Construction, Major Projects & Infrastructure

Construction, Major Projects & Infrastructure

Construction, Major Projects & Infrastructure

The current resources boom has brought unprecedented new major projects and infrastructure to Australia. Corrs helps government and private project participants in their search for liquidity by negotiating public and private capital solutions.

Creating new infrastructure projects comes with its own set of challenges: scarce labour resources, fierce competition for capital, an impending carbon price economy, complex legislative obligations and increasing pressure to produce agreeable community and environmental credentials for each project.

Corrs’ multi-sector experience, both in Australia and overseas, enables us to advise at all stages of this journey, whether bridging the divide between private sector sponsors and foreign sources of capital, or between government and business.

Our Thinking

Corrs High Vis: Episode 13 – Building a Brand

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

More

The Buck Stops Here: Chain of Responsibility for Non-Conforming Building Products in Queensland

Proposed new legislation in Queensland will establish a chain of responsibility, placing duties on supply chain participants to ensure building products are fit for purpose.

More

SICC Continues to Grow International Construction Law Jurisprudence

Recently, the Singapore International Commercial Court (SICC) handed down its final decision in Teras Offshore Pte Ltd v Teras Cargo Transport (America) LLC

More

Corrs High Vis: Episode 12 – Partnering through Innovation

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

More

Corrs High Vis: Episode 11 – Doing Business with Asia (Part Two: China)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

More

Your option or mine?

The New South Wales Court of Appeal has recently confirmed that an option to extend a contract which did not specify which party had the benefit of the option could be exercised unilaterally by either party.

More

Corrs High Vis: Episode 11 – Doing Business with Asia (Part One)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

More

10 ways Japanese investors can enhance Australia’s transport sector

Corrs was a guest of the Embassy of Japan at the Second Japan-Australia Infrastructure Networking Meeting in Canberra in 2017. So, where can Japanese investors add value?

More

Corrs High Vis: Episode 9 - Heading West: WA Market Update

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

More

Corrs High Vis: Episode 8 – Corrs Construction Law Update

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

More

Corrs High Vis: Episode 7 – What’s Next for Market-Led Proposals In Australia?

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

More

Laying the foundations: a brighter global future

Governments talk a lot about infrastructure but are slow to act. So, how do we ensure infrastructure meets the world’s future challenges?

More

Victoria’s Value Creation and Capture Framework: A first step in the right direction

Victoria’s Value Creation and Capture Framework should be seen as the start of the journey, not the final destination.

More

Construction Law Update - April 2017

The Corrs Construction Team is very pleased to present the Construction Law Update – April 2017. In this edition, we look in detail at a number of legislative and case law developments affecting the construction and infrastructure sectors.

More

Standards Australia abandons AS 11000

AS 2124 & AS 4000 to remain – Standards Australia has cancelled all further developments of AS 11000

More

Corrs High Vis: Episode 6 – Penchant for prefab: A viable alternative to traditional building

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

More

Greater Power Purchasing: How large energy consumers are generating their own

Some of Australia’s largest energy consumers are now procuring renewable energy through PPAs.

More

What’s Next for Market-led Proposals In Australia?

Governments face challenges in ensuring their MLP policies are accountable, transparent and represent value for money.

More Download

Why Bus service is not good service for the purpose of Security of Payment

To meet the time limits set out in the Building and Construction Industry Security of Payment Act 1999, the temptation is often to provide documents on a USB. But is this good service for the purpose of the Act?

More

Institutional investors and the Queensland resources sector: a new challenge to clean exit

Why institutional investors in Queensland could face serious issues when they realise their investment on a clean-exit basis

More

Assignment of defect warranties: Is your drafting sufficient?

The NSW Supreme Court of Appeal has clarified that a broad assignment of rights will enable a purchaser to sue on the transferred warranty – regardless of whether the purchaser knew of the relevant defects at the time of the acquisition.

More

Corrs High Vis: Episode 5 – Attracting a crowd: Stadium Development lessons from overseas

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

More

Attracting a Crowd: Stadium Development Lessons from Overseas

Several recent overseas developments in the US, Asia and the UK have demonstrated that stadia can be an economically sustainable long term proposition.

More Download

The future of correction centres – does virtual reality have a place?

Augmented and virtual reality technology is fast becoming more pervasive and affordable. But what does it offer for correctional services?

