In the media
Wake up call for labour hire employers on wages
An Australian Building and Construction Commission
(ABCC) audit of 63 labour hire employers revealed
a disappointing 79 per cent didn't meet all their obligations
under Australia's workplace laws (19 June 2020).
More...
Building efficiency for jobs and growth
An advocacy agenda released by a coalition of industry
bodies is calling on governments to make every building count in
Australia's economic recovery. The sector focused platform,
which leverages recommendations from the flagship report Every
Building Counts highlights ways that energy efficiency building
programs can boost construction activity and jobs (17 June 2020).
More...
Export ban means its time to stop wasting our
waste
New research from Infrastructure Partnerships Australia
shows our looming waste crisis is a once in a generation
opportunity to embrace energy recovery as an effective way of
managing waste and providing baseload power (16 June 2020).
More...
Court decision clears way for cladding class action to
continue
A?class action seeking?product liability?damages from a
cladding?maker has scored a "major win" in the FCA,
paving the way for the lawsuit to continue, litigation funder
Omni?Bridgeway?says. The class action against 3A Composites and
Sydney-based HVG commenced last year and last February, it gained
approval from the court to also seek damages for false or
misleading representations (15 June 2020).
More...
New South Wales
Western Sydney City Deal delivering jobs and community
infrastructure for the Parkland City
Activity across Western Sydney has cranked up a gear with
work commencing on the Campbelltown Billabong Parklands (24 June
2020).
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Registrations for engineers compulsory in New South
Wales
Australia's three largest states now require engineers
to have compulsory registration after the New South Wales
government passed laws to reform the state's building sector.
The new laws, which will initially apply to professional engineers
in the civil, structural, electrical, mechanical and fire safety
engineering fields (23 June 2020).
More...
Planning approval granted for new Sydney Fish
Market
A world class new Sydney Fish Market is one step closer
with the Department of Planning, Industry and Environment granting
planning consent for the project (17 June 2020).
More...
Queensland
Construction powers ahead on historic port upgrade
The $193 million Port of Townsville Channel Upgrade
Project has undergone a project milestone, with the delivery of
more than half of the total rock required to build a protective sea
wall (26 June 2020).
More...
$415M investment to create more infrastructure jobs in
QLD
The Commonwealth and Queensland Governments have announced
that they will jointly invest an additional $415 million to deliver
shovel-ready infrastructure projects and urgent road safety
upgrades across the state (24 June 2020).
More...
Queensland Government announces raft of new grants for
first home owners, small business, seniors
The Queensland Government has announced big ticket cash
grants for first home owners, small businesses, seniors needing
household repairs and a $100 million program to build social
housing around the state (16 June 2020).
More...
Victoria
Billion dollar boost to building and construction
Treasurer Tim Pallas announced the Government's
Building Victoria's Recovery Taskforce had helped fast-track
another seven projects, which have all now received planning
approval (26 June 2020).
More...
Fixing flammable cladding faster and creating local
jobs
Government announced the world first program will be
accelerated to work closely with industry, with work to start on up
to 400 buildings within two years. Cladding Safety Victoria
(CSV) will work with a select group of reputable
builders to rectify their projects at no-profit (23 June 2020).
More...
Farmers fight plans to install high-voltage transmission
line
A proposed high-voltage power project over farmland causes
community distress in western Victoria (18 June 2020).
More...
Cases
New South Wales
TFM Epping Land Pty Ltd v Decon Australia Pty
Ltd [2020] NSWCA
118
Leave to appeal refused, with costs.
BUILDING AND CONSTRUCTION - Building and Construction Industry
Security of Payments Act 1999 (NSW) - builder served payment claim
- developers failed to serve payment schedule - builder obtained
judgment pursuant to Act - developers' appeal from judgment
dismissed - proceedings based on construction contract pending in
Technology and Construction List - late filing of cross-claim by
developers - no explanation for late filing of cross-claim -
developers seek further stay of judgment pending determination of
main proceedings - developers claimed that they would be wound up
if no stay were ordered and the cross-claim would not be
adjudicated - primary judge dismissed application for a stay -
whether any error of principle - whether principles in a
"Grosvenor stay" applicable - Grosvenor Constructions
(NSW) Pty Ltd v Musico [2004] NSWSC 344 considered - whether
developers had demonstrated basis for stay of execution - leave to
appeal refused
Building and Construction Industry Security of Payment Act 1999
(NSW), ss 13, 32; Civil Procedure Act 2005 (NSW), s 56
Queensland
Murphy Operator & Ors v Gladstone Ports Corporation (No
6) [2020] QSC 192
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – DISCOVERY AND INTERROGATORIES – DISCOVERY AND
INSPECTION OF DOCUMENTS – DISCOVERY OF DOCUMENTS –
APPLICATION AND ORDER – APPLICATION – where the
plaintiff seeks order that defendant disclose numerous documents
– where defendant resists on the grounds that the documents
are irrelevant – whether the documents fall into the
categories for discovery – whether the documents are relevant
to issues raised in the pleadings – whether the documents
ought be disclosed
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– SECURITY FOR COSTS – AMOUNT AND NATURE OF SECURITY
– where defendant seeks further security for costs –
where plaintiff agrees that further security for costs is required
– where parties cannot agree as to form and quantum of
security – where security for costs previously provided as a
deed of indemnity from a company based in the United Kingdom
– where the defendant submits that due to COVID-19, Brexit,
and a loss of £20.2 million a further deed of indemnity would
be an inappropriate from of security - whether there has been a
material change in the company which provided the previous deeds of
indemnity – where the appropriate quantum for security for
costs needs to be assessed by the court
Uniform Civil Procedure Rules 1999 Qld r 211, r 223, r 670, r 671,
r 673
Project 88 TPF Pty Ltd v Open Projects Group Pty
Ltd [2020] QSC 167
CORPORATIONS – WINDING UP – WINDING UP IN
INSOLVENCY – STATUTORY DEMAND – APPLICATION TO SET
ASIDE DEMAND – GENUINE DISPUTE AS TO INDEBTEDNESS –
where the parties entered into a commercial building contract for
the respondent to fit out the applicant's premises –
where the applicant fell behind in its payments – where the
respondent contends that the parties settled on a compromise
agreement out of which a debt, in the amount of $450,000, was due
and payable and forms the basis for the statutory demand –
where the applicant disputes that a settled compromise agreement
was reached – whether there is a genuine dispute about the
debt. Corporations Act 2001 Cth s 459E, s 459G, s 459H, s 459J
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.
