What's News - Construction, Development, Infrastructure, PPP, Resources

Lennox v The Board of Professional Engineers of Queensland (No. 2) [2009] QDC 100
Argument that disciplinary proceeding was beyond jurisdiction because formulated differently from underlying complaint rejected – where a “disciplinary ground” was established, 2002 Act provisions did not preclude the Tribunal’s making orders under the 2003 Act as to costs in particular

 

Millmerran Shire Council v Smith & Anor [2009] QCA 103
APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF COURT – GENERALLY – where applicant sought leave to appeal against enforcement orders with respect to building permits under Integrated Planning Act 1997 (Qld) – where applicant did not dispute carrying out of building work without necessary building permits – where applicant claimed proceedings for enforcement orders statute barred – where applicant claimed independent state – where applicant claimed deed of grant – where applicant claimed discrimination on religious grounds – whether leave to appeal should be granted

 

Queensland Building Services Authority v Andrews [2009] QDC 097
APPEAL – COMMERCIAL AND CONSUMER TRIBUNAL – where no jurisdiction for Tribunal to hear claim – whether there can be an order for costs

 

SMITH v QUEENSLAND BUILDING SERVICES AUTHORITY [2009] CCT QR203-08
Scope of work, Queensland Building Services Authority Act 1991, section 86 (1)(g);
Commercial and Consumer Tribunal Act 2003 sections101, 104.

 

VISIONSCAPES (AUST) PTY LTD v WEIDMANN [2009] CCT BD216-08
Contract – landscaping works

SHEEHAN V TCE QUEENSLAND PTY LTD [2009] CCT BD445-08
Jurisdiction; Internally wired electronic control system; Building work pursuant to section 8(6) of the Domestic Building Contracts Act 2000

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FERGUSON FAMILY TRUST & MCSHANE v QUEENSLAND BUILDING SERVICES AUTHORITY
[2009] CCT QR230-08
Summary determination, Insurance Policy Conditions 7th edition; when contractual works commence; what constitutes “footing system”; triable issue.

 

MARASCHINO PTY LTD T/A IPSA CONCRETE SERVICE v PANKOWSKI [2009] CCT BD049-09
Building Contract - not in writing, Domestic Building Contracts Act 2000 sections 9(1) & 30

 

DENE BLACK & A FLERI T/A ORIGNAL DECKING v GREEN [2009] CCT BD263-08
Domestic Builder dispute - Owner builder – unlicensed contractor
Quantum Meruit

 

Re BHP Billiton Minerals Pty Ltd & Ors [2009] QLC 0057 [0056, 0055]
application lodged by BHP Billiton Minerals Pty Ltd & Ors for an additional surface area to a mining lease over land as described in the application for the purpose of underground long wall development of coal and gaseous hydrocarbons for a term to expire on 30 November 2019 - application for additional surface area be granted to BHP Billiton Minerals Pty Ltd (41.50%), BHP Queensland Coal Pty Ltd (8.50%), Mitsubishi Development Pty Ltd (3.49%), QCT Investment Pty Ltd (12.00%), QCT Mining Pty Ltd (15.78%) and QCT Resources Pty Ltd (18.73%)

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Re BHP Billiton Minerals Pty Ltd & Ors [2009] QLC 0055
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Re Richardson [2009] QLC 0054

 

Dualcorp Pty Ltd v Remo Constructions Pty Ltd [2009] NSWCA 69
CONTRACTS - Building and Construction Industry Security of Payment Act 1999 - progress claim for amounts the subject of a previous claim - adjudicator's determination that most of previous claim not maintainable - whether further claim precluded by provisions of the Act or principles of estoppel
ESTOPPEL - issue estoppel - adjudication under Building and Construction Industry Security of Payment Act 1999

DRUMMOND AND ROSEN PTY LIMITED v EASEY & ORS [2009] NSWCA 74
ARCHITECTS – Duty - engagement in construction phase limited to selection of finishes and colours – delivery of tile samples for approval – no duty to ensure compliance with technical standards in specification – architects not liable.
NEGLIGLENCE – Architects – construction phase – engagement limited to selection of finishes & colours – provision of sample tiles – no responsibility for compliance with technical standards in specification – builder responsible.

