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What’s News? Construction & Infrastructure

Latest News 12 November 2009

National

HIA: Australia still over 50,000 homes short
18 November 2009
The recovery in new home building will fall short of what is required to meet increases in Australia’s population, according to the Housing Industry Association’s latest National Outlook. More...

Victoria

Private sector finance secured for desal project
19 November 2009
Innovative financial backing from the Victorian Government has given investors confidence to invest in the Victorian Desalination Plant and ensured it can be built as a public private partnership. More...

New standards for air-conditioners to help Victorians save energy and money
19 November 2009
Household air-conditioners in Victoria are set to become more energy efficient under more stringent national energy performance standards and labelling, Energy and Resources Minister Peter Batchelor announced today. More...

First contract awarded for Nagambie Bypass works
18 November 2009
The first of 2 major contracts for the construction of the Nagambie Bypass has been awarded, clearing the way for work to begin by the end of the year. More...

$10million for Westlink planning and consultation study
18 November 2009
A $10million planning study is set to begin on Melbourne’s next major road connection, linking the Port of Melbourne to the Western Ring Road, as part of the Brumby Labor Government’s Victorian Transport Plan. More...

Local company wins $43million desal power cable contract
17 November 2009
Victoria’s Desalination Project continues to secure local jobs and boost the economy with Victorian-based company Olex awarded a $43million contract to supply power cable, Minister for Industry and Trade Martin Pakula announced today. More...

Building permit activity rebounds with Rural Victoria leading the way
Victoria’s building industry has continued its positive start to the 2009-10 financial year with a 10% increase in the value of building permits issued in the September 2009 quarter when compared with the same quarter in 2008-09. More...

Bushfire shelters to require building permits
11 November 2009
Victorians who choose to build a bunker or private bushfire shelter on their property will be required to adhere to new regulations. Planning Minister Justin Madden today announced interim regulations and an accreditation process for construction of bunkers or private bushfire shelters which will come into effect immediately and provide clarity to Victorians until proposed new national rules are introduced next year. More...

Baulderstone set to build Hamer Hall project
11 November 2009
Leading Australian construction company Baulderstone has been selected as the preferred builder for the $128.5million refurbishment of Melbourne’s Hamer Hall. More...

PPP model to deliver world-class cancer centre
10 November 2009
Victoria’s $1billion world-class cancer centre will be delivered as a public private partnership, ensuring the facility will be built at the lowest possible cost to the taxpayer. More...

New South Wales

Tenders called for Maldon to Dombarton Rail Link study
Independent consultants interested in conducting the feasibility study (infrastructure, engineering requirements) into a possible rail line between Maldon and Port Kembla via Dombarton have until 4 December to register under the tender process being conducted by Department of Infrastructure. More...

New planning tool to drive greener suburbs
18 November 2009
The NSW Government today released a new tool designed to guide development of not just greener homes and buildings, but entire suburbs. Planning Minister Kristina Keneally said PRECINX™ is the next step in green development - a tool that analyses and guides sustainability performance in the planning of neighbourhoods. More...

Work starts on $500million Gregory Hills development
19 November 2009
Construction starts in Sydney’s South West today on a $500million development that will deliver 2,400 new homes and employment land to support around 2,500 jobs. Planning Minister Kristina Keneally said the Government’s reduced infrastructure contribution rates, introduced last year, lowered developer costs and allowed for vital early infrastructure for the development. More...

Expressway could hurt threatened species
17 November 2009
A new report shows dozens of threatened animals could be affected by the relocation of powerlines and substations to make way for the new $1.5billion Hunter Expressway. EnergyAustralia has prepared a species impact statement and a review of environmental factors for its proposed changes to electricity infrastructure around the new road. More...

CBD Metro could kill trams vision, says light rail chief
11 November 2009
The CBD Metro will spell the end of the existing light rail service in Sydney unless the State Government offers compensation to the service’s operator, according to Metro Transport Sydney CEO Kevin Warrell. Mr Warrell said his company, which operates the service between Lilyfield and the CBD and is hoping to extend to Dulwich Hill, could not afford to compete with the metro. More...

