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

Focus: News in Construction
Services: Property & Projects
Industry Focus: Property
Date: 22 May 2009
Author: Brisbane Property & Projects Team

News

 
Budget 2009
Coverage of the 2009 Budget for Infrastructure and Business for hospitals, roads, rail and ports plus Climate change and ETS is outlined in detail (12 May 2009)
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Budget breakdown
The federal government is investing $22 billion in nation building infrastructure in order to help Australia survive the economic downturn and improve the nation's transport, communications, health and education facilities (14 May 2009)
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Hard hats off to super funds
The Rudd Government talked up the involvement of superannuation funds in securing infrastructure projects that taxpayers or other private investors could not bankroll. But Labor also sought to assure funds they would not be forced to invest in specific projects (18 May 2009)
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Big rise in loans for dwelling construction shows importance of 'boost' to maintain momentum
A big rise in loans for construction and purchase of new dwellings in March highlights the importance of maintaining the first home owners ‘boost’ scheme, particularly for new houses, according to the MBA (12 May 2009)
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BG deal fuels hopes for gas project
BG Group is on the cusp of signing up the first customer for LNG from coal-seam gas, with a
British company revealing an agreement that would allow China National Oil Corporation to buy half the gas from BG's Gladstone project and take equity in it. Under the off take agreement, the Chinese Government-owned company would buy 3.6 million tonnes a year of LNG for 20 years (14 May 2009)
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Wyaralong Dam construction makes headway
The Queensland Dam Consortium (QDC) has been appointed by Queensland Water Infrastructure (QWI) to build the Wyaralong Dam near Beaudesert. Its success in the competitive tender process marks the final major contract to be awarded on the $348 million project. The Wyaralong Dam is expected to be built by mid-2011, and will provide an extra 21,000 million litres of water every year when run in conjunction with the recently completed Cedar Grove Weir (13 May 2009)
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Woodside Energy gas pipeline faces suit from Clipper Pearls
Opposition to Woodside Energy's plans for a billion-dollar gas pipeline north of Broome could turn into a multi-million-dollar compensation claim by angry local pearl farmers if the project goes ahead.

Queensland a valuable partner for US green technology sector
At the International Trade Outlook 2009 conference, Mr Robertson said that Queensland’s focus on clean coal, solar energy, biofuels and biotechnology research and development in recent years made the State a prime candidate to build on valuable global partnerships. The Bligh Government’s Toward Q2 - Tomorrow’s Queensland - strategy aims to reduce Queensland’s carbon footprint by one-third by 2020. (13 May 2009) 
 
Plans for new Richlands station unveiled
Member for Inala Annastacia Palaszczuk unveiled cutting edge plans for the $40 million Richlands and commended the key environmental features proposed in its design set a benchmark for rail infrastructure design in south east Queensland. The Darra to Springfield Transport Corridor Project is part of the Queensland Government’s $107 billion South East Queensland Infrastructure Plan and Program 2008-2026. The project is being delivered by The Horizon Alliance – a collaboration between QR (Queensland Rail), the Department of Main Roads, John Holland Pty Ltd, GHD Pty Ltd and Kellogg Brown & Root Pty Ltd (KBR)  (14 May 2009)
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Articles and Reports


Public infrastructure financing: an international perspective
Author: Chan, Chris.
Source: Melbourne: Productivity Commission, 2009; 269 p
Subjects: Infrastructure; Financial management; Government expenditure; Capital investment; Public private partnerships; Efficiency; Trends to 2020; Statistics; Australia overseas comparisons
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Practice

Public consultation and road shows for Queensland’s swimming pool safety laws review
Advises that additional venues for the road shows on the review of Queensland’s swimming pool safety laws arte available in regional Queensland
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Management of coal seam gas water
The Queensland Government has identified a policy position in relation to coal seam gas water that aims to achieve environmentally sustainable outcomes and encourage greater beneficial use of this water and identify issues and risks associated with the establishment of an LNG industry. The Queensland Government has released a discussion paper on management of CSG water and is seeking stakeholder views on a number of specific issues related to its policy, closing on 5 pm Monday 1 June 2009

Renewed calls to keep ABCC
Master Builders has renewed its call to government to retain the powers of the Australian Building and Construction Commission (ABCC) within its replacement body, a specialist division of the Fair Work Ombudsman from February 1, 2010. The Econtech Construction Industry Productivity 2009 report card shows that there have been significant improvements across a range of productivity measures including a 6.2 per cent productivity gain in commercial building relative to residential building since 2004 (12 May 2009)
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Legislation

Queensland
 
Current reprints
Building Regulation 2006 No.3D
Legal Profession (Society Rules) Notice 2007 No.2A
Transport Operations (Road Use Management) Act 1995 No.10D
Regulations
Mineral Resources Amendment Regulation (No. 1) (SL No 55 of 2009)
Transport Operations (Marine Safety) Amendment Regulation (No. 2) (SL No 57 of 2009)
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Cases

Raedel & Anor v Jezer Construction Pty Ltd & Ors [2009] QDC 114
Where Court of Appeal hearing of plaintiffs' appeal against dismissal of their claim as assigner of entitlements of a subcontractor allegedly arising within the Subcontractors Charges Act 1974 was imminent - stay sought of judgment for costs entered by the registrar following assessment pursuant to the trial judge's order (made following institution of the appeal) and of that order whether stay (and repayment into court of moneys paid in under the Act which were directed to be paid out by the same order) could be applied for notwithstanding that there was no specific appeal yet instituted against that order or that judgment
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WAYNE SEXTON T/A SEXTON CONSTRUCTIONS v QUEENSLAND BUILDING SERVICES AUTHORITY [2009] CCT QR166-06
Review application – decision to issue direction rectify
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MURPHY v TURNBULL [2009] CCT BD346-08
Domestic Building dispute; owner builder; no written contract; alleged defective works; quantum meruit
 
YOUNAN v QUEENSLAND BUILDING SERVICES AUTHORITY [2009] CCT QR008-08
Application to review decision by the Authority not to categorise the applicant as a permitted individual.
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DUZME DEVELOPMENTS PTY LTD v COOPER [2009] CCT B428-05
Domestic building dispute-claim in damages for defective work, claim for the completion payment, Domestic Building contracts Act section 67
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Wallace v Anson Holdings Pty Ltd & the Environmental Protection Agency [2009] QLC 0063
Mining – application for lease – objections by landowner – landowner limited to grounds of objection at Court hearing
Mining – Mineral Resources Act 1989 s.245 – Court has no general supervisory jurisdiction over Mining Registrar – statutory requirements satisfied
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Other Cases:

EKO Investments Pty Limited v Austruc Constructions Limited & Ors; The Owners Strata Plan No. 64970 v Austruc Constructions Limited & Ors (Costs) [2009] NSWSC 371
Concurrent proceedings - Costs - complex multi-issue, multi-party case - nominal damages - costs of first set of proceedings as finalized
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"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”

 

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