More

Corrs High Vis: Episode 4 – Seminar: When is Arbitration the Answer?

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

More

Corrs High Vis: Episode 3 – Construction Market Forecast: 2017 and beyond

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

More

Disrupting procurement: the process contract and other avenues

Commonwealth legislation is being proposed to allow judicial review for government procurement decisions. What will this mean for the tender process?

More

Opportunities hiding amongst the issues in youth detention

How can service delivery in youth detention be improved to achieve better outcomes including reduced recidivism?

More

Corrs High Vis: Episode 2 – Sydney Arbitration Week (Part 2)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

More

Technology Assisted Review in Large Dispute Case Management: Australian and International Developments

With the size – and complexity – of large commercial disputes rapidly increasing, using technology to assist in their case management is becoming more and more important.

More

Proposed reform to Queensland’s Building and Construction industry

The Queensland Government is seeking submissions on proposed reforms to the building and construction industry.

More

Will a focus on ‘economic benefit’ in new government rules affect the WTO Agreement on Government Procurement?

What does ‘economic benefit’ really mean in the government’s new Commonwealth Procurement Rules?

More

Corrs High Vis: Episode 2 – Sydney Arbitration Week (Part 1)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

More

WA parliament passes government’s proposed amendments to the Construction Contracts Act 2004 (WA)

Following the WA government’s recent announcement that it would be implementing measures to provide greater protections to subcontractors, the WA State parliament has passed the Construction Contracts Amendment Bill 2016 (WA).

More

Queensland Government announces its intention to reform The State’s Security of Payment Regime

Queensland Government proposes introducing Project Bank Accounts and amending Queensland security of payment legislation.

More

Section 180(1) of the Corporations Act: a backdoor means of prosecuting company directors for corporate contraventions of environmental law?

Could a ‘stepping stone’ approach to statutory duty of care see directors prosecuted for breaches of environmental law?

More

Construction Law Update - November 2016

The Corrs Construction Team is very pleased to present the Construction Law Update – November 2016. In this edition, we look in detail at a number of legislative and case law developments affecting the construction and infrastructure sectors.

More Download

Corrs High Vis: Episode 1 – Corrs' Construction Law Update (Nov 2016)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

More

Commercially Sensitive: Confidential meets Open Justice

How can you protect commercially sensitive information when it’s being tendered in evidence?

More

Early Completion and its Effect on the Contractor

This article addresses two questions related to early completion. The first is whether the contractor is entitled to complete early. The second question is whether a contractor is entitled to an extension of time where it plans to complete early and

More Download

Overcoming the Tyranny of Distance: Building Vital Telecommunications Infrastructure

Submarine cables are a vital component of international telecommunications infrastructure but we only really think about them when something goes wrong.

More Download

Unchartered Territory: Trade with Iran may be an Economic Goldmine

Iran is open for business following the relief of sanctions, so where do the opportunities lie for Australian investors?

More

Arbitration: Can it assist in the development of the common law – An Australian point of view

‘Foreign persons’ will soon be required to notify the ATO of their interests in registrable water entitlements and contractual water rights, under a new bill to amend the Register of Foreign Ownership of Agricultural Land Act 2015 (Cth).

More

When is a water treatment plant part of coal seam gas ‘prospecting’?

A recent decision by Justice Moore in People for the Plains v Santos [2016] has provided some clarity around the types of activities that fall under the definition of ‘prospecting’ and can therefore be carried out without development consent.

More

High Court Invalidates Federal Law Exempting Offshore Resource Activities from Visa Requirements

Following the High Court’s decision in Maritime Union of Australia v Minister for Immigration and Border Protection [2016], employers in the offshore oil and gas sector will now have to ensure foreign workers have valid visas.

More

A lot more complicated than building with Lego: But modularisation is here to stay

Modularisation is making light of seemingly impossible timescales in the construction industry. So, what do developers need to consider?

More

ANA abolition voted down – no news is good news?

A recent push to abolish Authorised Nominating Authorities may have failed but the signs are that there will be continued momentum for reform and ensuring (perceived) impartiality for adjudicators.

More

The Investment Treaty Arbitration Review, The Trans-Pacific Partnership

The Trans-Pacific Partnership: Does it achieve the necessary balance between investment protection and regulatory discretion?

