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Commonwealth

Housing finance reflects a flat market
11 October 2010
Australian Bureau of Statistics (ABS) Housing Finance figures for August show, in trend terms, a slight increase of 0.3 per cent in the number of finance commitments for owner occupied homes compared to the previous month. In trend terms, increases were recorded in New South Wales, South Australia, Victoria and Tasmania, with falls in all other states and territories.More...

House building activity hits 18-month low
7 October 2010
Australia’s construction sector contracted at an accelerating rate in September as house building hit an 18-month low and weakness spread to the commercial and engineering sectors, an industry survey showed. The survey of over 150 firms by Australia Industry Group and the Housing Industry Association found numerous reports of poor market demand, on-going delays in development activity and intense competition in securing contracts. More...

Pilot rating tool for public buildings
7 October 2010
The Green Building Council of Australia (GBCA) has released a new pilot rating tool to support the sustainable planning, design and construction of high-performance public buildings. The PILOT rating tool will provide the industry with access to best practice benchmarks for public buildings, as well as a system of independently-verified certification to assist leading public buildings demonstrate their sustainability credentials. More...

New South Wales

2,200 jobs and more than $1.1 billion investment in September
12 October 2010
A total of 37 development proposals worth more than $1.1 billion and support in excess of 2,200 jobs were approved through the NSW planning system in September 2010. Minister for Planning, Tony Kelly, said the figures show the State‟s major projects assessment system is continuing to facilitate strong investment. More...

Victoria

Plan for hundreds of kilometres of new freeways
11 October 2010
Hundreds of kilometres of new freeways and expanded roads would be built across Melbourne over the next 30 years, under plans revealed in a highly detailed government map marked Proposed 2040 Road Network Development. More

Planning laws to fast-track rail link
13 October 2010
The Major Transport Projects Facilitation Act gives Planning Minister Justin Madden the power to fast-track transport projects declared ‘’major’’ by Premier John Brumby. Mr Madden announced he would use the laws to push through the Regional Rail Link, a new rail line through the west that will separate V/Line trains from Metro services. Mr Madden also ruled out an environment effects statement for the project.More...

Desalination plant cost could hit $24bn
8 October 2010
Victorian taxpayers and water users will pay up to $24 billion over nearly three decades for the Brumby government’s decision to drought-proof Melbourne with Australia’s largest desalination plant. An Auditor-General’s report tabled shows that Victorians would pay on average as much as $860 million a year for desalination if the plant operated at full capacity over the 28-year contract. More...

Queensland

Infrastructure program essential to FNQ economy
15 October 2010
The Far North Queensland Infrastructure Plan (FNQIP) Progress Report provides an update since the release of the FNQIP in February 2009. The progress report shows that more than $735 million worth of projects have been completed in the region since February 2009 supporting around 5700 jobs during the global financial crisis, with $1.63 billion of planned state government infrastructure investment over the next four years. More...

Green door swings open to invite more sustainability into Queensland
15 October 2010
The Green Door Advisory Committee will recommend the eligibility criteria for identifying Green Door projects that they will monitor and assist through the Integrated Development Assessment System (IDAS). This delivers on a 2009 election commitment under the Cleaner Green Buildings Policy and The advisory committee is responsible for monitoring the progress of selected projects, providing reports and making recommendations for progressing sustainable outcomes through Green Door in the future.More...

Gladstone services corridor construction starts
7 October 2010
Premier Anna Bligh has announced more infrastructure jobs for Gladstone on a project that will support future economic growth in the city. The Premier said the 110m wide corridor will accommodate pipelines associated with future projects including the Rio Tinto Yarwun Alumina Refinery expansion and the Stanwell Gladstone Water Pipeline. More...

SIS Planning for Gladstone’s future
5 October 2010
Minister for Infrastructure and Planning Stirling Hinchliffe and Gladstone’s Acting Mayor Councillor Gail Sellers have announced the completion of the Social Infrastructure Strategic Plan (SISP) and the release of the Draft Voluntary Industry Contributions Framework. This draft document proposes a partnership with the Gladstone Regional Council, the Gladstone community and industry, to establish a perpetual trust to be known as the Gladstone Foundation. More...

Spanish company leads consortium to build Brisbane tunnel
7 October 2010
A Spanish corporation is leading the consortium chosen by the Brisbane City Council to build the Northern Link Tunnel in Brisbane, Queensland. Austrade Milan has similarly worked to promote Australian infrastructure opportunities to Italian industry. More...

Publications/Conferences

Contract: What contract?
Author: Trevor Thomas
Source: Building and Construction Law, Vol 26, No 5, 2010: p304-311

The unsuccessful tenderer - legal rights and remedies
Author: David Levin
Source: Building and Construction Law, Vol 26, No 5, 2010: p324-334

House Approvals Drive Overall Decline in August
The Australian Bureau of Statistics (ABS) has released Building Approvals, Australia, Aug 2010 (30 September 2010), which indicates that in seasonally adjusted terms, the total number of dwelling units approved fell by 4.7% to 13,049 in August 2010. The fall corresponded with a similar decline in private sector house approvals, and occurred despite a smaller rise in approvals for other dwellings.

NSW: Feedback sought on Mount Pleasant mine proposal
8 October 2010
The NSW Department of Planning is seeking public feedback on a proposal for a modification to the development consent for the proposed Mount Pleasant open-cut coal mine site near Muswellbrook. The environmental assessment for the proposed modification is on public exhibition for three weeks, until October 29.
Feedback sought on Mount Pleasant mine proposal

VIC: Helping Victorians understand the new 6 Star Standard - free information sessions
6 October 2010
Victorian consumers will have the opportunity to find out first-hand about the 6 Star Standard for new homes, alterations and additions to be introduced nationally in the Building Code of Australia on 1 May 2011 at seven free information sessions at Brunswick, Mount Waverley, Geelong, Ballarat, Bendigo, Sale and Moorabbin. More...

VIC: New guide to help prepare homes in case of bushfire
11 October 2010
Planning Minister Justin Madden launched a new practical guide to help more than 470,000 homeowners in high risk areas retrofit existing homes to better withstand a bushfire. Mr Madden said the detailed guide helps people improve their preparedness using the six Bushfire Attack Levels (BALs) as a benchmark. Further information can be found on the Building Commission website.
More...

Cases

CGS & Co Pty Ltd v The Owners - Strata Plan No. 5290 [2010] NSWSC 1173
Assignment - assignment of cause of action - GC9 of Building Contract forbade assignment of the contract or any payment thereunder without prior written approval - held an assignment of a claim for payment without consent by Liquidator of the contractor did not have effect as an equitable assignment. CORPORATIONS - winding up - disposition by Liquidator of claim for payment took effect under s477(2) of Corporations Act notwithstanding that assignment was not otherwise possible – building repair work.More...

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Melbourne

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Chris Edquist
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Sydney

Amanda Davidson
Partner
T: +61 (0)2 8083 0333
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Grant Parker
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T: +61 (0)2 8083 0428
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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.