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Commonwealth
Multiplex’s Wembley settlement in
court
20 July 2010
A hearing to approve a conditional settlement for a $300 million class action
relating to Brookfield Multiplex’s construction of Wembley Stadium in the UK
was held in court in Melbourne. Without admission of liability, the Multiplex
Group has settled claims made against it by persons represented by lawyers. More...
Rudd’s $2bn for infrastructure
projects blasted
24 July 2010
In a report released, the Australian National Audit Office said six rail, road
and port infrastructure projects announced in the 2009-10 budget, as well as
two rail projects funded in this year’s budget, had not made Infrastructure
Australia’s short list of priority projects. More...
Council checking new tenders against corrupt practices
22 July 2010
The Australian Building and Construction Commission has been asked to
investigate the allegations raised by several longstanding businesses and a
union. More...
Construction companies allege industry
corruption on contracts
21 July 2010
Some Queensland building contractors say they are on the verge of collapse
because they cannot compete with big companies cutting corners, wages and
paying bribes to win contracts. There are claims that “outside contractors” are
cutting corners and underpaying wages to win contracts on major infrastructure
developments. More...
New National Construction Code
21 July 2010
The Australian Building Codes Board (ABCB) has announced that the draft changes
for the 2011 Plumbing Provisions, earmarked for inclusion in the new National
Construction Code (NCC). The development of the NCC will eventually result in
the consolidation of all on-site construction regulation (building, plumbing,
electrical and telecommunications). More...
Regional cities to deliver sustainable
growth
18 July 2010
The Property Council of Australia and the Residential Development Council
believe the Building Better Regional Cities funding announced paves the way for
improved infrastructure needed to support a ‘Sustainable Australia’. The funding
announced by the Government will invest $200 million to help build up to 15,000
more affordable homes in regional cities over three years and will relieve
pressure on our major capital cities. More...
Consultation for Murray Darling Basin
water infrastructure charge rules extended
14 July 2010
A further consultation period will give stakeholders the opportunity to comment
on the new water infrastructure charge rules proposed for the Murray Darling
Basin until 10 September 2010. The water infrastructure charge rules aim to
promote greater transparency in setting fees and charges levied on the
operation and maintenance of irrigation infrastructure. More...
National Solar Schools program funding
14 July 2010
Primary and secondary schools across Australia will have access to funding for
solar panels and rainwater tanks from 15 July 2010, under new funding for the
National Solar Schools Program. The Government has announced $51 million in
funding would be available to schools in 2010-11. The $420 million program will
help schools across Australia to become more energy efficient. More...
Contractors selected to test broadband
delivery
15 July 2010
NBN Co has selected Telstra, two electricity companies and two construction
contractors to test broadband delivery and installation methods at five sites. More...
Australia promotes liveable housing
designs for the disabled
13 July 2010
Leaders of the housing industry, disability sector and community have agreed to
a target that all new homes will be built to disability-friendly Livable
Housing Design standards by 2020. The voluntary Livable Housing Design
guidelines consist of three levels: Silver, Gold and Platinum and outline the
key features required to meet each standard. More...
Victoria
New $500m railway line ‘unsafe’
Large sections of the newly upgraded Melbourne-Albury rail line have been
declared unsafe, forcing trains to slow down and prompting claims that the $500
million project has been bungled. More...
Projects announced for bushfire
affected communities
23 July 2010
Communities affected by the devastating 2009 Victorian bushfires will share in
$1.4 million in further funds from the Victorian Bushfire Appeal Fund for 13
projects identified as rebuilding priorities by local community recovery
committees according to the Chair of the Advisory Panel Pat McNamara. More...
Residents fight for rail plan compo
18 July 2010
A new action group will take up the compensation fight for Footscray residents
and business people affected by the Victorian government’s planned regional
rail link. The government bungled the announcement by failing to tell some
residents of the plan before it was revealed to business leaders and the media.More...
Water restrictions to be eased thanks
to pipeline
16 July 2010
Water restrictions in Hamilton, Cavendish, Dunkeld and Tarrington in south-west
Victoria will be removed following the completion of the Hamilton-Grampians
Pipeline. From Sunday 1 August, restrictions for these towns will be eased from
Stage 2 water restrictions back to Permanent Water Saving Rules ending more
than four years of tough water restrictions. More...
Premier turns sod on $2.9 million
Stawell airport works
16 July 2010
The Premier John Brumby today turned the sod turn on stage two of a major $2.9
million project to redevelop Stawell Airport to expand its aviation opportunities.More...
Westlink: Melbourne needs West Gate
alternative
12 July 2010
The release of alignment options for Melbourne’s WestLink road project is a
welcome step that allows for informed debate about how Melbourne can
accommodate growth says Infrastructure Partnerships Australia. More...
