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What's New in Construction

Focus: News in construction
Services: Property & Projects
Industry Focus: Property
Date: 27 November 2009
Author: Brisbane Construction team

News

Building changes are in the wind
Damage from the massive storm cell that ripped through western Brisbane last year is the catalyst behind the State Government’s decision to push for new storm-proofing measures to be included in new buildings (16 November 2009)

$600k for 'substandard' homes
Small houses with no air conditioning, no fans and no landscaping are costing taxpayers $600,000 each to build in remote communities (19 November 2009)

Canberra fast-tracks Clive Palmer's $7.5bn Queensland coal project
Infrastructure Minister Anthony Albanese granted Waratah's China First coalmine and infrastructure project Major Project Facilitation, which provides a support service for a fast and efficient approvals process (19 November 2009)
 
Brisbane home to country’s greenest building
Zillmere Joint Contact Centre has received the highest Green Star design rating ever given to an office building in Australia (18 November 2009)

Worst house building slump since WW II
The Housing Industry Association says Australia is experiencing the longest slump in new home building in its post-war history, and warns speed limits on the supply of new housing will mute the home building recovery. The HIA's National Outlook report reveals this year marks the seventh straight year of weakness in housing starts (18 November 2009)

Business leaders show support for asset sales
Despite the controversy surrounding Premier Anna Bligh's asset sales program, four key Queensland business leaders have stepped up to publicly endorse the inititative, reportedly declaring “asset disposals are a proven way to protect taxpayers, free up valuable public monies to fund major expansions in economic and social infrastructure and deliver operational efficiencies” (19 November 2009)

Future of Brisbane transport network ‘underground’, says Bligh
The State Government has unveiled sweeping plans to modernise Brisbane's public transport network - including an underground rail network to be built under the city over the next two decades (19 November 2009)
 
Teen killed installing insulation
The electrocution of a second Queenslander has cast further doubt over the adequacy of training for workers fitting insulation. Master Electricians chief executive Malcolm Richards said his organisation would investigate whether a mandatory risk assessment was conducted before work began ( 18 November 2009)
 
Gorgon leaves big query over Australian jobs
It has been dubbed Western Australia's own stimulus package, but the value of most contracts awarded so far in the $43 billion Gorgon liquefied natural gas project will either head overseas or cannot be guaranteed to include Australian content and jobs. The federal and West Australian governments have agreed to accept liability if the carbon sequestration goes awry. (19 November 2009)
 
Qld councils welcome regional homeowner boost
The Local Government Association of Queensland (LGAQ) says encouraging first homebuyers into the state's regions is a good policy for managing population growth (19 November 2009)
 
Road maintenance contract for Banana Shire Council
A $2.66 million maintenance contract has been awarded to Banana Shire Council for work on state-controlled roads in the Fitzroy Region. Funding will enable the local council to complete routine maintenance works on various state-controlled roads in the region and prolonging the life of road surfaces in a safe condition (16 November 2009)
 
Nearly $69 billion in developments mapped for Gold Coast
A new "development map" plotting current and planned projects shows a big vote of confidence in the Gold Coast as a mature urban centre, leading real estate group Colliers International says. Despite several high-profile casualties in the wake of the global financial crisis, nearly $69 billion worth of major development projects are under way or planned for the city (19 November 2009)

OECD warns on stimulus spending
The OECD has urged the Rudd government to review its $48 billion infrastructure stimulus spending to make sure it delivers value for money (20 November 2009)
 
Albanese announces ‘smart infrastructure’ inquiry
An inquiry will begin into the benefits of applying new technology to infrastructure to slash traffic congestion, the Rudd Government has announced. As well as transport, the inquiry will focus on how ‘smart infrastructure’ can improve the communications, energy and water sectors (23 November 2009)
 
Coal industry advertising deceitful, says union
Claims that the Federal Government's emissions trading scheme will force big job losses in the mining sector aren't backed up by evidence, a major union said. The CFMEU is backing additional improvements to the ETS for gaseous mines, with president Mr Maher saying compensation needed to be doubled for gas mines and would need to be treated on a site-by-site basis (18 November 2009)
 
Government crackdown targets mine water management
The Climate Change and Sustainability Minister, Kate Jones, says a renewed compliance program outlined today will crack down on business and industry that do not follow their environmental obligations (18 November 2009)

Legislation

Commonwealth

Energy Efficiency Opportunities Regulations 2006
Legislative Instrument Compilation (current) - F2009C01182
Number: SLI 2006 No. 160 Compilation Series: SLI 2009 No. 312
Date Registered: 17/11/2009
 
