Legislative and Regulatory

The Christmas period is seen by many in the construction industry as an opportunity to serve payment claims or have claims for payment of construction work adjudicated under the security of payment legislation — in the hope those claims or applications will go unanswered or the other party will be ill-prepared to defend them.

The Queensland Government recently passed the Disaster Readiness Amendment Act 2011 (Qld), which will directly affect dam operators, utilities companies, government and the community, as it implements the Queensland Floods Commission of Inquiry Interim Report recommendations.

Commercial Building Disclosure (CBD) is a national program creating mandatory energy efficiency disclosure obligations for many owners and tenants of commercial building space. The transitional period under the Building Energy Efficiency Disclosure Act 2010 (Cth) ends on 31 October.

The construction industry has been the subject of continuous scrutiny throughout Australia for a number of decades through the triple lens of industrial relations practices, tender practices and dispute procedures. The Victorian government is continuing the focus on industrial relations in the construction industry by issuing draft implementation guidelines to support the Victorian Code of Practice for the Building and Construction Industry. The government is seeking comments on the guidelines before finalising them.

On 12 September 2011, the International Chamber of Commerce (ICC) unveiled the latest version of its Rules of Arbitration which commence on 1 January 2012. Following a review that began in 2008, the new Rules were approved by the ICC World Council in Mexico City in June this year. The revised Rules aim to address the complexities of international commercial and business disputes, and include amendments borne of experience gained from using the 1998 Rules.