Central Victoria gold exploration
tender awarded
13 July 2010
A company could soon begin exploring for gold after Victoria’s first minerals
tender since 2006 was awarded for a large area in central Victoria, with Energy
and Resources Minister Peter Batchelor announcing that Minotaur Operations Pty
Ltd had been awarded the Rochester Tender for gold exploration. More...
New South Wales
Sydney’s first GreenWay to accompany
light rail
22 July 2010
The NSW Government announced the Lilyfield to Dulwich Hill light rail corridor
will host Sydney’s first GreenWay. Transport NSW lodged the project application
for the light rail extension with the Department of Planning. More...
Ausenco signs $32m contract for Cardia
East Project
21 July 2010
Ausenco signed a $32 million contract to provide engineering design services
for the processing plant upgrade included within Newcrest’s recently announced
$1.9 billion Cadia East Project at Cadia Valley near Orange, New South Wales.
The Cadia East project will be Australia’s largest underground mine and is due
to be complete by 2013. More...
Legal threat halts fluoride bids
22 July 2010
The threat of legal action has forced Rous Water to reject all tenders for the
construction of its fluoride dosing plants, with an anti-fluoride campaigner at
Lismore to commence proceedings against Rous Water in the NSW Land and Environment
Court. The council was still, at this stage, legally bound to construct and
operate the plants, according to Rous’s technical services director. More...
Telecommunications facilities to be
fast-tracked
16 July 2010
The NSW Government has fast-tracked the delivery of telecommunications
facilities, including new broadband infrastructure such as the Federal
Government’s National Broadband Network. More...
Site preparation works to commence on
former Channel 7 site at Epping
19 July 2010
The independent Planning Assessment Commission (PAC) has given approval for
site preparation works to commence on the former Channel 7 site at Epping in
Sydney’s north. The approved works, which also include the construction of a
childcare centre and some communal residential facilities, are in line with the
site’s existing concept plan. More...
Moree Bypass changes approved
19 July 2010
The NSW Government has approved a modification to the Newell Highway Moree town
centre bypass road project, which will allow traffic to begin using part of the
bypass and remove nearly 4,000 vehicles a day from the Moree CBD. More...
Wallarah 2 to be reviewed by Planning
Assessment Commission
16 July 2010
Minister for Planning, Tony Kelly, said the review would inform the Department
of Planning’s assessment of the $700 million mining proposal, which is to extract
up to 150 million tonnes of coal over a period of 28 years using longwall
methods. The proposal was placed on public exhibition for 60 days earlier this
year, double the usual exhibition period. More...
Missing motorways are key to Sydney’s
future
15 July 2010
Reports that the NSW Government could finally advance the delivery of one of
Sydney’s stalled motorway projects would be welcome news for long-suffering
commuters and businesses, says Infrastructure Partnerships Australia. More...
Queensland
Swan pledges $10m for Mackay ring-road
planning
26 July 2010
Federal Treasurer Wayne Swan says the Government will commit $10 million from
its regional infrastructure fund to a planning study of the Mackay ring-road in
north Queensland. More...
$134 billion infrastructure plan
22 July 2010
The South East Queensland Infrastructure Plan and Program 2010-2031 (SEQIPP)
will soon be replaced with a state-wide Queensland Infrastructure Plan (QIP).
The updated SEQIPP, released 20 July would be incorporated into QIP to
anticipate infrastructure needs in fast growing regions throughout the state,
including a state-wide blueprint of road, public transport, health and
education infrastructure required. More...
Poison seepage could shut down
gasification sector
20 July 2010
The Bligh government has now widened its inquiry to look at the entire coal
seam gas sector, with Resources Minister Stephen Robertson claiming that Cougar’s
problems have raised concerns for the whole sector. More...
Construction companies allege industry
corruption
21 July 2010
Some Queensland building contractors say they are on the verge of collapse
because they cannot compete with big companies cutting corners, wages and
paying bribes to win contracts on major infrastructure developments. More...
Emergency Services capital works well
on track
19 July 2010
Emergency Services Minister Neil Roberts has tabled documents in Parliament
showing the overwhelming majority of emergency service building projects for
the 2009-10 financial year were well on track to being completed. More...
Queensland options for water security
16 July 2010
Brisbane Airport could host one of south-east Queensland’s new water
desalination plants, a 50-year-plan for the region’s water supply has revealed.
Two other sites at Lytton and Marcoola on the Sunshine Coast have been listed
as higher priorities for the new plants, to be built between 2022 and 2027. More...
Gold Coast fees sending developers
elsewhere
16 July 2010
The head of the Gold Coast’s peak development body (UDIA) says high
infrastructure charges are driving many developers to work elsewhere in
south-east Queensland. More...
