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Commonwealth
Nation’s infrastructure needs lost amid poll-obsessed populism
4 August 2010
Business leaders warn short election cycles and inadequate long-term infrastructure planning are fuelling concerns on population growth. With research showing the community is pessimistic about the ability of governments to deliver infrastructure, business has urged governments to adopt a longer-term view. More...
IPA calls for Canberra to push state infrastructure reform
2 August 2010
Infrastructure Partnerships Australia has urged that federal funding for projects be tied to state reforms aimed at improving urban congestion, delivering competition in the utilities and services markets and improving planning of the country’s freight network. More...
Australia’s geothermal industry gets a boost - Austrade
27 July 2010
Australia’s geothermal industry has been given a boost by the establishment of a new state industry body designed to accelerate the development and commercialisation of geothermal energy resources. The Australian Geothermal Energy Association (AGEA) has opened a chapter in Victoria to represent geothermal companies and help the geothermal industry to grow in that state. More...
Big councils ‘best for services’
2 August 2010
Infrastructure Minister Anthony Albanese has backed larger local governments to deal with infrastructure problems in fast-growing areas. More...
Private sector still ready to ‘rock’
6 August 2010
A Senior Macquarie Group executive has admitted that not every infrastructure project the private sector becomes involved with will be successful. More...
National home sales drop further
2 August 2010
New home sales weakened further in June, according to the Housing Industry Association figures. The latest HIA Jeld-Wen New Home Sales Report, a survey of Australia’s major residential builders, showed that the number of new homes sold fell by 5.1 per cent in June. More...
Schoolyard collapse ‘metaphor for BER’ Building Scheme
29 July 2010
A $1.2 million steel shade structure funded under the federal government’s $16 billion school building program collapsed, with Workcover saying initial inquiries indicated the structure became unstable during construction before collapsing. More...
Interim Report wants changes to BER program
6 August 2010
An investigation into the Government’s $16.2 schools building program has called for changes to how future projects are administered and tougher rules on what constitutes value for money. The Building the Education Revolution (BER) Taskforce, headed by banker Brad Orgill, has released its interim report into the program, which has been beset by claims of waste and profiteering. More...
Victoria
Violent union action leads to hefty fines
6 August 2010
The Federal Court has ordered four organisers and their respective unions to pay $67,500 over a string of demonstrations at the Patricia-Baleen Gas Plant at Newmerella, 190km east of Melbourne, between November 2008 and March 2009. The unions were collectively ordered to pay $49,000 as they were “vicarious liable” for their organisers’ actions. More...
Fires cost a conservative $4.4 billion
1 August 2010
The Victorian bushfires royal commission estimates the Black Saturday fires cost $4.4 billion, but believes the true figure is likely to be much more. The Victorian Managed Insurance Agency reports claims worth $76.7 million for infrastructure such as roads, parklands, schools and community infrastructure. More...
Record housing build to ease pressure on Victorian families
6 August 2010
The Brumby Labor Government’s record commitment to public and social housing will help ease pressure on the housing waiting list across the state, Housing Minister Richard Wynne said today. The pressure on public housing reflects the wider housing market, where we have record private rental values, historically low vacancy rates and strong population growth right across Victoria. More...
Apartment towers approved for central Melbourne
5 August 2010
The Victorian Government has given conditional planning approval for four new residential towers, containing more than 2,000 apartments, to be built in Melbourne’s city centre. The National Trust’s Rohan Storey states this is a bad precedent for heritage buildings in the city, that they can be completely, almost completely built over. More...
Victoria’s home approvals going through the roof
3 August 2010
Victoria’s housing sector has continued to defy the Global Financial Crisis with the State recording the highest number of dwelling approvals of any Australian state for 26 months in a row, according to a report from the Australian Bureau of Statistics released today. More...
Victoria’s building approvals hits record $23.9 billion
30 August 2010
Victoria’s building industry has continued to grow strongly despite the Global Financial Crisis with 113,670 building permits worth a combined $23.9 billion issued in the past financial year - the highest ever on record. Planning Minister Justin Madden said the results showed strong growth in domestic, industrial, healthcare and public building permits year on year. More...
