In the media
Infrastructure Australia calls for a renewed commitment
to infrastructure reform
Infrastructure Australia, the nation's independent
infrastructure advisor, has called on Australia's governments
to renew their commitment to infrastructure reform in a new report
on what has been achieved since the release of the Australian
Infrastructure Plan in February 2016 (25 June 2018).
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Landmark ruling: CFMMEU official to feel sting of
penalties for breaking the law; union penalty almost doubled
In a significant decision, the Full Federal Court
confirmed it will order a CFMMEU official to personally pay his
penalty for breaking the law, without seeking or receiving
financial assistance from the union (25 June 2018).
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Helping regions be ready for inland rail
The Liberal and Nationals Government has announced the
development of a strategic planning tool to support the Melbourne
to Brisbane Inland Rail, led by the Regional Australia Institute
(RAI) (20 June 2018).
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New South Wales
Watpac awarded Hornsby Ku-ring-gai Hospital Stage 2 and
Medical Imaging building project
Watpac Limited ('Watpac' or
'Group') announced it has been appointed
to deliver the main building works contract which forms a
significant part of the overall $200 million Hornsby Ku-ring-gai
Hospital Stage 2 and Medical Imaging building project for Health
Infrastructure, on behalf of the New South Wales Government (27
June 2018).
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$3 billion for game-changing Sydney-Parramatta Metro
West project
The NSW Government is pushing ahead with the Western
Metro, reserving an initial $3 billion for the game changing
project and investing $28 million in NSW Budget 2018 to accelerate
the completion of the final business case to get on with the next
stage (27 June 2018).
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Queensland
Trad turns trend on infrastructure funding
The 2018-19 Queensland Budget has delivered a welcome
focus on infrastructure, with Treasurer Jackie Trad turning around
the trend decline in infrastructure funding with more than $29
billion dedicated to road, rail, school, and hospital projects over
the next four years (27 June 2018).
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Giant water battery gets conditional approval for $500m
loan
A solar farm in far north Queensland receives conditional
approval for a $500 million loan to build and integrate a pumped
hydro storage facility to provide "reliable energy" to
the country at peak demand (23 June 2018).
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Adani groundwater plan 'protects itself'
Adani's blueprint to protect groundwater in the
Queensland Galilee Basin from its $16.5 billion coal mine is
primarily designed to protect the company from prosecution, an
expert says (20 June 2018).
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Budget delivers more record transport spending for Far
North Queensland
The Palaszczuk Government is delivering $253.3 million of
road infrastructure in 2018-19 alone for Far North Queensland (19
June 2018).
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Victoria
Victorian Opposition reveals new plans for controversial
East West Link
The Victorian Opposition announces plans to resurrect the
East West Link road project, putting forward two design options to
link the Eastern Freeway with Citylink, but voters won't know
the exact route until after the November election (28 June 2018).
More...
Victoria's $14.7 billion record engineering
construction
The Andrews Labor Government's record infrastructure
investment has seen Victoria's engineering construction
activity soar 48.7 per cent in the past year, and 19.2 per cent
across the March quarter – the highest in the nation
(27 June 2018).
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In practice and courts
Queensland
Building Queensland - current business cases
Building Queensland leads the development of Queensland
Government detailed business cases with an estimated capital cost
of over $100 million. This includes business cases being developed
by Queensland Government departments, government-owned corporations
and nominated statutory authorities. Projects currently being led
by Building Queensland are outlined here
(29 June 2018).
Cases
Goodwin Street Developments Pty Ltd as trustee for
Jesmond Unit Trust v DSD Builders Pty Ltd
[2018] NSWSC 984
BUILDING AND CONSTRUCTION – challenge to
adjudicator's determination under the Building and
Construction Industry Security of Payment Act 1999 (NSW)
– whether plaintiff should pay into court the amount of the
determination pending determination of the challenge – where
plaintiff a trustee of unit trust – where plaintiff has
insufficient cash funds to pay amount of determination into court
– where no evidence of financial position of unit holders
– whether as a matter of discretion court should not require
the amount of determination to be paid into court.
Green Suburban Pty Ltd v Vita Built Pty Ltd
[2018] VSC 330
BUILDING CONTRACTS — Building and Construction
Industry Security of Payment Act 2002 (Vic) — payment
claim issued after termination of contract — no
'reference date' to support payment claim — absence
of reference date meant payment claim invalid such that
adjudication determination also invalid — adjudication
determination quashed by consent for jurisdictional error.
COSTS — whether plaintiff ought to obtain costs order where
error made by adjudicator —where hearing dates and filing of
material necessitated following opposition – order for costs
made with small discount.
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.