Duynstee v Dickens & Dickens [2009] NSWSC 292
CONTRACTS - contract for fire protection of boundary fence - whether contract excluded under s 7(2)(b) from the operation of Building and Construction Industry Security of Payment Act 1999
MAGISTRATES - appeals and review - appeals limited to question of law - points not taken below

Holdmark v Melhemcorp [2009] NSWSC 305
Contracts - Building Engineering & Construction contracts. Application to an Adjudicator under the Building and Construction Industry Security of Payment Act 1988 for correction of adjudication under s 22(5) of the Act. Held that is one of the fundamental requirements of the Act. Injunction granted to restrain enforcement of part of award.

Energy and resources stock index slumps 18 percent
The Deloitte Queensland Energy and Resources (ER) Index decreased by 18 percent or $4.3 billion over the March quarter. On an industry basis, energy and materials experienced the largest increases of $820 million (5.6 percent) and $1.7 billion (19.7 percent) respectively. The most significant fall came from the utilities sector which decreased by $136 million or 2.8 percent (27 April 2009)

Australian Mining giants to combine power
Australia’s big miners are pushing for a merger of 11 industry bodies in a bid to cut costs and centralize lobbying power under the Minerals Council of Australia. Organizations targeted under the plan include the Australian Coal Association, the Australian Aluminium Council, the Australian Uranium Association and state and territory minerals councils (22 April 2009)

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$2.25 million for Moreton Bay repair bills
Local Government Minister Desley Boyle has today announced Moreton Bay Regional Council would receive $2,254,394 in disaster assistance to help cover the costs of emergency road works and repairs. Ms Boyle said the storms that hit the area in November last year caused extensive damage to council assets (26 April 2009)

 

PPPs no longer Government Salvation
With much having changed in the financial world in the past 18 months, it's become obvious that the PPP is no longer the salvation for governments looking to meet infrastructure challenges (24 April 2009)

States sign up to federal investment
The states and the territories have signed up to the largest federal roads and rail investment in Australia's history, which will see $26.4 billion of funds for projects including upgrades of the Pacific and Bruce highways. The agreement includes federal funding for 120 road and 26 rail projects over six years. The key projects include the Pacific Highway, NSW, ($2.5 billion), the Bruce Highway, Queensland, ($2.2 billion) and Western Ring Road, Victoria ($900 million) (26 April 2009)
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$1.1 billion SEQ school development contract winners
The Aspire Schools consortium, comprising Leighton Contractors, Leighton Service, Commonwealth Bank and Broad Group, has been selected by the State Government to deliver a $1.1 billion schools project. Construction is set to begin on seven new state schools across South East Queensland as part of a contract under the Queensland Government’s SEQ Public Private Partnership (PPP) Schools project. Private finance for the project is being provided by Leighton’s, Commonwealth Bank entities and National Australia Bank. (26 April 2009)

Qld mulls wrapping up clean coal project
The Queensland Government has confirmed it is reviewing whether to walk away from a multi-million dollar clean coal project. The independent Weller review of government bodies has recommended a study be done as to whether the project should be handed over to the coal industry or wound up altogether (23 April 2009)

Mine contractor not talking on trading halt
Contractor Macmahon Holdings trading halt has raised concerns it had lost another mining job as producers cut production and workers. Earlier this month, Macmahon and Leighton Holdings were awarded a joint contract valued  at more than $500 million to duplicate 220km of heavy-haul iron ore rail line in Western Australia's Pilbara (25 April 2009)

