What's News

PDF DOWNLOAD

Commonwealth

Sigh of relief from the construction sector
7 July 2010
The decision by the Reserve Bank to leave interest rates on hold was welcomed by the construction industry, which has experienced a sharp rise in costs over the past three months. Davis Langdon’s senior economist said a rise in construction costs in Melbourne and Sydney was the result of workloads bolstered by the federal school building program, a strong revival in apartment construction, and some improvement in the commercial and industrial construction sectors. More...

First national long-term project pipeline
2 July 2010
Infrastructure Australia’s list of crucial nation-building projects sets out a long-term pathway toward better national infrastructure networks, with more than $83 billion in projects on this list it is clear Australia will need a long-term and stable partnership between the Commonwealth, states and private sector to fund the projects this country needs. More...

Victoria

Government denies right to know rip off
28 June 2010
The Melbourne Metropolitan Transport Forum on infrastructure project evaluation says confidentiality is the mantra for blocking access to information. Risks of poor quality assessments in general are compounded by the fact that there is little transparency in project appraisal with no jurisdiction that systematically publishes cost benefit analyses. More...

Melbourne metro rail “nationally significant”
2 July 2010
Melbourne commuters will be winners after Infrastructure Australia identified the Melbourne Metro Stage One project as a project of national significance according to Infrastructure Partnerships Australia – the nation’s peak infrastructure body. More...

Melbourne to Geelong pipe contract awarded
10 July 2010
Barwon Water has awarded a contract for the supply of pipes, valves and fittings for the Melbourne to Geelong Pipeline to Australian-owned company Fibrelogic. The pipeline will enable Geelong, the Bellarine Peninsula and the Surf Coast to tap into the Brumby Government’s major water projects including the Sugarloaf Pipeline and the desalination plant from the end of 2011. More...

Tenders called for freight infrastructure charge
7 July 2010
The Victorian Government has short-listed five companies to deliver the Freight Infrastructure Charge collection service at the Port of Melbourne, Acting Roads and Ports Minister Peter Batchelor announced today. Mr Batchelor said following the recent Expressions of Interest process, the five companies were now required to tender to implement and deliver the collection service. More...

Capital grants for non-government schools
7 July 2010
Announcing the grants, Education Minister Bronwyn Pike said 29 schools, including 22 Catholic and seven Independent will share in $7.5 million – the third and final tranche of the $30 million Needs Based Capital Funding for Non-Government Schools initiative. More...

Victoria leads the way on public and private building
6 July 2010
Victoria is leading the nation in helping people into housing, with the Victorian Government exceeding its targets for public housing and the private building sector continuing to perform very strongly. Mr Brumby said that under the Gillard Labor Government’s record $1.2 billion Nation Building investment, Victoria has delivered 746 homes to date, and is on track to deliver 4500 new homes by 2012, exceeding the target by 572 homes. More...

Close the door on dodgy driveway deals
5 July 2010
Consumer Affairs Minister Tony Robinson has warned residents of Melbourne’s outer suburbs to watch out for travelling conmen offering cheap driveway resurfacing deals. Mr Robinson said households in Montrose, Rockbank and Boronia have recently been approached by traders offering to resurface their driveways with asphalt left over from other jobs in the area. More...

$260 million regional infrastructure boost commences
2 July 2010
A record $260 million top-up for regional infrastructure support from the Brumby Labor Government begins this month, in a sign the Government’s $631 million Ready for Tomorrow: A Blueprint for Regional and Rural Victoria is already creating greater prosperity and more opportunities for regional communities. More...

Planning delays add $50k to Melbourne homes
28 June 2010
New research shows planning delays are adding an average of $50,000 to the cost of a new home in outer suburban Melbourne. A survey by the Master Builders Association indicates builders are waiting an average of 29 weeks to secure a planning permit in the outer suburbs. More...

$2 million to strengthen and support green plumbing
1 July 2010
Premier John Brumby has announced $2 million over three years to develop Victoria’s green plumbing skills and help tackle climate change. Mr Brumby said the funding boost would expand the PlumbSmarter program to include incentives for plumbers to recommend and install sustainable plumbing fixtures. More...

New South Wales

Sydney’s lack of priority projects
2 July 2010
NSW has failed to secure priority support for any of its major projects because of its on-again, off-again transport planning – says Infrastructure Partnerships Australia, the nation’s peak infrastructure group. More...

DIY principals may lose millions for not finishing buildings
9 July 2010
The scale of the stimulus program in NSW combined with tight deadlines set by the federal government means little time for principals or school community members to learn on the job how to manage complex projects. Principals are legally and personally liable as the main contractor overseeing occupational health and safety laws, child protection regulations, quality assurance and insurance. More...

Queensland

Second independent report into BER program released
8 July 2010
An independent examination of the Building the Education Revolution (BER) Program in Queensland state schools claims the infrastructure program is achieving value for money in state schools. Complaints included project delays, fees, procurement and value for money. More...

