In the media
MBA endorses Government reforms to building safety
regulations
Master Builders Australia (MBA) has endorsed the reforms announced
by the Government to safety regulations applicable in the building
and construction industry. The CEO of Master Builders Australia
said that the reforms will reinforce the primacy of safety on
building sites and lead to better safety outcomes (24 October
2014).
More...
Product non-compliance endemic in construction
industry
The percentage of waste on all construction projects is around 30
per cent, according to experts, and a major contributor is the poor
quality and non-compliant construction products and materials
plaguing the industry, according to the Australasian Procurement
and Construction Council (23 October 2014).
More...
How to achieve compliance for construction products:
APCC releases guide
The Australasian Procurement and Construction Council (APCC) have
launched a new guide to help the building and design industry
better choose construction products that are compliant with the
relevant codes and standards (22 October 2014).
More...
Tenders for apprenticeship support network
opened
The federal government has moved a step closer to implementing its
apprenticeship overhaul, announced as part of its competitiveness
agenda and aimed at increasing completion rates (22 October 2014).
More...
Reforms Reinforce Primacy Of Safety On Building
Sites
Reforms announced by the Government to rebalance and fine-tune
safety regulations in the building and construction industry will
lead to better safety outcomes. The changes to the Government's
Building and Construction Work Health and Safety Accreditation
Scheme will streamline regulatory requirements for builders
with good safety records (22 October 2014).
More...
Green Star - Design & As Built: Creating sustainable
places for everyone
The new Green Star – Design & As Built rating tool will
challenge industry to evolve, innovate and improve. Released
yesterday by the Green Building Council of Australia (GBCA),
"Green Star – Design & As Built represents the most
significant advancement in sustainable design and construction
since the Green Star launch in 2003 (21 October 2014).
More...
Commercial Construction Recovers from GFC
Commercial construction has recovered to the highest level since
the Global Financial Crisis (GFC) according to the latest national
survey of the building and construction industry (21 October 2014).
More...
Construction Suicides Cost Dollars as Well as
Lives
While dollar figures pale in comparison to the impact of lives
lost, suicidal behaviour among construction industry workers costs
around $520 million per year in New South Wales and around $416
million per year in Queensland, according to a new report (14
October 2014).
More...
New South Wales
$148 million local infrastructure renewal scheme set for
third phase
The LIR Scheme encourages councils across NSW to focus on the
maintenance and renewal of important existing infrastructure
assets. The third round of the LIR scheme provides councils with a
3% interest subsidy on bank loans for up to 10 years (15 October
2014). More...
Queensland
Council decision sends positive message to
investors
The Property Council of Australia congratulates Townsville City
Council for being the first local government in the State to commit
to the Fair Value Infrastructure Charges Schedule. Included in the
package of reforms is an option for councils to adopt the lower
Fair Value Infrastructure Charges Schedule in exchange for access
to a new pot of infrastructure funding from the State (15 October
2014).
More...
ACCC to focus on sale of Queensland electricity
assets
Electricity generation assets will be the Australian Competition
and Consumer Commission's focus when the privatisation of
Queensland electricity assets is triggered. The ACCC hopes that the
Queensland government will use this opportunity to establish a
competitive structure when privatising its generation assets (13
October 2014).
More...
Victoria
Mornington, Boroondara, Geelong top pool builders in the
state
As Victoria moves into summer, new figures from the Victorian
Building Authority (VBA) show that 10 municipalities account for
almost half of the swimming pool and spa permits issued in Victoria
in the past year. Having a safety fence or barrier around your
swimming pool or spa is essential for safety (21 October 2014).
More...
VBA reports record $25b building permit activity in
first operational year
The Victorian Building Authority's (VBA) 2013-14 Annual Report
was tabled in Victorian Parliament on 14 October 2014 and shows
that the value of building permits reported reached a record $25.3
billion (14 October 2014).
More...
More...
VBA welcomes new Commissioner
The Victorian Building Authority (VBA) welcomes a new Commissioner
to the Board. Mr Hutcheon joins a Board of seven Commissioners
which is responsible for the governance and strategic management of
the VBA to ensure its effectiveness as a regulator (14 October
2014).
More...
Published – articles, papers, reports
Builders' liability to Owners Corporations: the recent High Court decision NSW Parliamentary Research Service. This e -brief provides a summary of the High Court decision and the stakeholder reaction to it. It also explores the possible relationship between the decision and the amendments to the Home Building Act 1989 which are about to come into force (October 2014). More...
Committee for Economic Development of
Australia
Speech: 'Winning the future: the Australian Government's
infrastructure vision'. Shangri-La Hotel Sydney, NSW, 16
October 2014 - determining Australia's infrastructure needs and
how to address them.
More...
BREE has published on 15 October 2014. More...
Practice and courts
APCC: Procurement of Construction
Products
This includes detailed explanations of the regulatory environment,
the standards and conformance process and bodies, and how to
determine whether a product is fit for purpose. It also lists 12
principles to guide procurers on matters relating to the
conformance of construction products, including ensuring that
evidence of products meeting standards are demonstrated by a
conformity assessment (October 2014).
