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Housing shortage set to accelerate: HIA
18
March 2010
Australia’s housing shortage could reach 466,000 homes by 2020, if
current demand and building trends continue, according to a Housing Industry
Association (HIA) report. The Housing to 2020 report estimates the current
shortage at 109,000 dwellings, concentrated around metropolitan Sydney and
Brisbane. More...
Australian smart infrastructure to be rewarded
12
March 2010
The Federal Government has launched the Australian Smart
Infrastructure Awards to recognise innovative solutions to infrastructure
bottlenecks and urban congestion. More...
National building access standards an investment in the future
15
March 2010
The Australian Building Codes Board and the Disability Discrimination Commissioner have
welcomed the Commonwealth Government’s
initiative to introduce new national standards for publicly accessible
buildings that will make those buildings more accessible for people with a
disability. More...
Foil insulation to be removed from homes
10
March 2010
The Federal Government has announced that the owners of 50,000 homes
fitted with foil insulation will have the choice to have it removed or have a
safety switch installed. An advisory panel will be appointed to tell the
Government how to design its replacement program, minimising the safety risks
and fraud issues that prompted the scrapping of the old scheme. The National
Electrical Contractors Association has referred to potentially $450 million as
the cost of repairing a program that was already on track to be $1 billion over
budget. More...
Victoria
Major construction contracts signed for Epping Market
18
March 2010
Construction of the new $300 million Melbourne Wholesale Fruit,
Vegetable and Flower Market at Epping is moving into the next phase, with the
signing of major works contracts following the completion of early works this
week. More...
Government helps put mineral industry on track
18
March 2010
A $3.97 million Brumby Labor Government grant will help build vital
rail infrastructure to transport heavy mineral concentrate extracted from the
Iluka mine site at Ouyen, saving more than 20,000 heavy vehicle trips a year
between Hopetoun and Hamilton. More...
New Zealand company builds wind farm in Victoria
18
March 2010
New Zealand electricity generator Meridian Energy Ltd has entered a
joint venture with Australia’s AGL Energy Ltd (AGL) to build the $A800 million
Macarthur Wind Farm in south-west Victoria. AGL will take all of the energy
output and wind energy certificates from the wind farm, made up of 174 Suzlon
S88 wind turbines with a total capacity of 365MW. More...
Registrations of Interest sought for $4.3 billion rail link
17
March 2010
Major contractors in the areas of construction, civil engineering and
rail signalling are encouraged to register their interest in working on the new
$4.3 billion Regional Rail Link project, Public Transport Minister Martin
Pakula said today. More...
Early start for Nagambie Bypass major
works
16 March 2010
Major
construction work has started on the Nagambie Bypass several months ahead of
schedule, with an upgraded and safer freeway route one step closer to taking
trucks and through-traffic away from the Nagambie town centre. More...
Victorian solar power station stays in local hands
16
March 2010
Plans to build one of the world’s largest solar power plants in
Victoria have resumed. More...
Expanded industrial hub to create over 600 new jobs
15
March 2010
The major expansion of a Geelong industrial hub that has the
potential to generate more than 600 jobs will proceed after the Victorian
Government today announced $2 million towards building vital infrastructure for
the precinct. More...
Way clear for Torquay Civic & Community Precinct
15
March 2010
Planning Minister Justin Madden has amended the Surf Coast Planning
Scheme to facilitate construction of the proposed $23.7 million Civic and
Community Precinct development in Torquay North. More....
Channel deepening wins national infrastructure award
12
March 2010
The recently completed Channel Deepening Project in Port Phillip Bay,
Victoria’s largest ever marine infrastructure project, has beaten strong
competition to win the prestigious National Infrastructure Award. More...
New South Wales
Sydney Metro compensation bill soars
19
March 2010
There are reports the bill for the failed Sydney CBD Metro has
reached more than half-a-billion dollars after construction companies lodged
their compensation claims. The director of Infrastructure Partnerships
Australia, Brendan Lyon, says the only way to restore the New South Wales
Government’s reputation is to reimburse these companies.
NSW Govt not exercising special planning powers, developers
claim
15 March 2010
Western Sydney has been deprived of $1.4 billion
worth of investment because the NSW Government has refused to give Part 3A
status to a number of major projects, a leading industry group has
claimed. More...
Sydney’s desalination project wins award
12
March 2010
Sydney Water’s desalination project has won the Government
Partnerships Excellence Award, at Infrastructure Partnerships Australia’s 2010
National Infrastructure Awards. Sydney Water Managing Director, Dr Kerry
Schott, was also selected to receive the 2010 Chairman’s Prize for her
career-long contribution to the infrastructure sector. More...
