What's News

Lawyers urge developers to seek specialist advice on funding
2 September 2010
The number of new construction contracts is dwindling, and many contracts are in limbo as the availability of funds remains an issue for developers and builders. More...

Public, private partnership crucial to broadband boom: Telstra boss
31 August 2010
Australia will only reap the true benefits of a digital technology boom if there is a solid partnership between the public and private sectors, Telstra boss David Thodey has warned. More...

ABS – Private sector construction spend grows
25 August 2010
ABS data shows construction spending in the private sector rose by a seasonally adjusted 4.9 per cent in the second quarter, compared with a rise of 0.4 per cent in the government sector. It was the biggest quarterly rise in private sector construction spending since the third quarter of 2008. More...

New South Wales

Streamlined building certification system
1 September 2010
A new single accreditation system for building certifiers comes into force on 1 September. NSW Minister for Planning, Tony Kelly, said the bringing together of council and private certifiers in a single accreditation system is a significant step in raising the profile of the building surveying profession and recognising its importance in achieving better quality buildings. More...

Foxground highway upgrade and Berry Bypass a step closer
30 August 2010
The proposed upgrading of the Princes Highway at Foxground and Berry Bypass are a step closer after the NSW Government declared it a major project of regional significance. The project will now be considered under the Government’s Part 3A assessment system for major projects. More...

Government fine tunes development contributions system to boost housing
31 August 2010
The Keneally Government has established a $50 million fund for priority infrastructure projects to assist local councils in approving housing developments in growth centres across NSW. While the cap remains at $20,000 for established areas, the Government recognises the particular issues facing growth councils and will increase the development contributions cap to $30,000 in greenfield sites. More...

Homebuyers suffer as NSW walks away from levies reform
31 August 2010
The NSW Government’s decision to abandon the bulk of its reforms to local infrastructure levies will ultimately cost homebuyers. The Property Council said highlights of the original plan announced prior to the State Budget – to cap section 94 contributions at $20,000 per lot and use IPART to independently assess all plans has been dropped. More...

Financial details of Barangaroo project withheld
26 August 2010
Six months after signing a $6 billion redevelopment agreement for Barangaroo, the state government has released the contract but with almost all financial information removed. The enormous contract between the developer Lend Lease and the Barangaroo Delivery Authority was put on the authority’s website in one of the first big tests of the government’s new freedom-of-information law, which came into effect last month. More...

Queensland

Clem7 tunnel losses endanger public-private infrastructure
1 September 2010
Governments face pressure to radically overhaul the way they structure public-private partnerships for critical infrastructure following the shock of Brisbane’s first major road tunnel being written down by a massive $1.56 billion. More...

Dam doesn’t pose safety risk: Sunwater
31 September 2010
Sunwater says while Kinchant Dam, west of Mackay, does not meet new standards for extreme rainfall events, it does not pose a public safety risk. The company has announced it will spend $30 million on upgrades over the next three years to improve dam safety in line with revised rainfall data issued by the Bureau of Meteorology. More...

Desalination plant to be fully functional within weeks
31 August 2010
The group that will operate the Gold Coast desalination plant says it should be contributing to the south-east Queensland water grid within weeks. Water Secure says corroded pipes have been fixed and an inlet shaft has been repaired. More...

Queensland housing and construction ‘in trouble’
1 September 2010
A property development group says new housing approval figures for July show the building and construction industry is in trouble in Queensland. The Urban Taskforce of Australia (UTA) says housing approvals have dropped by 9.3 per cent in Queensland, compared with an 11.5 per cent increase in Victoria and a 0.5 per cent rise in New South Wales. More...

Victoria

Earth moves as Princes Highway works start at Buckley
3 September 2010
The first step in upgrading the Princes Highway as a safer, fully divided highway between Waurn Ponds and Winchelsea got underway today with early works starting on the $220 million project jointly funded by the Federal and Victorian Labor Governments. Construction on the upgrade of Princes Highway between Waurn Ponds and Winchelsea is expected to be completed by 2014.More...

Tunnelling starts on Victoria’s desalination project
2 September 2010
Construction has started on the underground tunnels that will help turn sea water into drinking water at Victoria’s desalination plant. The tunnelling is a major milestone for Victoria’s desalination plant which remains on time and on budget. Mr Holding said Victoria had set high international standards for the project with strict environmental safeguards in place for the private consortium building the project.More...

