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what’s news in construction & infrastructure?
latest news 3 september 2008
Commonwealth
Bid to bypass building unions
28 August 2008
Building industry employers have taken the extraordinary step of urging companies to bypass unions and sign non-union deals with employees that promise more flexible working arrangements. more...
Construction declines as engineering falls
27 August 2008
Construction work done declined in the June quarter as engineering work fell back alongside continued weakness in residential and nonresidential building, according to Master Builders Australia. more...
Government must hold firm in face of union campaign
25 August 2008
Australia’s peak building and construction industry association, Master Builders Australia, has urged the Government to stand firm on its commitment to measured industrial relations change in the face of a renewed union scare campaign for the early abolition of the Australian Building and Construction Commission (ABCC). more...
Victoria
Environmental study gives desal plant green light
21 August 2008
The Victorian Government's environmental effects study (EES) on the state's $3.1 billion desalination project has found there will be no long-term or irreversible damage to the environment from the construction or operation of the project. However, the report also states that more than 1.4 million tonnes of greenhouse gas will be pumped out during the construction of the plant, and another 1.2 million tonnes emitted each year once it is operating. more...
Rudd won't move on Building andConstruction Commission
25 August 2008
Prime Minister Kevin Rudd has told Government MPs he will not be budging on an election promise to retain the Building and Construction Commission until 2010. more...
Union delegate misled building contractor
The Federal Court has ruled that a CFMEU delegate made false and misleading statements regarding a building contractor's obligation to join the union. CFMEU and CFMEU delegate Sam Fry contravened s.298SC(c) of the Workplace Relations Act 1996 (WR Act) by making false and misleading statements regarding a building contractor’s obligation to join the union; and s.170NC of the WR Act by demanding that the building contractor enter into a certified agreement with the CFMEU. more...
New hazardous waste reduction funds
29 August 2008
A second round of funding for the Victorian HazWaste fund, providing financial support for new hazardous waste reduction initiatives has been announced. The HazWaste Fund is administered by EPA Victoria and any organisation involved in generating, treating, transporting, researching or disposing of hazardous waste or contaminated soil is eligible to apply for funding. Information and application forms are available at more...
New South Wales
Blocking Goulburn's pipeline 'disastrous'
20 August 2008
The Mayor of Goulburn, Paul Stephenson, says three councillors are 'messing around' with the future of the area by stalling the development of a water pipeline. more...
Companies fined $180k over Sydney building site death
18 August 2008
A building company and an engineering company have each been fined $180,000 over the death of a worker on a building site in Sydney's west. The Industrial Relations Commission fined Kaydee Engineering and Sacco Builders $180,000 each, for breaches of safety, supervision, and training laws. more...
Queensland
Pipeline sticks to existing easement
21 August 2008
Deputy Premier and Minister for Infrastructure and Planning, Paul Lucas has announced the preferred corridor for the Northern Pipeline Interconnector (NPI) Stage 2 for the Panorama Drive area at Nambour. It has been decided the preferred corridor will run within the existing Energex easement that traverses Pringle Hill. more...
State calls-in heritage-listed Yungaba development
20 August 2008
Deputy Premier and Minister for Infrastructure and Planning Paul Lucas has “called-in” a development application for the State heritage-listed Yungaba Immigration Depot at Kangaroo Point. A development application by Australand to preserve, restore and adapt the heritage-listed Yungaba building, and build a new multicultural centre plus three, eight-storey apartment blocks on the site, was approved by Brisbane City Council June 2008. The Yungaba building was the first building protected on the State-listed Heritage register. more...
Creating a recycled water network
20 August 2008
AquaNet Sydney Pty Ltd together with Veolia Water Australia recently signed an agreement with Sydney Water to build, own and operate the nation's first privately-owned recycled water system. The $100 million scheme will initially provide 4.3 billion litres per year of high quality recycled water to Sydney Water to supply industrial and commercial customers by early 2011. Construction will begin in 2009. more...
$230million for new runway please
18 August 2008
Sunshine Coast Council will seek $230 million in federal funding for a new runway that would not only guarantee tourism flights into the future but also form the base for a huge aeronautical support industry. Mayor Bob Abbot said if the federal funding bid to the Prime Minister in Canberra was not successful, all other options to secure the project would be examined including various levels of private equity ownership of the airport. more...
