What’s New - Construction Dev, Infrastructure, PPP, Resources

INDUSTRIAL LAW – Union protest outside head office for major construction project – Intent of protestors to influence contractor to make industrial agreement with unions not presently having members working on the project – Whether intent was for agreement to be made under Workplace Relations Act 1996 (Cth) – Whether intent of protestors also to secure employment of workers previously laid off by subcontractor – Whether intent to secure that employment in absence of claimed industrial agreement.

INDUSTRIAL LAW – Union protest outside head office for major construction project – Methods used by protestors – Whether illegitimate – Whether negated choice of contractor – Whether amounted to coercion or application of undue pressure.

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – PENALTIES AND LIQUIDATED DAMAGES – GENERAL PRINCIPLES – where appellants took an assignment of the original cause of action against the respondent – where the respondent and the original plaintiff had entered into a sub-contract under which the original plaintiff agreed to supply materials and labour for landscaping – where original plaintiff failed to perform certain contractual obligations by the date for practical completion specified in the sub-contract – where the primary judge found that the respondent had proved its counterclaim for liquidated damages and was also entitled to damages for the cost of undertaking work which the original plaintiff failed to perform – where the appellants submitted that the sub-contract was partly oral, partly written and partly formed by conduct – whether primary judged erred in construing the scope and content of the obligations under the sub-contract

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – PENALTIES AND LIQUIDATED DAMAGES – GENERAL PRINCIPLES – where primary judge found that the respondent had proved its counterclaim for liquidated damages – where appellants submitted that the parties, by their conduct, had waived compliance with the liquidated damages provisions or, alternatively, had agreed to an extension of time – whether primary judge erred in awarding liquidated damages

Access to documents – business affairs - release of the relevant documents – Council for work completed by four named sub-contractors - records of work completed and invoices from MSR Excavations

BUILDING AND ENGINEERING CONTRACTS - Building and Construction Industry Security of Payment Act 1999 - whether Construction Risks Insurance Policy contained a "construction contract"

INSURANCE - Construction Risks Insurance Policy - whether imposed an obligation on insured to perform construction work - whether obligation to take "reasonable precautions" simply a condition precedent to insurer's liability or whether it also gave rise to an enforceable promise to take those precautions. Building and Construction Industry Security of Payment Act 199

 

A Brisbane mining partnership is defying the economic downturn by committing to two multi-million dollar campaigns. Queensland Gas Company (QGC) and WestSide Corporation yesterday announced the launch of a joint $8 million exploration at a Bowen Basin mine (20 March 2009)

The Rudd Government's ambitious plans for major economic infrastructure projects are in crisis because of a lack of available financing from the private sector. Advisory body Infrastructure Australia is due to hand the Government a priority list of 20 "nation building" projects within days, with a price tag of about $45billion (19 March 2009)

A new independent infrastructure study gives a damning report on how Gold Coast City Council charges are damaging the local economy and frustrating new investment in the city. The 70-page report showed Gold Coast infrastructure charges were more than 200 per cent higher than the state average (20 March 2009)http://www.goldcoast.com.au/article/2009/03/20/61005_commercial-property.html

Government authorities such as the Roads and Traffic Authority have lost their longstanding right to resume parks and other public lands for a fraction of their true value. After a five-year legal battle that included a decision by the NSW Court of Appeal, Leichhardt Council has forced the RTA to pay market rates for 900 square meters of land that it resumed in 2003 to build the City West Link Road (17 March 2009)

Electrical contractor John Goss Projects is on the verge of having an $11 million contract terminated as a result of protracted strike action (19 March 2009)

ILO thumbsdown to ABCC
Construction workers have called on the Rudd Government to comply with the latest recommendation from the International Labor Organisation (ILO) and suspend the operations of Australian Building and Construction Commission (ABCC) (18 March 2009)

 

Court imposes $23,500 for blacklisting subcontractor
Penalties totalling $23,500 were recently imposed on the CFMEU, CFMEU (NSW) and organiser, Peter Primmer for breaching a section of the Workplace Relations Act 1996 (23 March 2009)

 

Media release from Infrastructure, Transport, Regional Development and Local Government Portfolio

Australia's air traffic control towers are set for a multi-million dollar equipment upgrade. The new equipment will be progressively rolled out to all of Australia's 26 air traffic control towers run by Air services as they are refurbished or rebuilt in coming years.

Technology firm Aconex has been selected to provide its online collaboration system to the $187 million Toowoomba Pipeline project in Queensland. Aconex is a web-based system designed to manage documents and correspondence and will be used to manage information and link organisations involved in the pipeline's construction. It will streamline communication and information-sharing between parties who include Clough Projects, Diversified Construction and Maunsell AECOM (18 March 2009)

Environmentalists slam mining application for Kakadu
Environmentalists say they are "aghast" uranium mine in Kakadu has lodged separate applications with the federal and Northern Territory governments to build a controversial facility only three days after it emerged it has been leaking into the national park. It is seeking to build a heap leach facility to treat 10 million tonnes of low grade material each year, producing between 15,000 and 20,000 tonnes of uranium oxide (18 March 2009)

 

Graziers meet with minister over mine contamination
The Lady Annie Mine, 120km northwest of Mount Isa, has been ordered to undertake remediation works following heavy metal contamination of rivers in north-west Queensland (17 March 2009)

 

The first two construction contracts for Defence homes have been signed as part of the Nation Building and Jobs Plan. Under the contract, 17 four bedroom homes will be built in North Brisbane by the end of 2009. Defence Housing Australia received $251.6 million under the Plan, and will build a total of 802 homes across Australia (16 March 2009)

 

The purpose of the amendments to the 6 Infrastructure Contributions Planning Scheme Policies is to provide an improved mechanism for Council to recover the costs of development infrastructure. The Integrated Planning Act 1997 requires that contributions are calculated and imposed on an equitable and transparent basis. Public exhibition commenced on Friday 13 March, and comment and submissions are available until 9 April 2009 http://www.brisbane.qld.gov.au/

The 1st of May will be the national adoption date for BCA 2009 with all the latest amendments incorporated into the BCA (18 March 2009)

The next Building Australia's Future 2009 conference, presented by Australian

Building Codes Board (ABCB), will be held at RACV Royal Pines Resort, Gold Coast.

The conference Key themes of the conference include: climate change—a moving target, performance through innovation—meeting objectives and expectations, energy efficiency—innovative software and future directions, common BCA misinterpretations and natural disasters

 

Legislative Instrument - F2009L01022 Number: SLI 2009 No. 43

These Regulations amend the Airports Regulations 1997, Airports (Building Control) Regulations 1996, Airports (Control of On-Airport Activities) Regulations 1997, and Airports (Environment Protection) Regulations 1997

 

Bill - C2009B00044

A Bill for an Act to amend the National Greenhouse and Energy Reporting Act 2007, and for related purposes Date Published: 18/03/2009