In 2020, the Court of Appeal has twice considered challenges to infrastructure charges levied upon major developments and has twice found in favour of councils. The Court of Appeal has upheld the right of councils to levy new infrastructure charges rather than relying on a condition of a preliminary approval in the Gold Coast City …
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Look out for our previous insight articles (as well as articles still to come) on the following topics: understanding water regulation; the modern minefield – water approvals for mining projects; water theft and offences; strategic water sharing options; project delivery options for large-scale water infrastructure; pricing and competition for water; native title and cultural heritage, …
Continue reading “Delivery options for large-scale water infrastructure projects”
On 11 February 2020, the New South Wales Supreme Court in the case of Armidale Regional Council v Vorhauer (No 2) [2020] NSWSC 56 expanded the costs that are recoverable by a local council under section 718 of the Local Government Act 1993 (LG Act) as part of the sale of land for unpaid rates. …
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Respondents beware of new protections for claimants enforcing adjudicated amounts WHO SHOULD READ THIS All principals, head contractors, subcontractors, suppliers and consultants performing construction work in Queensland as well as institutions that provide finance for building and construction projects. THINGS YOU NEED TO KNOW Key provisions of the Building Industry Fairness (Security of Payment) and …
Continue reading “BIF Act reforms commencing 1 October 2020”
Who should read this All principals, head contractors and subcontractors performing building and construction work in Queensland. The things you need to know In February 2020, the Queensland Government introduced the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2020 (Qld) (BIF Amendment Bill), which included replacing the existing project bank accounts …
Continue reading “The new project trust regime to commence in Queensland on 1 March 2021”
Parrwood Pty Ltd v Trinity Constructions (Aust) Pty Ltd [2020] NSWCA 172 The New South Wales Court of Appeal recently handed down its decision in Parrwood Pty Ltd v Trinity Constructions (Aust) Pty Ltd.[1] The Court of Appeal upheld a finding at first instance that, where a reference date had arisen under the Building and …
Continue reading “Take-out won’t take away a right to payment”
[vc_row][vc_column][vc_column_text css=””] The McCullough Robertson team is proud to have contributed to the Australia chapter in the 10th edition of the 2020 Projects and Construction Review, published by Law Business Research. In this edition, we highlight some of the significant projects across Australia and consider the complex framework for the development and implementation of major …
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WHO SHOULD READ THIS All engineers and engineering firms, and the owners, principals and contractors who engage engineers for their projects in the building and construction industry in New South Wales. WHAT YOU NEED TO KNOW From 1 July 2021, only registered professional engineers (or those under the direct supervision of a registered professional engineer) …
The Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2020 (Qld) (Bill) came into force on 15 July 2020. The Bill introduces major reforms to the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) and Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act), including the removal of the …
In late 2013, significant reforms to the licensing regime in Queensland were introduced, including an amendment to permit unlicensed head contractors to subcontract building work to licensed subcontractors and thereby be exempt from the consequences and penalties associated with undertaking to carry out, and carrying out, unlicensed building works in Queensland. However, proposed amendments to …
Continue reading “Unlicensed parties beware – Head contractor exemption to be removed from QBCC Act”
In the December 2019 issue of The Local Law we outlined the position in regards to reliance upon electronic execution of documents. Since that time, the COVID-19 pandemic has introduced novel challenges in this area and the pre-COVID-19 legislation simply did not envisage the issues that parties may have in receiving, signing and exchanging hardcopy …
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This article gives an overview of the water regulatory regime for resource projects in Queensland, by exploring the following questions: Do you need an authority to take or interfere with water for your project? What is an ‘Associated Water Licence’ and do you need one? How do you comply with water monitoring obligations off-tenure? When …
Continue reading “The modern minefield – water approvals for mining projects”