Chinatown pagodas closed after more Brisbane safety fears
29 August 2008
The City Council has fenced off four pagodas in the Chinatown Mall in Fortitude Valley to ensure no one gets hit by falling debris after a recent inspection found the 20-year-old structures had become unstable. It is the second landmark to be closed this week, after the Queensland Government shut down part of a riverside walkway in the CBD. more...
publications/conferences
Opportunities for private infrastructure investment
Source: InFinance, August 2008: pp44-45
Climate Change message for building is clear
Builders want sensible reforms which deliver immediate and wide-scale results for sustainable buildings without compromising affordability. Environment - Brian Welch - posted 13/8/2008 more...
Slips, Trips & Falls in Buildings - Media Release & Report Now Available
18 August 2008
The media release and final report on the relationship between Slips, Trips and Falls and the Design and Construction of Buildings are now available. more...
New look at northern marine precinct project
26 August 2008
Coordinator-General Colin Jensen announced the Townsville Marine Precinct Project as a significant project for which an Environmental Impact Statement (EIS) is required. The project had already been identified as a key infrastructure component of the Townsville City - Port Strategic Plan released by the Department of Infrastructure and Planning in June 2007.The proposal will provide a dedicated marine precinct for commercial and recreational use at the mouth of the Ross River in the Port of Townsville. more...
Summary and consultation: About North Bank
North Bank is a two kilometre stretch of Brisbane’s CBD riverfront from the William Jolly Bridge to the Goodwill Bridge currently dominated by the Riverside Expressway and is perfectly placed to become a dynamic inner city attraction and riverfront public space to complement its cross river neighbour, the iconic South Bank. The information below summarises the investigations and key findings of the enquiry by design workshop including the design guidelines which will be used to guide the future development of North Bank. This is your opportunity to have your say and contribute to the future development of this important part of Brisbane, by Wednesday 24 September 2008. Provide your feedback to email:
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NSW: Planning Circular - Commencement of further provisions of EP&A Amendment Act 2008
22 August 2008
Advises of the commencement of further provisions of the Environmental Planning and Assessment Amendment Act 2008 on 1 September 2008. more...
NSW: planning reforms strengthen Council powers
25 August 2008
Changes which come into effect from the beginning of September, are part of the NSW Government’s suite of planning reforms and will ensure that Councils are reimbursed for resources spent assessing DAs which are substantially amended by the applicant in court. Councils will also have additional powers to require people, including applicants and accredited certifiers, to answer questions and provide information that is necessary to enable a Council to properly exercise its planning functions. more...
legislation
Queensland Regulations
Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 1) 2008. This regulation amends s 7 (Prescribed percentage for levy - Act, s 72) of the Building and Construction Industry (Portable Long Service Leave) Regulation 2002 and commences on 1 September 2008. Explanatory Memorandum more...
New South Wales
Bills introduced
Home Building Amendment Bill 2008
Regulations
Contaminated Land Management Regulation 2008 Environmental Planning and Assessment Amendment (Savings and Transitional) Regulation 2008
cases
AJ Lucas Drilling Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd (No 3) [ 2008] VSC 315
Building contracts - profit on unperformed work following termination of contract - nature of profit - whether includes allowance for risk - nature of risk. Costs - costs follow the event - whether costs should be apportioned between parties by reference to success on issues - questions determined in two trials - whether failure by plaintiff on many issues at first trial warrants an adverse order for costs of that trial - plaintiff successful overall.
Collie Planning & Development Pty Ltd v Premier Building & Consulting Pty Ltd [2008] VSCA 146
Costs - application for leave to appeal from order that a successful party’s costs of counsels’ appearance during a long trial be limited, for part of that trial, to one junior counsel - application dismissed.
McAskell & Anor v Cavendish Properties Ltd & Ors [2008] VSC 328
Practice and procedure - Discovery sought by sixth and seventh defendants of confidential settlement between plaintiffs and first to fifth defendants - Claims involve proportionate liability - Whether terms of settlement relevant to any fact in issue - Wrongs Act 1958 - builders in the present case seek to bring their application on the basis of s 24AK and the observations of Byrne J in relation thereto, the application is premature because the builders have not yet been held liable for the plaintiffs’ alleged loss or damage.
