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Construction Update - Winter 2009

10/06/2009
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  • Legislation
    Survey (Funding and Promotion of Surveying Qualifications) Amendment Act 2009 No. 12 (SA). Commenced 16 April 2009
  • Major recent cases
    Execution of deeds and recycling of signature pages A deed will not be properly executed if the signature pages of an incomplete draft are subsequently transferred and attached to an amended final version of that deed. Read more.
  • New Developments
    Occupational Health and Safety Providing safe work methods without enforcement is not enough The NSW Industrial Court has stated that risk assessments should not be a one-off process; they should be ongoing and rigorously enforced and should involve employees on site who perform the task. Read more.
  • OH&S Obligations of Designers, Manufacturers and Suppliers
    In all States and Territories, employers have duties (both statutory and at common law) to take reasonable care to avoid exposing their employees to reasonably foreseeable risks of injury. Although the duties of an employer to its employees are relatively well known, each of the States and Territories imposes additional duties on certain categories of persons.
  • Home Building Amendment (Insurance) Act 2009 (NSW)
    The Home Building Act 1989 (NSW) (HBA) has recently been amended following assent to the Home Building Amendment (Insurance) Act 2009 (NSW) (the Amending Act) on 19 May 2009.
  • THIESS PTY LTD & ANOR v ZURICH SPECIALTIES LONDON LTD & ANOR [2009] NSWCA 47
    In Thiess Pty Ltd & Anor v Zurich Specialties London Ltd & Anor [2009] NSWCA 47, handed down on 3 March 2009, the New South Wales Court of Appeal reconfirmed that an insurance policy must be interpreted to give effect to its underlying commercial purposes.
  • Government moves to overcome a limitation on Council’s land acquisition powers
    Currently, the High Court decision in R & R Fazzolari v Parramatta City Council [2009] HCA 12 (“Fazzolari decision”) has significant implications for councils and developers seeking to carry out urban renewal and community infrastructure projects by way of a public private partnership (“PPP”). Such projects often involve a mix of private and public land.
  • New Era for Toll Roads in Australia
    Australia’s toll road industry is facing new challenges, arising partly from a shortage of long term debt and equity funding following the global financial crisis, and partly from a re-evaluation of traffic and other risks in the sector.

​Who does this affect?
Construction industry participants.

​What do you need to do?
Review how the issues and developments in our publication impact your business. Consider how your business transactions will be affected. We can help.

 

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