More Download

WA government announces proposed measures to protect subcontractors

Following calls in the lead up to the March 2017 state election to “give small businesses a fair go”, the WA government has announced that it will be implementing measures to provide greater protections to subcontractors.

More

Call in the referee: Court appointed experts in complex cases

Victorian courts have long been reluctant to disrupt the status quo when it comes to appointing experts in proceedings. But a recent decision by the Supreme Court of Victoria could signal a shift in the court’s attitude.

More

Dangerous Alliances: Is Peter Druker right about Joint Ventures?

A quarter of joint ventures end in dispute, so is Peter Druker’s take on them accurate and how can you mitigate against things going awry?

More

Beyond the banks - Paciocco affects others too

This week’s High Court decision in the Paciocco v ANZ case will have ramifications that go far beyond the banking industry.

More

Avoiding jurisdictional error: Is near enough good enough?

The recent decision of the WA Supreme Court of Appeal in LORAC v Samsung [2016] WASCA 130 is an important one for parties seeking (or resisting an application for) judicial review of an adjudicator’s determination.

More

‘Without Prejudice’ Communications in Commercial Settlement Discussions

If used correctly ‘without prejudice’ communications can assist in the timely and efficient resolution of commercial disputes (including disputes relating to claims on live projects). This article explores practical issues associated with the use of

More Download

Construction Arbitration Australian Jurisdiction - GAR know-how

Andrew Stephenson, Lee Carroll and Jey Nandacumaran recently contributed the Australian jurisdiction section on Construction Arbitration to GAR know-how.

More

Construction law update - July

This publication provides a concise review of, and commercially focussed commentary on, the major judicial and legislative developments affecting the construction and infrastructure industry in recent months.

More Download

The Probuild decision: Finding the balance in construction industry payment

This month’s decision by the NSW Supreme Court in Probuild could change the commercial claims environment for construction and engineering in NSW. Does it herald change for the better?

More

When the rubber hits the road: Opportunities and challenges for Australia’s first rubber-tyred train system

Rapid transit metros using trains with a rubber-tyred guided system could soon be on the cards for Australian cities.

More

Plenty in reserve: Tapping into Iran’s true potential

With Federal Government lifting most sanctions against Iran, what does the country offer Australian business? Corrs partners Alan Churley and David Yates explore a nation which boasts the world’s largest gas reserves.

More

Preparing for the extended unfair contract terms regime (VIDEO)

The Unfair Contract Terms regime is being extended to small businesses from November 12th. In this short video Corrs partners Andrew McCormack and Joseph Barbaro consider how businesses can prepare.

More

Trump, Brexit and Protectionism: Navigating cross-border disputes and international arbitration in a more connected world

The rise in global protectionism will lead to more disputes in an increasingly connected world. As trust is eroded, businesses must adopt active mitigation strategies to navigate the risks of global trade and commerce.

More

Clean energy: ARENA’s grant funding and the new Clean Energy Innovation Fund

On 23 March 2016, the Turnbull Government announced the establishment of a $1 billion Clean Energy Innovation Fund (CEIF) to provide debt and equity funding for clean energy projects.

More

Better days ahead for building owners in NSW strata schemes

The Strata Schemes Management Act 2015 coming into effect at the end of this year, will give strata owners greater protection and developers pause to consider changes in the way they do business.

More

Public Stadium projects – can they be made into economic champions or will they always be wooden spooners?

Developing stadiums has numerous social and economic benefits that can be long-term and wide-ranging. But how can stadiums be developed given the current uncertainty of funding?

More

Will an adjudication determination ordering a party to pay money prevent that party from calling on contractual security?

A recent WA Supreme Court decision clarifies the scope of sections 38 and 45(3) of the Construction Contracts Act 2004, important provisions concerning the binding nature of adjudication determinations and their admission into evidence.

More

The ABCC bill is about fairness and the rule of law

Reinstating the ABCC is about making sure that the CFMEU obeys the law as it is, not what the union thinks it ought to be.

More

Alliancing in Australia: Commercial Advantage at the Expense of Legal Certainty?

Turning the traditional concepts of construction contracting on their head, alliancing seeks to harness the synergistic benefits of co-operation and collaboration between the project participants.