NSW private land to be seized for housing
12
March 2010
Legislation for a new development authority in NSW will be introduced
before June in an attempt to increase housing construction rates, which are the
lowest on record even though the city’s population is growing at the fastest
rate since the 1960s. The laws, believed to be the first of their kind in
Australia, will give the authority sweeping powers to compulsorily acquire and
rezone privately owned land for resale to developers. More...
NSW home owner responsible for death on his property
9
March 2010
A home owner has been ordered to pay $70,000 in compensation to the
widow of an electrician who died after working in his roof. Judge Levy found Mr Dick liable for 20 per
cent of the damages because he ‘’was aware and ought to have been aware’’ that
a live supply of electricity remained connected to the old hot water
system. More...
NSW installer first fined as a result of insulation work
9
March 2010
A Newcastle insulation company, registered with the Federal
Government’s Home Insulation Program, has become the first installer in the
country to be fined for shoddy work that is believed to have caused a house
fire in Western Sydney. Dowco Pty Ltd, trading as ABC Insulation, was fined
$10,000 plus costs at Parramatta Local Court after breaching section 44(b) of
the Fair Trading Act 1987 for falsely representing a service. The director of
the company was fined $2,000 plus costs for the same offence. More...
LGSA rejects super council plan
10
March 2010
A plan to create 10 super councils in NSW won’t address funding
issues and infrastructure backlogs, the Local Government and Shires Association
(LGSA) has said. Cr Ezzy said that amalgamating councils wouldn’t remove the
unfair system of rate pegging, a cost shifting bill that totalled $431 million
in 07/08 or an infrastructure renewal backlog that grows by $500 million each
year. More...
Gold mine expansion a boost for Central
West area
18 March
2010
Approval has been granted for the $58 million expansion of the Cowra gold
mine with extension of the operational life to 2019. The Department is
confident blasting, air quality, flora, fauna, mine rehabilitation and
transportation issues will not have significant environmental impacts. More...
Queensland
Labor’s party no cause to celebrate for asset sales opponents
21
March 2010
The Queensland assets for sale are Forestry Plantations Queensland
(the trees, not the land), the Port of Brisbane, Queensland Motorways Limited
(tolling rights on the Gateway and Logan Motorways), Abbot Point Coal Terminal
and Queensland Rail’s coal transport business (tracks and trains). Queensland
Council of Unions general secretary, Ron Monaghan pointed to the government’s
announcement of increased toll costs on Brisbane’s Gateway Bridge and Logan
Motorway last week as evidence of what to expect under privatisation. More...
Tougher safety measures for foil ceiling insulation
9
March 2010
The Bligh Government has introduced tough new mandatory safety
measures to minimise the risks associated with electrically conductive foil
ceiling insulation. Industrial Relations Minister Cameron Dick today issued a
Ministerial Notice under the Electrical Safety Act 2002 that requires
insulation installers to arrange an inspection by a licensed electrical
contractor before foil insulation is installed in a ceiling. Installers must
also ensure safety switches are installed on all circuits in the ceiling space
before work begins. More...
Asbestos whistleblower threatens to sue
11
March 2010
A Mackay asbestos removalist plans to sue QBuild over allegations it
has slandered and blacklisted his company since he blew the whistle on improper
removal of asbestos at a Mackay school. More...
Another school’s asbestos fears
18
March 2010
Mackay North Primary School is the fourth school in the district to
have concerns about asbestos, after incidents involving the potentially fatal
substance at Mackay North State High, Moranbah East State and Mirani State High
schools. A Department of Education and Training general infrastructure services
spokesperson said the Queensland Government had rigorous processes in place to
manage asbestos in schools that included monitoring, safety procedures and
removal where necessary and the Department has an asbestos register online,
enabling parents and the community to see details of asbestos in state
schools. More...
Sunshine Coast landowners to apply for soil
11
March 2010
The State Government has listened to land owners north of the
Sunshine Coast who wish to retain excess soil excavated to make way for the
Northern Pipeline Interconnector Stage 2 (NPI2). Mr Hinchliffe said the
majority of land owners did not require the soil which was removed by the
construction team and taken to designated spoil disposal sites, and were
compensated for the way the easement and the pipe laying impacted on their
properties. More...
State Solar Hot Water Program
9 March 2010
Energy
Minister Stephen Robertson has announced the State Government would close its
Solar Hot Water Program due to significant changes to the Federal Government’s
Solar Hot Water Rebate Program, but remained committed to the development of an
alternative scheme as soon as possible. The State Government would ensure that
customers who had a signed contract with existing suppliers on or before 19
February 2010, would have their contracts honoured. More...
