In the media – National
Major construction on road to recovery
The latest Australian Industry Group/Australian Constructors
Association Construction Outlook survey released recently has
reported some positive news for the engineering and construction
industry (29 June 2017).
More...
CFMEU warns it will slow down Victorian
projects
The CFMEU has threatened to disrupt major Victorian government
projects as tens of thousands of workers rallied around the country
to protest proposed building laws, stating people might have to
wait for Skyrail longer than they think because they need the
cooperation of the construction unions to finish all this stuff on
time (20 June 2017).
More...
In the media – Victoria
Victoria's $1.4b infrastructure win
Victoria has won its $1.4 billion with Canberra over its reward for
selling the Port of Melbourne lease, with money now flowing to
regional rail upgrades. The mammoth project will revamp the
Ballarat and Gippsland lines and provide small upgrades to six
other regional lines (28 June 2017). More...
Construction momentum continues in Victoria as Aurecon
and Jacobs West Gate Tunnel design gets the go-ahead
The Victorian Government and Transurban's recent announcement
naming the CPB Contractors and John Holland consortium, together
with global engineering and infrastructure firms Aurecon and Jacobs
in joint venture, as the preferred contractors to design and build
the multibillion dollar West Gate Tunnel ensures Victoria's
construction momentum will continue (27 June 2017).
More...
VicRoads responds to VAGO audit findings
The Victorian Auditor General has tabled his report, Maintaining
State Controlled Roadways, examining how VicRoads maintains the
arterial road network. The report looks at VicRoads' historical
approach to maintaining roads, concluding that there were
shortcomings in planning and prioritising investment, managing data
and measuring performance under the approach that is now being
phased out (26 June 2017).
More...
Is Victoria's new domestic building dispute
resolution service a game changer?
Building approvals, at least in Victoria, have been strong, the
crane index has remained high and although economic storm clouds
are gathering momentum, there seemed to be nothing to explain the
uncharacteristic plummet in domestic building dispute instructions
for members of the legal fraternity (26 June 2017).
More...
In the media – New South Wales
SafeWork announces construction industry safety
crackdown
SafeWork New South Wales has today announced a safety crackdown on
the construction industry, following a recent spike in serious
injuries to workers on Sydney building sites (28 June 2017).
More...
$12.1 billion public transport budget
A staggering $12.1 billion is budgeted for public transport
infrastructure and services so the New South Wales Government can
continue to deliver transformational mega projects, boost services,
and provide the best experience for commuters (29 June 2017).
More...
CPB Contractors wins $2.81 billion Sydney Metro
works
CPB Contractors, with its joint venture partners, has been selected
to deliver a new metro railway crossing deep under the world-famous
Sydney Harbour. The New South Wales Government today awarded a
$2.81 billion contract to deliver twin 15.5km tunnels and
associated civil works on Stage 2 of the Sydney Metro project
– Australia's biggest public transport project (26 June
2017).
More...
In the media – Queensland
Cairns Port prepares for the arrival of thirty storey
high wind turbines
Eight cargo vessels containing enormous blades, wind towers and
more than 450 components for Queensland's largest wind farm
project, RATCH Australia's Mount Emerald Wind Farm, will soon
transit through the Port of Cairns in a boost to local economies
(29 June 2017).
More...
Construction begins on Australia's tallest timber
tower
Construction has begun on Impact Investment Group's 25 King
development, set to become Australia's tallest cross-laminated
timber building and one of the tallest in the world (22 June 2017).
More...
$400 million works for Queensland program to continue to
create regional jobs
Regional Queensland has been delivered a major budget windfall with
an extra $200 million over two years allocated to councils through
the Palaszczuk Government's successful Works for Queensland
Program. Current projects in construction range from roadworks to
upgrading parks and playgrounds and even delivering renewable
energy infrastructure (19 June 2017).
More...
