In the media
National
Approvals for detached houses sink to five year
low
Approvals for new detached houses across Australia are at
their lowest ebb since late 2013, according to Shane Garrett, Chief
Economist of Master Builders Australia. ABS figures which have just
been released indicate that detached house approvals fell by 2.1
per cent during September to record their weakest monthly result
since December 2013 (30 October 2018).
More...
The future of on-site construction
Known as Smart Site Hubs, they will redefine the
construction narrative as the on-site workplace changes to
incorporate more off-site fabrication and factory-led innovations
to change the way buildings are made, assembled and operated (25
October 2018).
More...
Uncertainty and interventions putting hard won
reputation under threat
Australia is still the destination of choice for
infrastructure investors, but that hard-won reputation is under
material threat, with investors spooked by increased market
intervention and policy uncertainty, according to a new report from
Infrastructure Partnerships Australia and Perpetual Corporate Trust
(24 October 2018).
More...
New South Wales
First look at Western Sydney Airport visitor
centre
The first concept design of the Western Sydney Airport
visitor centre has been revealed following the awarding of the
construction contract. Australian construction company Watpac were
the successful bidder following a rigorous procurement process (31
October 2018).
More...
Closing loopholes for certifiers
The Minister for Better Regulation Matt Kean said the
reforms passed in Parliament would allow the New South Wales
Government to come down hard on dodgy operators with the toughest
penalties to date. Changes in the Building and Development
Certifiers Bill 2018 are outlined
here (26 October 2018).
Prompter payments for subbies
Building contractors and sub-contractors will now enjoy
more financial security and prompter payments for their work under
reforms introduced to Parliament. Minister for Better Regulation
Matt Kean said the Government was continuing to consult on the
potential for a statutory trust arrangement, which would quarantine
money for paying sub-contractors (24 October 2018).
More...
Queensland
Queensland continues to fuel the nation
More than 6600 square kilometres of unexplored land in
gas-rich Queensland is to be opened up for exploration – more
than 900 km2 of it to supply the Australian market only (02
November 2018).
More...
Researcher develops robot to detect structural faults in
buildings
A researcher that's developing a robotic system to
detect structural faults in buildings has received an innovation
grant from the Palaszczuk Government (01 November 2018).
More...
QBCC: Mandatory reporting of safety incidents
Licence holders in Queensland's building industry have
been reminded that reporting of serious safety incidents is now a
mandatory requirement for industry members and people can be
prosecuted for failing to do so (31 October 2018).
More...
Tradies 'numb', subcontractors unpaid after JM
Kelly construction collapses
Rick Evans' work as a concrete driller in Rockhampton
is gruelling work — but it is not nearly as stressful as
being left stranded with unpaid bills (25 October 2018).
More...
Victoria
Fire protection registration and licensing
The Victorian Building Authority (VBA)
met with industry and government stakeholders on Friday, 26 October
2018, to discuss the proposed process for establishing restricted
classes of registration and licensing for routine servicing of fire
protection equipment, so that those competently carrying out this
critical work can continue with certainty (30 October 2018).
More...
200,000 new residents: Melbourne's northern suburbs
need huge infrastructure injection
A report for a group representing Melbourne's north
calls for a range of big infrastructure projects to be started over
the next decade (26 October 2018).
More...
Faster processing times for company registration
The Victorian Building Authority has received a higher
than expected number of company registration applications since 1
July 2018 and is implementing a range of improvements to reduce
application processing times to two to three weeks (26 October
2018).
More...
Published - articles, papers, reports
Outer urban public transport: Improving accessibility in
lower-density areas
Infrastructure Australia
This paper assesses the quality and accessibility of public
transport services in Australia's five largest cities. The
paper reveals the extent of public transport disadvantage in some
areas compared to others and the impact on travel patterns and
liveability (26 October 2018). More...
Australian Infrastructure Investment Report 2018
Infrastructure Partnerships Australia;
Perpetual Corporate Trust
(PCT)
This year's report captures the views of sophisticated
international and Australian investors who together collectively
own or manage circa AUD$380 billion of infrastructure assets across
the globe (24 October 2018).
More...
ACI construction briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry (29 October 2018).
More...
Australian Bureau of Statistics
Building Approvals, Australia, Sep 2018 (cat no. 8731.0)
(30 October 2018).
More...
In practice and courts
New South Wales
Better Business Reforms
The Fair Trading Legislation Amendment (Reform) Bill
2018 passed Parliament on 24 October 2018.
More...
The bill implements the majority of reforms first explored in the
Easy and Transparent Trading paper.
More...
Cases
Doka Formwork Australia Pty Ltd v Complex Formwork Pty
Ltd, Romeo Ibrahim, and Toplace Pty Ltd
[2018] NSWDC 326
Guarantees and Indemnities between principal and
subcontractors – allocation of payments – implied or
actual relationship of agency – misappropriation of cheques
– supply and sale of goods and services – Mercantile
law.
Burrell v Mullin [2018] NSWLEC
165
INTERLOCUTORY APPLICATION: application to restrain
building and construction works below residential and commercial
premises – serious issues to be tried in relation to the
validity of a complying development certificate issued by a private
certifier – balance of convenience in favour of granting
interim injunctive relief – expedited final hearing
ordered.
Lendlease Building Contractors Pty Ltd v Insurance
Australia Limited [2018] NSWSC
1595
CIVIL PROCEDURE - Parties - Necessary and proper - Whether
joinder necessary - Rectification - Existing parties to contract do
not wish to be joined - Existing parties to contract consent to be
bound by orders - Joinder not necessary. Builders arranged
professional indemnity insurance for the Project by submitting a
proposal via the Broker to the Insurers.
JM Kelly Builders Pty Ltd & Ors v Queensland Building
and Construction Commission [2018] QCAT
333
PROFESSIONS AND TRADES – BUILDERS – LICENSES
AND REGISTRATION – OTHER MATTERS – where son in family
business was entitled 'General Manager' but had no other
formal position – whether excluded individual because he was
influential – whether individual was influential person for
other companies in group construction company –
interpretation of words 'control' and 'substantially
influence.
Coal Projects Pty Ltd v Maicome Pty Ltd [2018] VCC
1730
JUDGMENT – whether ex parte judgment entered
irregularly under the Building and Construction Industry
Security of Payment Act 2002 (Vic) Act because the plaintiff
was not a 'claimant'.
STAY – whether stay should be granted where set-off claimed -
application of s47 of the Building and Construction Industry
Security of Payment Act 2002 (Vic) and s553C of the
Corporations Act 2001 (Cth) – whether stay should be
ordered subject to provision of further security.
Building and Construction Industry Security of Payment Act
2002 (Vic), Building Act 1993 (Vic), Corporations
Act 2001 (Cth), County Court Act 1958 (Vic), County
Court Civil Procedure Rules 2008.
Held: I do not consider Maicome should be ordered to provide
security as a condition of the stay being granted because of the
prejudice it might cause Maicome in circumstances where its claim
for a set-off may well exceed the amount of the interim judgement
entered by Coal.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.