$36 million boost for hospitals in Melbourne’s west
6 August 2010
Western Health and the Werribee Mercy Hospital will receive $36 million in new capital works as part of the historic health agreement between the Victorian State and Commonwealth Labor Governments. The historic health agreement reached at the COAG in April will deliver additional investment now and into the future. More...
Victorian schools building an education revolution
5 August 2010
The recession-busting Building the Education Revolution (BER) continues to provide better schools for Victorian children and support more than 7000 jobs – with almost 300 projects due for completion this month. Education Minister Bronwyn Pike said 89 per cent of the Primary Schools for the 21st Century (P21) and Science and Language Centres (SLC) projects were now underway or complete. More...
Retrofit to create 3000 green manufacturing jobs
3 August 2010
The green retrofit of 1200 Melbourne buildings will create 3000 jobs in Victoria’s manufacturing supply chain over the next 10 years, according to a new report, compiled by Arup and commissioned by VIMC. The Brumby Labor Government will also be supporting the City of Melbourne’s 1200 Buildings retrofit program with a $500,000 grant through the Jobs for the Future Economy action plan. More...
Kilmore East bushfire plays on SP AusNet
3 August 2010
Analysts have downgraded SP AusNet on concerns over litigation against the company stemming from the 2009 Victorian bushfires. Deutsche Bank and Credit Suisse both took their knives out after the final report from the Victorian Bushfires Royal Commission concluded that five of the 11 major fires were started by failed electricity assets, including the devastating Kilmore East fire. More...
New South Wales
Risky school heaters removed
28 July 2010
The NSW government will spend an estimated $400 million replacing all unflued gas heaters in public schools, despite insisting for years that the heaters were safe, after a report it commissioned showed clear links to respiratory illness. More...
CBD Metro compensation mess
27 July 2010
Chifley Arcade shop owners are trapped in failing businesses while their rejected CBD Metro compensation claims are reviewed by Justice Paul Stein QC. In contrast, the five major Metro construction tenderers have got $93 million compensation. More...
Home building grants support key industry outcomes
2 August 2010
Fair Trading Minister Virginia Judge today announced $226,600 funding for education and training initiatives for the home building industry. Ms Judge said NSW Fair Trading was also supporting the home building industry through the delivery of 11 Building Partners Information Sessions for partners and family members of builders and tradespeople. More...
Narrabri mine expansion injects $300 million and 175 new jobs into regional economy
29 July 2010
A $295 million expansion of the Narrabri Coal Project will deliver a significant investment in the Narrabri region and create almost 100 new ongoing local jobs. The approval was granted by the NSW Department of Planning following a thorough assessment of issues such as potential subsidence impacts, groundwater and surface water management, Aboriginal cultural heritage and biodiversity impacts. More...
Tharbogang quarry and landfill expansion
3 August 2010
Approval for a $3 million expansion of the Tharbogang quarry will allow Griffith City Council to expand its delivery of construction materials to the local market. Minister for Planning, Tony Kelly, said the approval would allow Council’s landfill operations to continue at the site through expansion into the existing quarry once quarrying has ceased. More...
WorkCover bares 94 asbestos complaints in public, private schools
4 August 2010
WorkCover NSW revealed that it received 94 complaints about asbestos in public and private schools since 2007. The agency in charge of promoting workplace safety in NSW said it received complaints that asbestos was exposed during construction, excavation and demolition. WorkCover issued notices for workplace safety breaches and notices to improve safe work practices among contractors. More...
Queensland
Federal water recycling grant at Fitzgibbon Chase
6 August 2010
Minister for Infrastructure and Planning Stirling Hinchliffe has welcomed a huge $7.13 million Federal Government grant to boost environmental initiatives in Brisbane’s north, including funding for two water recycling projects. Fitzgibbon Chase is part of the wider Fitzgibbon Urban Development Area (UDA) sustainable housing areas. More
Draft South Brisbane neighbourhood plan cleared for public consultation
4 August
Minister for Infrastructure and Planning Stirling Hinchliffe has provided conditional approval of Brisbane City Council’s (BCC’s) draft South Brisbane Riverside Neighbourhood Plan, after he had assessed council’s draft plan. In Precinct 7, council’s draft building heights have been reduced to the existing maximum due to limited access to shops, schools and other social infrastructure in that area. More...
