What's News?
PDF DOWNLOADNews
Construction falls in August to lowest level in two years
8 September 2011
A sharp fall in new orders together with weak activity across all major sub-sectors saw the national construction industry fall to its lowest level in almost two and half years in August. A lack of incoming work and new tender opportunities meant apartment and commercial construction recorded the sharpest declines in the month. More…
Regional Development Australia Fund branches out to councils
8 September 2011
The (RDAF) is a $1 billion federal program investing a first round of $150 million in 35 projects worth almost $418 million. Most of the projects fall under local government, with clubs, societies and non-for-profit organisations making up the remainder. These projects are primarily community buildings, cultural and tourist projects, training centres and regional airport upgrades.More…
Housing to 2020 report shows massive undersupply issue
6 September 2011
The Housing Industry Association - JELD-WEN Housing to 2020 report was released this week, with the authors saying it further reveals a huge undersupply issue. The report’s projections highlight just how large the aggregate housing supply challenge facing Australia has become. Seven of the twenty LGA’s with the largest projected housing shortfall by 2020 are in Western Australia, six are in Queensland, five are in NSW, and two are in the Northern Territory. More…
Government allocates green building funds
1 September 2011
The Government has announced $35.2 million in funding to green retrofit 90 commercial buildings nationally. Funding from the Green Building Fund and Tax Breaks for Green Buildings Program will be used to transform buildings, which include hotels, shopping centres and office blocks. More…
Residential Mandatory Disclosure Regulatory Impact Statement
2 September 2011
The Department of Climate Change and Energy Efficiency has commenced a nation-wide consultation process into the proposed regulations for the mandatory disclosure of residential building energy, greenhouse and water performance. Residential Mandatory Disclosure Regulatory Impact Statement
Building approvals up, new home sales down
1 September 2011
The monthly volume of residential building approvals improved slightly in July, softening the blow that new home sales are at their lowest point in 10 years, according to the Housing Industry Association. In the month of July 2011 total seasonally adjusted building approvals rose by 1.0 per cent, although they are down by 6.4 per cent over the three month period. More…
NSW Government to increase Sydney housing supply by 50 per cent
8 September 2011
The NSW government has announced plans for a 50 per cent increase in Sydney’s housing supply to 25,000 new homes a year is welcome step forward. According to the Urban Taskforce, the plan refers specifically to Sydney, as opposed to the entire state of NSW. More...
Tentative steps towards rebuilding NSW
7 September 2011
NSW Premier Barry O’Farrell and Treasurer Mike Baird said the 2011-2012 Budget delivers getting on with the job of improving services, building infrastructure and protecting the State’s. Within the budget about 4000 extra frontline staff has been promised to the State’s hospitals, schools and police stations over the next five years. More…
$6.55 million for Split Rock dam to Barraba Pipeline
6 September 2011
The Government has announced funding towards the $19.7 million project to build a new 27 kilometre pipeline to supply water from Split Rock Dam to Barraba residents. The Government feasibility study completed in May 2011 found the pipeline to be a feasible option to help secure the water supply, with funding for the project to be provided under the Australian Government’s Water for the Future. More…
Victorian building permit activity - $2.2 billion in July 2011
8 September 2011
Building permit activity in Victoria reached $2.2 billion in July 2011, the second highest start to a financial year on record behind the $2.3 billion in July 2010. Residential building activity was 55 per cent stronger in July 2011 and retail surged 83 per cent to $159 million. Hospital/Healthcare and Industrial building activity also increased (35 per cent and 17 per cent respectively) from July last year. Victorian building permit activity $2.2 billion in July 2011 (104KB)
New report highlights safety hazards in the home for older Victorians
6 September 2011
More than 66,000 elderly Australians are taken to hospital in a typical year after suffering a fall. This figure is part of the latest Safe and Sound report from Archicentre released by Housing Minister Wendy Lovel. New report highlights safety hazards in the home for older Victorians
Electrical industry body disappointed by Victorian solar decision
6 September 2011