Queensland

Gladstone Corridor earthworks tender
19 November 2009
Expressions of interest have been called for the earthworks for the eastern 9-kilometre section, from Gladstone Port to the Aldoga Estate, of the proposed pipeline. Interested parties can go to the Queensland Government Marketplace website and click on Current Tenders. More...

Teenager electrocuted in workplace accident
18 November 2009
A 16-year-old boy has died in a workplace accident from an apparent electric shock. Master Electricians chief executive Malcolm Richards said his organisation would investigate whether a mandatory risk assessment was conducted before work began. More...

Canberra fast-tracks Palmer coal project
19 November 2009
Clive Palmer’s $7.5billion Chinese-backed Queensland coal project has been fast tracked by the Federal Government, which yesterday guaranteed a smooth approvals process for the ambitious project. Infrastructure Minister Anthony Albanese granted Waratah’s China First coalmine and infrastructure project Major Project Facilitation, which provides a support service for a fast and efficient approvals process. More...

Fury at $600,000 cost to build substandard houses
19 November 2009
Small houses with no air conditioning, no fans and no landscaping are costing taxpayers $600,000 each to build in remote communities. More...

Underground is the future for Brisbane transport network
19 November 2009
The Qld State Government has unveiled sweeping plans to modernise Brisbane’s public transport network - including an underground rail network to be built under the city over the next 2 decades - to help the south-east corner cope with unprecedented inner-city population growth.More...

Worst yet to come for Queensland builders
18 November 2009
The Australian economy may be improving, but experts say the worst is yet to come for Queensland developers who have been particularly hard hit by the financial crisis. The commercial sector is about 40% down on year to date turnover, and the latest report to September 2009 showed that $3.3billion of projects had been deferred and another $500million worth of projects which had been abandoned according to a Master Builders Association spokesperson. More...

$2.66million maintenance contract for Banana Shire Council
16 November 2009
A $2.66million maintenance contract has been awarded to Banana Shire Council for work on state-controlled roads in the Fitzroy Region. More...

Proposed coal mine declared significant
11 November 2009
The proposed Belvedere $2billion coal mine near Moura will undergo rigorous environmental assessment after being declared a significant project by Queensland’s Coordinator-General Colin Jensen. More...

Building changes for storm-proofing
16 November 2009
Damage from the massive storm cell that ripped through western Brisbane last year is the catalyst behind the State Government’s decision to push for new storm-proofing measures to be included in new buildings. Minister for Infrastructure and Planning Stirling Hinchcliffe said it was proposed that from May 1, 2011, the Building Code of Australia (BCA) be amended to require all tiled roofs on new buildings be sarked. More...

Bligh clears way for $40billion gas projects
15 November 2009
Queensland premier Anna Bligh confirms parcels of land in Gladstone will be set aside for LNG (Liquified Natural Gas) to allow for $40billion in investment. Ms Bligh said the announcement provided surety for 8 proponents to invest in the region in Central Queensland and it’s expected to create 18,000 jobs. More..

Construction firm into administration
12 November 2009
A Brisbane-based civil engineering and construction firm which had more than 200 employees at its peak has gone into voluntary administration. The privately owned Civdec Constructions was established in 1982 and grew to specialise in civil infrastructure, industrial infrastructure, urban developments and mining infrastructure. More...

Search on for Qld geothermal sites
12 November 2009
The State Government says it has started assessing sites along the Queensland coastline that are potential sources of geothermal energy. The information gathered will be used to map potential geothermal sites before drill tenders are put out next year. More...

Other

ACTU makes final submission on proposed national workplace health and safety laws
11 November 2009
The Australian Council of Trade Unions (ACTU) has made a final submission to governments on the draft of the proposed new national workplace health and safety laws. The ACTU claims under the proposed draft workers in NSW and Queensland will be affected by the loss of the injured workers’ right to take court action and a reduce onus on employers. More...

Leighton to develop $900m Gorgon jetty
12 November 2009
Leighton Holdings will jointly develop a $900 million eco-friendly jetty and marine precinct with an Italian partner at the massive Gorgon LNG project in Western Australia with the design, supply material, fabricate, construct and commission the LNG jetty at Barrow Island. More...

