Reading RoomThe commencement of the Personal Property Securities Act 2009 (PPSA) and related Personal Property Securities Register (Register) is fast approaching. As advised previously there are a number registration issues those in the construction industry should turn their mind to before the commencement of the PPSA. From PPSA commencement on 30 January …
On Friday, 20 January 2012, the federal government released a report prepared by Maddocks for the Department of Climate Change and Energy Efficiency.
The report – "The Role of Regulation in Facilitating or Constraining Adaptation to Climate Change for Australian Infrastructure" – examines the regulatory frameworks affecting some of Australia's most important …
The festive season is a common time for clients to be ‘ambushed’ by a security of payment claim. With many offices shutting down over the festive season, the risk of failing to detect the service of a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) and not serving a payment schedule within …
Panel contracts or 'standing offers' are commonly used by principals for the provision of engineering services to plan and design projects, as and when required, over a specified period. They can achieve substantial savings and benefits by reducing purchasing, administration and transactional costs. However, uncertainty can arise as to a consultant's liability …
Following a recent Federal Court of Australia decision, principals (including local governments) should take notice that prohibited cartel conduct occurs in the Australian construction industry and must be aware of the indicators of non-genuine tender prices and the ways to avoid paying an inflated price for a project. Contractors must inform themselves of statutory provisions that prohibit …
On 30 September 2011 the Supreme Court of Victoria in the decision of SMEC Australia Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd (No2) [2011] VSC 492 struck out a $26 million claim for variations, extra work, delay costs and misrepresentations by the design team on the Adelaide Desalination Plant Project. While the claim may be redrawn, this is an extraordinary step. It highlights …
Residential building claims for defective works have grown exponentially over the past decade, in large part due to the increasing trend of Owners' Corporations commencing proceedings at the last possible time permitted by the Home Building Act 1989 (NSW).
The Home Building Amendment Act 2011 (NSW) received assent from Parliament on 25 October 2011. The Amending …
Modular construction is fast becoming a popular method of construction as construction costs in Melbourne soar for conventional builds. This timely explores modular construction, its application in Melbourne, its advantages and disadvantages and the legal considerations in modularising construction projects.
To read the full article please download PDF.
On 10 July 2011, the Prime Minister released the Federal Government's 'Clean Energy Future Plan' (Plan).
The centrepiece of the Plan is the introduction of a carbon price starting at $23 per tonne of carbon pollution on 1 July 2012. This price will be payable by Australia's 500 most carbon-intensive businesses in the stationary energy, …
On 18 May 2011, the Auditor-General published the Australian National Audit Office's (ANAO) report on The Establishment, Implementation and Administration of the Council Allocation Component of the Regional and Local Community Infrastructure Program. This report highlighted the fact that there have been delays in Councils delivering infrastructure projects …