Glenwood Homes P/L v Eberhard & Ors [2008] QSC 192
Procedure - costs - recovery of costs - where application by plaintiff under r 708 of the Uniform Civil Procedure Rules - where originally ordered that defendants and the third party pay the plaintiffs costs of the application - where parties against whom the order was made were represented by a single firm of solicitors - where cost statement served - where first and third defendants and the third party filed notice of objection - where plaintiff seeks default costs assessment pursuant to r 708 - whether first and third defendants jointly and severally liable for default costs assessment made against second defendant. more...
Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248
Building and construction - Building and Construction Industry Security of Payment Act 2002 - payment claim - whether construction work sufficiently identified - whether claim was for progress payment or final payment - payment schedule - whether several documents in aggregate can satisfy the requirement when not intended to be schedule. Practice and procedure - summary judgment - whether disputed points of law may be finally resolved on motion for summary judgment. Trusts - payment of retention moneys into separate account - conditional trust
Cook's Constructions Pty Ltd v Stork Food Systems Aust Pty Ltd [2008] QSC 179
Contracts - building, engineering and related contracts - the contract - construction of particular contracts and implied conditions - other matters - interpretation of a clause for measuring quantities - whether quantity of work claimed had been measured in accordance with the contract - contracts - building, engineering and related contracts - the contract - where a clause of the contract required a party to give notice of a claim for breach of the sub-contract within 14 days - where no notice was given - whether the provision of progress claims satisfied that clause - contracts - building, engineering and related contracts - other matters - where Plaintiff did not hold a licence under the Queensland Building Services Authority Act 1991 - whether work completed by the plaintiff was ‘building work’ within the meaning of the Act - whether the ‘building work’ the defendant had paid for was paid by mistake - contracts - building, engineering and related contracts - remuneration - where plaintiff is entitled to ‘reasonable remuneration’ under the Queensland Building Services Authority Act 1991 for work completed - appropriate methods for calculating reasonable remuneration - relevance of expert reports in determining reasonable remuneration - contracts - building, engineering and related contracts - the contract - whether the contract was a lump sum or schedule of rates contract - contracts - building, engineering and related contracts - remuneration - amount - whether rates and quantities claimed for work were claimed in accordance with the subcontract - evidence - miscellaneous matters - rule in Browne v Dunn - where party did not cross examine on conflicting evidence in expert reports where such reports had been provided to the opponent in advance of the trial. Evidence - miscellaneous matters - rule in Jones v Dunkel - whether adverse inferences could be drawn from a party not calling witnesses in relation to matters which only formed part of the background ‘factual matrix’ of the case. more...
Cook’s Constructions P/L v Stork Food Systems Aust P/L [2008] QSC 186
Procedure - supreme court procedure - queensland - pleading - amendment - application to amend statement of claim once trial has commenced - where there is no explanation for failure to plead amendment earlier - where amendment changes the plaintiff’s case on a central issue. Estoppel - former adjudication and matters of record or quasi record - former adjudication - issue estoppel - general matters - where there had been pre-trial orders relating to pleadings - whether decision set out a concluded view as to the proper construction of a subcontract. more...
J and Q Investments Pty Ltd v ZS Constructions (NSW) Pty Ltd [2008] NSWSC 838
Building and engineering contracts - Building and Construction Industry Security of Payment Act 1999 - whether adjudicator denied party natural justice by failing to consider portions of adjudication response - whether failure to exercise powers in good faith - whether adequate reasons given for valuation of claim. Held: If the adjudicator considered material in the adjudication application that went beyond the dispute so identified, and canvassed matters that were not within the scope of the issue as determined by him, then he may have made more work for himself, but he did not however commit reviewable error thereby. Equally, in failing to consider material put forward by J & Q Investments which fell outside the scope of the issues as determined, the adjudicator did not commit reviewable error. There was no failure to exercise the power given by the adjudicator, or any breach of the basic and essential requirements for validity of an adjudication determination. more...
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