New defence and aerospace hub a step closer
3 July 2010
Following Ipswich City Council’s approval, the State Government can progress what will be a hub for national defence, aviation and aerospace industries. Mr Hinchliffe said the State Government had committed $30.5 million from the Estates Construction Fund to develop the project. This approval provides the basis for further proposals to secure funding for the planned $150 million facility. More.

Australian Rail Track Corporation takes stake in Queensland Rail bid
9 July 2010
The federal government has stepped up its battle with Queensland over the privatisation of Queensland Rail. The Australian Rail Track Corporation has confirmed that it would be take up equity in Queensland Coal Industry Rail Group, a group of miners that has offered $4.85 billion for the Queensland coal railways ahead of QR’s privatisation later this year. More...

Governments are building Cairns’ transport future
7 July 2010
The federal and state governments have released a thirty year transport blueprint for Cairns. The master plan establishes the multimodal corridor needs in the region and provides a degree of certainty to landholders and developers about which corridors are no longer on the table. More...

Eagle Junction set for $10 million make-over
7 July 2010
The Government has announced the largest station clean-up blitz in Queensland Rail’s 145-year history will start with a $10 million revamp of Eagle Junction “from the ground up”. Transport Minister Rachel Nolan said the station renovation is part of the $200 million allocated in the 2010/11 Budget to upgrade one third of stations across the SEQ network. More...

Insulation installation company charged after death of teenager
29 June 2010
Queensland’s Department of Justice and Attorney-General has laid charges against an insulation installing company after the death of a teenage worker. Arrow Property Maintenance has been charged with breaching section 30 of the Electrical Safety Act 2002 for allegedly failing to conduct its business or undertaking in a way that was electrically safe. More...

Publications/Conferences

Safe Work Australia follow-up report on asbestos risks
30 June 2010
Safe Work Australia Chair has released the Asbestos Exposure and Compliance Study of Construction and Maintenance Workers: Follow-up Report. The initial study targeted four trades: electricians, carpenters, plumbers and painters. The present report is a follow up report of the initial descriptive report from the Asbestos Exposure and Compliance Study. More...

ABCB: Beware of Non-compliant Thermal Insulation
29 June 2010
Building practitioners are reminded that it is mandatory for all thermal building insulation products to be installed in new houses to comply with the labelling, testing, quality assurance and other requirements in the Building Code of Australia (BCA). More...

QLD: Amended plumbing and drainage forms
2 July 2010
Notifies that new versions of mandatory forms 1-10 under the Plumbing and Drainage Act 2002 (PDA) are now available on the Department of Infrastructure and Planning’s website and amended versions of forms 21–35 will be available soon. More...

QLD: Plumbing legislative changes
8 July 2010
Notifies recent changes to plumbing laws relating to large grey water treatment systems, licensing arrangements for teachers, licensing fee amendments, designating a local government for a remote area and clarifying the scope of work for a restricted water plumber – electrical. More...

NSW: Building Code of Australia 2010 – key changes
8 July 2010
This circular briefly outlines to councils, certifiers, industry practitioners and other stakeholders the key changes made to the Building Code of Australia in 2010 as they apply to NSW. More...

VIC: Introducing the Transport Integration Act 2010
The Transport Integration Act 2010, Victoria’s new principal transport legislation, comes into effect on 1 July. The focus is ensuring a sustainable and integrated transport system. The Act requires all agencies responsible for land-use planning to take into account the new Act when making decisions that will impact on the transport system. More...

NSW: Draft Building Code of Australia (BCA) 2011 available for comment
29 June 2010
Reminder: This circular is to advise councils, certifiers, industry practitioners and other stakeholders of the availability of the draft of BCA 2011 for public comment. Practitioners are encouraged to review the draft proposals and email their comments to This e-mail address is being protected from spambots. You need JavaScript enabled to view it by Monday 2 August 2010. More...

NSW: BCA 2010 Volume Two – Application of swimming pool barrier provisions
30 June 10
This circular is to advise councils, certifiers, relevant government agencies, industry groups and other stakeholders of an inconsistency in BCA 2010 regarding barriers to swimming pools associated with Class 1 buildings in NSW, and the intended application in NSW of the relevant BCA provisions. More...

NSW: Discussion paper – Proposed expansion of the NSW Housing Code
5 July 2010
The NSW Housing Code is an important State wide planning policy which allows homeowners to get approval for new homes, renovations or extensions within ten days. Submission close on 5 August 2010. More...