More Download

Good Faith in Commercial Contracts: The Journey and the Destination

The express obligation to act in good faith has long been recognised as a feature of contract law across a number of jurisdictions in Australia and internationally. However debate continues as to its scope and application.

More

Will the year of the fire monkey burn corporate Australia’s ambitions in 2016?

Our key predictions on what Australia can expect from the Chinese year of the fire monkey.

More

Smart Cities: Making Australian Precinct Energy Networks a Reality

In this second article of our Smart Cities series, we look at how technologies that combine heating, cooling and electricity can transform Australia’s urban energy networks.

More

Freezing orders can preserve enforcement of international and domestic arbitral awards

A recent High Court decision means that freezing orders for assets in Australia are available in respect of domestic and international arbitrations, regardless of the seat of the arbitration or underlying law of the dispute.

More

Consultations on potential reform to security of payment arrangements in Queensland

The Queensland Government has launched a State-wide public consultation process on how best to reduce the risk of sub-contractors in the construction industry not being paid in the event of head-contractor insolvency.

More

The challenge of building Australia’s gateway to the Indo-Pacific

The development of Northern Australia is attracting renewed investor interest and government support. What are the key challenges to developing Australia’s northern frontier?

More

The North's time has come: Why Business should be looking at Northern Australia for new opportunities

Food security concerns in Asia and the Middle East will drive demand for what the north can produce.

More

General Counsels’ top priority for 2016: Managing cyber security

Data security is top of the “worry” list for general counsel and directors.

More

What it takes to be a sustainable, smart city: Urban innovation

How are cities responding to issues of congestion, aging infrastructure and pollution?

More

Here comes the sun: Funding for solar energy will fast-track Australia’s renewable future

Australia’s solar industry is ripe for investment with new government-backed support and funding.

More

Construction law - Arbitration update

Arbitration is increasingly becoming a forum of choice for resolving construction disputes.

More Download

Want to sell your idea to Government? An unsolicited proposal could be your answer

Unsolicited proposals are a means by which the private sector can propose new ideas to the State to deliver capital requirements outside normal procurement processes.

More Download

NSW Government announces commencement date for security of payment reforms

After several months of speculation, the reforms to NSW security of payment legislation are now expected to commence this month.

More

Royal Commission into Trade Union Governance and Corruption

On 10 February 2014, Prime Minister Tony Abbott announced a Royal Commission into Trade Union Governance and Corruption.

More

Navigating Australian admiralty law: The ability to claim against and arrest a ship in Australian waters

Shipping has become integral to the growth and success of many businesses in Australia.

More Download

Beware the ticking adjudication clock - At least for the moment...

The recent WA State Administrative Tribunal decision in The MCIC Nominees Trust training as Capital Projects & Developments and Red Ink Homes Pty Ltd [2013] WASAT 177 has clarified how the time periods in s 26(1) of the Act is to be computed.

More

Enforcement of determinations - Dispute or no dispute: That is the question!

Two recent decisions suggest that it is open to parties who have the benefit of adjudication determinations made under the Construction Contracts Act to enforce the determination by way of statutory demand without having to first register it as

More

Back to the future - ABCC set to return under Building and Construction Industry (Improving Productivity) Bill

On 14 November 2013, the Abbott Government introduced the Building and Construction Industry (Improving Productivity) Bill 2013 into Parliament.

More

Retention money trust accounts may soon become mandatory for head contractors in the NSW construction industry

Mandatory trust accounts to deal with retention money held by head contractors in the construction industry may soon become law in NSW.

More

NSW Government takes first step to address the insolvency crisis in the construction industry

The spate of insolvencies in the NSW construction sector shows no signs of easing. On 24 October 2013, the Building and Construction Industry Security of Payment Act Amendment Bill 2013 was introduced into Parliament.

More

Queensland payment legislation may have feet of clay

Mining services contractors seeking payment for work performed on a site that is occupied under a mining lease should carefully check to see whether the work for which payment is claimed can be characterised as “construction work”.

More

NSW Government: Sale of 99 year leaseholds - Some issues that can arise

Given the current proposals by the NSW Government to release surplus commercial property by the sale of a long-term leasehold interests (usually 99 years), it is timely to consider some of the underlying issues.