Government clear on Underground Coal Gasification Projects
27 July 2010
Natural Resources Minister Stephen Robertson says no further Underground Coal Gasification (UCG) projects will be considered until a supervised trial ends in 2012, and the Queensland Government has made a decision about the long term environmental feasibility of the industry. The Queensland Government released its policy on Underground Coal Gasification in February 2009. More...
Roma, Moranbah and Blackwater housing boost
26 July 2010
The Bligh Government will deliver a major housing boost in three mining towns by declaring Urban Development Areas this Friday in Roma, Moranbah and Blackwater. The declarations would mark the start of the Urban Land Development Authority’s (ULDA’s) Resource Town Housing Affordability program. More...
Gold Coast urged to boost tourism infrastructure
5 August 2010
A tourism executive says the Gold Coast needs to provide more and better infrastructure and experiences for visitors. More...
Traveston Dam champion Graeme Newton to head Infrastructure & Planning
7 August 2010
Graeme Newton, who headed up Queensland Water Infrastructure, the company pushing the now-scrapped dam, yesterday was named as Queensland’s new co-ordinator-general and Infrastructure and Planning director-general. More...
Other
Builders selected for massive Karratha display village
30 July 2010
Twenty builders have been selected by the State Government to develop Karratha’s second display village at Baynton West, expected to be the biggest in the North-West. More...
Acquittal of building firm overturned
2 August 2010
A Perth judge has overturned a decision to clear a construction company of failing to maintain a safe workplace when a severe cyclone slammed into a West Australian rail camp in 2007. In October last year, a magistrate cleared Laing O’Rourke for failing to provide a safe working environment and to train its employees against hazards. More...
Publications/Conferences
Asbestos Exposure and Compliance Study of Construction and Maintenance Workers
Follow-up Report / Safe Work Australia
Source: [Canberra]: Safe Work Australia, August 2010
The follow up report of the initial descriptive report from the Asbestos Exposure and Compliance Study (the Asbestos Study). More...
Getting the fundamentals right for Australia’s infrastructure priorities / Australian Government Infrastructure Australia
Source: Canberra: Infrastructure Australia, 2009; 67 pp
Infrastructure; Land transport infrastructure; National Broadband Network; Energy organisations; Water supply; Aboriginal communities; Sustainable development; Government expenditure; Infrastructure Australia. More...
Building the Education Revolution in Queensland state schools: a report to the Minister for Education and Training / PriceWaterhouseCoopers
Source: Brisbane: Dept. of Education and Training, 2010; 190 pp
Schools funding; Education infrastructure; Primary schools; Queensland; State government agencies; Evaluation; Opinion surveys. More...
QLD: Have your say
The Department of Infrastructure and Planning has four consultations open for public comment. You’re invited to have your say on:
NSW: Remotely operated tower cranes: Safety alert
This safety alert outlines the hazards and risk controls when working with remotely operated tower cranes. More...
QLD: Proposal to Revise Building Code of Australia Requirements for Construction in Cyclone Affected Regions
30 July 2010
The Consultation RIS for a ‘Proposal to revise the Building Code of Australia requirements for construction in cyclone affected regions’ is now available for public comment. Also released for information to support the RIS is the JDH Consulting research report ‘Impact of climate change on design wind speeds in cyclonic regions. More...
NSW: Industry plant consultative committee 10 year crane inspection: Safety alert
This safety alert outlines the requirements for a major inspection of cranes after 10 years. More...
QLD: Proposal to Amend the Building Code of Australia to Include Mitigation Against the Effects of Saline Soils
3 August 2010
A Regulation Impact Statement (RIS) has been prepared in order to inform stakeholders and other interested parties regarding a proposal to amend the Building Code of Australia (BCA) to include mitigation against the effects of saline soils. More...
VIC: Announcement:
Amendment VC68 to expand Melbourne’s Urban Growth Boundary, protect grasslands and plan for major transport infrastructure was ratified by parliament today and is now awaiting gazettal. The Brimbank, Casey, Greater Geelong, Hume, Melton, Mitchell, Moorabool, Whittlesea and Wyndham planning schemes will soon be amended to incorporate the changes. More..
