A storm in a contract
Weather patterns in 2021 and 2022 have been – at best – challenging for construction, and this has put many projects under pressure. Extensions of time may not be available for the prolonged wet weather that has affected much of the east coast of Australia, and force majeure clauses have generally been of little assistance […]
ReadmoreQueensland’s Project Trust Account phased rollout delayed
Project Trust Accounts (PTAs) are currently required for eligible contracts for: State Government and Hospital and Health Services valued at $1 million or more (ex. GST); and since 1 January 2022, the requirement to have a PTA has been extended to the private sector and local government building contracts valued at $10 million or more […]
ReadmoreLand Use Framework Plans – A new level in Melbourne’s strategic planning framework
The Department of Environment, Land, Water and Planning (DELWP) is currently seeking public feedback for newly released draft Land Use Framework Plans. Feedback for the Land Use Framework Plans is open until 24 October 2021 and be done using the following methods by visiting this link. What are Land Use Framework Plans? The Land Use […]
ReadmoreNew priority planning pathways for social and affordable housing development
There is currently a significant affordable housing shortfall in Victoria. Victoria’s Big Housing Build program presents new opportunities for private sector developers to work with Registered Housing Associations to deliver this much needed housing stock. The Gadens Real Estate & Construction Team recently hosted a virtual Boardroom Briefing on the new planning priority pathways for […]
ReadmoreManaging supply shortages and rising construction costs
As countries around the world counter the economic effects of COVID-19 by undertaking infrastructure projects and stimulating domestic construction, this has impacted global construction markets by creating: a shortage of some building materials; unpredictability in whether materials will be readily available when required; and upward pressure on labour and materials costs. To tackle these issues […]
ReadmoreIndustrial Manslaughter legislation on the way in WA
The director of MT Sheds (WA) Pty Ltd, Mark Thomas Withers, was sentenced two years and two months imprisonment (18 months suspended) and fined $2,250 for gross negligence causing death in relation to the 2020 death of a young worker and the serious injury of another. Both Mr Wither’s and his company pleaded guilty to […]
ReadmoreCountering Victoria’s Land Tax Grab
Amidst the outcry over the Victorian Government’s recently announced increases in land tax rates, it is more important than ever for landowners to consider potential strategies for containing their land tax cost. Indeed the latest announcement is just a further symptom of the Government over-reliance on land tax, which is also impacting landlords in a […]
ReadmoreIf it walks like a duck… Telstra’s new payphones and what they mean for the streetscape
If it walks and quacks like a duck, it’s probably a duck… This is what the Full Court of the Federal Court decided in considering whether or not Telstra’s new payphone cabinets, which feature large digital billboards, constituted ‘low-impact facilities’ (which would be exempt from State and Territory planning laws).[1] Importance of decision The decision […]
ReadmoreCladding Safety Victoria Act receives Royal Assent
The Cladding Safety Victoria Bill 2020 (Vic) (CSV Bill) introduced 3 September 2020 has now received royal assent on 4 November 2020. The Cladding Safety Victoria Act 2020 (CSV Act) will come into operation on a day yet to be proclaimed, and at the very latest 1 July 2021. Key Features One of the main purposes […]
ReadmoreCOVID-19 | Construction hibernation? The impact of Stage 4 restrictions on construction projects
On 16 August 2020, the Public Health Commander issued the Workplace (Additional Industry Obligations) Directions (No 4), Workplace Directions (No 3) and Area Directions (No 7) (collectively, Directions), which provide much needed guidance on the potential impact of Stage 4 restrictions on construction projects in Victoria. Although the various government websites and daily press conferences […]
ReadmoreWebinar | Navigating the infrastructure landscape for effective major project negotiations
Most significant publicly funded developments for major infrastructure – roads, rail, ports, tunnels and the like – intersect with other core infrastructure, such as utilities – gas, water, electricity – which may be highly regulated but are usually privately owned. Negotiating the rights, obligations and risks of the respective parties is delicate and difficult, complicated […]
ReadmoreNSW Parliament Introduces a Statutory Duty of Care for Residential Building Work
In Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 (2014) 313 ALR 408, the High Court found that a builder did not owe a common law duty of care to the developer of residential apartment buildings or its successors in title (including an owners corporation) for economic loss caused by defective work. The High […]
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