About this insight article This is the first of McCullough Robertson’s six part series on understanding water regulation, which will focus on the complex water regimes across Queensland (QLD) and New South Wales (NSW). Look out for further insight articles on: water regulations specific to the resources sector; regional water modelling and cumulative impacts; water …
Background With cashflow more important than ever for businesses within the construction industry, it is crucial to plan ahead to determine the best approach to recover money owed to you under your construction contract. There are various forums which can be considered, whether that be commercial negotiation, litigation, arbitration, the statutory demand process under the …
Background From 1 July 2020, local councils will be able to access funding to support delivery of priority local road and community infrastructure projects, under the ‘LRCI Program’. Local Roads and Community Infrastructure Program As part of the Federal Government’s $1.8 billion boost for road and community projects through local governments across Australia, on 22 …
On 15 April 2020, the NSW Planning and Public Spaces Minister Rob Stokes (the Minister) announced that Productivity Commissioner Peter Achterstraat has been appointed to commence a review of the current developer contributions system and provide recommendations for an improved system by the end of 2020. In connection with this, a series of more immediate …
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Building Industry Fairness (Security of Payment) Amendment Bill 2020 Focus: Charges over property WHO SHOULD READ THIS Any private sector principal (particularly property developers), financiers, contractors or subcontractors involved with construction work in Queensland. WHAT YOU NEED TO KNOW The Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2020 (Bill) will introduce …
The impact of COVID-19 continues to be felt across the construction industry with new legal and regulatory measures impacting contractual obligations, the availability of labour, project financing and supply chain reliability. This article addresses the key changes around State border closures and how this impacts upon FIFO and DIDO workers in particular. Border closures in …
The impact of COVID-19 is being felt across projects of all sizes, with strain being placed on supply chains, availability of labour and the impacts of the already numerous Government driven restrictions and other directions across the globe. Undoubtedly the recent disruptions caused by COVID-19 will have effects on the ability of projects to be …
Introduction While Australia faces its energy challenges, there are also proving to be many opportunities emerging for existing industries as a result of technological advancements and the falling costs of renewable energy projects. One such opportunity which has emerged for the mining industry specifically is the potential to utilise former and abandoned mine sites for …
WHO SHOULD READ THIS WHAT YOU NEED TO KNOW WHAT YOU NEED TO DO Continuing on the path of reform that began following the commencement of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act), the Queensland Government has proposed extensive amendments to the BIF Act, and to other legislation governing the …
Overview As mentioned in our insight article published last week, the PRCP regime commenced on Friday, 1 November, although the Department of Environment and Science’s (DES) PRCP Guideline had yet to be published. After much anticipation, the guideline was released on Monday, 4 November. As expected, it sheds light on a number of statutory information requirements …
Continue reading “PRCP Guideline released to assist rollout of new rehabilitation regime”
WHO SHOULD READ THIS Principals, contractors, subcontractors, and suppliers in the construction industry who operate in New South Wales. THINGS YOU NEED TO KNOW Significant amendments to the Building and Construction Industry Security of Payment Act 1999(NSW) will commence on 21 October 2019. WHAT YOU NEED TO DO Ensure that you are familiar with the effect …
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WHO SHOULD READ THIS Building industry professionals including builders, contractors, certifiers and developers THINGS YOU NEED TO KNOW In response to insurers ceasing to offer insurance coverage to building certifiers for cladding-related claims, the Queensland Government and NSW Government will be temporarily allowing building certifiers to practice with professional indemnity insurance that excludes cladding-related claims. …
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We are pleased to bring you the 2019 edition of Emerging Issues for the Australian Resources and Renewable Energy Industry. For further information or for any queries, please contact our below team.
WHO SHOULD READ THIS Solar farm owners, operators and contractors. THINGS YOU NEED TO KNOW The Electrical Safety (Solar Farms) Amendment Regulation 2019 (Qld), which came into effect on 13 May 2019 was challenged in the Supreme Court of Queensland, with the Supreme Court ruling on 29 May 2019 that it is invalid. The Court …
Continue reading “Queensland’s new solar regulations – invalidity is confirmed”
