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Weekly Construction Law Review
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Queensland
Nickel Pty Ltd v Commonwealth of Australia
[2015] HCA 12
High Court of Australia
French CJ; Hayne, Kiefel, Bell, Gageler,
Keane & Nettle JJ
Constitutional law - special case to
determine whether Div 48, Pt 3 Sch 1 Clean
Energy Regulations 2011 (Cth) was invalid in application to plaintiff as result
of giving preference to one State over another contrary to s99 Constitution - plaintiff
contended Jobs and Competitiveness Program contravened s99 because allocative
baselines it prescribed by were fixed by reference to industry averages and resulted
in same number of free carbon units per unit volume of production regardless of
differences between producers’ inputs, production processes and outputs - held:
validity of provisions of Regulations upheld - Div 48 did not give preference
to one State over another - no contravention of s99 Constitution.
QueenslandNickel
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Reitsma
Constructions Pty Ltd v Davies Engineering Pty Ltd t/as In City Steel [2015] NSWSC 343
Supreme Court of New South Wales
Ball J
Security of payments - plaintiff sought to
quash adjudication in favour of first defendant - whether payment claim was
invalid because it was second payment claim served in respect of relevant
reference date in contravention of s13(5) Building
and Construction Industry Security of Payment Act 1999 (NSW) - held:
adjudicator did not err in concluding second payment claim was valid - parties had
agreed to service of second payment claim in substitution of first - summons
dismissed.
Reitsma
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