Publications/Conferences

Defining best practices of international arbitration: perspectives from Australia
Author: Dr Clyde Croft
Source: ADR Bulletin, Vol 11, No 5 October 2009: p89-99

VIC: Environment Protection and Heritage Council Draft National Wind Farm Guidelines
16 November 2009
The Guidelines cover all phases of wind farm development, including specific technical components of wind farm development and public feedback is due by close of business Wednesday. More...

VIC: National Housing Conference
To be held at the Melbourne Convention and Exhibition Centre from 24 to 27 November 2009. More...

QLD: Seminar: Royal Institute of Chartered Surveyors
20 November 2009
At the Sofitel Hotel, 25 November 2009 for the 10 Common Commercial Building Certification Challenges - and how to avoid them. Contact - Ruth Murphy, RICS e: This e-mail address is being protected from spambots. You need JavaScript enabled to view it t: 02 9216 2333. More...

Legislation

Victoria

Bills
Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Bill 2009

Regulations
Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2009

Queensland

Acts
Building and Other Legislation Amendment Act 2009

Regulations
Building and Other Legislation Amendment Regulation (No. 3) 2009

Cases

Commissioner for Fair Trading v Peter Todd Garay & Ors [2009] NSWSC 1196
Contempt of court - defendants restrained by orders of Grove J from contracting for or undertaking residential building work - whether first defendant in breach of those orders. More...

Doumit v Jabbs Excavations Pty Ltd [2009] NSWCA 360
Torts - Negligence - workplace incident - bulldozer reversed over worker - whether safe system of work - whether bulldozer driver negligent - whether contributory negligence on part of injured worker - challenge to trial judge’s findings. Torts - Negligence - road accident - whether bulldozer is a “motor vehicle” for the purposes of the Motor Accidents Compensation Act 1999 - by majority it is not - Whether bulldozer is a vehicle determines whether duty of care is of employer to employee or of driver to pedestrian - operation of motor accidents legislative scheme and worker’s compensation scheme. Words and Phrases - “motor vehicle” - “vehicle”. More...

G & S Engineering v Lampson Australia Pty Ltd & Anor [2009] QSC 361
Procedure - Discovery and interrogatories - Discovery and inspection of documents - Production and Inspection - Grounds for resisting production - Legal professional privilege - Waiver of privilege - where damage was caused to a dragline and a crane - where the Department of Mines and Energy seized the crane and investigated the incident to determine its cause - where supplier of the crane prepares an incident report for its legal representatives and for the purpose of the department’s investigations - where the report was provided to the department without a formal directive to produce it and to achieve the release of the crane from seizure - where the applicant requests the report so that a report on why the incident occurred can be completed by a court-appointed expert - whether the incident report was created for the dominant purpose of submission to legal advisers or for use in legal proceedings - whether any legal professional privilege had been impliedly waived by conduct inconsistent with the privilege. More...

Neumann Contractors P/L v Peet Beachton Syndicate Limited [2009] QSC 376
Contracts - Building, engineering and related contracts - Remuneration - Recovery - where the applicant entered into a construction contract with the respondent - where the applicant made a payment claim against the respondent - where the applicant applies for judgment against the respondent pursuant to s 19(2)(a)(i) of the Building and Construction Industry Payments Act 2004 (Qld) - whether the payment claim was valid under the Building and Construction Industry Payments Act 2004 (Qld).

Pinnacle Homes (Sales) Pty Ltd v Dixon Systems Pty Ltd [2009] QSC 368
Lack of adequate disclosure by the second plaintiff - matter reactivated - expert report. More...

Major Engineering Pty Ltd v CGU Insurance Limited [2009] VSC 504
Insurance - Indemnity for legal costs incurred - Identification of claim - Application of exclusion of indemnity clause - Whether claim for the rendering of professional advice or service or the making or formulating of a design. More...

Meriton Apartments Pty Limited v Fair Trading Administration Corporation [2009] NSWSC 1238
Equity - Declaratory relief - Principles - Building Services Corporation Act 1989 (NSW) now the Home Building Act 1989 (NSW) - Provision of statutory indemnification schemes for home owners including the Comprehensive Insurance Scheme - Proceedings brought by plaintiff builder for declaratory relief that claims made by Owners of Strata Plan and settled and/or paid by defendant regulatory authority constitute settlements and payments ultra vires the scheme - Whether plaintiff builder has standing to challenge the acceptance and approval of the claim by the regulatory authority other than in proceedings for recovery by the defendant against the plaintiff - Case management - Stay of proceedings. More...

