRUCTION – whether adjudication determination under
the Building and Construction Industry Security of Payment Act 1989
should be quashed – reference dates – whether payment
claim served before a reference date arose – whether there
was an available reference date
Queensland
Queensland
Building and Construction Commission & Anor v Groupline
Constructions Pty Ltd [2020] QCA
245
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION
– GENERAL APPROACHES TO INTERPRETATION – GENERAL
MATTERS CONSTRAINED BY REFERENCE TO SPECIFIC – where the
first appellant purported to impose seven conditions on the
building licence held by the respondent pursuant to its general
power to impose conditions – where the first appellant had a
specific power to direct a licensee to remedy damage caused by or
as a consequence of defective or incomplete building work and the
second appellant had a specific power to compel a person to stop
work if satisfied something was being done in contravention of a
provision of certain Acts – where requirements attached to
the exercise of each specific power that did not attach to the
exercise of the general power – where the first appellant did
not comply with those requirements when imposing the conditions
pursuant to its general power – where the conditions
effectively required the respondent to remedy damage and stop work
– whether the imposition of the conditions was a valid
exercise by the first appellant of its general power
Acts Interpretation Act 1954 Qld s 14A; Queensland Building and
Construction Commission Act 1991 Qld s 3, s 31, s 34, s 35, s 36, s
48, s 49A, s 72, s 72A, s 74B, s 108AD, s 108AI
Rolleston
Coal Holdings Pty Ltd v ICRA Rolleston Pty Ltd
[2020] QSC 331
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS
– INTERLOCUTORY INJUNCTIONS – RELEVANT CONSIDERATIONS
– where there is a dispute between the majority and a
minority participant in a mining joint venture – where the
plaintiff contends the defendant has failed to pay cash calls
issued to it under the joint venture agreement, the purpose of
which is to provide funds for operating expenditure, and seeks to
enforce its rights under the joint venture agreement and an
associated deed of cross charge in respect of the default –
where the defendant counterclaims, alleging some of the cash call
notices are invalid and that the plaintiff has breached both the
joint venture agreement and the associated sales agency agreement,
principally by failing to sell the budgeted tonnages of coal
produced by the mine, causing the defendant loss and damage, being
the amount by which sale proceeds have declined – where the
defendant seeks an interlocutory injunction restraining the
plaintiff from taking any further action in relation to default
notices issued in relation to the cash calls, and from enforcing
its rights under the cross charge, until trial – whether the
defendant has established a prima facie case – whether the
balance of convenience supports the interlocutory relief claimed
– consideration of relevant factors including that this is
the second application for interlocutory relief by the defendant,
that the defendant seeks to restrain the exercise of rights under
the deed of cross charge in the absence of any offer of payment
into court of the amount of the unpaid cash calls and whether the
proffered undertaking as to damages is of real value
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.