News
Resources sector studies form guide on regulator
As Chinese companies and their Australian would-be partners eagerly await the Foreign Investment Review Board's decision on Chinalco's $US19.5 billion ($24.6billion) deal, the resources sector is forensically reviewing recent foreign investment decisions to gain an insight into how the regulator may rule (31 May 2009)
New home sales continue to rise nationwide
NEW home sales rose in April to their highest level in 14 months, which points to a sustained recovery, a home building industry group says (2 June 2009)
Tribunal blocks mining lease on ‘sacred’ site
An Aboriginal land corporation has had a historic win in the National Native Title Tribunal by blocking a company's application for a mining lease. In the first case where a company has failed to win a mining application on land granted under the Native Title Act, Reward Minerals subsidiary Holocene was denied a lease over Lake Disappointment in WA. (28 May 2009)
Council costs hit housing market
Queensland’s housing and renovation market is growing but the Gold Coast market is being killed by crippling infrastructure charges. The Housing Industry Association of Queensland said the Gold Coast had the highest infrastructure charges in the state, up to a staggering $70,000 a block (29 May 2009)
Govt may give water retailing back to councils
The State Government denies it is handing responsibility for south-east Queensland's water back to councils. The Government took over council-owned bulk water assets last year, as part of the water grid. It planned to create a new body to manage the distribution of water and sewage and merge local government-owned retailers (29 May 2009)
CMC Cairns will 'take years' to repay debts
Directors of north Queensland construction company CMC Cairns, which has gone into voluntary administration, say it will take years to repay debts to contractors (20 May 2009).
HIA predicts mid-year housing recovery
Australia’s struggling housing market will experience a turn-around over the next two years, says Housing Industry. Australia’s struggling housing market will experience a turn-around over the next two years, according to the Housing Industry Association (HIA). HIA’s National Outlook publication for the March quarter reveals renovation activity will be well on the way to $33 billion in 2010/2011. (28 May 2009)
Authorities probe alumina plant's second caustic plume
The Queensland Environment Department says it has serious concerns about a plume of caustic material discharged from an alumina refinery for the second time this year (27 May 2009)
Coal cash could kick-start Central Queensland communities
The State Government has welcomed an announcement of funding for what is potentially Australia’s largest coal mine in the undeveloped Galilee Basin. Waratah Coal has signed a memorandum of understanding with the Metallurgical Corporation of China (MCC) to secure funding for the US $5.15 billion project (27 May 2009)
Apache targeted over Varanus Island blast
The Varanus Island explosion, which crippled Western Australia's gas supplies last year and cost the state billions of dollars is headed to court after the Barnett Government announced yesterday it was prosecuting Apache Northwest over the disaster. Mines and Petroleum Minister Norman Moore said charges had been filed in the Federal Court, alleging Apache and its co-licensees failed to properly maintain the gas pipeline (29 May 2009)
Crackdown on unlicensed plumbers
110 fines were issued during the past seven weeks following plumbing licensing checks at several construction sites across the state. BCQ staff are also investigating 42 complaints about plumbing legislation breaches which have adversely affected community health and safety
Articles and Reports
Consequence of an unlicensed Superintendent in Queensland
Author: Rachael Pie, Frazer Moss
Source: Australian Construction Law Bulletin, Vol 21, No 1/2, May 2009: p2-3
Complications arising from the proportionate liability Regime when settling before judgment
Author: Andrew Stephenson, Craig Brook
Source: Australian Construction Law Bulletin, Vol 21, No 1/2, May 2009: p4-5
Are damages enough for a breach of the process contract?
Author: Alyson Eather, Scott Alden
Source: Australian Construction Law Bulletin, Vol 21, No 1/2, May 2009: p6-8
Copyright in the plans for project homes – a fine line between functionality and originality
Author: Michael Sutton
Source: Australian Construction Law Bulletin, Vol 21, No 1/2, May 2009: p9-10
Effectiveness of a “no waiver” clause to terminate a commercial agreement
Author: Leighton O’Brien, Stephen Sander
Source: Australian Construction Law Bulletin, Vol 21, No 1/2, May 2009: p11-13
When can rectification costs be recovered as damages for breach of contract? High Court clarifies
Author: Nick Christopoulos, Jack Fan
Source: Australian Construction Law Bulletin, Vol 21, No 1/2, May 2009: p14-16
Scope of architects’ professional duties
Author: Juniper Watson, Andrew Robertson
Source: Australian Construction Law Bulletin, Vol 21, No 1/2, May 2009: p17-18
A split in the right direction
Author: Author: Juniper Watson, Andrew Robertson
Source: Australian Construction Law Bulletin, Vol 21, No 1/2, May 2009: p19-20
When is a payment claim deemed to be received by fax?
Author: Cassie Matheson
Source: Australian Construction Law Bulletin, Vol 21, No 1/2, May 2009: p21-23
National infrastructure priorities: infrastructure for an economically, socially, and environmentally sustainable future
Source: Canberra: Infrastructure Australia, 2009: 38p
Practice
What the Required Insurance for Accredited Building Practitioners 2008 Ministerial Order means for you (TAS)
In the last year there have been a number of changes to insurance requirements for building practitioners. The Order makes contract works and/or public liability insurance compulsory for specific categories of building practitioners. This is in addition to current professional indemnity requirements, and replaces the previous requirement for domestic housing indemnity insurance (27 May 2009)
Combination hand basin and cistern
Advises that grey water generated from a hand basin into a combination cistern cannot be used to discharge the toilet unless it has been treated (28 May 2009)
Queries about the Commonwealth's $42 billion stimulus plan
The Department of Public Works - not the Department of Infrastructure and Planning - is coordinating Queensland's implementation of the Australian Government's $42 billion Nation Building and Economic Stimulus Plan. Please direct inquiries about the stimulus plan to: Economic Stimulus Plan Program Management Office, Department of Public Works, Telephone 1800 617 198
http://www.publicworks.qld.gov.au/Pages/home.aspx
Legislation
Queensland
Acts
Crime and Misconduct and Summary Offences Amendment Act No 12 of 2009
Passed 28 May 2009
Regulations
Queensland Building Services Authority and Other Legislation Amendment Regulation (No. 1) (No 70 of 2009) Amends the Building and Construction Industry Payments Act 2004, Domestic Building Contracts Act 2000 and Queensland Building Services Authority Act 1991
Current Reprints
Mineral Resources Regulation 2003 No.5G
State Penalties Enforcement Regulation 2000 No.9A
Water Resource (Fitzroy Basin) Plan 1999 No.1C revised
Water Supply (Safety and Reliability) Act 2008 No.1C
Cases
BOSS DEVELOPMENTS PTY LTD v KAVANAGH [2009] CCT B391-05
Costs – Commercial and Consumer Tribunal Act 2003 – section 71
The material contained in this publication is no more than general comment. Readers should not act on the basis of the material without taking professional advice relating to their particular circumstances