More

Section 138 Roads Act Approvals and Judicial Review: The Northern Eruv Incorporated v Ku-ring-gai Council [2012] NSWLEC 249

The Land and Environment Court has given recent judicial consideration to the scope of the Court’s power under section 39(2) of the Land and Environment Court Act 1979 to review approvals under the Roads Act 1993.

More

Construction contracts - A wider net than you think

Two recent decisions remind us that the Building and Construction Industry Security of Payment Act 1999 apply not just to construction contracts, but to arrangements for construction work more broadly.

More

Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012

Schedule 1 of The Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012 (Cth) (New Act) has commenced today, 1 June 2012.

More

Our Thinking

Corrs High Vis: Episode 13 – Building a Brand

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

The Buck Stops Here: Chain of Responsibility for Non-Conforming Building Products in Queensland

Proposed new legislation in Queensland will establish a chain of responsibility, placing duties on supply chain participants to ensure building products are fit for purpose.

SICC Continues to Grow International Construction Law Jurisprudence

Recently, the Singapore International Commercial Court (SICC) handed down its final decision in Teras Offshore Pte Ltd v Teras Cargo Transport (America) LLC

Corrs High Vis: Episode 12 – Partnering through Innovation

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

Corrs High Vis: Episode 11 – Doing Business with Asia (Part Two: China)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

Your option or mine?

The New South Wales Court of Appeal has recently confirmed that an option to extend a contract which did not specify which party had the benefit of the option could be exercised unilaterally by either party.

Corrs High Vis: Episode 11 – Doing Business with Asia (Part One)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

10 ways Japanese investors can enhance Australia’s transport sector

Corrs was a guest of the Embassy of Japan at the Second Japan-Australia Infrastructure Networking Meeting in Canberra in 2017. So, where can Japanese investors add value?

Corrs High Vis: Episode 9 - Heading West: WA Market Update

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

Corrs High Vis: Episode 8 – Corrs Construction Law Update

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

Corrs High Vis: Episode 7 – What’s Next for Market-Led Proposals In Australia?

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

Laying the foundations: a brighter global future

Governments talk a lot about infrastructure but are slow to act. So, how do we ensure infrastructure meets the world’s future challenges?

Victoria’s Value Creation and Capture Framework: A first step in the right direction

Victoria’s Value Creation and Capture Framework should be seen as the start of the journey, not the final destination.

Construction Law Update - April 2017

The Corrs Construction Team is very pleased to present the Construction Law Update – April 2017. In this edition, we look in detail at a number of legislative and case law developments affecting the construction and infrastructure sectors.

Standards Australia abandons AS 11000

AS 2124 & AS 4000 to remain – Standards Australia has cancelled all further developments of AS 11000

Corrs High Vis: Episode 6 – Penchant for prefab: A viable alternative to traditional building

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

Greater Power Purchasing: How large energy consumers are generating their own

Some of Australia’s largest energy consumers are now procuring renewable energy through PPAs.

What’s Next for Market-led Proposals In Australia?

Governments face challenges in ensuring their MLP policies are accountable, transparent and represent value for money.

Why Bus service is not good service for the purpose of Security of Payment

To meet the time limits set out in the Building and Construction Industry Security of Payment Act 1999, the temptation is often to provide documents on a USB. But is this good service for the purpose of the Act?

Institutional investors and the Queensland resources sector: a new challenge to clean exit

Why institutional investors in Queensland could face serious issues when they realise their investment on a clean-exit basis

Assignment of defect warranties: Is your drafting sufficient?

The NSW Supreme Court of Appeal has clarified that a broad assignment of rights will enable a purchaser to sue on the transferred warranty – regardless of whether the purchaser knew of the relevant defects at the time of the acquisition.

Corrs High Vis: Episode 5 – Attracting a crowd: Stadium Development lessons from overseas

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry.

Attracting a Crowd: Stadium Development Lessons from Overseas

Several recent overseas developments in the US, Asia and the UK have demonstrated that stadia can be an economically sustainable long term proposition.

The future of correction centres – does virtual reality have a place?

Augmented and virtual reality technology is fast becoming more pervasive and affordable. But what does it offer for correctional services?

Corrs High Vis: Episode 4 – Seminar: When is Arbitration the Answer?

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

Corrs High Vis: Episode 3 – Construction Market Forecast: 2017 and beyond

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

Disrupting procurement: the process contract and other avenues

Commonwealth legislation is being proposed to allow judicial review for government procurement decisions. What will this mean for the tender process?