Published
The Economic (non)viability of the Adani Galilee Basin
Project
The Australia Institute; Professor John Quiggin, School of
Economics, University of Queensland: 29 June 2017 As the Adani
mine proposal becomes a central issue in Australian politics, Prof
John Quiggin looks in detail at the economic (non)viability of the
mine, which has driven the company's appeals for subsidies and
government support.
More...
New South Wales Budget 2017-18: Budget paper no. 2 -
infrastructure statement
New South Wales Treasury: 20 June 2017
Budget Paper No. 2 Infrastructure Statement provides information on
the Government's infrastructure investment program.
More...
Practice and courts
New South Wales
Strata building bond scheme now commences 1 January
2018
The new strata building bond and inspection scheme will now
commence on 1 January 2018. It was originally scheduled to commence
on 1 July 2017 (23 June 2017).
More...
New application form: initial fire safety
report
Fire and Rescue New South Wales has updated the application form
for an initial fire safety report (20 June 2017).
More...
New BASIX energy targets
On 1 July, new Building Sustainability Index
(BASIX) energy targets will come into effect, as
part of the government's initiative to reduce energy use and
greenhouse gas emissions. For more detailed information, view the
frequently asked questions. To find out more about BASIX or
apply for a BASIX certificate, visit the BASIX
website.
Queensland
QBCC: Certifier legislative obligations
Certifiers must meet their legislative obligations by providing
mandatory documentation to Queensland Fire & Emergency Services
(30 June 2017).
More...
Queensland Master Builders: Queensland's new
planning system
New planning legislation set to replace the Sustainable
Planning Act 2009 comes into effect from 3 July 2017. Benefits
for builders and contractors - QMB have outlined some changes that
have been made to the existing legislation and planning system, and
the resulting benefits (02 June 2017).
More...
Victoria
Proposed Building Regulations 2017
The Victorian Government is now undertaking public consultation on
the proposed Building Regulations 2017 (the proposed
Regulations) (30 June 2017).
More...
Refined requirements for owner-builder
applications
The key change is the VBA will now accept construction induction
cards issued by interstate regulators as set out in WorkSafe
Victoria's Guidance Notes (26 June 2017).
More...
Cases
Australian Building and Construction Commissioner v Communications,
Electrical, Electronic, Energy, Information, Postal, Plumbing and
Allied Services Union of Australia [2017] FCA
704
INDUSTRIAL LAW – whether threats made with the intent of
coercing entry into an enterprise agreement – whether
contravention of s 343(1) of the Fair Work Act 2009 (Cth);
Evidence Act 1995 (Cth), s 140; Fair Work Act
2009 (Cth), ss 343(1), 363 and 793.
Watpac Constructions (NSW) Pty Limited v Charter Hall Funds
Management Limited [2017] NSWSC 865
BUILDING AND CONSTRUCTION – validity of payment claim –
object and application of the Building and Construction
Industry Security of Payment Act 1999 (NSW), s 13 –
where construction work identifiable – where there was an
available reference date – BUILDING AND CONSTRUCTION –
whether estoppel defence available – where plaintiff did not
influence defendant's understanding or actions – BUILDING
AND CONSTRUCTION – CONSUMER LAW – whether misleading
and deceptive conduct defence available – where plaintiff did
not influence defendant's understanding or actions.
Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd
[2017] NSWCA 151
BUILDING AND CONSTRUCTION – subcontract for renovation works
– payment claim under Building and Construction Industry
Security of Payment Act 1999 (NSW) – where variations
directed by principal after Date for Practical Completion –
where Date of Practical Completion 114 days late – where
principal sought to reduce payment claim to nil by way of set-off
based on liquidated damages claim for delayed completion.
ADMINISTRATIVE LAW – procedural fairness – where
adjudicator rejected liquidated damages claim – whether
adjudicator applied prevention principle – whether
application of prevention principle denial of procedural fairness.
Building and Construction Industry Security of Payment Act
1999 (NSW).
