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

Contracts - construction contract - Building and Construction Industry Security of Payment Act 1999 - payment schedule - whether contract required a time for provision of payment schedule - contractual payment schedule replied to contractual progress payment claim - not to statutory payment claim - stated time was not for provision of statutory payment schedule.

 

CORPORATIONS - voluntary administration - deed of company arrangement - deed provides for creation of creditors' trust and execution of related implementation deed and charge - all such steps taken immediately after deed became binding - creditor applies for order under s 445D terminating deed of company arrangement - but deed already terminated by s 445C(c) upon completion of specified steps - no capacity to terminate again - reliance by plaintiff on s 447A in submissions in reply - claim for order terminating deed ab initio - whether new case can be mounted in submissions in reply - whether, in any event, s 447A order could have effect of terminating deed of company arrangement ab initio - where independently created rights and obligations have arisen from creditors' trust and related implementation deed and charge - comment on use of Part 5.3A to create scheme of administration outside Part 5.3A

 

Practice and procedure - Application for summary judgment - Whether there is no serious question to be tried upon any cause of action raised by the plaintiff - Whether there is a disputed question of fact - Whether it is in the interests of justice to dispose of the action summarily - Rules of the Supreme Court 1971 (WA) O 16 - Turns on own facts - Contract to design, construct, supply and supervise the installation of two seawater cooling towers for the ammonia plant. Paharpur is a corporation incorporated and carrying on business in India - amount of $8,074,770

 

Tort - Negligence - Alleged failure of installer of LP gas system in car to warn of risk of fire or explosion if system not checked annually - Duty of care - Scope of duty of care - Australian Standard AS 1425 - Duty to warn - Whether duty of care breached - Causation - Whether causation established

 

Penalty – failure to comply with Direction to Rectify

 

Application for a stay of a decision of the Queensland Building Services Authority; Commercial and Consumer Tribunal Act 2003; section 103 – matters taken into account; prospects of success on the substantive application

 

Review of cancellation of building license pursuant to section 49(3) of the Queensland Building Services Authority Act 1991 – fit and proper person; duties of building license holders and duties of executive officers of companies holding a business license

 

Money claimed under a small commercial building contract – terms of contract – authorised work – breach of condition – damages – interest – costs - Commercial & Consumer Tribunal Act 2003 –

Sections 70 & 71(4)

 

Summary application to dismiss review proceedings – Direction to Rectify issued further to Tribunal’s findings in review proceedings as to issue of previous Direction to Rectify.

 

Domestic Building dispute-retaining wall constructed by respondent not properly constructed-respondent unlicensed-work to be rectified by licensed contractor with the agreement of the applicant

 

Indemnity costs, necessity for Senior Counsel

 

Claim for unpaid fencing work, counterclaim for defective work

 

Application for an extension of time

 

Administrative law, Commercial and Consumer Tribunal Act 2003, section 126 - Authority’s view that this matter is not a defect but is a matter that should be

Raised and dealt with by the Body Corporate for the block of units

The Minister for Resources and Energy, Martin Ferguson AM MP, has announced details of the world's first commercial release of offshore areas designated specifically for the assessment of their greenhouse gas storage potential. These could be pumped with carbon emissions captured from coal power stations and oil and gas projects. Companies can now apply to the Federal Government for permits to explore and develop any storage sites they may find (27 March 2009)

The Queensland Environmental Protection Agency (EPA) is now investigating 10 mines that have had potentially toxic water spills that flowed off-site. Of greatest concern is the Lady Annie mine, north-west of Mount Isa, where two Waterways contaminated with heavy metals do not even meet the Australian Water Quality Guidelines for stock watering (23 March 2009)

Residents fighting a quarry development at Mt Cotton are celebrating after a court dismissed an appeal for its expansion. An application by Barro Group to extend its Mt Cotton quarry from 14ha to 52ha was last Friday deemed “not properly made’’ by the Planning and Environment Court. The court ruled Barro Group did not include in its application the necessary permission to use a State Government-owned road reserve within the site (28 March 2009)

The Government has announced the allocation to Australia's councils and shires from the Rudd Labour Government's $1.75 billion Roads to Recovery program over the next five years (2009/10 to 2013/14). Councils can use the funding they receive from the Program to make urgent repairs and upgrades to their local road networks. The funding is untied and can go towards the local priorities identified by local communities (25 March 2009)

 

A temporary guarantee over state government borrowings is being implemented to ensure the delivery of important infrastructure. The guarantee will be available for existing and new issuances of securities, but will not extend to those denominated in foreign currencies. A range of maturities will be covered by the guarantee, allowing states to meet their longer-term plans (26 March 2009)http://www.qbr.com.au/news/articleid/55308.aspx

The Bligh Government is making contingency plans for the beleaguered Airport Link toll tunnel project, the nation's largest infrastructure project. A rebel unitholder, faced with a massive $154 million liability on the partly paid units of BrisConnections, the Airport Link owner, has requisitioned a unitholder's meeting in a bid to wind up the group (28 March 2009)

 

The $100 million Gold Coast City Council stimulus package is in jeopardy with a group of councillors planning to throw out the city building project. The opposing councillors fear rates bills, which will rise by a minimum 5 per cent, could skyrocket if the council borrows up to $400 million to fund community projects (27 March 2009)

Telstra is being blamed for a room-sized hole gouged out under the bitumen of the main intersection in the regional Queensland city of Ipswich. The city's mayor Paul Pisasale on Thursday said the six metre square hole would cost the city $750,000. Council officers allege the damage began when Telstra failed to fix a main stormwater drain after they worked in the area a few years ago (26 March 2009)

 

The nation's competition watchdog has inflamed the debate on foreign investment in Australia by suggesting all state-owned Chinese companies should be considered "subsidiaries" controlled by the same parent (26 March 2009)

 

Barry Bros Specialised Services narrowly escaped conviction by pleading guilty to one charge of failing to provide and maintain a safe system of work, after one of its high-pressure cleaning hoses failed. According to Barry Bros, if it was convicted, it would jeopardise its capacity to tender for public sector work, affecting half of its $50m turnover (26 March 2009)

 

Author: Jeremy King, Bernard Edmond

Source: Australian Construction Law Newsletter, No 124, January/February 2009: p44-48

 

Author:

Source: Australian Construction Law Newsletter, No 124, January/February 2009: p49-50

 

Author: Scott Lambert, Troy Lewis

Source: Australian Construction Law Newsletter, No 124, January/February 2009: p52-55

 

Author: Steph O’Connor

Source: Australian Construction Law Newsletter, No 124, January/February 2009: p56-57

 

The 2009 Digital TV - Antenna Systems for Homes Non-Mandatory Handbook is now available

 

Urban Land Development Authority Regulation 2008 No.1B

Urban Land Development Authority Amendment Regulation (No. 1) 2009 (SL No 22 of 2009)

Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009 (Act No 1 of 2009)

Building Professionals Amendment (Authorisations) Regulation 2009 (SR No 94 of 2009)