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Commonwealth
Swan wants mining tax resolved promptly
27 June 2010
Deputy Prime Minister Wayne Swan wants to end the impasse with miners over the resource super profits tax as “promptly as possible” but won’t put a timetable on negotiations. The Government now appears willing to discuss all elements of the tax - previously, the unpopular 40 % rate of the tax was off limits. More....
Infrastructure spending to fall from the next financial year
25 June 2010
State and federal government infrastructure spending is set to slump from the next financial year and will hit construction and engineering companies, building suppliers and steelmakers, according to Royal Bank of Scotland research. These include constructors such as Leighton Holdings, steel suppliers BlueScope and OneSteel, and maintenance service firms such as United Group, Downer EDI and Transfield Services. More...
Buildings to get energy efficiency tick
24 June 2010
Federal Parliament has passed new laws today which mean from July 1 anyone leasing or buying a property in a commercial building must be provided with a current energy efficiency certificate. Energy Efficiency Council chief executive Rob Murray Leach says it is one of the most important pieces of environmental legislation in Australia because it puts power in the hands of consumers. More...
New requirements for installing solar photovoltaic (PV) panels
21 June 2010
The Government has announced that companies seeking to install solar photovoltaic (PV) panels under the Government’s Renewable Energy Target will be subject to tougher safety, licensing and compliance requirements from today. To be eligible for Renewable Energy Certificates (RECs), installations must now comply with state and territory regulations for siting solar panels and building codes, including for panel mountings and connection. More...
Insulation industry worried by ‘sloppy inspections’
23 June 2010
Insulation installers and industry groups are worried that the Government’s safety inspections are being carried out by people who are not properly trained. More...
Housing Ministers create ‘illusion’ of action
16 June 2010
State and federal Housing Ministers have created an “illusion” of government action on housing affordability, the head of the Australian Local Government Association (ALGA) has said. Peter Brain of National Economics conducted this year’s report and says under-investment in infrastructure over the last 20 years is to blame. More...
High-rise developments may be forced through
17 June 2010
Councils have accused the states of examining a radical planning overhaul that would allow “tick and flick” high-rise unit developments and override community objections as part of moves to ease the affordable housing shortage, with the ALGA examining reforms to multi-unit development assessments. More...
A-G: New arbitration laws a coup for Australia
18 June 2010
The Attorney-General, Robert McClelland, has welcomed the passage of amendments to the International Arbitration Act, with amendments to the International Arbitration Act that will promote greater efficiency in the arbitration process through the adoption of international best practice in arbitration law. More...
Leighton Holdings win $1.5 billion in multiple contracts
17 June 2010
Leighton Asia won a six year contract extension worth $1.1 billion to expand mining services at MSJ coal mine in Indonesia for PT Mahakam Sumber Jaya (MSJ). Thiess Services was awarded a $405 million contract from BHP Billiton to undertake remediation works at the Hunter River Remediation Project in NSW. More...
A-G: Legislation to help resolve disputes out of court
16 June 2010
New introduced legislation will improve access to justice by requiring people to take genuine steps to resolve their legal disputes before going to court. The Civil Dispute Resolution Bill 2010 will require prospective litigants to lodge a statement with the court detailing what steps they have taken to resolve their dispute. More...
New South Wales
Councils band together to fight changes to developer contributions
16 June 2010
Mayors and General Managers from across NSW met with the Local Government and Shires Associations of NSW in Canberra to express their anger with changes to developer contribution provisions. The new policy, which places an absolute cap on development contributions and prohibits councils from levying for general community infrastructure, will unnecessarily strip local government of hundreds of millions of dollars. More...
Fine sends strong message to unlicensed trader
22 June 2010
An unlicensed trader from Sydenham who carried out electrical wiring work has been ordered to pay $13,350 in fines and costs by Parramatta Local Court. Fair Trading Minister Virginia Judge said Bashar El Debel was convicted under the Home Building Act 1989 of two counts of unlicensed residential building work and two counts of falsely representing that he held an appropriate licence. More...
NSW boosts port infrastructure
17 June 2010
The NSW government will invest $314.4 million in projects to improve and upgrade infrastructure at Port Botany. Ports and Waterways Minister Paul McLeay says a further $168.7 million will be spent on the $1 billion Port Botany Container Terminal Expansion project. More...
