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 Whats news in construction infrastructure - 6 august 2008.pdf[Adobe Acrobat PDF - 567.62 KB]
what’s news in construction & infrastructure?
latest news 6 august 2008
Commonwealth
Consultation on ABCC replacement
24 July 2008
The government has issued the terms of reference for consultation on the Specialist Division of the inspectorate of Fair Work Australia that will replace the Australian Building and Construction Commission. The Specialist Division will commence operation on 1 February 2010 and will replace the Office of the Australian Building and Construction Commissioner. more...
New report proves Australia needs tough building watchdog
1 August 2008
Master Builders Australia today said that a new report showing the Australian Building and Construction Commission (ABCC) has delivered sustained productivity gains of around 10% to the construction industry reinforced the need for the continuation of the watchdog. more...
Victoria
Rest of Australia will reel from de facto industry-wide agreement
23 July 2008
Master Builders Australia, the peak body for the building and construction industry, has warned the federal Government that the rest of Australia will eventually feel the pain of the enterprise agreement negotiated by the unions and some contractors in Victoria. more...
Govt launches new coal bodies
31 July 2008
Federal Minister for Energy and Resources Martin Ferguson has launched a new coal council and carbon storage taskforce. more...
VET system failing residential construction industry
25 July 2008
The latest HIA-Austral Bricks Trades Report confirms that labour shortages persist despite failing activity, suggesting that urgent reform is needed to the vocational education and training (VET) system to avoid a future skills crunch. more...
New South Wales
New subdivision delivers infrastructure boost for South Coast
25 July 2008
The NSW Government has approved a new 182 lot residential subdivision, worth $5.2 million, near the village of Manyana on the NSW South Coast that will result in significant infrastructure improvements for the area. Executive Director of Major Project Assessment, Chris Wilson, said the proponent, Malbec Properties on behalf of Manyana Estates Pty Ltd, has agreed to pay an extra contribution of $120,000 through a Voluntary Planning Agreement on top of the compulsory infrastructure contribution it must pay Shoalhaven City Council. more...
Parkes gas-fired power station approved
21 July 2008
The NSW Government has approved a $50 million project application for a gas-fired power station near Parkes to help supplement growing power demand in the State’s Central West. Acting Minister for Planning John Hatzistergos said the project involved the construction of 3 turbines to generate a total capacity of 120-150 MW and a natural gas pipeline connecting the facility to the Central West Pipeline at Parkes. The proposal, by International Power (Australia) Pty Ltd, will also assist in alleviating existing constraints in the transmission of electricity in the area near Cowra, Forbes and Parkes and will ensure a stable, secure energy supply in the region. more...
Queensland
Bligh Govt drives global push for clean coal solutions
28 July 2008
Mines and Energy Minister, Geoff Wilson, said today that the Bligh Government was leading the charge with cutting-edge technology to tackle climate change by working towards a cleaner, green energy future with renewable energy sources and gas-fired power. All 4 of the country’s super-critical pulverised fuel combustion power plants are in Queensland. more...
Black Springs wind farm gets green light
25 July 2008
The NSW Government has approved a $32.6 million wind farm at Black Springs in state’s central west that is expected to save 43,660 tonnes of greenhouse gas emissions each year which is consistent with State Plan priorities for a reliable electricity supply with increased use of renewable energy. more...
Key planning reforms move forward
23 July 2008
The processing of development applications (DAs) will be further streamlined and councils given greater decision-making autonomy as a result of a proposed new planning policy being placed on exhibition today. The NSW Government is also proposing to reduce processing times for applications which will continue to require the concurrence or comment from State agencies. If the response or concurrence is not received in time, the council will be able to continue without agency advice. more...
NSW building approvals hit 25 year low
31 July 2008
Economists say poor zoning and planning are to blame for New South Wales recording its lowest level of building approvals in a quarter of a century. more...