Victoria the best again on retail and building approvals
31 August 2010
Treasurer John Lenders said Victoria was the economic engine room of the nation with strong building approvals figures also released by the ABS today showing a jump in the value of building approvals of 10 per cent over the past year – the best of any state and well ahead of the national result of negative 12.9 per cent.More...

New Office of Solar Energy and $30 million boost to drive development of renewable energy
31 August 2010
A new Office of Solar Energy and a $30 million boost to support renewable energy technology will drive new investment and the development of cleaner energy in Victoria, the Premier John Brumby has announced. The funding will be available for parties interested in developing pilot-scale demonstration projects or research and development proposals for sustainable energy technologies in areas such as solar, wave, geothermal and bio-energy. More...

More maintenance, tougher penalties and new rural electricity taskforce to reduce bushfire risk
27 August 2010
The Brumby Labor Government will act on the 2009 Victorian Bushfires Royal Commission’s recommendation to reduce the risk of bushfires caused by electricity assets over the next 10 years with a tougher maintenance regime for distributors, testing of replacement technologies and a new powerline safety taskforce. More...

$10 million for road upgrades in Victoria’s south-west
27 August 2010
Residents in Victoria’s south-west and the Greater Geelong region will benefit from more than $10 million in road upgrades from the Brumby Labor Government. Motorists in the greater Geelong area and along the South West Coast will benefit from a range of projects, including the $3.6 million widening and upgrade of Geelong-Bacchus Marsh Road between Buftons Road and Balliang East. More...

Works underway on Breakwater Road bridge project
27 August 2010
The Brumby Labor Government’s $63 million project to reduce flooding and remove the height restriction on Breakwater Road in Belmont is now underway. McConnell Dowell Construction have been awarded the contract which is expected to be completed by mid 2012. More...

Fire, electrocution risk at apartments may cost Council
24 August 2010
Frankston City Council could be among the targets of a lawsuit by residents evicted from their “death traps” last week. The Building Commission is expected to rule that the council’s “emergency order” for dozens of residents to evacuate be overturned after an extensive investigation into the process. More...

New authority to oversee regional rail link project
26 August 2010
A new Regional Rail Link Authority will oversee the delivery of Victoria’s biggest rail project in more than 40 years, Public Transport Minister Martin Pakula has announced. The Regional Rail Link Authority’s first tasks would be to finalise the current EES referral process and award major construction contracts for the $4.3 billion rail project. A number of construction packages will be released this year. More...

Publications/Conferences

National road network intercity traffic projections to 2030 / Bureau of Infrastructure, Transport and Regional Economics
Source: Canberra: Bureau of Infrastructure, Transport and Regional Economics, 2010; 322 p.; National roads; Road transport; Regions; Economic models; Statistics; Trends to 2020; Interstate comparisons; Forecasting. More...

Greenhouse gas emissions from Australian transport: projections to 2020 / Bureau of Infrastructure, Transport and Regional Economics
Source: Canberra: Bureau of Infrastructure, Transport and Regional Economics, 2010; 141 p.; Climate change (Anthropogenic); Road transport; Rail transport; Aviation; Shipping; Economic models; Statistics; Trends to 2020; Forecasting. More...

Review of urban water security strategies / PricewaterhouseCoopers [for] Infrastructure Australia
Source: Canberra: Infrastructure Australia, 2010; 98p.;
Water supply; Water resources; Cities and towns; Water policy; Water conservation; Water rights; Supply and demand; Prices and charges; Planning processes; Interstate comparisons. More...

Green stars all around as government takes up green building agenda
Author: Green Building Council of Australia
Source: Australian Building Regulation Bulletin, 2010, Spring, pp13-14

Sustainable window alliance releases new findings – glass critical to energy efficiency
Author: Nigel Carpenter, Nigel
Source: Australian Building Regulation Bulletin, 2010, Spring, pp22

QLD: Building newsflash number 438
1 September 2010
Measures for both the extension of the ban on the installation of energy inefficient air conditioners to all buildings in Queensland and new requirements for residential buildings in designated transport noise corridors came into effect on 1 September 2010. More...

QLD: Building in transport noise corridors – effective 1 September 2010
2 September 2010
New residential buildings and alterations e.g. renovations and additions to existing residential buildings in designated transport noise corridors need to comply with the Queensland Development Code (QDC) Mandatory Part (MP) 4.4 ‘Buildings in transport noise corridors’. Under the Code, buildings need to achieve certain levels of noise mitigation through the use of appropriate materials for the floor, walls, roof, windows and doors. More...