Victoria
1 July brings in generous first home bonus and tax cuts
25 June 2010
Victorians buying their first home from 1 July will have access to the most generous first home bonuses in Australia - worth up to $20,000 for newly constructed homes in Melbourne and $26,500 in regional Victoria. Mr Lenders said the generous first home bonuses will help our construction industry stay strong, creating thousands of jobs for Victorian builders, plumbers, electricians, carpenters and other trades people. More...
$1.35 million link to ease Warragul heavy vehicle traffic
24 June 2010
In Gippsland to brief key community stakeholders on the $631 million Ready for Tomorrow: A Blueprint for Regional and Rural Victoria, Regional and Rural Development Minister Jacinta Allan said the Brumby Labor Government would contribute $675,000 from the Regional Infrastructure Development Fund towards the $1.35 million Hazel Drive Industrial Estates Transport Linkages project. More...
Landmark civil justice reforms to change court culture
21 June 2010
Time limits on talkative barristers, new standards of conduct to stop game-playing, and requirements on parties to try and resolve disputes before going to court are among Brumby Labor Government reforms that aim to redress the balance in civil court proceedings. More...
Ready for tomorrow: $71.4 million roads and bus boost to keep communities connected
15 June 2010
A $71.4 million investment for roads infrastructure and bus improvements to better connect people living in regional and rural Victoria is a major part of the Victorian Government’s $631 million Ready For Tomorrow: A Blueprint for Regional and Rural Victoria. This package will support improvements to regional road connections as well as assisting local government upgrades to local roads. More...
Premier announces major upgrades for Westsale and Bairnsdale aerodromes
18 June 2010
Two Gippsland aerodromes will receive a major $5.2 million boost from the Victorian Government to create new opportunities for tourism, freight, and emergency services provision in the region.The Premier, John Brumby, announced plans today to modernise and redevelop the airports to bring them up to current aviation standards. More...
Port of Geelong an economic boon for Victoria
18 June 2010
Trade through the Port of Geelong is set to triple by 2030, providing a $220 million boost for the local economy and the state of Victoria, Roads and Ports Minister Tim Pallas has announced. Expected increased trade will create a need for construction and upgrade of port facilities and the movement of additional cargo. More...
Queensland
Ingenero wins UQ contract for Australia’s biggest flat panel PV solar array
24 June 2010
The University of Queensland has awarded the contract to install its $7.75 million, 1.2megawatt photovoltaic solar array to Brisbane firm Ingenero Pty Ltd. Ingenero will partner with one of the world’s leading solar photovoltaic (PV) companies, Trina Solar, which will supply the system’s panels. More...
Hardie sues Queensland government over its asbestos exposure
12 June 2010
The State Government is fighting back against the latest claim, arguing that the then-Queensland Housing Commission did not owe a duty of care to the carpenter, who is now suffering from asbestos. James Hardie is suing the Queensland government, accusing the state of failing to protect a sub-contracted carpenter from deadly James Hardie asbestos products in the 1950s and 60s. More...
Continued negligence exposing Queensland schools to asbestos
19 June 2010
An independent audit and review has found Queensland students and teachers are continuing to be exposed to asbestos because of negligence and significant flaws in the way the potentially deadly fibre is managed. Auditor John Gaskin said there was currently “no requirement for the reviewing of a contractor’s compliance with BSA (Building Services Authority) licensing or asbestos management qualifications”. More...
Queensland gas project gets environmental go ahead
25 June 2010
Queensland is a step closer to a new natural gas industry after the Curtis LNG project received state environmental approval. It comes with strict conditions on project owner Queensland Gas, including the provision of affordable housing for Gladstone and the The Western Downs. The Curtis LNG project still has to gain Commonwealth environmental approvals and a final investment decision. More...
Qld government commits $20m to bus projects
22 June 2010
The Queensland Government is investing almost $20 million in new bus infrastructure on the Sunshine Coast. The Queensland Government, through TransLink, is injecting $5 million into the project, along with $3 million from the Federal Government’s $1 billion Regional and Local Community Infrastructure Program. More...