Housing shortage to get worse in 2008: HIA
30 July 2008
Building approvals weakened further in June, following a big drop in May, to reach their lowest level since the end of 2006. HIA Chief Economist, Harley Dale, says the June update confirms a weakening in residential construction over the second half of 2008. On a seasonally adjusted basis, total building approvals fell by 0.7% in June following a drop of 7.8% in May. more...
legislation
Queensland
Regulations
Building and Other Legislation Amendment Regulation (No. 1) 2008
New South Wales
Proclamations commencing Acts
Environmental Planning and Assessment Amendment Act 2008 Building Professional Amendment Act 2008
publications/conferences
QLD: Draft guideline for the meaning of class 2 classification
31 July 2008
A draft guideline for the meaning of class 2 classification under the Building Code of Australia (BCA) has been published for comment on the Department of Infrastructure and Planning website. more...
QLD: Have your say on the draft schedule and guidelines for infrastructure charging
The Department of Infrastructure and Planning has released for comment 2 key documents that help local governments prepare infrastructure charges schedules attached to their priority infrastructure plans (PIPs). These key documents are part of the Queensland Government’s 5-point plan to get more consistent PIPs in place sooner, giving councils and industry greater certainty. more...
NSW: Expressions of interest for Building Professionals Board
Expressions of interest and nominations have been called for the Building Professionals Board (BPB). The BPB is entering a new phase in its operation, which includes implementation of a wide series of reforms to improve the accountability measures and standard of conduct for accredited certifiers. more...
NSW: Register to have your say on the HomeBuilding Act
The Office of Fair Trading is currently rewriting the Home Building Act 1989. The Act protects home owners doing building or renovation work by requiring builders and trades people to be licensed for the work that they do, and to have proper contracts and insurance in place for most jobs. When draft legislation is released for public consultation, we would like as many people as possible to consider the proposed changes and give us feedback. more...
NSW: Commencement of certain provisions of the EP&A Amendment Act and Building Professionals Amendment Act
The Environment Planning and Assessment Amendment Act 2008 and the Building Professionals Amendment Act 2008 ("the Amendment Acts") were assented to on 25 June 2008. Together with other matters, the Amendment Acts introduce significant changes to the planning and certification system in NSW. Some changes, where supporting regulations are not needed, will commence on 1 August 2008. The Department has prepared a Circular which outlines the provisions commencing on 1 August 2008. more
cases
A J Lucas Drilling Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd [2008] VSC 275
Building contracts - quantification of claims - assessment of pro-rata completion of contract works - assessment of extra work as a consequence of variation. Practice and procedure - preliminary trial of questions - fidelity to litigation process - amendment of pleading - amendment to raise issue which might have been dealt with at preliminary trial - amendment refused.
Bezzina Developers P/L v Deemah Stone (Qld) P/L & Ors [2008] QCA 213
Arbitration - conduct of the arbitration proceedings - powers, duties and discretion of the arbitrator - generally - where the first respondent contended that the second respondent (an adjudicator) had erred in law by failing to make a bona fide attempt to value the work in a progress claim submitted to him - where s 26 of the Building and Construction Industry Payments Act 2004 (Qld) required the second respondent to decide and not to inquire when making an adjudication decision - where subsections (c) and (d) of s 26(2) required the second respondent to consider the payment claim and submissions as well as any payment schedules and any submissions in support of it in adjudicating the dispute - where the second respondent’s reasons for the adjudication decision referred to the relevant background matters, parts of the payment schedule, the first respondent’s failure to lodge an adjudication response and the second respondent’s understanding of several paragraphs of the schedule - whether the second respondent failed to value the work in a manner required by the Act. more...
Ilvariy Pty Ltd trading as Craftsman Homes Northern Rivers v Moss [2008] NSWSC 718
Res judicata - cause of action estoppel - issue estoppel - merger - Anshun estoppel - no inconsistency in verdict or remedy - not same cause or essential facts - Anshun estoppel and cross-claim - not reasonable to require cross-claim in earlier proceedings - no estoppel. Appeal -Consumer, Trader & Tenancy Tribunal - no error - appeal dismissed. Contract - inappropriate to sue for damages for defective work while contract on foot.
Clough Engineering Limited v Oil and Natural Gas Corporation Limited [2008] FCAFC 136
Contract - construction contract - nature and construction of performance guarantees - whether right to exercise guarantees conditioned upon actual breach - whether bona fide claim of breach sufficient - whether actual breaches have occurred -exercise of performance bank guarantees to full amount - whether disproportionate exercise - whether unconscionable conduct - interlocutory injunctive relief refused at first instance - leave to appeal granted - performance bank guarantees held unconditional - breaches established - no serious question as to unconscionable conduct - appeal dismissed.