Queensland school asbestos discovery
posed ‘no risk to students’
15 July 2010
An investigation is underway into asbestos concerns at two schools in
Townsville and Mackay in Queensland’s north. Public Works Minister Robert
Schwarten says there is no excuse for any Q-Build employee or contractor to be
exposing asbestos to themselves or others. More...
Council to consider extending
‘shovel-ready’ discount
13 July 2010
The Fraser Coast Council in south-east Queensland says fee discounts for some
developments have stimulated the region’s flagging economy. The so-called
“shovel-ready” discount on infrastructure charges was introduced in April and
closes at the end of this month but developers have asked for an extension. More...
Gold Coast sand dredged may go to
building industry
13 July 2010
Sand dredged from Queensland’s Gold Coast waterways may be sold to the building
industry. Marine Queensland general manager Don Jones says the funds could help
finance a more coordinated program for clearing waterways, replenishing beaches
and planning major projects. More...
Albert Street station to service all
CBD
14 July 2010
The planned new inner-city underground rail station will be the first new
inner-city railway station in over a century and is part of the state
government’s $8.2 billion Cross River Rail Project. In the longer-term, the
Albert Street station could link to an east-west rail link, the Premier said,
but added this was a post-2016 option. More...
Other
Building site strike in Perth ruled
illegal
23 July 2010
A 24 hour walkout by workers at a Perth building site last year has been ruled
unlawful by the Federal Court in Perth. The union faces a maximum fine of
$110,000. More...
Publications/Conferences
New National
Construction Code Plumbing Provisions: Public Comment
19 July 2010
The Australian Building Codes Board has announced that
the draft changes for the 2011 Plumbing Provisions, earmarked for inclusion in
the new National Construction Code (NCC) series, and is available from the ABCB
website for public comment from 21 July 2010. More...
NSW: Streamlined
planning for critical Telco facilities
16 July 2010
Under the new measures, all new telecommunications
facilities in NSW must be consistent with a set of principles covering issues
such as site selection, design, construction and operation. More...
NSW: New Criteria
Strengthens Waste Recovery and Minimises Landfill
13 July 2010
The Infrastructure State Environmental Planning Policy
(SEPP) has been amended to ensure issues such as waste minimisation, best
practice design and site location are considered when development applications
are determined. The amendment will replace the criteria in clause 123 of the
Infrastructure SEPP. More...
NSW: Home Builders
Bonus
From 1 July 2010, transfer duty exemptions and
concessions are available for certain new home purchases, off the plan
purchases, and vacant land purchases on which a home will be built within a
specified time. There is also a specific exemption for eligible seniors
purchasing a new home as their principal place of residence. More...
QLD: South East
Queensland Infrastructure Plan and Program 2010–2031
The plan identifies $134 billion in estimated
infrastructure investment, which is expected to support about 930 000 jobs
through to 2031. There are seven new projects in the plan, at an estimated
investment of about $1.4 billion. More...
Legislation
Commonwealth
Acts
Building Energy Efficiency Disclosure Act 2010
Regulations
Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2010
Building Energy Efficiency Disclosure Regulations 2010
New South Wales
Environmental
Planning Instruments
State Environmental Planning Policy (Infrastructure) Amendment
(Telecommunications Facilities) 2010
Victoria
Acts
Building Amendment Act 2010
Cases
John Holland Group Pty Ltd v Robertson [2010] FCAFC 88
Workers’ compensation – employee of a licensed corporation
under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the Act”) –
incapacity payments – normal weekly earnings – application of s 8(10) of the
Act where employee’s employment would have ceased during period of incapacity –
scope of term “employment” in s 8(10). Practice and procedure – whether notice
of appeal raised questions of law. More...
Construction, Forestry, Mining and Energy Union v John
Holland Pty Ltd [2010]
FCAFC 90
Contracts – principles of construction – industrial
agreements – relevance of objective background facts – relevance of subsequent
conduct - industrial law – construction of greenfield workplace agreement –
construction of ss 760, 767 and 768 of the Workplace Relations Act 1996 (Cth) –
nature of right of entry – purpose of entry – relevance of state of mind to
purpose. More...
