News
Gorgon Puts Pressure on Other Gas Fields
Competition to develop this country's giant untapped natural-gas deposits is likely to intensify, with some high-profile projects potentially falling by the wayside, as work gets under way on the massive Gorgon liquefied-natural-gas field. Chevron spokespersons said natural-gas projects are attractive because of their proximity to Asia, but have enormous upfront cost and engineering complexity (14 September 2009)
Stimulus funding propping up building sectorSmall and medium companies that are being propped up by stimulus payments have rejected calls for cuts to the spending, saying private sector demand remains far too fragile (14 September 2009)
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Industry opposes construction bill, calls for reviewThe Australian Industry Group (Ai Group) is calling for amendments to the construction industry bill, claiming various clauses in the legislation must be abolished. Ai Group Chief Executive, Heather Ridout, says the industry wants to preserve the current “harmonious and productive” environment within construction (10 September 2009)
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Labor has mandate to change building cop: GillardThe Rudd government has a mandate to reform the powers of the building and construction industry watchdog, Workplace Relations Minister Julia Gillard says (10 September 2009)
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Fair Work Act explained to construction industry Master Builders Australia is working with Government in assisting builders, subcontractors and employees better understand their rights and obligations under the Fair Work Act through a series of free seminars. Information on the location of seminars and copies of the materials are available on the Fair Work page of the
Master Builders web site. (08 September 2009)
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Lawful obligations confused at offshore sites: unionsA serious accident at a liquefied natural gas plant off Western Australia has highlighted the confusion over the jurisdiction of offshore facilities, vessels and oil rigs, unions say (10 September 2009)
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Project Alliances may boost ROI for capital worksAs construction contractors come under increasing pressure to deliver on time and on budget, project alliancing presents an opportunity to share both the 'pain and gain' of major infrastructure projects (09 September 2009)
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OHS becomes attractive to investors as construction injury costs equal profits
The total of workplace injury costs in the Australian construction industry borne by employees, employers and the community equals 98 per cent of the industry's operating profit (09 September 2009)
Trio recommended for prosecution over TransGrid scandal A corruption probe into $7 million of NSW government contracts has recommended criminal charges be laid against a former state employee, his wife and a contractor. Mr Pevec allegedly provided or agreed to provide improper assistance to Sage during the tender process for three TransGrid projects including ongoing advice to Sage in relation to tender preparation, documents relating to competing bids and the drafting of technical provisions for the Sage tender (09 September 2009)
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ConnectEast hits back at Leighton legal claimTOLL-ROAD operator ConnectEast came out fighting against the legal challenge launched by major shareholder construction giant Leighton Holdings, declaring the dispute will not result in a material pay-out (09 September 2009)
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No resumption for Northern Link tunnelBrisbane's Deputy Mayor Graham Quirk says no homes will be resumed when the Northern Link traffic tunnel is built (09 September 2009)
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Location for second Burdekin River bridge being finalisedMain Roads Minister Craig Wallace has announced work has begun on finalising the location of a second Burdekin River Bridge and associated Bruce Highway realignment, as part of planning for the future traffic needs of the region. “Necessary consultation with relevant stakeholders and landowners will also be carried out as part of this process to review and refine the location of the bridge and the new alignment of the highway (07 September 2009)
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Toll could hit $400m in traffic lawsuitThe toll road operator ConnectEast is facing a $400 million legal battle with Leighton Holdings, one of its biggest shareholders, over claims it misled the construction giant over inflated traffic forecasts. The legal action comes as ConnectEast, which operates Melbourne's 39-kilometre EastLink toll road, is part way through a $421 million capital raising aimed at paying down debt (08 September 2009)
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Brisbane International Airport Terminal Expansion ProjectA claimant bringing a rapid adjudication application would ordinarily be having a reasonable day in the trenches upon receiving an award of $672,000. However, when your payment claim had sought payment of in excess of $13M, it is unlikely that any champagne would have been flowing (except at the offices of the respondent, Brisbane Airport Corporation).
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Articles and Reports
Australian Building Regulation Bulletin The Spring 2009 edition of the Australian Building Regulation Bulletin is now available from the ABCB website at
http://www.abcb.gov.au/index.cfm?objectID=8383293E-95C6-7B6F-58B46F093F018E88Factors affecting international commercial dispute-resolution negotiations in China
Author: Jieyin Li
Source: ADR Bulletin of Bond University, Vol 11, No 3 July 2009: p56-61
Saving domestic arbitration – too little too late?
