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Green home
loan scheme in shambles
4
February 2010
The federal Environment Department has been accused ofbungling its
popular green home assessment program, whilegiving favourable treatment to one
company. More...
Australian land use rules drive house prices up
27
January 2010
The sixth annual Demographia International Housing Affordability
Survey looks at 272 metropolitan markets in Australia, the US, the UK, Canada,
Ireland and New Zealand. The report blames a loss of housing affordability in
Sydney and Melbourne on land use regulations which have virtually eliminated
affordable land for building. More...
HIA: inflation controlled late in 2009
27 January 2010
Mild economic conditions drove a benign result
for consumer inflation in the December quarter of 2009, claimed the Housing Industry Association (HIA), Australia’s largest
building industry organisation. More...
HIA: six-stars on new homes fail on emissions
22 January 2010
The decision by the Building Ministers’ Forum to
mandate 6-star energy efficiency requirements in new dwellings will have next to no effect on curbing
greenhouse gas emissions, but will make new homes more expensive and less
affordable. The lack of demonstrated net benefits in the Regulation Impact Statement casts a doubt over the purpose and objective of
future regulatoryimpact assessments. More...
Building Industry Inspectorate ‘tough cop’ to replace ABCC
5 February 2010
Proposed changes to the government’s Building and
Construction Industry Improvement legislation currently before the
parliamentwill ensure the ‘tough cop on the beat’ has the necessary powers to
do its job. The legislation will honour the government’s promise to abolish the
ABCC and replace it with the Fair Work - Building Industry Inspectorate. More...
Minister aims
to target industrial hotspots
5 February 2010
Workplace
Relations Minister Julia Gillard has responded to recent
unlawful industrial action in Western Australia by unveiling proposals that
would allow the government to direct the buildingindustry watchdog to target
industrial trouble spots. More...
Home building at two year high, survey
5 February 2010
Activity in the construction sector expanded in
January, with housing construction hitting a two year high on government stimulus, the latest Australian Industry Group Performance of Construction
survey shows. More...
Govt approved 49,000 stimulus projects
3 February 2010
More than 49,000 construction and infrastructure projects have been
approved by the federal government under its $42 billionstimulus plan. Of the
construction and infrastructure projects thathad been approved, more than
34,000 were under way and morethan 8300 had been completed. More...
Woodside sues construction union over Pluto strike
29 January 2010
Woodside Petroleum Ltd,
Australia’s second-largest oil and gas producer, sued a construction union for
damages and penalties after a two-day strike last month at its Pluto liquefied natural
gas plant.More...
Join the boom but pitch in, says west
28 January 2010
Forward payment of royalties from some of
Australia’s biggest resource projects should help fund infrastructure projects,
evenas the federal government tightens its belt according to the
WAPremier.
Water charges are set to spiral in
desalination squeeze
23 January 2010
Households will pay hundreds of dollars extra for
water as state governments splash $9 billion of taxpayer funds on energy- guzzling desalination plants that will produce
nearly a third of capital-city supplies within two years. Water utilities warned
urban water prices would spiral in line with the rising cost of electricity needed
to operate the massive plants in Sydney, Adelaide, Perth, Melbourne and the
Gold Coast. More...
Fatigue the major risk factor in construction
2 February 2010
Fatigue is the number one accident risk factor
for construction workers and requires better recognition by occupational health
and safety managers, research at the University of Sydney has found. Dr Chan’s research is the
first to identify fatigue as the leading risk factor in a construction
environment. Other factors identified were mental
stress, failure to follow safety procedures, lack of knowledge, failure to use
proper equipment, and fire and explosion. More...
Victoria
Victorian building approvals up 110 per cent
4 February 2010
Victoria’s reputation as the economic engine room
of the nation received another shot in the arm today with the value of building approvals increasing 109.7 per cent over the
course of 2009despite the impact of the global financial crisis. More...
First pipes laid to bring desalinated water to Melbourne
4 February 2010
The first of 84km of pipes that will deliver desalinated water to Melbourne from the end of next year have been
laid inMelbourne’s south-east this week. More...