CTH: Regulatory impact statements for cyclone affected regions and saline soils, draft national construction code and revised swimming pool barriers code. The ABCB has published on it’s website:
- Australian Building Code Board’s (ABCB) Regulatory Impact Statements (RIS) on standards for Construction in cyclone affected regions and areas with saline soils, as well as the draft National Construction Code (NCC) Plumbing Provisions
- Latest version of Mandatory Part 3.4 – Swimming Pool Barriers (Pool Safety Standard) (No 435 30 July 2010)
Legislation
Commonwealth
Regulations and other statutory instruments
Building Energy Efficiency
Disclosure Determination 2010
Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2010
Queensland
Regulations
Urban Land Development Authority Amendment Regulation (No. 3) 2010
Radiation Safety Amendment Regulation (No. 1) 2010
Proclamation commencing remaining provisions of the Radiation
Safety Amendment Act 2010
Survey and Mapping Infrastructure (Survey Standards) Notice 2010
Mineral Resources Amendment Regulation (No. 1) 2010
Victoria
Bills
Climate Change Bill 2010
Local Government and Planning Legislation Amendment Bill 2010
Mineral Resources Amendment (Sustainable Development) Bill 2010
Regulations and other statutory instruments
Administrative Arrangements Order
Building Energy Efficiency Disclosure Determination 2010
Cases
Hardwick v Australian Manufacturing Workers’ Union [2010] FCA 818
Industrial law – pecuniary penalties for contravention of the s 44 of the Building and Construction Industry Improvement Act 2005 (Cth) – respondents engaged in conduct with intent to coerce sub-contractors to enter into union building agreements – where penalties agreed between the parties – whether penalties within permissible range. More...
Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd [2010] FCA 822
Industrial law – principles of construction of industrial agreements. Practice and procedure – declaratory relief – standing to apply – jurisdiction – federal matter – immediate right, duty or liability. More...
Williams v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2010] FCA 754
Industrial law – Employees of construction sub-contractor – Failure to return to work after union meeting – Failure to attend for work the following day – Whether motivated by purpose of advancing industrial objectives of unions, of supporting or advancing claims against employer or of disrupting performance of work – Whether authorised by officers of unions – Whether union officers counselled or procured failure to work, or were knowingly concerned in or party to failure to work. Industrial action – Picketing and protesting at construction site and at offices of contractor and sub-contractor – Whether amounted to action taken or organised with intent to coerce contractor to employ persons previously dismissed by another sub-contractor. More...
Edwards v Sydney Building Group Pty Ltd [2010] NSWCA 185
Appeal – civil – right to appeal from decision of District Court on an appeal from the Consumer, Trader and Tenancy Tribunal. More...
Laing O’Rourke Australia Construction v H&M Engineering & Construction [2010] NSWSC 818
Building and engineering contracts – challenge to adjudication determination – where plaintiff contended that adjudicator did not consider its submissions and documentation in support of its payment schedule – whether adjudicator considered plaintiff’s submission that defendant’s claim was a global claim – whether adjudicator “considered” payment schedule, expert report and statutory declarations – where conclusions given without reasons – whether denial of natural justice – whether failure to exercise statutory functions in good faith – content of good faith requirement – content of obligation to consider – whether adjudication determination void – Building and Construction Industry Security of Payment Act 1999. More...
Owners Corporation SP 72357 v Dasco Constructions Pty Limited & Ors [2010] NSWSC 819
Proportionate liability provisions of Civil Liability Act - Whether proportionate liability provisions of Civil Liability Act apply to claims for breach of statutory warranties implied by Home Building Act. More...
Lange v Queensland Building Services Authority [2010] QSC 266
Administrative law – Judicial review – Error of law – where the two people entered a contract with the applicant to construct three townhouses comprising one duplex and a single detached dwelling – where the two people were insured under a policy created pursuant to the Queensland Building Services Authority Act 1991 (Qld) – where the work was not completed – where the applicant was placed in liquidation – where the insured made a claim for non-completion and was paid $200,000 by the respondent – where the respondent sought to recover $200,000 from the applicant – whether the insurance policy was properly construed by the respondent. More...