The National Electrical and Communications Association (NECA), today expressed its disappointment at the Victorian Government’s decision not to continue with the 60 cents per kilowatt hour Premium Feed-in Tariff (PFIT) for small scale solar systems. More…
Expressions of Interest released for new and bigger Bendigo Hospital
1 September 2011
Victoria’s biggest-ever regional hospital project, the new world-class Bendigo Hospital, today moved a step closer to construction, with the Minister for Health David Davis releasing invitation for Expressions of Interest. Expressions of Interest released for new and bigger Bendigo Hospital
Brisbane’s Busway network on schedule
9 September 2011
BrisConnections CEO Dr Ray Wilson said the combined Airport Link projects were now 84 percent complete and on schedule for completion in mid 2012. Once construction is complete, the Northern Busway (Windsor to Kedron) will be handed over to the Queensland Government for final fit- out and commissioning by TransLink. More…
New Draft bunk bed regulations for short term accommodation
8 September 2011
The State Government publishes draft regulations for consultation with a view to placing strict safety standards on bunk beds in short term accommodation. Accommodation providers will have two years to transition to the new arrangements and ensure upper bunks are protected with a guard rail on all four sides except when the bed is affixed to a wall. More…
Building Boost legislation introduced by State Government
8 September 2011
Treasurer Andrew Fraser has introduced the Building Boost Grant Bill 2011 into Parliament, locking in the Bligh Government’s $140 million reforms to boost housing construction across the state. Other proposed amendments within the Bill to the State Development and Public Works Organisation Act would enable the recovery of costs for Government activities relating to Infrastructure Facilities of Significance. More…
Showground Hill launched at Iconic RNA Showgrounds
7 September 2011
The Premier said the project showed the importance of a collaborative approach between government, the RNA, Lend Lease and the Urban Land Development Authority. Infrastructure work will begin almost immediately, including upgrading the 130 year old stormwater system and construction of ‘The Green’ will begin early in 2012. More…
Housing affordability for the Sunshine Coast with Bellvista 2 approval
7 September 2011
Deputy Premier and Local Government Minister announces the approval by the Urban Land Development Authority for two development applications at Bellvista 2 as part of the Caloundra South UDA. The Caloundra South Urban Development Area (UDA) was declared 22 October 2010 and covers 2,360 hectares. More…
Consultation invited for Amberley highway intersection upgrade
7 September 2011
Main Roads Minister Craig Wallace is encouraging locals to have their say on the draft plan to upgrade the Cunningham Highway intersection at Amberley. The upgrade will also service additional traffic generated by the proposed Amberley Aerospace and Defence Support Centre and the ongoing expansion of the RAAF Airbase at Amberley. More…
State Government lays groundwork for new investment in major projects
6 September 2011
The State Government announces plans to attract private sector investment to deliver two new major projects and further boost the growing coal industry. The Queensland Treasury had been tasked with investigating investment opportunities to fund the Connors River Dam and proposed Multi-Cargo Facility at Abbot Point.More…
Shortlisted bidders receive hospital tender documents
1 September 2011
The Queensland Government’s $2.03 billion Sunshine Coast University Hospital has progressed further with the issue of tender documents to shortlisted bidders. Exemplar Health, Sunshine Coast Health Partners and Salus Partnership were named as the top three constortia back in July following an international hunt for contractors. More…
Publications/ Conferences
New protectionism under carbon pricing: case studies of LNG, coal mining and steel sectors
Tony Wood, Tristan Edis, Grattan Institute
The Government’s unduly generous assistance to industry under its carbon emissions package may create a new protectionism. The whole community will pay for unjustified subsidies to the LNG and coal industries. New protectionism under carbon pricing: case studies of LNG, coal mining and steel sectors
Green building funds allocation for industry
1 September 2011
The fit-outs the companies will undertake may include new state-of-the-art heating and air conditioning systems, smart room controllers (for hotel guest rooms), energy efficient lighting systems and building energy management systems. From 1 July 2012, eligible businesses that invest in improving the energy efficiency of their existing buildings will be able to apply for a tax break through the $1 billion Tax Breaks for Green Buildings Program. More….