BrisCon shareholder launches $1.3bn class action
Brisbane Toll Road Link (BTR), owned by US hedge fund New Hampton Distressed Assets Fund and represented by Jim Byrnes, has launched a $1.3 billion Federal Court class action against toll road company and underwriter Macquarie Group.  It alleges there were a number of false and misleading statements in the June 2008 BrisCon product disclosure statement, which was issued for its $1.2 billion initial public offering (25 April 2009)

Tenders flow in for new social housing
A record number of tenders have been received to build new social housing properties in NSW, the state government says. The NSW and federal governments will spend $3 billion on 9,000 new homes in the state over the next three years, supporting around 37,000 jobs. Mr. Borger said the Department of Commerce had advised this was the largest e-tender exercise it had ever undertaken (24 April 2009)

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Beaconsfield mine disaster family sues
The family of the man killed in the Beaconsfield mine disaster in northern Tasmania is suing the mine's owner for damages. The action is being taken under the Tasmanian Fatal Accidents Act (24 April 2009)

Power company faces class action over Black Saturday
A faulty power line that is believed to have sparked the fatal Kinglake bushfire is the subject of a class action against power company SP AusNet. It is alleged the deadly fire was sparked by a power line that snapped in record heat and strong winds at Kilmore East. A prominent SC says if the power distributor is responsible, it could be up for $800 million in damages.  (23 April 2009)

Second delay in Wagerup refinery dust case appalling
WA’s top magistrate has labelled as “appalling” a three-month adjournment requested by mining giant Alcoa in the company’s case of criminal negligence stemming from a 2006 incident at its Wagerup refinery. The criminal negligence causing pollution charge was brought against Alcoa after a two-year Department of Environment and Conservation investigation into its Wagerup refinery, 125km south of Perth (24 April 2009)

Teck shows Rio that rescheduling can help cure debt
RIO Tinto, Xstrata and Teck Cominco are miners that have one thing in common -- they have all been suffering indigestion as the result of making large debt-funded acquisitions at the peak of the resources boom. Where they differ is in the approach they have taken to resolving their difficulties (23 April 2009)

Australian Geothermal Energy Potential
The extraordinary potential is one of the reasons the Australian Government is making an investment in geothermal energy as part of the $500million Renewable Energy Fund. The Paralana Geothermal Energy Project is an engineered geothermal system (EGS) project which aims to demonstrate a successful, robust and innovative geothermal heat exchanger in the Adelaide Fold Belt met sedimentary rocks at Paralana (20 April 2009)

Standard form construction contacts in Australia: are our reinvented wheels carrying us upward
Author: Matthew Bell
Source: Building and Construction Law, Vol 25, No 2, February 2009: p79-93

The enforceability of agreements to negotiate in major construction projects
Author: Trevor Thomas
Source: Building and Construction Law, Vol 25, No 2, February 2009: p94-106

Survival of rights and obligations following termination
Author: Nicholas Tsirogiannis
Source: Building and Construction Law, Vol 25, No 2, February 2009: p107-111

A new policy direction for climate change
Author: CARTER, Bob
Source: QUADRANT; April 2009; v.53(4); 19-23
Subjects: Climate change policy; Emissions trading;

Exit the freeway
Author:  Kate Mills
Source: BRW, Vol 30, No 16, 2009: p52 of sub link http://www.brw.com.au/
The lack of debt has led to the drying up of infrastructure projects. A new public-private funding partnership is needed.

 

New local government legislation for best practice councils: Minister
The new Local Government Bill 2009, introduced to State Parliament, gives the Local Government Minister the power to request information from councils to ensure serious performance and accountability issues are handled quickly, with checks and balances in place and the mechanisms to investigate complaints (22 April 2009)

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Queensland Water Commission: SEQ System Operating Plan
Release 2.1 commences to have effect on 17 April 2009. Copies are available from the website at:
www.qwc.qld.gov.au

 

Regulations
Proclamation commencing certain provisions to Transport and Other Legislation Amendment Act 2008 (SL No 37 of 2009)
Integrated Planning Amendment Regulation (No. 1) 2009 (SL No 41 of 2009) amends the
Integrated Planning Act 1997

 

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