Premier Bligh welcomes first LNG plant in Australia
18
March 2010
Queensland will host the first plant in Australia to convert coal
seam gas to liquefied natural gas on a commercial scale under a new deal
announced by the Premier. The $100 million
agreement will see the construction of a multi-million dollar liquefied natural
gas plant near Chinchilla. More...
LNG looks to other parties for Gladstone sale
16
March 2010
Liquefied Natural Gas (LNG) Ltd has amended its heads of agreement
(HOA) with Arrow Energy Ltd over the proposed $51 million sale of the
Fisherman’s Landing LNG project in Gladstone to allow it to look at alternative
partners after Arrow became a takeover target. Under the renegotiated terms
either party can terminate the deal with one day’s notice and will not face
liability at the termination of the contract. More...
Gold Coast workman’s Coast fall compo bid fails
14
March 2010
A workman who suffered head and elbow injuries after falling through
the railing of a Gold Coast balcony has had his legal claim against the owners
dismissed. More...
Toowoomba celebrates $1.8 million completed infrastructure
projects
14 March 2010
Anthony Albanese, Minister for Infrastructure and
Local Government, said the Rudd Labor Government provided $1,819,000 to the
Toowoomba Regional Council for the 21 projects from the $1 billion Regional and
Local Community Infrastructure Program (RLCIP). More...
Publications/Conferences
National Building Standards: Access to Premises
The
Commonwealth Government’s initiative introduces new national standards for
publicly accessible buildings that will make those buildings more accessible
for people with a disability. The Disability Standards for Access to Premises
will commence on 1 May 2011. The Disability Standards for Access to Premises and
related documentation is available at: www.ag.gov.au
ABCB: List of Amendments for Volumes of the of BCA 2010
11
March 2010
The list of all amendments for Volume One of BCA 2010 are now
available. More...The
list of all amendments for Volume 2 of BCA 2010 are now available. More...
NSW: Government launches historic Metropolitan Strategy review
17
March 2010
Consultation on Sydney’s Metropolitan Strategy discussion paper is
running in conjunction with the exhibition of the $50 billion Metropolitan
Transport Plan linking land use and transport planning which closes on 30 April
2010. http://www.nsw.gov.au/shapeyourstate More...
NSW: Major project declarations and threshold criteria
15
March 2010
There has been some misunderstanding about application of the $100
million threshold criteria. Under the Major Development SEPP the NSW Government
is the consent authority for residential, retail or commercial projects worth
over $100 million. Where the proposal is not permitted in the relevant land-use
zone, there is discretion as to whether the Government becomes the consent
authority and each proposal is considered on its merits. More...
QLD: Establishment of the new Plumbing Industry Council
16
March 2010
On 1 March 2010, the Plumbers and Drainers Board (the Board) was
replaced with a new Plumbing Industry Council (PIC). The PIC will continue the
important work of the former Board in investigating complaints about licensees
and unlicensed work. More...
QLD: Rectification of Building Work Policy - New Board Policy
12
March 2010
A new Board Policy on the rectification of defective building work
came into force on 12 March 2010. This clarifies what BSA considers to be
defective building work and reinforces the need for contractors to comply with
the requirements of all relevant building regulations (Building Codes Australia,
Australian Standards, manufacturer installation instructions) in any work
performed. More...
QLD: New mandatory safety measures with electrically
conductive
foil ceiling insulation10 March, 2010A Ministerial Notice under the Electrical
Safety Act 2002 requires insulation installers to arrange an inspection by a
licensed electrical contractor before foil insulation is installed in a ceiling
and applies from 10 March, 2010 - Electrical Safety (Installation of Ceiling
Insulation) Notice 2010 (SL N0 38 of 2010). More...
QLD: QBSB: Amendments to Financial Requirements for Licensing
12
March 2010
The financial requirements stated in the Board’s Financial
Requirements for Licensing policy under section 9A of the Queensland Building
Services Authority Act 1991 have been amended [QGG, No 67, 12 March 2010:
p588]. More...
VIC: Private Bushfire Shelter Accreditation Update
11
March 2010
The Building Commission confirmed that a private bushfire shelter has
been accredited for use on sites assessed up to and including the highest
bushfire attack level, BAL-FZ. The
Australian Building Codes Board is currently preparing a National Standard for
the design and construction of private bushfire shelters, however this will not
be ready for take up by the States until May 2010. More...
VIC: Integrated Housing Strategy released
The
Government has released the Victorian Integrated Housing Strategy which
identifies future directions and priorities critical in ensuring that housing
for Victorians is more affordable, accessible and sustainable. More...