Opportunities hiding amongst the issues in youth detention

How can service delivery in youth detention be improved to achieve better outcomes including reduced recidivism?

Corrs High Vis: Episode 2 – Sydney Arbitration Week (Part 2)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

Technology Assisted Review in Large Dispute Case Management: Australian and International Developments

With the size – and complexity – of large commercial disputes rapidly increasing, using technology to assist in their case management is becoming more and more important.

Proposed reform to Queensland’s Building and Construction industry

The Queensland Government is seeking submissions on proposed reforms to the building and construction industry.

Will a focus on ‘economic benefit’ in new government rules affect the WTO Agreement on Government Procurement?

What does ‘economic benefit’ really mean in the government’s new Commonwealth Procurement Rules?

Corrs High Vis: Episode 2 – Sydney Arbitration Week (Part 1)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

WA parliament passes government’s proposed amendments to the Construction Contracts Act 2004 (WA)

Following the WA government’s recent announcement that it would be implementing measures to provide greater protections to subcontractors, the WA State parliament has passed the Construction Contracts Amendment Bill 2016 (WA).

Queensland Government announces its intention to reform The State’s Security of Payment Regime

Queensland Government proposes introducing Project Bank Accounts and amending Queensland security of payment legislation.

Section 180(1) of the Corporations Act: a backdoor means of prosecuting company directors for corporate contraventions of environmental law?

Could a ‘stepping stone’ approach to statutory duty of care see directors prosecuted for breaches of environmental law?

Construction Law Update - November 2016

The Corrs Construction Team is very pleased to present the Construction Law Update – November 2016. In this edition, we look in detail at a number of legislative and case law developments affecting the construction and infrastructure sectors.

Corrs High Vis: Episode 1 – Corrs' Construction Law Update (Nov 2016)

Corrs High Vis is a series of podcasts, offering insight and analysis into the Australian construction industry. Presented by Corrs Chambers Westgarth, it considers the issues which really matter to professionals in this ever-evolving industry.

Commercially Sensitive: Confidential meets Open Justice

How can you protect commercially sensitive information when it’s being tendered in evidence?

Early Completion and its Effect on the Contractor

This article addresses two questions related to early completion. The first is whether the contractor is entitled to complete early. The second question is whether a contractor is entitled to an extension of time where it plans to complete early and

Overcoming the Tyranny of Distance: Building Vital Telecommunications Infrastructure

Submarine cables are a vital component of international telecommunications infrastructure but we only really think about them when something goes wrong.

Unchartered Territory: Trade with Iran may be an Economic Goldmine

Iran is open for business following the relief of sanctions, so where do the opportunities lie for Australian investors?

Arbitration: Can it assist in the development of the common law – An Australian point of view

‘Foreign persons’ will soon be required to notify the ATO of their interests in registrable water entitlements and contractual water rights, under a new bill to amend the Register of Foreign Ownership of Agricultural Land Act 2015 (Cth).

When is a water treatment plant part of coal seam gas ‘prospecting’?

A recent decision by Justice Moore in People for the Plains v Santos [2016] has provided some clarity around the types of activities that fall under the definition of ‘prospecting’ and can therefore be carried out without development consent.

High Court Invalidates Federal Law Exempting Offshore Resource Activities from Visa Requirements

Following the High Court’s decision in Maritime Union of Australia v Minister for Immigration and Border Protection [2016], employers in the offshore oil and gas sector will now have to ensure foreign workers have valid visas.

A lot more complicated than building with Lego: But modularisation is here to stay

Modularisation is making light of seemingly impossible timescales in the construction industry. So, what do developers need to consider?

ANA abolition voted down – no news is good news?

A recent push to abolish Authorised Nominating Authorities may have failed but the signs are that there will be continued momentum for reform and ensuring (perceived) impartiality for adjudicators.

The Investment Treaty Arbitration Review, The Trans-Pacific Partnership

The Trans-Pacific Partnership: Does it achieve the necessary balance between investment protection and regulatory discretion?

WA government announces proposed measures to protect subcontractors

Following calls in the lead up to the March 2017 state election to “give small businesses a fair go”, the WA government has announced that it will be implementing measures to provide greater protections to subcontractors.

