Cases
NORTHBUILD CONSTRUCTION PTY LTD v DISCOVERY BEACH ROJECT PTY LTD [2009] QSC 076 PROCEDURE – DISCOVERY AND INTERROGATORIES – DISCOVERY AND INSPECTION OF DOCUMENTS – DISCOVERY OF DOCUMENTS – USE OF DOCUMENTS – where applicant seeks leave to use documents obtained in present proceedings for the purpose of winding up proceedings against respondent – where parties are involved in ongoing arbitration proceedings – whether leave should be granted
CORPORATIONS – WINDING UP – WINDING UP IN INSOLVENCY – WHAT CONSTITUTES INSOLVENCY – EVIDENCE OF INSOLVENCY – where applicant seeks leave to use documents obtained in present proceedings for the purpose of winding up proceedings against respondent – whether respondent is insolvent
PROCEDURE – JUDGMENTS AND ORDERS – AMENDING, VARYING AND SETTING ASIDE – INHERENT POWER TO AMEND TO GIVE EFFECT TO MEANING AND INTENTION OF COURT – where respondent seeks variation of an order previously issued in present proceedings – whether court has power to vary the order – whether respondent has “liberty to apply” for variation pursuant to terms of previous order – whether previous order should be varied
http://www.sclqld.org.au/qjudgment/2009/QSC/076
CITY SHACKS PTY LTD v QUEENSLAND BUILDING SERVICES AUTHORITY [2009] CCT QR210-08Production or “giving” of documents to Tribunal- Tribunal’s powers under ss 50-51 of CCT Act -
Legal professional privilege - Reference by party’s solicitor to action “based on” legal
Advice - Whether privilege waived thereby Mann v Carnell (1999) 201 CLR 49 applied
http://www.tribunals.qld.gov.au/B/bDecisions/QR210-08%20%20DEC%2031-03-09.pdf
DOBELL v BLUE HAVEN POOLS AND SPAS PTY LTD [2009] NSWCA 77ADMINISTRATIVE LAW – procedural fairness – party’s representative unable to attend Consumer, Trader and Tenancy Tribunal hearing because of illness – reasonable opportunity to be heard – no obligation to adjourn and commence search for absent party – whether failure to accord rehearing for want of jurisdiction rendered earlier decision given without hearing from one party procedurally unfair Consumer, Trader and Tenancy Tribunal Act 2001(NSW), s 68
http://www.austlii.edu.au/au/cases/nsw/NSWCA/2009/77.html
News
Leighton lands $500m Pilbara rail contract
BHP Billiton has awarded a $500 million Pilbara rail contract to Leighton Contractors, a subsidiary of construction giant Leighton Holdings, and Macmahon Contractors. The contract also provides for the installation of 840km of fibre-optic cable and the construction of 10 new dual-track bridges and over 1000 camp rooms (13 April 2009)
Australia Pacific LNG Project Moves into Next Planning Phase Australia Pacific LNG has welcomed the Queensland Co-ordinator General's decision to declare the company's coal seam gas to liquefied natural gas project significant. Australia Pacific LNG (APLNG) is co-owned by Australian integrated energy company, Origin Energy, and US-based integrated energy company, ConocoPhillips (09 April 2009)
http://www.istockanalyst.com/article/viewiStockNews/articleid/3187496
ACCC issues draft advice on water infrastructure charge rules
The Australian Competition and Consumer Commission has issued draft water infrastructure charge rules and draft advice to the Minister for Climate Change and Water, for public consultation. The Water Act 2007, which came into effect on 3 March 2008, creates new functions for the ACCC. These include the development of water charge rules and water market rules for consideration by the Minister; and for the ACCC to monitor compliance with and enforce of these rules (06 April 2009)
http://www.accc.gov.au/content/index.phtml/itemId/867668/fromItemId/142
Toowoomba Pipeline taking shapeWork is well underway on the $187 million Toowoomba water pipeline, to connect the Garden City to Wivenhoe Dam. Toowoomba North MP Kerry Shine said the pipeline is critical to supply the Garden City with water. The combined levels of Toowoomba’s dams is still below 10 percent, so this pipeline is needed to provide a secure water supply for the estimated 120,000 people who rely on the Cooby, Perseverance and Cressbrook Dams (09 April 2009)
http://www.cabinet.qld.gov.au/MMS/StatementDisplaySingle.aspx?id=63256
National waste policy consultation paper released Environment Minister Peter Garrett has released a consultation paper: A National Waste Policy: Managing Waste to 2020 for public review and comment. Mr Garrett said waste policy had not been considered in the national context since 1992 and the current process would assist in providing much-needed clarity on what is appropriately dealt with at which level of government local, state and federal (07 April 2009)
http://www.environment.gov.au/minister/garrett/2009/pubs/mr20090407b.pdf
Government makes bid for $20 billion infrastructure funding The State Government's bid for a third of the Federal Government's $20 billion Building Australia Fund has been deemed critical for economy by the Council of Mayors in South East Queensland (SEQ). Brisbane Mayor Campbell Newman says Queensland needs the infrastructure funding because it is growing faster than the rest of Australia. South East Queensland makes up one seventh of Australia’s population, and it has generated a fifth of the national growth over the past decade (09 April 2009)
http://www.qbr.com.au/news/articleid/55534.aspx
Jervois rebels await court rulingIndependent director Richard Campbell and Jervois' largest shareholder Norm Seckold have questioned Mr Pursell's management of Jervois after he pulled out of a deal with China Railways Resources Co to advance a nickel laterite project in NSW. China Railways handed over a $US1 million ($A1.4 million) advance payment to Jervois, saying it needed more time to finalise the contract. The future of Jervois Mining is likely to be decided with the Federal Court to rule on whether a bid by rebel shareholders to overthrow the directors and long-serving chairman Duncan Pursell has succeeded. (12 April 2009)
http://business.theage.com.au/business/jervois-rebels-await-friday-ruling-20090412-a41z.html
Farmers take fight to mighty minerA legal battle between farmers and the mining giant BHP-Billiton in the Plains is threatening to derail plans to develop one of the biggest new coal mining ventures in NSW. Their fight in the mining warden’s court in Gunnedah is challenging BHP’s right to come onto their land in a search for 500 million tonnes of untapped coal reserves buried in the Caroona region. BHP bought the rights with a $99 million exploration licence from the NSW Government (13 April 2009)
http://www.canberratimes.com.au/news/national/national/general/small-farmers-take-fight-to-mighty-miner/1484723.aspx
Practice
Draft amended Queensland Development Code Mandatory Part 4.1 - Sustainable buildings and pending expiry of Mandatory Part 5.9 - Buildings and structures in cyclonic areasThe draft amended Queensland Development Code (QDC) Mandatory Part (MP) 4.1—Sustainable buildings are available for viewing on the department’s website and that MP 5.9—Buildings and structures in cyclonic areas expires on 1 May 2009. Since 1 March 2006, new and existing dwellings in Queensland have been required to comply with the QDC—Sustainable buildings requirements for energy and water efficiency features in new class 1 buildings, sole-occupancy units in class 2 buildings, and, where practicable, renovations (08 April 2009)
http://www.dip.qld.gov.au/resources/newsletter/newsflash-359.pdf
North East Gold Coast study
The department - in conjunction with the Gold Coast City and Logan City councils - is undertaking a strategic land use, economic development and infrastructure study for North East Gold Coast. The second stage of the study is the preparation of, and public consultation on, a Draft North East Gold Coast land use and infrastructure strategy ( 268 KB). Public submissions on the draft strategy will be accepted until 5pm on Friday 1 May 2009.
"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”
