*Please note that the links to the content in this Part will direct you to Westlaw AU.
The latest issue of the Building and Construction Law Journal (Volume 30 Part 6) contains the following material:
- Better resolution
Expert determination is widely used in Australia to determine disputes that would otherwise be referred to arbitration or to the courts for resolution. In many circumstances the process becomes an “arbitration” of sorts and is incorrectly applied without having regard to the true nature of the expert determination process. In this article the distinctions to be drawn, both as to process and the determiner, are considered.
An unacceptable wait for acceptance – Paulina Fishman
Security of payment legislation is designed to ensure, among other things, the rapid resolution of disputes in respect of payment claims under construction contracts. Such an objective requires every stage of the adjudication process to be temporally constrained. However, there is a crucial gap in the adjudication timeline of the East Coast Model. This article identifies and delineates the scope for adjudicators to stall the process by postponing acceptance of applications, and after considering a number of relevant factors, makes recommendations for legislative reform.
- PPK Willoughby v Eighty Eight Construction
- Mahony v Queensland Building Services Authority
- Valorne Pty Ltd v Building Appeals Board
- Kellett Street Partners Pty Ltd v Pacific Rim Trading Co Pty Ltd
For the pdf version of the table of contents, click here: WAU – BCL Vol 30 Pt 6 Contents.