Call in the referee: Court appointed experts in complex cases

Victorian courts have long been reluctant to disrupt the status quo when it comes to appointing experts in proceedings. But a recent decision by the Supreme Court of Victoria could signal a shift in the court’s attitude.

Dangerous Alliances: Is Peter Druker right about Joint Ventures?

A quarter of joint ventures end in dispute, so is Peter Druker’s take on them accurate and how can you mitigate against things going awry?

Beyond the banks - Paciocco affects others too

This week’s High Court decision in the Paciocco v ANZ case will have ramifications that go far beyond the banking industry.

Avoiding jurisdictional error: Is near enough good enough?

The recent decision of the WA Supreme Court of Appeal in LORAC v Samsung [2016] WASCA 130 is an important one for parties seeking (or resisting an application for) judicial review of an adjudicator’s determination.

‘Without Prejudice’ Communications in Commercial Settlement Discussions

If used correctly ‘without prejudice’ communications can assist in the timely and efficient resolution of commercial disputes (including disputes relating to claims on live projects). This article explores practical issues associated with the use of

Construction Arbitration Australian Jurisdiction - GAR know-how

Andrew Stephenson, Lee Carroll and Jey Nandacumaran recently contributed the Australian jurisdiction section on Construction Arbitration to GAR know-how.

Construction law update - July

This publication provides a concise review of, and commercially focussed commentary on, the major judicial and legislative developments affecting the construction and infrastructure industry in recent months.

The Probuild decision: Finding the balance in construction industry payment

This month’s decision by the NSW Supreme Court in Probuild could change the commercial claims environment for construction and engineering in NSW. Does it herald change for the better?

When the rubber hits the road: Opportunities and challenges for Australia’s first rubber-tyred train system

Rapid transit metros using trains with a rubber-tyred guided system could soon be on the cards for Australian cities.

Plenty in reserve: Tapping into Iran’s true potential

With Federal Government lifting most sanctions against Iran, what does the country offer Australian business? Corrs partners Alan Churley and David Yates explore a nation which boasts the world’s largest gas reserves.

Preparing for the extended unfair contract terms regime (VIDEO)

The Unfair Contract Terms regime is being extended to small businesses from November 12th. In this short video Corrs partners Andrew McCormack and Joseph Barbaro consider how businesses can prepare.

Trump, Brexit and Protectionism: Navigating cross-border disputes and international arbitration in a more connected world

The rise in global protectionism will lead to more disputes in an increasingly connected world. As trust is eroded, businesses must adopt active mitigation strategies to navigate the risks of global trade and commerce.

Clean energy: ARENA’s grant funding and the new Clean Energy Innovation Fund

On 23 March 2016, the Turnbull Government announced the establishment of a $1 billion Clean Energy Innovation Fund (CEIF) to provide debt and equity funding for clean energy projects.

Better days ahead for building owners in NSW strata schemes

The Strata Schemes Management Act 2015 coming into effect at the end of this year, will give strata owners greater protection and developers pause to consider changes in the way they do business.

Public Stadium projects – can they be made into economic champions or will they always be wooden spooners?

Developing stadiums has numerous social and economic benefits that can be long-term and wide-ranging. But how can stadiums be developed given the current uncertainty of funding?

Will an adjudication determination ordering a party to pay money prevent that party from calling on contractual security?

A recent WA Supreme Court decision clarifies the scope of sections 38 and 45(3) of the Construction Contracts Act 2004, important provisions concerning the binding nature of adjudication determinations and their admission into evidence.

The ABCC bill is about fairness and the rule of law

Reinstating the ABCC is about making sure that the CFMEU obeys the law as it is, not what the union thinks it ought to be.

Alliancing in Australia: Commercial Advantage at the Expense of Legal Certainty?

Turning the traditional concepts of construction contracting on their head, alliancing seeks to harness the synergistic benefits of co-operation and collaboration between the project participants.

Good Faith in Commercial Contracts: The Journey and the Destination

The express obligation to act in good faith has long been recognised as a feature of contract law across a number of jurisdictions in Australia and internationally. However debate continues as to its scope and application.

Will the year of the fire monkey burn corporate Australia’s ambitions in 2016?

Our key predictions on what Australia can expect from the Chinese year of the fire monkey.

