News
Infrastructure review is big ticket item A package of reforms to improve the system by which large infrastructure assets are shared by other users has been unveiled by the Minister for Competition Policy and Consumer Affairs, Chris Bowen. The National Access Regime has been established under the Trade Practices Act to ensure that large infrastructure assets are able to be used by third parties on reasonable terms and conditions, so that they don’t have to be duplicated by every user (13 April 2009)
http://www.psnews.com.au/Page_psn16410.html
Torrid time for Fortescue drafter The man who drew up the agreements at the centre of the court proceedings which could result in Andrew Forrest being banned from the company he founded has been accused of lying to a court.
Fortescue and Mr Forrest are the subject of civil proceedings brought by the Australian Securities and Investments Commission. It claims they misled the market in 2004 by announcing they had signed binding contracts with three Chinese companies to build an ambitious Pilbara iron ore project (15 April 2009)
http://business.smh.com.au/business/torrid-time-for-fortescue-drafter-20090414-a68w.html
Energy industry warns of blackout
Consumers face possible blackouts and power stations could go broke unless the Rudd Government offers an extra $6billion worth of free permits under its planned emissions trading scheme, the energy sector has warned. If the extra assistance is not forthcoming, the sector, responsible for about 70 per cent of Australia's carbon emissions, will ask the Government for a Rudd Bank-style financing facility to help raise the capital (14 April 2009)
http://www.theaustralian.news.com.au/story/0,25197,25330984-5013871,00.html
Woodside hopes to start building gas hub in 2011 Woodside's chief executive Don Voelte is talking up his company's latest deal to construct a gas hub on the Kimberley coast north of Broome, after traditional owners approved the project earlier this week (17 April 2009)
http://www.abc.net.au/news/stories/2009/04/17/2545247.htm
$22.5 Million To Complete The Nerang South Interchange
The Rudd Labor Government has fast-tracked funding of $22.5 million for the Nerang South Interchange, a move that will make sure this vital project is completed by the middle of this year. Work on this $45 million project started in February 2008, and provided jobs for up to 75 workers on-site. The project is being delivered in partnership with the Queensland Government (15 April 2009)
http://www.minister.infrastructure.gov.au/aa/releases/2009/april/aa120_2009.htm
New exploration data a boost for minerals and energy explorers
The Bligh Government is providing a boost to the mining industry with the release of new information to help stimulate mineral and energy exploration. New airborne geophysical survey data covering more than 200,000 square kilometres of the remote Cooper and Eromanga basins in Queensland’s south-west will be publicly available on 15 April. Mines and Energy Minister Stephen Robertson said the new data would help explorers to define exploration targets with greater certainty (16 April 2009)
http://www.cabinet.qld.gov.au/MMS/StatementDisplaySingle.aspx?id=63346
Port of Gladstone dredging project set for stringent assessment The Coordinator-General, Colin Jensen, has declared the Western Basin Strategic Dredging and Disposal Project “significant” to trigger an Environmental Impact Statement (EIS) process.
The proposed new facilities are important for import and export growth and to assist industries, including the emerging LNG industry, to develop within the Gladstone region. (15 April 2009)
http://www.dip.qld.gov.au/%20%20index.php?option=com_content&task=view&id=697&Itemid=838
Insurance claims soar as Qld companies go underQueensland businesses are lodging a quarter of all credit insurance claims in Australia as a record number of building and construction suppliers seek to recover debts owed by collapsed companies.
Building and construction industry suppliers - including those in the timber, hardware, plumbing, door and window business - are among those who take out credit insurance to protect themselves in case builders who purchase their goods collapse and are unable to pay their debts (14 April 2009)
http://www.brisbanetimes.com.au/qld-news/insurance-claims-soar-as-qld-companies-go-under-20090414-a5al.html
Articles and Reports
The mother of all oil spillsAuthor: Ravi Naidu
Source: Online Opinion, 9 April 2009
The recent Queensland oil spill obscures another, far larger, spill - one more risky to the public and Australian environment - tens of thousands of leaks and spills on land.
http://www.onlineopinion.com.au/view.asp?article=8769
Practice
Legislation
Commonwealth
Queensland
RegulationsDisaster Management (Further Extension of Disaster Situation-Brisbane) Regulation (No. 3) (No 30 of 2009) amends the Disaster Management Act 2003
Proclamation commencing remaining provisions of Planning (Urban Encroachment—Milton Brewery) Act 2009 (SL No 34 of 2009)
Local Government Legislation Amendment Regulation (No. 1) (SL No 35 of 2009)
Disaster Management (Further Extension of Disaster Situation—Brisbane) Regulation (No.4) (SL No 36 of 2009)
http://www.legislation.qld.gov.au/LEGISLTN/SLS/2009/00_Weekly_Table.pdf
Cases
J Hutchinson Pty Ltd v Thunder Investments Pty Ltd [2009] QDC 090 CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – whether applicant had an entitlement to make a progress claim under s 12 of the Building and Construction Industry Payments Act 2004 (Qld) – whether applicant made a valid payment claim under the Act – whether applicant estopped from relying upon and asserting rights under the Act
http://www.sclqld.org.au/qjudgment/2009/QDC/090
Reed Construction (Qld) Pty Ltd v Frankpile Australia Pty Ltd [2009] QSC 083 PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER RULES OF COURT – PLEADING – Application to strike out parts of statement of claim – supply of particulars with more to come after disclosure of documents – whether defendant should be required to plead to statement of claim in its present form
http://www.sclqld.org.au/qjudgment/2009/QSC/083
CHISHOLM v QUEENSLAND BUILDING SERVICES AUTHORITY [2009] CCT QR073-08 Costs – review proceedings - Authority submits that the withdrawal of the Applicant’s application
represents an outcome in the Authority’s favour While the Authority acknowledges that costs are not awarded merely because one party is a beneficiary of an order, it maintains that the outcome is a consideration in exercising discretion under section 71 of the CCT Act.
http://www.tribunals.qld.gov.au/B/bDecisions/QR073-08%20%20DEC%2003-04-09.pdf
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