Contract heralds future success for company in China
22 June 2010
Treasurer Andrew Fraser announced that global design practice, Populous, had been selected to design a new sporting hub in the historic city of Datong, near Beijing in northern China. More...
Duplicate review of Building Services Authority launched
22 June 2010
Mr Schwarten said that all BSA legislation passed in Parliament over the past decade had been unanimous and support for the BSA had been bipartisan. Last year the BSA dealt with 6200 disputes between consumers and builders. More...
Queensland company first in line for energy conservation services in China
22 June 2010
Total Energy Solutions (TES) continues to lead the way in providing solutions to reduce greenhouse gas emissions and reducing energy costs for Chinese government and public organisations, officially appointed as a preferred supplier of energy conservation services for Government buildings in the Xuhui District of Shanghai. The World Bank estimates that half of the world’s building construction will take place in China by 2015. More...
Government tenders called for Whitsunday Coast Airport upgrade
16 June 2010
Mr Hinchliffe said the call for tenders followed the Bligh Government’s allocation of $7 million for major works. He said the successful tenderer would undertake significant works at the existing terminal, including the expansion and reconfiguration of the check-in area, an improved baggage claim facility and an air-conditioned departure lounge. More...
Other
No criminal charges over roof insulation fires
21 June 2010
The Director of Public Prosecutions (DPP) has decided not to lay criminal charges against contractors accused of incorrectly installing ceiling insulation in Canberra homes. More...
Publications/Conferences
CTH: New Safety Rules for Solar Panel Installations In Australia
21 June 2010
Companies seeking to install solar panels under the Government’s Renewable Energy Target (RET) will have to comply with more stringent safety and compliance requirements from today. To be eligible for Renewable Energy Certificates (RECs), installations must now comply with state and territory regulations for siting solar panels and building codes, including for panel mountings and connection. Installers must also be both Clean Energy Council (CEC) accredited and licensed electricians, with the exception of some remote off grid solar power systems. More...
CTH: FSO Incident Report Forms from 1 July 2010
The reporting changes announced by the Federal Safety Commissioner on 24 May take affect on 1 July 2010. From this date, accredited contractors will be required to complete the new template Incident Report. More...
QLD: Plumbing and Building information sessions
During June 2010, Building Codes Queensland officers will be hosting information sessions across the state regarding: solar and heat pump hot water system installation licence endorsement, swimming pool safety, sustainability issues, including 6-star housing, electricity sub-metering, ‘ban the banners’, sustainability declaration and end-of-trip facilities, fire safety (maintenance, residential care buildings, budget accommodation buildings), building in designated transport noise corridors, temporary accommodation buildings (where applicable) and the Sustainable Planning Act 2009 and recent Building Act 1975 changes. Building: More...Plumbing: More...
QLD: Queensland Building Services Authority Act 1991 - Setting of insurance premiums for residential construction work: Queensland Home Warranty Scheme
Pursuant to section 68D of the Queensland Building Services Authority Act 1991 the insurance premium payable by a licensed contractor or licensed construction manager for residential construction work, as of 1 July 2010, is to be in accordance with Schedule 1. The minimum premium is $178.10 and the maximum is $4629.60. More...