QLD: Building newsflash number 439
1 September 2010
The Australian Building Code Board’s (ABCB) consultation regulatory impact statement (RIS) for private bushfire shelters is now available on the ABCB’s website for public comment. The RIS can be viewed on the ABCB’s website at www.abcb.gov.au Comments close 22 September 2010. More...

QLD: Building newsflash number 439
26 August 2010
It is proposed to extend the installation ban on energy inefficient air conditioners to cover all building classes in Queensland to take effect on 1 September 2010, subject to approval. The proposed requirements for energy efficient air conditioners will be delivered in a revised QDC MP 4.1 ‘Sustainable buildings’ amended to require new and replacement air conditioners installed in all building classes, to have a minimum EER of 2.9. More...

NSW: BP Bulletin Special Edition – Council Accredited Certifiers – August 2010
Councils can only offer certification services after 1 September 2010 by accredited persons. More...

Legislation

New South Wales

Proclamations commencing Acts
Gas Supply Amendment Act 2010 No 7 2010
Building Professionals Amendment Act 2008 No 37 2010

Regulations
Environmental Planning and Assessment Amendment Regulation 2010
Gas Supply Amendment Regulation 2010
Growth Centres Amendment (Central Coast Regional Development Corporation) Order 2010
Home Building Amendment Regulation 2010
Building Professionals Amendment Regulation 2010

Queensland

Acts
Geothermal Energy Act 2010

Regulations
Mineral Resources Amendment Regulation (No. 3) 2010
Transport Infrastructure (Public Marine Facilities) Amendment Regulation (No. 1) 2010

Victoria

Acts
Transport Legislation Amendment (Ports Integration) Act 2010

Regulations
Electricity Safety (Equipment Efficiency) Amendment Regulations 2010
Building Amendment (Bushfire Safety) Regulations 2010

Cases

Anderson Formrite Pty Ltd v Baulderstone Pty Ltd (No 7) [2010] FCA 92
Trade practices – whether representations said to have been made were made – whether applicant induced thereby to enter into a formwork subcontract on 11 October 2001. Contracts – termination of formwork subcontract for respondent’s sole convenience – terms and conditions surviving termination – intention of the parties – implied terms where formwork in use at time of termination whilst concrete curing – rights of subcontractor to strip and remove formwork from the site. Conversion – whether locking formwork subcontractor out of access to building site and/or continued use of formwork equipment thereafter constituted conversion – when did conversion occur – distinction between equipment that was owned, under a contract to purchase, and hired. Damages – breach of contract – conversion – where there is difficulty in calculation. More...

Cardona & Anor v Brown & Anor [2010] VSC 368
Judicial Review – Decision of VCAT – Building Contract – Domestic Building Contracts Act 1995 (Vic) – Entitlement to claim for construction stages dependent on separate definitions – Proper construction of “lock up stage” – Repudiation and suspension of contract. More..

Chargold Project Management Pty Ltd v Jalak Pty Ltd (t/a Webb Concretors) [2010] VSCA 210
Practice and procedure – Appeal – Extension of time for notice of appeal – Deemed abandonment – Reinstatement of appeal – Whether payment of judgment sum should be condition of reinstatement – Applications granted – Appeal mediation ordered – reason for the delay was a bona fide mistake by the applicant’s solicitor in late filing. More...

Murrumbidgee Irrigation Limited v Goodwood Services Pty Limited [2010] NSWSC 914
Practice and procedure – arbitration – contractual provision for arbitration under Commercial Arbitration Act – application for stay – whether arbitration would give rise to separate proceedings and inconsistent findings – whether second defendant not a party to arbitration agreement should be compelled to participate in arbitration under Commercial Arbitration Act – whether proceedings should be referred to arbitration under Civil Procedure Act. Particulars – whether requested particulars relevant – whether proceedings instituted to find a case whether statement of claim should be struck out or particulars ordered. Steelworks – replacement regulatory gates. More...

Shirreff v Elazac Pty Ltd [2010] VSC 381
Personal injury – Plaintiff injured falling off a ladder in a lift shaft – Plaintiff used ladder with his injured left arm in a cast – Plaintiff an A grade electrician purportedly engaged as an independent contractor – Whether plaintiff an employee or an independent contractor – Defendant’s duty to exercise reasonable care in providing a safe system of work – Whether defendant breached duty of care – Whether plaintiff’s conduct merely inadvertence or contributory negligence – Plaintiff employed by defendant – Defendant negligent – Plaintiff contributorily negligent. More...