57 Moss Rd v T&M Buckley Pty Ltd & Anor [2010] QSC 278
Procedure – Costs – Security for costs – where the applicant and the first respondent entered into a construction contract in 2008 – where work ceased in 2009 and the contract was eventually terminated – where the first respondent made a claim against the applicant in respect of the building works – where the second respondent conducted an adjudication in respect of that claim – where the applicant brought an application (Proceeding No 3037 of 2010) to have that adjudication set aside – where the applicant brought a claim for liquidated damages against the first respondent (Proceeding No 1737 of 2010) – where this application is brought by the first respondent for security for costs in Proceeding No 3037 of 2010 – where orders also sought that Proceeding No 3037 of 2010 and 1737 of 2010 be stayed – whether those orders should be made. More...
UI International Pty Ltd v Interworks Architects Pty Ltd & Ors [2010] QSC 280
Procedure – Supreme Court procedure – Queensland – Procedure under Rules of Court – Pleading – where the fourth defendant has brought an application to strike out paragraph 101(e) of the statement of claim as it is not a plea of material facts on which the plaintiff relies – where the plaintiff submits it that is justifiable according to the rules of pleading as under rule 149(1)(c) it is required to plead matters which, if not pleaded, might take the other party by surprise – whether paragraph 101(e) of the statement of claim should be struck out. Procedure – Supreme Court procedure – Queensland – Procedure under Rules of Court – Pleading – Further and better particulars – where the plaintiff pleads that the plaintiff was vulnerable to any failure by the seventh defendant to exercise reasonable care – where no particulars of the vulnerability asserted have been provided – whether the plaintiff should be ordered to provide further and better particulars of the alleged vulnerability - breaches of contract and duty. More...
Mansouri & Anor v Aquamist P/L [2010] QCA 209
Contracts – General contractual principles – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Progress payments – where the appellants were the registered owners of the land on which the respondent carried out work – where the respondent alleged that the appellants were liable for progress payments under the Building and Construction Industry Payments Act 2004 (Qld) (“BCIPA”) – where the primary judge gave summary judgment in favour of the respondent for a progress payment under s 19(2)(a)(i) BCIPA – where the appellants argued that the primary judge erred as there was a factual dispute about the existence of a construction contract – where the respondent conceded that the primary judge’s analysis could not be sustained but argued that direct agreements and arrangements demonstrated that the appellants were liable pursuant to s 17(1) BCIPA – whether the primary judge erred in giving summary judgment on the ground that the appellants were persons who were liable to make a progress payment under BCIPA – whether summary judgment was suitable given the lack of clarity on the evidence of the identities of the parties to the arrangement for construction work. More...
Asian Pacific Building Corporation Pty Ltd v Aircon Duct Fabrication Pty Ltd & Ors [2010] VSC 300
Building contracts – Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudications conducted under Part 3 Division 2 of the Act – Basic and essential requirement of a valid adjudication determination – Requirements to assess whether work done (or goods and services supplied) and to value the work done (or goods and services supplied) – Adjudication determinations failed to value the work done – Adjudication determinations made beyond jurisdiction – Adjudication determinations declared void. More...
Ertech Pty Ltd v GFWA Contracting Pty Ltd [2010] WASC 181
Building and construction – Payment dispute – Determinations by adjudicator under the Construction Contracts Act 2004 (WA) – Application for leave to enforce as a judgment of the Supreme Court Procedure – Judgments and order - Enforcement of judgments and orders. More...
Kirwin v Laing O’Rourke (BMC) Pty Ltd [2010] WASC 194
Criminal law and procedure – Regulatory offence – Failure to maintain safe working environment - Cyclone damaged remote rail camp – Sufficiency of particulars of charge – Meaning of a ‘working environment’ – Employer subject to statutory duty – Test for breach – Reasonable practicability as test for discharge of duty – Role of foreseeability of hazard.More...
T & T Building Pty Ltd v GMW Group Pty Ltd & Ors [2010] QSC 211
Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Adjudication of payment claims – Where the Applicant was to submit monthly progress claims to the First Respondent – Whether the Applicant and First Respondent varied the contract to allow the Applicant to issue progress claims every two weeks – Whether post-agreement conduct can be used to determine the terms of a contract. Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Adjudication of payment claims – Where the First Respondent argued there was ‘double dipping’ in the Applicant’s payment claims – Whether this is an issue under the construction contract – Whether the First Respondent can raise ‘double dipping’ as a defence. More...
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