Legislation
Queensland
Regulations
Domestic
Building Contracts Regulation 2010
Queensland Building Services Authority
Amendment Regulation (No. 1) 2010 Electrical Safety (Installation of Ceiling
Insulation) Notice 2010
Cases
Building Insurers Guarantee Corporation v The Owners Strata Plan
No. 57504 [2010]
NSWCA 23
Building
contract - breach by builder - work not in conformity with plans &
specifications - waterproofing system - whether system installed as effective
as that specified - query whether issue one of mitigation with onus on builder.
Building contract - breach by builder - whether demolition and reinstatement to
produce compliance with contract reasonable - whether damages recoverable on
that basis. Home building insurance - breach of statutory implied warranties by
builder - insurance - successor in title entitled to benefit of warranties and
insurance - measure of damages - successor entitled to same damages as
predecessor. More...
Little v Edwards Concreting Pty Ltd [2010]
NSWSC 185
Corporations - materials provided by liquidators provide
sufficient explanation of conduct of winding up of company - not necessary for
court to hold inquiry and examine liquidators in relation to winding up under
Corporations Act, s 536 –effectiveness of resignations of liquidators -
appointment of liquidator by court under s 502. More...More...
Al Mousawy v Howitt-Stevens Constructions Pty Limited & Ors
[2010] NSWSC 122
Torts - negligence - patron injured when ceiling
of hotel collapsed - content of duty owed by structural engineer - significance
of his retainer - breach of duty - whether collapse of ceiling reasonably
foreseeable - causation - whether factual causation established - liability of
owner of hotel - breach of duty - failing to adequately respond to complaints
and failing to properly brief structural engineer - causation - section 5D
Civil Liability Act 2002 - whether factual causation established - whether
breach materially contributed to harm which occurred. More...
Palmer & Anor v Finnigan & Ors [2010]
QSC 064
Torts - negligence - dangerous premises - injuries to person
entering premises - invitee - contractural entrant - liability of occupier
generally - where contractor fell off balcony when railing collapsed - whether
occupiers breached duty of care - whether risk was foreseeable - whether in
failing to address unknown defect injury could be foreseen. More...
Velardo & Anor v Andonov
[2010] VSCA 38
Appeal under s 148 Victorian Civil and
Administrative tribunal Act 1998 (‘the Act’) - Offer of settlement - Whether
the offer an offer which met description in s 112(1) of the Act - Whether offer
validly accepted - Whether Tribunal has power under s 114(3) of the Act to
grant permission to withdraw an offer after the offer has been accepted -
Whether power to permit withdrawal nunc pro tunc - Circumstances justifying
permission to withdraw offer - proceeding at the Tribunal seeking damages for
alleged breaches of domestic building agreements. More...
E A Negri Pty Ltd v Technip Oceania Pty Ltd
[2010] VSCA 44
Practice and procedure - Whether primary judge
erred in dismissing application to stay, or strike out, amended counterclaim -
Whether primary judge erred in refusing separate trial of claims made against
third party in amended counterclaim - Decisions interlocutory - Whether
attended by sufficient doubt to warrant grant of leave to appeal - Leave to
appeal refused- construction of a gas
plant at Port Campbell - sub-contract works to third parties, reimbursed for
the costs of those works, together with a fee of 8.66%. More...
Hamilton v Hunt Engineering Pty Ltd
[2010] VSC 62
Accident compensation - Workplace injury - Leave
under s 134AB Accident Compensation Act 1985 for commencement of proceeding -
Issue estoppel - Extent of estoppel - Whether issue estoppel as to compensable
nature of injury under s 134AB(1) - Whether issue estoppel as to causal nexus
with workplace incident. More...
Whiting v JDS Engineering and Labour Services Pty Ltd [2010]
NSWCA 28
Limitation of actions - Extension of limitation period - Appeal
against decision to strike out claim for workers compensation - Claim struck
out erroneously - Appeal lodged after delay of four years - Whether adequate
explanation for delay provided - Whether necessary to demonstrate arguable
substantive case - Whether prejudice demonstrated. Legislation cited: Uniform
Civil Procedure Rules 2005 (NSW) r 51.10; Workers Compensation Act 1987 (NSW)
ss 66, 151, 151A. More...
Radisich v Construction, Forestry, Mining and Energy Union (No
3) [2010] FMCA 178
EVIDENCE – Application for
documents to be admitted into evidence – Documents used to cross-examine own
witness under s 38 of the Evidence Act 1995 (Cth) – discretionary
considerations. Industrial law – Civil penalty proceeding. Legislation cited:
Building and Construction Industry Improvement Act 2005 (Cth) s 52; Evidence
Act 1995 (Cth) ss 38, 38(1)(a), 45(1)(a) and (b), (3) and (5), 135(a),
192(2)(b) and (c). More...