More...
NSW: Loose fill asbestos insulation
Inquiry
This inquiry is a current Parliamentary inquiry conducted by the
Asbestos Insulation Committee. The inquiry was established on 18
September 2014, to report on loose fill asbestos insulation, also
referred to as 'Mr Fluffy' insulation, in homes in New
South Wales. The Inquiry into Loose fill asbestos insulation closes
31 October.
More...
QBCC: Minister's letter to licensees - legislative
reforms
The letter announces a number of new building industry reforms
relating to licence renewal, early dispute resolution, better
protection for sub-contractors and new minimum financial
requirements for licencing. These changes are part of the ongoing
reforms to the building and construction industry being undertaken
by the QBCC (17 October 2014).
More...
Cases
Queensland Mining Corporation Ltd v Renshaw (No
3)[2014] FCA 1126
COSTS – Where successful plaintiff's breach contributed
to need for recovery proceedings Corporations Act 2001
(Cth), ss 200B, 200J. More...
Eastland Truss & Timber Pty Limited v Matthew John
Byrnes t/as Qualibuilt Constructions [2014] NSWSC 1461
The Summons is dismissed. BUILDING AND CONSTRUCTION - whether
adjudicator complied with obligations under the Building and
Construction Industry Security of Payment Act 1999 in making
determination - whether jurisdictional error Building and
Construction Industry Security of Payment Act 1999. More...
Douglas Aerospace v Indistri Engineering Albury
[2014] NSWSC 1445
Summons dismissed with costs. BUILDING AND CONSTRUCTION -
adjudication applications - whether there was a valid construction
contract between the parties - where name in contract not the same
as name on adjudication application - where invoices issued in a
different name to the name in the construction contract - whether
correct specification of ACN and ABN evidence an intention that the
first defendant be "Contractor" to the construction
contract - whether sufficient to show construction contract between
the parties. BUILDING AND CONSTRUCTION - adjudication applications
- whether first defendant gave plaintiff notice of intention to
seek adjudication of the payment claim - where payment claim sent
by facsimile transmission to facsimile number in contract - where
facsimile transmission number in contract actually for a different
company - where evidence that the plaintiff received s 17(2)(a)
notice - whether sufficient evidence that letter sent to defendant
asking them to no longer utilise the facsimile transmission number
in the contract before notice was sent to that number - whether
failure to give notice under s 17(2)(a) is jurisdictional error -
application of s 17(2)(a) of the Building and Construction
Industry Security of Payment Act 1999 (NSW). BUILDING AND
CONSTRUCTION - adjudication applications - whether adjudication
application served on plaintiff - whether service of adjudication
application is jurisdictional - where respondent could not lodge
adjudication response even if adjudication application were served
- where adjudication application was received - application of s
17(5) of the Building and Construction Industry Security of
Payment Act 1999 (NSW). Building and Construction Industry
Security of Payment Act 1999 (NSW). More...
Patrick Stevedores Operations No. 2 Pty Ltd v
McConnell Dowell Constructors (Aust) Pty Ltd [2014] NSWSC
1413
The first defendant pay the plaintiff's costs. BUILDING AND
CONSTRUCTION - Building and Construction Industry Security of
Payment Act 1999 (NSW) - application for declarations that two
adjudication determinations concerning same payment claim void -
validity of payment claim - whether one-off payment due under
contract after termination a "progress payment" capable
of supporting a payment claim - whether reference date fixed by
contract or s 8(2)(b) - effect of termination before contractual
reference date arises - whether party entitled to withdraw
adjudication application under s 26 and file new adjudication
application - whether jurisdictional error where adjudicator failed
to consider all claims and submissions - whether denial of natural
justice where adjudicator decided matter on basis not put by either
party. Building and Construction Industry Security of Payment
Act 1999 (NSW), ss 4, 8, 9, 13, 21, 22, 26, 26A, 26B;
Interpretation Act 1987 (NSW), s 6. More...
B & W Windows (Aluminium) Pty Ltd v
Marcellos [2014] NSWLC 15
Dismissal of the plaintiff's claim CONTRACTS - assignability -
unenforceable contract - claim in quantum meruit - unlicensed
builder - work performed under supply and install contract -
unlicensed builder sells assets to another - whether claim in
quantum meruit assignable. More...
Legislation
Non-Government
Responsible Mining (Protecting Land, Water and Communities) Bill 2014.
Newcastle Inner-City Rail Corridor Preservation Bill 2014.
Bills passed by both Houses of Parliament
Mine Subsidence Compensation Amendment Bill 2014.
Water Industry Competition Amendment (Review) Bill 2014.
Protection of the Environment Legislation Amendment Bill 2014.
Queensland
Bills
Queensland Building and Construction Commission and Other
Legislation Amendment Bill 2014
Introduced on 7/08/2014; Stage reached: PASSED with amendment on
16/10/2014
Exp Note.
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.