Construction & Infrastructure - What's News - 13 May 2014

In the media

Infrastructure Top Priority for Federal Budget: Construction CEOs Say
Increased spending on infrastructure has emerged as the top priority for businesses in the building industry, according to the latest survey of nearly 400 business leaders (07 May 2014). More...

Budget: Tony Abbott government prepares to unveil $10 billion infrastructure package
The Abbott government will unveil a new $10 billion infrastructure package in its first budget offsetting the political pain of a harsh blueprint winding back social security, cutting family payments, introducing 'user pays' in health and education, and featuring increased taxes (07 May 2014). More...

Infrastructure spending hurting states
Runaway contributions to infrastructure by the states and territories are responsible for a $106 billion drop in their finances since 2006, a new report has found. The state and territory governments have spent more on infrastructure, particularly road and rail, over the past five years than at any time since statistics were first measured in the 1980s (05 May 2014). More...

Master Builders: Confidence in construction industry
Confidence improved in the March quarter across all measures of business activity and expected profitability, the Master Builders National Survey of Building and Construction, released last week has found (01 May 2014). More...

Australia's unions warned to get paperwork in order for royal commission
Australia's peak union body has warned its affiliates to be prepared to provide documents at short notice showing any payments they have made to officials, relatives or political campaigns (30 April 2014). More...

New South Wales

New Sydney CBD Ferry hub to be built at Barangaroo
An all-new ferry wharf is set to be built at Barangaroo, and is scheduled to open to customers in 2016. The new ferry wharf and interchange hub is part of Sydney's Ferry Future – a blueprint to expand Sydney's ferry network over the next 20 years (06 May 2014). More...

South West Rail Link extension to Badgery's Creek Airport consultation begins
The NSW Government has started work to set aside a future corridor for a South West Rail Link extension to Sydney's second airport, with community consultation set to begin this week (28 April 2014). More...

Queensland

Unpopular Qld asset sales still possible
The Queensland government could override the results of its own $6 million public consultation program on the sale of public assets. Preliminary results show most of the 40,000 voters who've had their say would rather see gaming and mining taxes increased than assets sold (09 May 2014). More...

Building industry to benefit from cuts to red tape
The State's construction industry has received a boost, with new legislation making it easier, quicker and more cost-effective to connect to the water and sewerage system. From 1 July 2014, SEQ water service providers will be able to provide direct approval to developers for new projects ranging from a new house to a large apartment complex (07 May 2014). More...

Victoria

Rail and motorways right ingredients for growth
Victoria has delivered an excellent infrastructure budget, with the hard work of disciplined fiscal management and the announced sale of the Port of Melbourne now bearing fruit in terms of major projects that matter, says Infrastructure Partnerships Australia (06 May 2014). More...

Legislation will improve building regulation and better protect consumers
The Victorian Coalition Government has introduced legislation into Parliament to implement reforms that will deliver far reaching improvement to the building system for Victorian consumers and builders (08 May 2014). More...

2014-15 Victorian State Budget is building a better Victoria
The Victorian Coalition Government 2014-15 Victorian State Budget will deliver a once in a generation investment in State shaping infrastructure to create jobs, drive economic growth and boost productivity right across Victoria (06 May 2014). More...

Published – articles, papers, reports

Building approvals, March 2014
Author: Australian Bureau of Statistics
ABS Building Approvals show that the number of dwellings approved fell 0.8 per cent in March 2014, in trend terms, dwelling approvals increased trend terms in Tasmania (6.2 per cent), the ACT (0.8 per cent) and NSW (0.6 per cent). Dwelling approvals decreased in March in QLD (3.4 per cent), South Australia (1.5 per cent), VIC (0.6 per cent) and WA (0.1 per cent) in trend terms (05 May2014). Building Approvals, Australia, Mar 2014 (cat no. 8731.0).

Practice and courts

NSW: Sort your BASIX projects more effectively
The BASIX Project Portfolio has a new filter to sort projects more effectively. The filter can refine the projects being viewed (i.e. in progress, completed or archived projects) (09 May 2014). More...

NSW: A3 certifiers and alternative solutions
A3 certifiers can ONLY issue a complying development certificate, construction certificate or occupation certificate for class 1 and 10 buildings if the building meets the BCA performance requirements. The Building Professionals Act 2005 sets a maximum penalty of $33,000 (02 May 2014). More...