Legislation
Commonwealth
Regulations
Independent Contractors Amendment Regulations 2010 (No. 1)
Renewable Energy (Electricity) Amendment Regulations 2010 (No. 3)
Bills
Civil Dispute Resolution Bill 2010
Queensland
Regulations
Mines and Energy Legislation Amendment Regulation (No. 1) 2010
Public Works Legislation Amendment Regulation (No. 1) 2010
Mines and Energy Legislation Amendment Regulation (No. 2) 2010
Petroleum and Gas (Production and Safety) Amendment Regulation (No. 2) 2010
Building and Other Legislation Amendment Regulation (No. 3) 2010
Transport Infrastructure (Rail) Amendment Regulation (No. 1) 2010
Environmental Protection (Waste Management) Amendment Regulation (No. 1) 2010
Uniform Civil Procedure Amendment Rule (No. 2) 2010
Justice Legislation (Fees) Amendment Regulation (No. 1) 2010
New South Wales
Regulations
Electricity Supply (General) Amendment (Solar Bonus Scheme) Regulation 2010
Fair Trading Amendment (Aquatic Toys and Flotation Aids) Regulation 2010
Environmental Planning Instruments
State Environmental Planning Policy No 53 - Metropolitan Residential Development Amendment (Ku-ring-gai) 2010
Bills passed by both Houses of Parliament
Commercial Arbitration Bill 2010
Courts Legislation Amendment Bill 2010
Duties Amendment (NSW Home Builders Bonus) Bill 2010
Fair Trading Amendment (Unfair Contract Terms) Bill 2010
Home Building Amendment (Warranties and Insurance) Bill 2010
Victoria
Acts
Building Amendment Act 2010
Bills
Civil Procedure Bill 2010
Energy and Resources Legislation Amendment Bill 2010
Regulations
Electricity Safety (Electric Line Clearance) Regulations 2010
Cases
Robertson v Knott Investments Pty Ltd [2010] FCA 619
Practice and procedure - stay of order for payment of costs - balance of convenience - stay refused. The Notice of Motion as filed on 1 June 2010 is dismissed. The Applicant on the Motion, Mr Robertson, is to pay the costs of the Respondent. Respondent is a company that designs and manufacturers Winnebago Motor Homes. More...
Bitech Engineering v Garth Living Pty Ltd [2010] FCAFC 75
Patents - patent for apparatus for simulating flames - infringement - additional integer present in the heaters –whether respondents’ heaters contained all the essential integers of the claim. Patents - validity - whether the claims are fairly based on the specification - consistory clause in specification describes invention in same terms as the claim - whether specification discloses an invention narrower than the consistory clause - preferred embodiments do not limit the invention. More...
Neumann Contractors v Wyong Shire Council [2010] NSWSC 614
Building and engineering contracts - action by Council to recover alleged overpayment from contractor - contract to rehabilitate and redevelop disused landfill - where specification required plaintiff to excavate to ‘top of waste profile’ - where Council claimed that contractor over-excavated - whether contract required or permitted contractor to excavate existing fill beyond the top of waste profile if the material then at the top of waste profile met the specification requirements for cover soil - whether contract required or permitted the contractor to excavate more than 100mm below the top of waste profile if additional excavation was necessary to ensure the cover soil layer met the specification requirements - whether excavation beyond the top of waste profile required Council approval - whether Council gave approval - whether excavation in fact performed affected ability of site to be impact rolled - whether impact rolling should take place on 100mm cover soil - whether thickness of cover soil layer as a working surface was part of temporary works necessary for contractor to undertake as part of lump sum provided for impact rolling - whether impact rolling trial was a variation - whether importing and laying of crushed sandstone compensable under contract - appropriate rate payable - whether contract included a fixed price for piling of underground tanks - what amount was agreed to be paid for piling of underground tanks. More...
Ariss v Building Practitioners Board [2010] VSC 295
Administrative law - occupational licensing - building practitioners - Building Practitioners Board - inquiries and disciplinary action - whether board has jurisdiction where builder’s registration is suspended after inquiry was commenced - Building Act 1993, ss 175, 177, 178, 179 and 179A - Building (Amendment) Act 2001. More...
Metacorp Australia Pty Ltd v Andeco Construction Group Pty Ltd & Ors (No 2) [2010] VSC 255
Building contracts - Finding of breach of the rules of natural justice in respect of an adjudication under the Building and Construction Industry Security of Payment Act 2002 (Vic) (the “Act”) - Consequential finding that the adjudication determination was invalid - Relief in the nature of certiorari granted - Adjudication determination quashed - Adjudication application remitted back to the nominating authority appointed under the Act for reference to an adjudicator to be determined in accordance with law. More...
D & M (Australia) Pty Ltd v Crouch Developments Pty Ltd [2010] WASC 130
Arbitration - Award of arbitrator - Application for leave to appeal on question of law - Whether various findings by arbitrator provide strong evidence of or amount to a manifest error of law. Arbitration - Application to set aside award for misconduct - Whether arbitrator breached rules of natural justice by determining an issue not pleaded - Factors governing the exercise of the discretion to set aside award. Application for leave to appeal dismissed - Application to set aside award for misconduct allowed in part - Matter remitted back to arbitrator for reconsideration of decisions as to costs. More...