Author: Zoe Lyon
Source: Lawyers weekly, 4 September 2009: p8-9
The spending power of sub-central governments: a pilot study
Author: Bach, Steffen et al
Source: Paris : OECD, 2009: 22 p
Subjects: Federal state finances; Administrative decentralisation; Government expenditure; Regional
administration; Local government; Public transport; State government agencies; Education infrastructure; Child day care; Aged care; International comparisons; Overseas item
http://dpl/E-ancats/OECDEconDept_WorkingPapers/WP705_Spending.pdf
Investment of Commonwealth and State funds in public transport infrastructure and services Author: Nash, FionaSource: Canberra: The Committee, 2009.; vvi, 122 p
Subjects: Public transport; Land transport infrastructure; Service delivery; Government expenditure;
Federal state finances; Senate Rural and Regional Affairs and Transport References Committee; Interstate comparisons
http://www.aph.gov.au/Senate/committee/rrat_ctte/public_transport/index.htm
Practice
Building seminars decode Fair Work Act Master Builders Australia holds series of free seminars for builders, subcontractors and employees to better understand Fair Work Act. Queensland seminars will be held at the following locations:
Brisbane – September 25, October 2 & 5; Gold Coast – September 30, October 21; Toowoomba – October 20; Sunshine Coast – October 27 (07 September 2009)
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Trade register lifts apprentice participation Building apprentices seeking employment are facing greater prospects under
Construction Skills Queensland (CSQ) Out-of-Trade Register. CSQ has committed itself to improving apprentice retention through its list of out-of-trade and ‘at risk’ apprentices, which it has been compiling since February
(10 September 2009)
Legislation
Commonwealth
Renewable Energy (Electricity) Amendment Regulations 2009 (No. 2)Legislative Instrument - F2009L03474 Number: SLI 2009 No. 221
Regulations 2001 to implement the ‘Solar Credits’ mechanism, under which the number of RECs able to be created in respect of eligible small generation units may be multiplied by a factor that varies over time.Date Registered:08/09/2009
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Renewable Energy (Electricity) Amendment Regulations 2009 (No. 3)Legislative Instrument - F2009L03475 Number: SLI 2009 No. 222
These Regulations amend the Renewable Energy (Electricity) Regulations 2001 to deter the installation of inappropriately large commercial-scale solar and heat pump water heaters in domestic and small commercial premises. Date Registered: 08/09/2009
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Queensland
Current Reprints
Coastal Protection and Management Regulation 2003 No.3
Commercial and Consumer Tribunal Regulation 2003 No.2E
Duties Act 2001 No.6C
Electricity Regulation 2006 No.3D
Environmental Protection (Water) Policy 2009 No.1
Geothermal Exploration Regulation 2005 No.3B
Land Court Regulation 2000 No.2C
Mineral Resources Regulation 2003 No.6A
Mining and Quarrying Safety and Health Act 1999 No.3B
Petroleum Regulation 2004 No.3C
State Development and Public Works Organisation (State Development Areas) Regulation 2009 No.1
Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965 No.1
Trans-Tasman Mutual Recognition (Queensland) Temporary Exemptions Regulation 2009 No.1
Standard Plumbing and DrainageRegulation 2003 No.2B
RegulationsBuilding Amendment Regulation (No. 3) (SL No 191 of 2009) amends the Building Act 1975
Plumbing and Drainage Legislation Amendment Regulation (No. 2) SL No 192 of 2009) amends the
Plumbing and Drainage Act 2002
State Development and Public Works Organisation Amendment Regulation (No. 2 (SL No 193 of 2009) amends the State Development and Public Works Organisation Act 1971
www.legislation.qld.gov.au
Cases
MacPherson v Coal & Allied Mining Services Pty Ltd (No.2) [2009] FMCA 881INDUSTRIAL LAW – Reasonable additional hours – s.226 – where company introduced a new 44 hour roster requiring employee to work consecutive 12 hour shifts – whether the additional hours were reasonable – impact on health, safety and family life of employees considered – whether employees adequately consulted about the changes in accordance with their industrial agreement
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MC Projects Pty Ltd v Nigel Farah Trading as The Tiling Crew v Graydon Kline and Kilne Industries International Pty Ltd [2009] QDC 288 UNIFORM CIVIL PROCEDURE RULES – BUILDING AND CONSTRUCTION INDUSTRY PAYMENTS ACT –Where an enforcement warrant was issued authorising redirection of specified debts certainly payable -Where enforcement creditor performed work under sub-contract with the enforcement debtor pursuant to enforcement debtor’s contract with the third persons - Where no debt was certainly payable by the third persons to the enforcement debtor – whether a claim or allegation of money owing is sufficient to establish a debt - whether there was a debt certainly payable by the third persons to the enforcement debtor that could be redirected
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Reed Construction (Q) P/L v Dellsun P/L [2009] QSC 274Applicant seeks an order that its costs be paid on an indemnity basis
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Park Avenue Constructions Pty Ltd v Sullivan [2009] QDC 292
BUILDING CONTRACTS – where identical purported payment claims served – where date on second purported payment claim different from first – where both purported payment claims for same reference date – where respondent did not respond to either purported payment claim – application for judgment
Watpac Civil Infrastructure P/L v Komatsu Australia P/L [2009] QSC 281PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER RULES OF COURT – OTHER MATTERS BEFORE TRIAL – where the plaintiff applied for orders that certain questions be tried separately and in advance of other issues – where the plaintiff submitted that a separate preliminary trial may lead to a settlement of the case or at least to a compromise of parts of the remainder and would result in an overall saving in time and expense – where there is a strong likelihood that the judge conducting the preliminary trial could not hear the remainder of the case as a result of findings which would be made about witnesses – whether a separate trial of preliminary questions should be ordered
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Geary v Downer EDI Mining P/L & Anor [2009] QSC 288 CIVIL LAW – APPLICATION – Where first defendant seeks judgement against the plaintiff pursuant to r 293 of the Uniform Civil Procedure Rules 1999 – whether statement of claim discloses cause of action – where plaintiff seeks an order that the trials of action 550/08 and 212/08 be heard together – where plaintiff seeks directions relating to the calling of expert evidence – where plaintiff seeks an order that the court dispense with the signature of the first defendant to the request for trial date
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