Smart Cities: Making Australian Precinct Energy Networks a Reality

In this second article of our Smart Cities series, we look at how technologies that combine heating, cooling and electricity can transform Australia’s urban energy networks.

Freezing orders can preserve enforcement of international and domestic arbitral awards

A recent High Court decision means that freezing orders for assets in Australia are available in respect of domestic and international arbitrations, regardless of the seat of the arbitration or underlying law of the dispute.

Consultations on potential reform to security of payment arrangements in Queensland

The Queensland Government has launched a State-wide public consultation process on how best to reduce the risk of sub-contractors in the construction industry not being paid in the event of head-contractor insolvency.

The challenge of building Australia’s gateway to the Indo-Pacific

The development of Northern Australia is attracting renewed investor interest and government support. What are the key challenges to developing Australia’s northern frontier?

The North's time has come: Why Business should be looking at Northern Australia for new opportunities

Food security concerns in Asia and the Middle East will drive demand for what the north can produce.

General Counsels’ top priority for 2016: Managing cyber security

Data security is top of the “worry” list for general counsel and directors.

What it takes to be a sustainable, smart city: Urban innovation

How are cities responding to issues of congestion, aging infrastructure and pollution?

Here comes the sun: Funding for solar energy will fast-track Australia’s renewable future

Australia’s solar industry is ripe for investment with new government-backed support and funding.

Construction law - Arbitration update

Arbitration is increasingly becoming a forum of choice for resolving construction disputes.

Want to sell your idea to Government? An unsolicited proposal could be your answer

Unsolicited proposals are a means by which the private sector can propose new ideas to the State to deliver capital requirements outside normal procurement processes.

NSW Government announces commencement date for security of payment reforms

After several months of speculation, the reforms to NSW security of payment legislation are now expected to commence this month.

Royal Commission into Trade Union Governance and Corruption

On 10 February 2014, Prime Minister Tony Abbott announced a Royal Commission into Trade Union Governance and Corruption.

Navigating Australian admiralty law: The ability to claim against and arrest a ship in Australian waters

Shipping has become integral to the growth and success of many businesses in Australia.

Beware the ticking adjudication clock - At least for the moment...

The recent WA State Administrative Tribunal decision in The MCIC Nominees Trust training as Capital Projects & Developments and Red Ink Homes Pty Ltd [2013] WASAT 177 has clarified how the time periods in s 26(1) of the Act is to be computed.

Enforcement of determinations - Dispute or no dispute: That is the question!

Two recent decisions suggest that it is open to parties who have the benefit of adjudication determinations made under the Construction Contracts Act to enforce the determination by way of statutory demand without having to first register it as

Back to the future - ABCC set to return under Building and Construction Industry (Improving Productivity) Bill

On 14 November 2013, the Abbott Government introduced the Building and Construction Industry (Improving Productivity) Bill 2013 into Parliament.

Retention money trust accounts may soon become mandatory for head contractors in the NSW construction industry

Mandatory trust accounts to deal with retention money held by head contractors in the construction industry may soon become law in NSW.

NSW Government takes first step to address the insolvency crisis in the construction industry

The spate of insolvencies in the NSW construction sector shows no signs of easing. On 24 October 2013, the Building and Construction Industry Security of Payment Act Amendment Bill 2013 was introduced into Parliament.

Queensland payment legislation may have feet of clay

Mining services contractors seeking payment for work performed on a site that is occupied under a mining lease should carefully check to see whether the work for which payment is claimed can be characterised as “construction work”.

NSW Government: Sale of 99 year leaseholds - Some issues that can arise

Given the current proposals by the NSW Government to release surplus commercial property by the sale of a long-term leasehold interests (usually 99 years), it is timely to consider some of the underlying issues.

Section 138 Roads Act Approvals and Judicial Review: The Northern Eruv Incorporated v Ku-ring-gai Council [2012] NSWLEC 249

The Land and Environment Court has given recent judicial consideration to the scope of the Court’s power under section 39(2) of the Land and Environment Court Act 1979 to review approvals under the Roads Act 1993.

Construction contracts - A wider net than you think

Two recent decisions remind us that the Building and Construction Industry Security of Payment Act 1999 apply not just to construction contracts, but to arrangements for construction work more broadly.

Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012

Schedule 1 of The Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012 (Cth) (New Act) has commenced today, 1 June 2012.