Building firm AKRON appoints administrators
2 February 2010
Accountancy and corporate recovery firm Taylor Woodings has been appointed voluntary administrator to two companies trading as AKRON, one of Victoria’s largest civil contractors
and designers.More...
Consortium builds five new Melbourne schools
3 February 2010
Abigroup, as part of the Axiom Education Victoria
consortium, has built five new schools across the greater metropolitan Melbourne area.More...
Bilfinger Berger Services wins O&M contract for Peninsula Link
28 January 2010
Specialist engineering, construction and asset
management contractor, Bilfinger Berger Services, has been awarded a
25-year operations and maintenance (O&M) contract for the $759 million toll-free Peninsula Link project in Victoria. More...
Building height limits approved
28
January 2010
A limit on building heights for Port Lincoln’s city centre has been
approved by Urban Development and Planning Minister PaulHolloway restricting
development along most of the foreshore tothree storeys. The Building Height
and Design (City Centre Zone) Development Plan Amendment (DPA) was approved last
week, putting a limit on building heights in the central business district
forthe first time. More...
Father sues over Westgate safety barriers
28 January 2010
The father of a teenager who took his life by
jumping off Melbourne’s Westgate Bridge
is suing the State Government and VicRoads. He says the success of the case
lies in the authorities acknowledging
that they should have acted sooner. More...
Tender prices rising
3 February 2010
The recovery in Melbourne’s office construction market is
expected to quicken in the second half of the year, according to property and construction consultant Davis Langdon. Its
latest tender-priceindex shows that Melbourne construction prices could rise
byabout 4 per cent this year - twice the national average. More...
New South Wales
NSW councils miss out on infrastructure funding
28 January 2010
Sydney councils have shunned
the State Government’s $200 million infrastructure fund, say developers. The
NSW Government scheme provides loans to local governments to
fast-track localinfrastructure projects. More...
Tintenbar to Ewingsdale Pacific Highway upgrade go-ahead
29 January 2010
Approval has been granted for the $780 million Tintenbar to Ewingsdale Pacific Highway upgrade project. Minister for
Planning, Tony Kelly, said the upgrade which is supported by the NSW Government’s Far North Coast Regional Strategy, will generate around
400 construction jobs. More...
Tintenbar to Ewingsdale Pacific Highway Upgrade Go-Ahead Tarcutta Bypass to improve road safety
2 February 2010
Approval has been granted for the Tarcutta
Bypass, one of the final stages in the upgrade
of the Hume Highway. The project is fully funded by the Federal Government with
a total of 67 strict conditions which have been imposed including noise mitigation.
MrKelly said the Biodiversity Offsets Strategy prepared for the entire Hume
Highway Upgrade program will now be updated to include aspecific package for
this project. More...
Planning approval for penultimate stage
of Hume upgrade
5
February 2010
Planning approval has been granted for the Woomargama Bypass south
of Holbrook. The Minister for Planning said the decision means only one section
of the entire Hume Highway upgrade program - the Holbrook Bypass - was yet to
receiveplanning approval, but that project is currently being assessed by the
Department of Planning. More...
Unlicensed electrician ordered to pay $42,000 penalty
2 February 2010
Fair Trading Deputy Commissioner, Steve Griffin, said an unlicenced electrician was convicted for carrying out electrical work without qualifications and for using a licence number that did not belong to him under consumer safety
legislation and theHome Building Act. The courts ordered him to pay more than
$42,000 in fines and costs. More...
Queensland
South-East Queensland homes among world’s most unaffordable
27
January 2010
The South East has ranked among the least affordable places to live
in the world (Demographia International Housing Affordability Survey). The
authors blame the “devastating impact of land useregulation” for driving up
unaffordability, and the false belief that higher population densities would
reduce future infrastructure costs. More...
Infrastructure growing pains for Sunshine Coast
25
January 2010
Legislation created to deliver government-deemed
criticalinfrastructure means that land owners have few rights andeasements can
be taken over sections of properties to provide apath for pipelines or
powerlines and for access roads to servicethem. More...