VIC: VBA Mail 29 April 2014
The 29 April 2014 edition of VBA Mail is now available to view online.
In this edition: National Construction Code 2014 - from 1 May; Focus on staged building permits. Landmark fine for kit home builder; Victorian building permit activity for March 2014. Victorian plumbing compliance certificate activity for March 2014.

Cases

The Owners - Strata Plan No 61162 v Lipman; The Owners - Strata Plan No 61162 v Building Insurers' Guarantee Corporation [2014] NSWSC 482
Order that report of referee be adopted with agreed variations. Interest to be allowed in accordance with the rules. Reserve costs. BUILDING AND CONSTRUCTION - Referees' Reports - adoption - whether referee took correct approach in reaching his determination - whether to adopt referee's report with variations. PROCEDURE - Interest - Prejudgment interest - whether delay warrants a reduction in the rate of interest under Civil Procedure Act 2005 or in the time for which interest is to be allowed. More...

McGlashan v QBE Insurance (Australia) Ltd (No 2) [2014] NSWSC 486
TORTS - negligence - duty of care - workplace injury - duty of principal to independent contractor - whether duty to control system of work of independent contractor - whether principal owed duty to provide the necessary manpower to contractor for compliance with usual industry practice. More...

Macmahon Mining Services v Cobar Management [2014] NSWSC 502
CONTRACT - terms and conditions - limiting liability clause - interpretation of clause excluding or limiting liability for consequential loss - whether contract should be construed so as not to deprive one party of its benefit. PROCEDURE - summary dismissal - general principles - summary dismissal of part of claim. PROCEDURE - Application for order that question of construction to be dealt with as a separate question - whether court should proceed on hypothetical basis - Uniform Civil Procedure Rules 2005 (NSW), r 28.2. More...

Troy Richardson's Building Approvals & Inspections v Queensland Building and Construction Commission [2014] QCAT 138
Private certification – whether unsatisfactory conduct – whether professional misconduct – where certification of retaining wall by a building certifying after it was constructed – whether further investigations which should have been required by certifier – whether the traditional meaning of professional misconduct should apply where specific legislation applies – whether the conduct of the building certifier was causative of a compromise to the health or safety of others. Briginshaw v Briginshaw (1938) 60 CLR 366 Drake v Minister for Education (1979) FLR 577 Schwede v QBSA, Kennedy [2009] QCCTB 157 Shi v Migration Agents Registration Authority (2008) 235 CLR 286. More...

Northbuild Construction Sunshine Coast Pty Ltd v Beyfield Pty Ltd [2014] QSC 080
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where the applicant, as head contractor, entered into a construction contract with the first respondent, as subcontractor – where the first respondent made a payment claim pursuant to the Building and Construction Industry Payments Act 2004 (Qld) – where the payment claim was referred to an adjudicator – where the adjudicator ordered the applicant to pay the first respondent – where the applicant seeks judicial review of the adjudicator's decision - where the applicant contends that the adjudicator's decision was affected by jurisdictional error – whether the adjudicator misinterpreted the contract – whether misinterpretation of the contract amounts to a jurisdictional error. CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where the applicant, as head contractor, entered into a construction contract with the first respondent, as subcontractor – where the first respondent made a payment claim pursuant to the Building and Construction Industry Payments Act 2004 (Qld) – where the payment claim was referred to an adjudicator – where the adjudicator ordered the applicant to pay the first respondent – where the applicant seeks judicial review of the adjudicator's decision - where the applicant contends that the adjudicator denied the applicant natural justice – whether the adjudicator reached its decision on grounds not advanced by the parties – whether the adjudicator should have afforded the parties the opportunity to present further submissions. More...

Legislation

Victoria

Building Legislation Amendment Bill
The Bill will give effect to the Government's Domestic Building Consumer Protection Reform Strategy, and provides for: a one-stop-shop for building practitioner regulation and domestic building consumer protection; improved dispute resolution procedures, including the introduction of Rectification Orders to quickly and effectively resolve domestic building disputes; new Domestic Building Consumer Protection Fund to commence from 1 July 2015; improved building practitioner registration standards.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.