Environment Protection and Biodiversity Conservation Regulations 2000
Legislative Instrument Compilation (current) - F2009C01184
Number: SR 2000 No. 181 Date Registered: 16/11/2009

Queensland
Acts
Transport and Other Legislation Amendment Act No 47 of 2009
State Penalties Enforcement and Other Legislation Amendment Act No 48 of 2009
Building and Other Legislation Amendment Act No 51 of 2009
 
Regulations
Proclamation commencing remaining provisions of the Greenhouse Gas Storage Act 2009 (SL No 254)
Electricity Amendment Regulation (No. 5) 2009 (SL No 255)
Transport Planning and Coordination Amendment Regulation (No. 1) 2009 (SL No 26)
Proclamation commencing remaining provisions of the Right to Information Act 2009 (SL No 259)
Proclamation commencing remaining provisions of the Information Privacy Act 2009 (SL No 260)
Building and Other Legislation Amendment Regulation (No. 3) 2009 (SL No 262)
Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Regulation (No. 1) 2009 (SL No 265) amends the Body Corporate and Community Management Act 1997, Gas Supply Act 2003, Property Agents and Motor Dealers Act 2000, Retirement Villages Act 1999, Supreme Court of Queensland Act 1991, Surveyors Act 2003
 
Bills
Integrity Bill 2009
Transport Operations (Road Use Management—Interlocks) Amendment Bill 2009
Environmental Protection and Other Acts Amendment Bill 2009

Cases

Pinnacle Homes (Sales) Pty Ltd v Dixon Systems Pty Ltd [2009] QSC 368
Defendant's solicitors took seriously their obligation to litigate this matter expeditiously, and attended to the matter with diligence - provision of an expert report - lack of adequate disclosure by the second plaintiff – matter reactivated

RICKETTS v QUEENSLAND BUILDING SERVICES AUTHORITY [2009] CCT QR058-09
Costs-Commercial and Consumer Tribunal Act 2003 sections 70 and 71 (4)
 
PETER BOYD ENTERPRISES PTY LTD V QUEENSLAND BUILDING SERVICES AUTHORITY [2009] CCT QR149-06
Application for costs; Commercial and Consumer Tribunal Act 2003 section 70 and 71; not countervailing circumstance established
 
ASPHALT AND BASE CONSTRUCTION PTY LTD v DOHERTY [2009] CCT BD435-07
Money claim; determination of terms of contract entered into; breach of warranty as to depth of road base
 
ABURN v PETERSON [2009] CCT BD268-09
A claim for damages for defective workmanship
 
HALLINAN AND ORS V TAMAWOOD LIMITED, FOX [2009] CCT BD073-07
Practice and procedure - Tribunals - striking out of pleadings - whether Limitation of Actions Act 1974 applies to proceedings in Tribunal - whether pleadings deficient in setting out issues for determination - whether leave to replead should be given
 
QCoal P/L & Anor v Cliffs Australia Coal P/L & Anor [2009] QCA 358
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – OTHER MATTERS – where the appellant was developing a new coal mine and agreed to sell a share of the project to the respondent – where the agreed price to be paid by the respondent was subject to certain adjustments contained in the sale purchase agreement – where a certain adjustment in cl 6.9 required the respondent to pay an additional amount if the cost to the appellant of advancing the project to completion exceeded a specified figure – where the appellant invoked this clause to claim an increased purchase price from the respondent – where the respondent disputed that the specified figure was exceeded, on the basis that an amount owed to a particular consultant was not included or had not been paid before completion of the contract of sale – whether the phrase ‘amount expended by the Vendors’ in cl 6.9 of the contract includes undischarged liabilities
 
Neumann Contractors P/L v Peet Beachton Syndicate Limited [2009] QSC 376
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – RECOVERY – where the applicant entered into a construction contract with the respondent – where the applicant made a payment claim against the respondent – where the applicant applies for judgment against the respondent pursuant to s 19(2)(a)(i) of the Building and Construction Industry Payments Act 2004 (Qld) – whether the payment claim was valid under the Building and Construction Industry Payments Act 2004 (Qld)

GPD Services Pty Ltd v Gold Coast City Council [2009] QPEC 112
ENVIRONMENT AND PLANNING – Appeal against infrastructure charge notice – whether appeal is a merits review pursuant to s 4.1.52 – whether appellant entitled to a credit – whether use had been “established” – whether error in calculation of transport network infrastructure charge – meaning of equivalent full time enrolment – whether that is less than maximum enrolment permitted
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