Rudd facing a Queensland backlash
30 January 2010
Prime Minister Kevin Rudd faces an election-year home state backlash against his “big Australia” policy on growth. The Sunshine Coast Council
is expected to stand firm on itsrequirement that planning for new green field
developments be done from the ground up and not on the basis
of populationnumbers mandated by the state government. More...
Queensland Children’s Hospital contract
secured by Abigroup
28 January 2010
Deputy Premier and Minister for Health Paul Lucas
saysAbigroup will manage construction of the Queensland Children’s Hospital, which will combine the Royal and Mater children’s hospitals into one facility
at South Brisbane in 2014. The new $1.2 billion Queensland Children’s Hospital
represents the largest capital investment in children’s health services in the
state’s history. More...
200-year tree chopped down
28
January 2010
A 200 year –old tree in the centre of works for the $4.8 billion
Airport Link project has benn chopped down, with the Airport Link to pay
$100,000 in compensation to Brisbane City Council for thetree’s removal. The
money will be invested in additional planting and landscaping for the
community. More...
Drivers get stuck into council for compensation
2 February 2010
The Cairns Regional Council has blamed a road bitumen surfacing incident on a series of events brought
on by amachinery breakdown, bad weather and the project’s tight completion
deadline. More...
Mt Isa mine sued over bumpy road back injury
23 January 2010
According to documents filed in the Supreme Court in Brisbane this week, a truck driver
has developed a lumbar spine injuryin March 2005 as a result of driving
tip-trucks on an unpavedunderground road and is suing Mout Isa Mines for $1.8
million. More...
Airport Link work noise under investigation
22 January 2010
Queensland’s Co-ordinator General has launched investigations into both BrisConnections
and Thiess John Holland for possible breaches of noise levels and hours of
operation for the $4.8 billion Airport Link project. The companies could face hefty
fines over
claims they have failed to shield residents from constructionnoise. More...
Other
Akron collapse hits Canberra contractors
2 February 2010
Several Canberra subcontractors and hundreds of
workers they employ stand to lose tens-of-thousands of dollars after
thecollapse of Melbourne construction firm Akron. More...
Publications/Conferences
Public
Comment: Private bushfire shelters draft technical standard
25 January 2010
The draft technical standard for the design of
private use bushfire bunkers (now
referred to as private bushfire shelters)approved by the Australian Building
Codes Board (Sept 2009) has
been released and is available for public comment. More...
BCA 2010 energy efficiency provisions revised
22 January 2010
New provisions have been announced by the Acting
Environment Minister for greenhouse pollution reduction in the nationalBuilding
Code of Australia (BCA) for 2010 and developed at the request of the Council
of Australian Governments (COAG). They further enhance and expand the existing
energy efficiency provisions
in the BCA. More...
NSW: Policies and plans on exhibition
Accreditation
of council building certifiers (until 12 February 2010). More...
NSW: Licensing, Registration and Notification -Repeal of formwork and explosive-powered tools
Effective 1 February 2010: those undertaking EPT/FF no longer require
a certificate of competency for that work; WorkCover will no longer accept
applications for a EPT/FF certificate of competency and all RTO WorkCover NSW
EPT/FF approvals will lapse. More...
NSW: Housing Construction Acceleration Plan extended
25
January 2010
The NSW Housing Construction Acceleration Plan (HCAP) was to end on December 31, but it will now be
extended to June 30, 2010. More...
NSW: Local infrastructure funding projects announced
25 January 2010
The Department of Planning has prepared draft
Local Development Contributions Guidelines to replace the existing Practice Notes (issued 2005) and a Policy Statement on Development Contributions. The Guidelines and Policy Statement will assist councils and industry in
understandingthe implementation of the new Part 5B of the EnvironmentalPlanning
& Assessment Act 1979. More...