Entry permit not breached: Australian Building and Construction Commissioner (RE2007/3071) [2008] AIRC 1140
Union organiser had permit to enter worksite and the Building Commissioner claimed that permit had been breached. The Commission held that no such breaches had been established. It followed that such evidence could not be used to substantiate allegations that Mr Lane had inappropriately spoken to workers and had not worn appropriate safety equipment. Watson SDP observed that these were very serious allegations to make against someone in Mr Lane's position. It was consequently appropriate to reject the allegations and dismiss the application for revocation. more...
Thiess Pty Ltd & Anor v ConnectEast Nominee Company Pty Ltd [2008] VSC 287
Arbitration - construction of construction agreement - leave to appeal - whether manifest error - leave refused - misconduct - whether arbitrator’s finding was not argued before him - whether arbitrator failed to have regard to submission put to him - no misconduct.
Plaza West Pty Limited v Simon's Earthworks (NSW) Pty Limited [2008] NSWSC 753
Requirement that progress payment be calculated in accordance with the terms of the contract - adjudicator determines amount to be calculated by reference to a provision which is a mechanics provision rather than according to criteria set by contract - approach to calculation a matter for adjudicator - adjudication determination not invalid even if adjudicator makes error of law provided he makes bona fide attempt to exercise the power conferred by the Building and Construction Industry Security of Payment Act 1999 (NSW) - no denial of natural justice by adjudicator in not dealing with further submissions of respondent where to do so is unnecessary by reason of acceptance of claimant's primary submission - adjudication valid - claimant obtains judgment in District Court based on adjudication - respondent seeks repayment of part alleged to be liability of claimant to sub-contractor where respondent alleges it paid sub-contractor directly - failure to establish fact of payment - properly matter for cross claim under the Act or matter for District Court with respect to its own judgment.
Thiess Pty Ltd v Lane Cove Tunnel Nominee Company Pty Ltd [2008] NSWSC 729
Building and construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether relevant different time for provision of payment schedule from 10 business days otherwise required - the four day period in cl 14.3A of the Contract is not a provision which was intended to supplant nor supplants the ten day period in s 14.4(b)(ii) of the Act. more...
Leighton Contractors Pty Ltd v Belmont 16ft Sailing Club Ltd [2008] NSWSC 723
Contract - arbitration provision in building contract - construction - whether claims in tort and under trade practices legislation covered by submission to arbitration. more...
Golden Sands Pty Ltd v Excel Quarries Pty Ltd & Anor [2008] VSC 276
Contract - royalty agreement re sand extraction and treatment operations - warranties - warranty as to good standing under legislation and not liable to forfeiture or cancellation - warranty as to no outstanding requisitions, orders or requirements - whether breaches of warranties - breaches not established. Contract - implied terms - requirements for implication not met. Trade practices - Trade Practices Act 1974 (Cth) - misleading or deceptive conduct - whether failure to disclose existence and contents of certain expert reports misleading or deceptive conduct - misleading or deceptive conduct not established. Negligence - alleged negligent misstatement - no misstatement established on evidence. more...
Guttershield Systems Australia Pty Limited v LBI Holdings Pty Limited [2008] NSWSC 747
Intellectual property - reference for determination - cost of development of patents - measures of cost - whether historic cost or arms-length cost - not appropriate to apply indexation by way of an interest component - travel expenses should be actual expenses incurred - possible unjust enrichment is not a relevant factor in calculating cost of development - not appropriate to calculate what might have been the reasonable cost for developing the patents.
The Owners Strata Plan 66601 v Majestic Constructions Pty Ltd & Ors [2008] NSWSC 735
Insurer seeks to have insured join a third party (alleged by insurer to be a tortfeasor liable to insured), or alternatively, to itself cross claim - insurer not permitted to require joinder until it has accepted liability for insured's claim - no right in insurer to cross claim against third party. Construction of subrogation clause and consideration of whether insurer had accepted insured's claim.
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