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Commonwealth

Ceiling Foil Insulation update
24 March 2010
The Federal Government has announced it will fund either a safety switch, or the removal of all foil ceiling insulation, in houses where it was installed under its now-suspended insulation program. Until the Federal Government fully rolls out the foil insulation inspection program, DEWHA will cover the cost of engaging an electrician to inspect the work and rectify safety faults (limits apply).    More...

Rethink urged on water strategy
1 April 2010
The Productivity Commission has recommended that the Commonwealth dump the tender process for its $3.1 billion Murray-Darling Basin water buyback and instead buy entitlements directly through the water market. The commission, in a report released yesterday, also argued the best value for money came from buying water, rather than funding infrastructure upgrades.   More...

School building shapes as a bigger debacle than batts
1 April 2010
Auditors must comb the program for gouging and waste with the $16.2 billion Building the Education Revolution stimulus proving a blessing for building contractors, management consultants and state governments gouging the public purse. Nobody is being accused of anything illegal, but federal and state mismanagement has allowed managing contractors to charge high fees on projects - up to 3 1/2 times the rate suggested by the federal government.   More...

Big building firms make big bucks on stimulus
29 March 2010
Australia’s biggest construction companies, Leighton Holdings and Bovis Lend Lease, are getting billions of dollars in government contracts, much of it from the federal government’s stimulus program, and federal and state infrastructure spending.   More...

Mining projects at risk over resources tax
31 March 2010
The Commonwealth’s Henry Tax Review could recommend the scrapping of state mining royalties. There is a warning that Australia’s mining projects could become the most highly taxed in the world if a Federal resources rent tax is not implemented carefully.   More... 

Housing recovery running out of steam
31 March 2010
The Housing Industry Association, Australia’s largest building industry organisation, said that building approvals fell by 3.3% in February 2010. The much needed housing recovery felt, for the second month in a row, the impact of a large drop (12.3%) in units and semi-detached “Other dwelling” approvals. The “Other dwelling” segment is already down 27% on December 2009 figures.   More...

Victoria

Record building approval numbers as Vic leads nation
31 March 2010
Victoria led the country in the total value of building approvals for the year to February 2010, according to statistics released by the Australian Bureau of Statistics today.   More...

Former Coburg high school development to create 600 jobs
31 March 2010
Planning Minister Justin Madden has supported the recommendations of an independent panel paving the way for a $250 million housing, office and retail development on the former Coburg High School site.   More...

1650 construction jobs at new Southbank development
31 March 2010
Planning Minister Justin Madden has today cleared the path for a major mixed-use development at 400-430 City Road Southbank that will provide a $400 million boost to the Victorian economy and create up to 1650 construction and 1390 ongoing jobs.   More...

Government to take over domestic building insurance
29 March 2010
The Victorian Government will take over domestic building insurance to ensure builders and consumers have access to adequate and affordable insurance.   More...

Victorian integrated housing strategy
23 March 2010
The State Government has released the Victorian Integrated Housing Strategy, which aims to ensure housing is more affordable, accessible and sustainable. The Residential Tenancies Act 1997, the main legislation regulating Victoria’s rental housing sector, will be modernised to ensure this legislation meets community needs and standards. The strategy will inform the work of Consumer Affairs Victoria, which regulates estate agents, tenancy in private rental accommodation and rooming houses.   More...

$150m desal pay bonanza
22 March 2010
The developer of Victoria’s desalination plant will pay workers as much as $150 million above industry standards in its bid to meet the deadline for water to flow from the plant by 2011. Construction, Forestry, Mining and Energy Union state secretary Bill Oliver said the deal set a high standard in the industry - but only for very large infrastructure projects.   More...

New South Wales

Fury as State overrides Council with new home projects
30 March 2010
A local council in Sydney is outraged the NSW government went over its head and ignored normal planning guidelines to build a dozen social housing projects under the Rudd government’s $6.4 billion stimulus scheme to provide new homes for the disadvantaged.   More...

Central Coast’s future water supplies secured
29 March 2010
Construction will begin today on a $120 million pipeline to assist in securing the future water supply for Central Coast communities, announced Parliamentary Secretary for Water, Dr Mike Kelly and local MP Craig Thomson. Funded through the Australian Government’s $1.6 billion Water Smart Australia program, the Mardi - Mangrove Link project will help to secure the Central Coast’s long term water supply - a key priority under the Australian Government’s Water for the Future framework.  More...

Queensland

Plan for `big’ nation, urges Anna Bligh
29 March 2010
Anna Bligh wants a 20-year population and infrastructure plan from Canberra to provide certainty about the number of people involved in Kevin Rudd’s vision for a “big Australia”. Right now, the federal government makes big infrastructure decisions for projects like the Gold Coast light rail on an annual basis. Queensland’s infrastructure plan is publicly available and looks 20 years out providing certainty that growth will be matched by infrastructure.   More...

Xstrata to expand Black Star Mine
21 March 2010
Mining giant Xstrata has revealed plans to spend $130 million to extend an open cut zinc mine in north-west Queensland. The company will add another 4 years to the life of the Black Star Open Cut at the Mount Isa Mine.   More...