VIC: Five-stars for
sustainable home building andrenovating
01 February 2010
Building a new home or renovating an old one in
Victoria must comply with the five-star energy efficiency and water saving regulations, according to the Building
Commission. The Commission has suggested the installation of insulated
walls,water efficient and energy efficient fixtures. More...
AIB Construct 2010
CONSTRUCT 2010 will be held on 25-26 February 2010 on the Gold
Coast with topics to include: National Licensing Updatefrom COAG, Security of
Payments, Future Workforce - staffing, recruitment and
diversifying, Occupational Health & Safety, Economic Update, Procurement
& Contracting and Australian Standards. For further information and
registration informationvisit www.aib.org.au/conferenceor call 02 6247 7433.
Cases
Contract - Construction and interpretation - Expert determination-Whether expert can determine legal costs incurred prior toappointment - Turns on own facts. More...
Queensland Bulk Water Supply
Authority t/a Seqwater v McDonald Keen Group P/L (in liq) & Anor [2010] QCA 007
Contracts - building,
engineering and related contracts -remuneration - statutory regulation of
entitlement to and recoveryof progress payments - where adjudication of claim
for recoveryof a progress payment - where adjudicator allowed recovery - where judgment obtained by filing adjudicator’s certificate -
where legislation prohibited challenge to adjudicator’s decision -
whether application for declaration that adjudicator’s decision void and for
order setting aside judgment amounted to impermissible collateralattack on
judgment. Arbitration - conduct of the arbitration proceedings - powers, duties
and discretion of arbitrator - generally - where legislation specified matters an adjudicator
must take into account in making a determination - where adjudicator is required to make a bona fide attempt to exercise powers under legislation - whether test
for good faith broad or narrow. Contracts - building, engineering and related
contracts - remuneration -statutory regulation of entitlement to and recovery
of progresspayments - where trial judge upheld the result of the adjudication -whether trial judge correct in finding that the adjudicator
acted in good faith and accorded the respondent natural
justice indetermining the application. More...
Tenix Alliance P/L v Magaldi Power P/L
[2010] QSC 007
Contracts - Building, engineering and related contracts - Remuneration - Statutory regulation of entitlement to and
recovery of progress payments -
Validity of payment claim - Claim made after reference date not invalid.
Contracts - Building, engineering and related contracts - Remuneration - Statutory regulation of entitlement to and recovery
of progress payments - Prolongationcosts for period after payment claim - Not
costs of constructionwork. Contracts - Building, engineering and related
contracts -Remuneration - Statutory regulation of entitlement to and recovery of progress payments - Validity of payment schedule -Interpretation of schedule - Statement
of amount proposed tobe paid - Statement of reasons for withholding part of
amountclaimed - Non-compliance with statutory requirements. More...
Thiess P/L v FLSMIDTH Minerals P/L [2010]
QSC 006
Equity - general principles
- mistake - equitable relief in case ofmistake - rectification - particular
cases - where plaintiff made an agreement for the design and construction of calciners for the Gladstone plant of Queensland Aluminium Limited (“QAL”) - where defendant was a subcontractor of plaintiff and responsible
for much of the design work - where plaintiff, defendant and QAL suffered, or
claimed to have suffered, losses due to the failure of structural members of
the calciners - where plaintiff commenced proceedings against defendant
claiming that losseswere caused by defendant’s breach of contract, negligence
and contraventions of the Trade Practices Act 1974 (Cth) - where a Main Deed of settlement was reached between plaintiff, defendant, QAL and other owners of the Gladstone plant and a Side Deed of settlement was reached between plaintiff and defendant - where plaintiff claims rectification of the Side
Deed on the basis of common or alternatively unilateral mistake - whether the Side Deed should be rectified. Trade and commerce -
Trade Practices Act 1974 (Cth) and related legislation - consumer protection - misleading and deceptive conduct orfalse
representations - particular cases - contracts generally -where plaintiff
claims that it executed the Side Deed induced by misleading and deceptive
conduct by defendant as to effect of the deed - whether conduct of defendant
contravened s 52 of the Trade Practices Act 1974 (Cth). More...