Northbuild Constructions P/L v Discovery Beach Project P/L [2009] QCA 345
Appeal and new trial - Interference with discretion of the court below - In general - Judge mistaken or misled - Generally - the appellant obtained an interim freezing order against the respondent with an undertaking that it “not publish the terms or substance of this order to any person” - the appellant sought an order releasing it from this undertaking and to cross-examine respondent witnesses by raising matters in the documents - the trial division judge dismissed the application - the judge found that the documents in question would not be amenable to subpoena - whether the trial judge was mistaken in finding that the documents were not amenable to subpoena - whether the special circumstances warranted the appellant’s release from its undertaking - whether the appeal should be allowed. More...

Tweed Shire Council v Michael Allen trading as M W Allen & Associates [2009] NSWSC 1195
The Council further contends that Mr Allen was in breach of these provisions in that he did not conduct himself geo-technical testing or retain an appropriate expert prior to construction - In order to succeed in its claim the Council must establish on the balance of probabilities that Mr Allen owed the Council a duty of care, that he breached this duty and that the Council suffered damage - contends that the conditions of approval did not require geo-technical testing and that he as a civil engineer complied with his professional responsibilities. More...

QCoal P/L & Anor v Cliffs Australia Coal P/L & Anor [2009] QCA 358
Contracts - General contractual principles - Construction and interpretation of contracts - Other matters - where the appellant was developing a new coal mine and agreed to sell a share of the project to the respondent - where the agreed price to be paid by the respondent was subject to certain adjustments contained in the sale purchase agreement - where a certain adjustment in cl 6.9 required the respondent to pay an additional amount if the cost to the appellant of advancing the project to completion exceeded a specified figure - where the appellant invoked this clause to claim an increased purchase price from the respondent - where the respondent disputed that the specified figure was exceeded, on the basis that an amount owed to a particular consultant was not included or had not been paid before completion of the contract of sale - whether the phrase ‘amount expended by the Vendors’ in cl 6.9 of the contract includes undischarged liabilities. Trade and commerce - Trade Practices Act 1974 (Cth) and related legislation - Consumer protection - misleading or deceptive conduct or false representations - Misleading or deceptive conduct generally - Misleading or deceptive: what constitutes - where respondent argued that the appellant’s conduct in failing to disclose the consultant contract was misleading or deceptive under s 52 - where respondent counterclaimed for damages under s 82 - where trial judge held that, had the appellant succeeded, the respondent’s counterclaim would have been successful - whether the appellant’s failure to disclose the consultant contract was misleading or deceptive - whether this conduct also constituted a breach of warranty. More...

A J Lucas Operations Pty Ltd v Mac-Attack Equipment Hire Pty Ltd [2009] NTCA 4
Building - Construction Contracts (Security of Payments) Act (NT) - Whether the appointed adjudicator made his determination in accordance with the requirements of the adjudication process fixed by the Act - Whether adjudicator failed to determine issues raised - Whether a valid “payment claim” existed under the contract and within the meaning of the Act to give rise to a “payment dispute” - Appeal allowed.
Legislation Cited:
Building and Construction Industry Security of Payment Act 1999 (NSW); Construction Contracts (Security of Payments) Act (NT)More...

Radisich v Molina & Ors [2009] FMCA 1121
Evidence - Witness - application to cross-examine own witness under s.38 of the Evidence Act 1995 (Cth) - purpose of s.38 - evidence unfavourable to the party calling the witness - meaning of “unfavourable” - whether evidence neutral or inconsistent - discretionary considerations under ss.38(6) and 192(2) of the Evidence Act 1995 (Cth).
Industrial Law - Civil penalty proceedings.
Legislation Cited:
Building and Construction Industry Improvement Act 2005 (Cth); Evidence Act 1995 (Cth); Workplace Relations Act 1996 (Cth)More...