Legislation

Commonwealth

Acts
International Arbitration Amendment Act 2010
Building Energy Efficiency Disclosure Act 2010
Renewable Energy (Electricity) Amendment Act 2010

Regulations
National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2010

Queensland

Regulations
Proclamation commencing certain provisions of the Building and Other Legislation Amendment Act 2010

New South Wales

Acts
Building and Construction Industry Long Service Payments Amendment Act 2010
Home Building Amendment (Warranties and Insurance) Act 2010
Commercial Arbitration Act 2010
NSW Self Insurance Corporation Amendment (Home Warranty Insurance) Act 2010

Regulations
Building and Construction Industry Amendment (Industrial Instruments) Regulation 2010

Environmental Planning Instruments
State Environmental Planning Policy (Infrastructure) Amendment (Landfill) 2010
State Environmental Planning Policy (Major Development) Amendment (Rise Bilambil Heights) 2010

Victoria

Acts
Radiation Amendment Act 2010
Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010

Regulations
Heritage (Infringement Notice) Amendment Regulations 2010
Country Fire Authority Amendment Regulations 2010

Cases

Plastec Australia Pty Ltd ACN 093 513 467 v Plumbing Solutions and Services Pty Ltd (No. 2) [2010] FCA 670
Practice and procedure – consideration of an application to set aside a subpoena. More...

Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd [2010] FCA 662
Intellectual property – patents – appeal and cross-appeal in the Federal Court from final determination of the Commissioner’s delegate – issues to be determined on appeal – whether arguments raised in appeal of original decision can be agitated on appeal from final determination where no appeal from amendment decision – subject matter of appeal – additional evidence of prior art – characterisation of appeals from the Commissioner in the Federal Court – hearing de novo – whether appeals should be consolidated. More...

Lipman Pty Limited v Emergency Services Superannuation Board [2010] NSWSC 710
Contract – construction – building contract – alternative dispute resolution provision – where the parties refer disputes for expert determination which the provision provides is final and binding but subject to an appeal procedure which involves an attempted negotiated settlement – where the provision provides that the expert determination is to be final and binding unless reversed or overturned or otherwise changed under such procedure – where such procedure did not result in reversal, overturning or change – whether the parties intended the same claims to be determined by different tribunals – held expert determination binding. Building and Construction Industry Security of Payment Act 1999 – Trade Practices Act 1974 (Cth). More...

Boral Window Systems Ltd v Rolfe & Anor [2010] QSC 246
Costs – Costs assessment by assessing Registrar, not appointed practitioner assessor – when appropriate – plaintiff Boral Window Systems Ltd pay CSR Building Products Limited’s costs limited to the hearing. More...

The Owners Strata Plan 62930 v Kell & Rigby Holdings Pty Ltd [2010] NSWSC 612
Building and construction – owners corporation claim against developers and builder for breach of statutory warranties – assessment of damages for breach – held various breaches of statutory warranty established were breaches causative of loss – reasonableness of rectification sought – limitations – whether developers’ cross-claim against builder was statute barred – held – developer’s claim for equitable contribution was not statute barred – apportionment of liability as between developers and builder. More...

Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd [2010] QSC 238
Contracts – building, engineering and related contracts – performance of work – time – where applicant and respondent entered into a building contract in relation to a redevelopment – where numerous disputes arose in the course of the project – where parties’ dispute about calculation of certain extensions of the date for practical completion has been determined by a programming expert – where a quantity surveyor is to quantify any claim for delay costs – where parties are in dispute as to whose role it is to determine whether the extensions of time give rise to an entitlement to delay costs – whether it was the programming expert’s role to determine if extensions of time give rise to delay costs – whether programming expert performed such role. Contracts – building, engineering and related contracts – the contract – construction of particular contracts and implied conditions – determination of cost – whether on the proper construction of the agreement by which the entitlement to delay costs claims were referred to the programming expert it was intended by the parties that he determine questions of entitlement to delay costs. Procedure – Supreme Court procedure – procedure under rules of court – amendment – where applicant given leave to amend its originating application to seek declarations – whether applicant should have leave to further amend originating application to seek a further declaration. More...

Jackson v Building Appeal Board [2010] TASSC 29
Administrative law – Judicial review – Reviewable decisions and conduct – Grounds of review – Error of law – Grant of building permit – Building Appeal Board not to grant permit if not satisfied of specified matters – Specified matters included whether planning permit required and had been granted – Question of whether permit validly granted by council – Whether Board failed to exercise its jurisdiction by not deciding the question for itself – Whether Board erred as to finding that legally open for council to grant permit. Environment and planning – Development control – Classification of uses – Generally – Primary and secondary use classes – Use acknowledged in development application as secondary use – Development did not comply with standards for secondary use – Ambiguity in application – Open to treat use as ancillary to primary use – Whether planning authority bound to assess application on secondary use basis. More...

Contact details

Melbourne

St John Frawley
Partner
T: +61 (0)3 9321 9767
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Chris Edquist
Partner
T: +61 (0)3 9321 9919
E: : This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Sydney

Amanda Davidson
Partner
T: +61 (0)2 8083 0333
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Grant Parker
Partner
T: +61 (0)2 8083 0428
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Brisbane

Stephen Pyman
Partner
T: +61 (0)7 3135 0625
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Scott Lambert
Partner
T: +61 (0)7 3135 0681
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it