QLD: Online plumbing applications, tempering valves and backflow testing procedures
31 August 2011
Online plumbing applications and outline the requirements for tempering valves and revised testing procedures for backflow prevention devices are now available. Under the PAS, plumbers and builders will be able to keep track of their submitted forms and any associated documents sent to a local government. To confirm whether a local government has signed up to the PAS. Online plumbing applications, tempering valves and backflow testing
NSW: Building Services and Operational Guidelines 2011
7 September 2011
The Guidelines contain general standards and practical pointers for managers of commercial buildings in New South Wales. This new update of the Guidelines also includes a quick checklist to help managers determine what particular items may be applicable to their building. Out now: Building Services and Operational Guidelines 2011
Review of the rollout of the National Broadband Network: first report
7 September 2011
Joint Committee on the National Broadband Network. How to deliver better ICT, focus on the parliamentary oversight responsibility of the rollout of the NBN. Review of the rollout of the National Broadband Network: first report
QLD: Amendments for residential care buildings, pool safety barriers on common boundaries and release of a disability access guideline
7 September 2011
The Building Act 1975 (BA) has been amended to set new fire safety standards for residential care buildings (constructed before 1 June 2007) and adopt new rules for pool safety barriers on common boundaries and a disability access guideline has been released. Amendments for residential care buildings, pool safety barriers on common boundaries and release of a disability access guideline
Legislation
Queensland
Geothermal Exploration Regulation 2005 No.3F
Greenhouse Gas Storage Regulation 2010 No.1D
Mineral Resources Regulation 2003 No.7F
Mining and Quarrying Safety and Health Regulation 2001 No.4
Queensland Heritage Regulation 2003 No.3G
Transport Infrastructure (Public Marine Facilities) Regulation 2011 No.1
Bills
Building Boost Grant Bill 2011
Regulations
Urban Land Development Authority Amendment Regulation (No. 3) 2011
Victoria
Building Amendment (Bushfire Construction) Regulations 2011
Cases
Aquila Coal Pty Ltd v Bowen Central Coal Pty Ltd & Anor [2011] QSC 264
Equity - Equitable remedies - Injunctions - Interlocutory injunctions - jurisdiction and generally - where plaintiff and defendant are parties to a coal mining joint venture - where feasibility study outlined two scenarios for mine development - where Schedule A scenario envisaged project sanction before contracts for port and rail capacity were secured - where Schedule B envisaged project sanction upon securing port and rail capacity, with major development of the mine not to be undertaken before then - where $1.3 billion is required for initial development of mine - where risks associated with Schedule A are said to make the proposal not one that a major financial institution would support by way of project finance - where defendant has already voted for Schedule A at a meeting of the joint management committee - where plaintiff voted against Schedule A and for Schedule B - where defendant proposes to vote for Schedule A again at forthcoming meeting - where joint venture agreement provides that if the plaintiff votes against the Schedule A resolution a second time at the forthcoming meeting, then the defendant has the option to purchase the plaintiff’s share of the joint venture at 50 per cent of its fair market value - where plaintiff alleges that the defendant’s strategy in proposing Schedule A is to exert pressure on the plaintiff and obtain the plaintiff’s share of the venture at an under-value - where plaintiff alleges that this ulterior purpose is in breach of clause 2.11 of the joint venture agreement which requires the joint venture participants to act in “good faith and in the best interests of the Joint Venture” - where plaintiff seeks interlocutory injunction to restrain the defendant from breaching this clause by proposing Schedule A development at pending meeting - whether injunction should be granted. More...
HIH Claims Support Ltd v Insurance Australia Ltd [2011] HCA 31
Equity - Doctrine of contribution - Requirement of co-ordinate liabilities - Sub-contractor insured under insurance policy (“HIH policy”) issued by member of HIH corporate group (“HIH”) and under insurance policy issued by respondent’s predecessor in title - Sub-contractor held liable for damage caused to third party by collapse of scaffold - HIH accepted sub-contractor’s claim for indemnity under HIH policy and paid portion of sub-contractor’s legal costs - After collapse of HIH corporate group, sub-contractor assigned rights against HIH to appellant as trustee under government assistance scheme and appellant paid 90 per cent of amount HIH would have paid under HIH policy in satisfaction of sub-contractor’s liability and defence costs, excluding amounts already paid by HIH - Whether appellant could claim equitable contribution from respondent - Whether liabilities of appellant and respondent co-ordinate - appeal dismissed.More...
The Owners Strata Plan 67202 -v- Laing O’Rourke (BMC) Limited [2011] NSWSC 939
Technology and Construction - motion for summary dismissal of plaintiff’s claim for breach of statutory warranty and negligence - s 18B of the Home Building Act 1989 (NSW) - statutory warranties as to quality of construction work - s 18E(1) of the Home Building Act 1989 (NSW) - proceedings for breach to be commenced within seven years of completion of work - ss 23(1), 24(1), 24(2) and 33 of the Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) - Reg 11(1) of the Consumer, Trader and Tenancy Regulation 2009 (NSW) - s 14(1) of the Limitation Act 1969 (NSW) - whether Home Building Division application lodged with Consumer, Trader and Tenancy Tribunal a nullity such that proceedings statute-barred - held Holding Building Division application contains sufficient particulars - held proceedings also not nullified by failure to comply with regulations - held limitation issues should not be determined in advance of trial where insufficient is known of damage sustained - summary dismissal refused. More...