Private building approvals are being blamed for a flood of disputes about non-compliant houses
27 March 2010
Queensland’s private building approvals system is in chaos amid a flood of disputes over planning decisions and criticisms by private certifiers over ambiguous laws. The Building Services Authority is investigating 10 complaints against private certifiers as part of an industry crackdown.  More...

Full steam ahead for $110 Million Townsville Marine Precinct
24 March 2010
Premier Anna Bligh has announced the $110 million Townsville Marine Precinct is another step closer with Laing O’Rourke selected as the preferred proponent for construction. Ms Bligh said the Queensland Coordinator General’s EIS report has now been forwarded to the Federal Environment Minister for review, with final approvals anticipated to be received by the end of April.   More...

QR calls for workers for Northern Missing Link
23 March 2010
QR is on the hunt for 800 more workers in the Mackay/Bowen/Townsville region to help build the $1.1 billion Goonyella to Abbot Point Expansion Project (GAP). Mr Fraser said the project includes the 69-kilometre Northern Missing Link, which will connect the Goonyella coal rail system to the Newlands rail system, as well as upgrades to the Newlands system.   More...

World’s first LNG deal for coal seam gas signed
24 March 2010
The Minister for Resources and Energy, Martin Ferguson AM MP, has witnessed in Beijing the signing of the world’s first fully-termed sales and purchase agreement for LNG sourced from coal seam gas. The deal will see BG Group supply 3.6 million tonnes of LNG per annum to the China National Offshore Oil Corporation (CNOOC) for 20 years from 2014 from its proposed Queensland Curtis LNG project at Gladstone. In volume terms, this is the biggest single company-to-company LNG contract in Australia’s history, totalling 72 million tonnes over 20 years.   More...

Legislation

Commonwealth

Regulations

Airports (Building Control) Amendment Regulations 2010 (No. 1)

QLD

Regulations

Queensland Building Services Authority Regulation 2003Sustainable Planning Regulation 2009Building and Other Legislation Amendment Regulation (No. 1) 2010

NSW

Environmental Planning Instruments

State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Miscellaneous) 2010

Cases

Solitaire Homes Pty Ltd v Urban Ventures Pty Ltd & Ors [2010] FMCA 185
Copyright - Alleged infringement of copyright of project home house plans - subsistence of copyright - “substantial part” and house plans - general principles regarding damages or account of profits - cost of the proceedings a factor in the award of exemplary damages. Practice & procedure - Application to set aside Default Judgment - application granted. Evidence - Application to adduce tendency evidence.   More...

Watpac Constructions v Austin Corp [2010] NSWSC 168
Building and engineering contracts - Building and Construction Industry Security of Payment Act 1999 - validity of second adjudication determination - where payment claim for amounts the subject of previous adjudication determination - where determination by previous adjudicator that defendant not entitled to amounts claimed - whether valid payment claim - whether subsequent claim before second adjudicator precluded by principles of issue estoppel or principles of abuse of process - whether plaintiff denied procedural fairness. Estoppel - issue estoppel - whether earlier determination created issue estoppel - whether abuse of process for defendant to reagitate claim leading to second adjudication determination.   More...

Ralston v Bell & Smith trading as Xentex Patch & Grout [2010] NSWSC 245
Common law - personal injury - construction site - liability - damages.   More...

Timms Contracting Pty Ltd v Pipes International (Qld) Pty Ltd [2010] QSC 88
Contracts - general contractual principles - construction and interpretation of contracts - whether contract for design and construction - whether contract for construction of specified works only - whether breach of implied contractual terms - whether representations made as to fitness for purpose - whether warning given as to need for maintenance.   More...

Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd [2010] QSC 97
Contracts - building, engineering and related contracts - other matters - where a building contract between a developer and builder exists - where disputes arising under contract can be referred to expert determination or arbitration - where disputes arose and both resolution processes were employed - where findings in arbitration award were made - where builder seeks declarations that the developer be estopped from contending otherwise than in accordance with the arbitration award findings - where developer seeks a stay of the builder’s proceedings seeking declarations - whether the contract provides a dispute resolution process for the dispute - whether the dispute should be determined by the court.

Gantley Pty Ltd & Ors v Phoenix International Group Pty Ltd & Anor [2010] VSC 106
Building contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) - Progress claim under s.14 of the Act as it was prior to the operation of Act No. 42 of 2006 - Requirement to identify work in progress claim under s.14 of the Act - Degree of specificity in identification of work required - Consequences of non-compliance with identification requirement - Severance of part of payment claim open - Considerations in applying severance - Consequences of invalidity of payment claim - Test for jurisdictional error in adjudicator’s determination - Whether service of progress claim under the Act after termination of construction contract permitted - Circumstances in which progress claim may be served after construction contract terminated - Whether final payment claims permitted to be made under pre-amended Act - Whether final payment claims permitted to be made under amended Act - What constitutes “progress claim” - What constitutes “final payment claim” - Whether invalidity under s.14 of the Act by reason of more than one payment claim made. Administrative law - Principles of severance considered in relation to a statutory form drawn under an enactment. Statutory construction - Whether amending enactment can throw light on the intention of an earlier enactment.   More...