Kell & Rigby Holdings Pty Limited v Lindsay Bennelong
Developments Pty Ltd [2010] NSWSC 777
Contract – building contracts – construction – the
defendant Principal and the plaintiff Contractor entered into a construction
contract (“the Contract”) – later they entered into an Advance Payment Deed
which amended the Contract and which inserted provisions for the making of
Advance Payments to the Contractor and for the provision by the Contractor of
Advance Payment Bonds to secure repayment – the Principal advanced or made
Advance Payments and the Contractor provided two Advance Payment Bonds each in
the form of an unconditional Bank Guarantee (“the Guarantees”) – the Advance
Payments became repayable on provision of a Certificate of Practical Completion
– the Principal was in addition the Superintendent under the Contract – it
purported to vary the Contract by deletion of work and then issue a Certificate
of Practical Completion and then sought to call on the Guarantees – the
Contractor asserted that the variation was beyond power and the Certificate of
Practical Completion was invalid – alternatively it asserted that the
Certificate of Practical Completion was issued in breach of an obligation of
the defendant to act fairly – the Contractor asserted that a call by the
Principal on the Guarantees would be in breach of an implied negative
stipulation in the Contract that it would not do so if the Advance Payment was
not repayable – HELD – held that the Notice of Variation to Works was
unauthorised and the Certificate of Practical Completion was ineffective – held
further that the Superintendent did not act fairly in giving the Notice of
Variation to Works and issuing the Certificate of Practical Completion – held
further that the Principal breached its express contractual obligations – held
further that a call on the Guarantees would be in breach of an implied negative
stipulation as contended for. More...
Sijuk v Ilvariy Pty Limited, trading as, Craftsman Homes [2010] NSWSC 793
Negligence - liability of builder/occupier to employee of
sub-contractor - employee to perform brick cleaning work - fell through hole of
gap in the scaffolding which had not been present when inspected three days
before - sub-contractor was plaintiff’s wife - unsophisticated sub-contracting
entity - previous contracts with the defendant - defendant knew plaintiff’s
wife not experienced in safety aspects of bricklaying work - plaintiff’s
attendance at site on a Saturday when no other employees present was a practice
followed with brick cleaning - whether specific notice given by sub-contractor
of plaintiff’s intention to attend site - application of s.151Z Workers
Compensation Act - defendant 90% - plaintiff contributory negligence 15%. More...
Supangat v Byrnes [2010] QCA 176
Contracts – General contractual principles – Formation of
contractual relations – Agreements contained in correspondence – where
appellant sought to gain control of a granite quarrying venture conducted by
the parties jointly – where parties entered into negotiations for the appellant
to acquire the respondent’s share in the venture – where respondent resigned as
director but did not transfer interest in the venture to the appellant – where
respondent claimed $450,000 from the appellant for breach of the alleged
contract – where trial judge found that emails between appellant and respondent
constituted an agreement – whether the emails constituted the pleaded agreement
– whether the emails were capable of constituting the agreement upon which the
respondent sued – whether the agreement was void for uncertainty – whether
there was a common mistake of fact made by the parties as to the subject matter
of the contract – whether a binding promise to pay $450,000 arose in the manner
alleged by the respondent – whether the emails constituted the sole contract
between the parties – whether the parties had abandoned any agreement between
them. More...
RJ Baker Nominees Pty Ltd v Parsons Management Group Pty
Ltd [2010]
WASCA 128
Contract - Invitation to appellant to tender for road
construction in subdivision - Offer by respondent to pay for work by transfer
of two lots in subdivision - Oral acceptance of appellant’s tender - Whether
acceptance of tender included agreement to transfer two lots - Whether inferred
contract - Relevant principles - Turns on own facts. Costs - Whether evidence
of what occurred at mediation conference admissible on costs question - Order
made by registrar that such evidence may be given on costs question - Supreme
Court Act 1935 (WA), s 71 - Evidence not admissible ‘under the rules of court’
- Calderbank offer - Whether appellant’s failure to accept offer was
unreasonable. More...
Sheppard Homes Pty Ltd v FADL Industrial Pty Ltd [2010] QSC 228
Building contracts – Building, engineering and related
contracts – The contract – Generally – Agreement for the provision of licence
to use drawings – Whether a construction contract – Whether a “related service”
under the Act. Practice and procedure – Supreme Court procedure – Queensland –
Jurisdiction and generally – Generally – Inherent jurisdiction to determine
whether an inferior tribunal exceeded its jurisdiction. Statutes – Acts of
Parliament – Interpretation – Particular words and phrases – Building and
Construction Industry Payments Act 2004 (Qld), s 3(1), s 11 – “services” and
“architectural or design services” – Excludes the supply of a licence to use
drawings. More...
Contact details
Melbourne
St John Frawley
Partner
T: +61 (0)3 9321 9767
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Chris Edquist
Partner
T: +61 (0)3 9321 9919
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Sydney
Amanda Davidson
Partner
T: +61 (0)2 8083 0333
E:
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Grant Parker
Partner
T: +61 (0)2 8083 0428
E:
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Brisbane
Stephen Pyman
Partner
T: +61 (0)7 3135 0625
E:
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Scott Lambert
Partner
T: +61 (0)7 3135 0681
E:
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