Xu v Jinhong Design & Constructions Pty Ltd [2011] NSWCA 277
Appeal allowed in part. Remit the proceedings to the Common Law Division, to be heard by a judge other than the primary judge, to determine the respondent’s contract claim but only insofar as it claims damages of $147,159 in respect of part of the original contract sum unpaid and $90,000 arising out of an alleged written variation of the building contract entered into in November 2004, and to make consequential orders. Contract - whether primary judge erred in finding that the appellants promised for consideration to sign forms of guarantee. Contract - guarantees - whether form of guarantee of obligations under building contract covered oral variations to building work when building contract required variations to be agreed in writing. Contract - building - whether Home Building Act requires variations as to the work to be performed under a contract to be in writing - Home Building Act 1989 s 6 and s 7 considered. Trade practices - misleading and deceptive conduct - builder contended that directors of property owner represented that they would sign forms of guarantee when they had no intention of doing so - whether primary judge erred in finding that representations made and constituted misleading and deceptive conduct. More...
Midcoast County Council trading as Midcoast Water v Reed Constructions Australia Pty Ltd [2011] NSWCA 268
Appeal dismissed. Trade Practices - misleading or deceptive conduct - proceedings for payment of progress claim pursuant to s 13 of the Building and Construction Industry Security of Payments Act 1999 - whether appellant was misled in failing to serve in time a payment schedule under s 14 of the Act - whether findings of the primary judge supported by the weight of the evidence - whether primary judge considered irrelevant matters. Building and Construction Industry Security of Payment Act 1999; Trade Practices Act 1974 (Cth). More...
Premium Green Batts v McTaggart [2011] NSWSC 838
Judgment for plaintiff against first defendant in the sum of $2,803,143.24. Contract - contract for supply of insulation batts - failure by purchaser to perform obligations under supply contract - enforcement of guarantee and indemnity given by director of purchaser - claim made out - failure of defences - damages awarded in accordance with terms of guarantee. More...
Dix v Building Professionals Board [2011] NSWSC 926
Administrative Law - Building Professionals Board - investigator appointed to investigate complaints against certifier - finding by Board of professional misconduct on part of certifier based on investigator’s report - investigator did not seek response from certifier concerning material allegations contained in report - Board did not afford certifier reasonable opportunity to be heard on whether conduct constituted unsatisfactory professional conduct or professional misconduct or the appropriate disciplinary orders - denial of procedural fairness. More...
Midcoast County Council trading as Midcoast Water v Reed Constructions Australia Pty Ltd [2011] NSWCA 268
Appeal dismissed. Trade Practices - misleading or deceptive conduct - proceedings for payment of progress claim pursuant to s 13 of the Building and Construction Industry Security of Payments Act 1999 - whether appellant was misled in failing to serve in time a payment schedule under s 14 of the Act - whether findings of the primary judge supported by the weight of the evidence - whether primary judge considered irrelevant matters. Building and Construction Industry Security of Payment Act 1999; Trade Practices Act 1974 (Cth). More...
Premium Green Batts v McTaggart [2011] NSWSC 838
Judgment for plaintiff against first defendant in the sum of $2,803,143.24. Contract - contract for supply of insulation batts - failure by purchaser to perform obligations under supply contract - enforcement of guarantee and indemnity given by director of purchaser - claim made out - failure of defences - damages awarded in accordance with terms of guarantee. More...
Dix v Building Professionals Board [2011] NSWSC 926
Administrative Law - Building Professionals Board - investigator appointed to investigate complaints against certifier - finding by Board of professional misconduct on part of certifier based on investigator’s report - investigator did not seek response from certifier concerning material allegations contained in report - Board did not afford certifier reasonable opportunity to be heard on whether conduct constituted unsatisfactory professional conduct or professional misconduct or the appropriate disciplinary orders - denial of procedural fairness. More...
Contact details
Melbourne
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
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
Troy Lewis, Partner
T: +61 (0)7 3135 0614
E:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Janelle Kerrisk, Partner
T: +61 (0)7 3135 0608
E:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.