Imerva Corporation Pty Ltd v Kuna [2017] VSCA
168
BUILDING AND CONSTRUCTION – Major domestic building contract
– Whether progress payments governed by schedule in contract
or by schedule prescribed by the Domestic Building Contracts
Act 1995 – Statute permits parties to depart from
prescribed schedule where parties agree and 'do so in the
manner set out in the regulations' –Regulations require
warning of change to legal rights to be signed by building owner
– Requirement has objective of consumer protection –
Signature must demonstrate clearly that owners understand effect on
legal rights – Initials at foot of page insufficient –
Estoppel unavailable to preclude owners from relying on
builders' contravention – Tudor Developments Pty Ltd
v Makeig [2008] NSWCA 263; (2008) 72 NSWLR 624 considered
– R v Moore; ex parte Myers (1884) 10 VLR 322,
Campbell v DPP (Cth) [1995] VicRp 82; [1995] 2 VR 654,
Waugh v Kippen [1986] HCA 12; (1986) 160 CLR 156,
Nelson v Nelson (1995) 184 CLR 538 discussed – Re
Brunswick NL; Blossomtree Pty Ltd v Brunswick NL (1990) 2
ACSR 625 distinguished – Domestic Building Contracts Act
1995 ss 40, 132, 133 – Domestic Building Contracts
Regulations 2007 regs 12(a) and (b), Forms 1 and 2 –
Leave to appeal granted – Appeal dismissed.
Colonial Range v CES-Queen (BAB4 - Protection Works) [2017]
VSC 317
JUDICIAL REVIEW – Appeal from the Building Appeals Board
– Certiorari sought to quash Building Appeals Board
determinations upholding a Building Surveyor's determinations
under s 87 of the Building Act 1993 in relation to
protection works proposals – Jurisdictional error –
Remitter sought under s 149(1) of Building Act 1993
– Protection works notices under s 84 of the Building Act
1993, invalidated by reason of an earlier notice under s 84
being in train – Error as a consequence of a misconception by
the Building Surveyor of his statutory function –
Building Regulations 2006 – Building Regulation 607
– Failure by the Building Appeals Board to seriously consider
submissions – Alternatively failure to give adequate reasons
for rejection of submissions.
John Holland Pty Ltd v Chidambara [2017] WASC
179
Construction contracts - Adjudication determination - Procedural
fairness - Determination on basis not contended for by either party
- Unreasonable or irrational decision - Determination on basis of
contract in different terms from that on which application based -
Whether money paid pursuant to determination should be repaid when
determination quashed; Construction Contracts Act 2004
(WA), s 15, s 25, s 32, s 38, s 39, s 42, s 43, s 45.
CPB Contractors Pty Ltd v JKC Australia LNG Pty Ltd [No 2]
[2017] WASCA 123
Building and construction - Provision for performance bonds - Party
entitled to have recourse to performance bonds to recover amounts
that are payable by other party - Whether recourse not permitted
when other party disputes that it is obliged to pay the amount -
Proper construction of contract - Whether injunction should be
granted restraining recourse. Under the terms of the Subcontract
the subcontractor was obliged to procure performance bonds in
favour of the contractor in total amounts of about $26.1 million,
that being 10% of the Subcontract price.
Legislation - Queensland
Building and Construction Legislation (Non-conforming Building
Products - Chain of Responsibility and Other Matters) Amendment
Bill 2017
Introduced on 25/05/2017 Stage reached: Referred to Committee on
25/05/2017 – the Bill will require designers, manufacturers,
importers, suppliers and installers to ensure building products are
safe and fit for purpose; The Bill will seek to amend the
Queensland Building and Construction Commission Act 1991
to enable QBCC to inspect sites, take samples for testing and
direct rectifications. Provisions within the Bill will place
additional duties on building supply chain participants and widen
grounds for the QBCC to take disciplinary action against a
licensee. The Government aims to have the legislation in effect by
the end of the year.
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.
