Building and Construction Law Journal (BCL)
Bridging the theory and practice of building and construction law
About the Journal
The Building and Construction Law Journal (ISSN: 0815-6050) provides an arena for the debate of relevant changes in building and construction law at both a national and international level. This journal provides an update on legislative change, as well as debate and analysis on building and construction claims, disputes, contracts and court decisions.
Every issue of the journal covers core subject-areas plus specially headnoted multi-jurisdictional building and construction law reports.
Michael Christie SC was admitted to the Bar in 1991. He is a graduate of Sydney and Oxford Universities and was formerly a part-time Lecturer at Sydney University Law School. He worked professionally with the former General Editor, the late John Dorter, over many years. More recently, he assisted Mr Dorter in relation to the journal and has been acting editor.
New South Wales and Queensland – Christopher Larcos
Victoria and Tasmania – John Sharkey AM
South Australia – Patrick O’Sullivan QC
Western Australia – Ian Nosworthy
Hong Kong – Alice To
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The consolidated table of authors and articles for this Journal, is available here.
For the individual contents pages for each Part, click here.
The latest Part of the Building and Construction Law Journal includes the following articles: “Fit for Purpose or Due Skill and Care?” – Dr Donald E Charrett; and “The Test for Complexity under the West Coast Model of Adjudication” – Gordon Smith. Also in this Part is an Editorial: “The Role of Lawyers in Improving Productivity in the Construction Industry” by Michael Christie SC; and the following case Reports: Lipman Pty Ltd v Empire Facades Pty Ltd; and Wesiak v D&R Constructions (Aust) Pty Ltd.
The latest Part of the Building and Construction Law Journal includes the following article: “Horses for Courses: Assignment of Building Warranties to Subsequent Owners” – Jeremy Parsons. Also in this Part is an Editorial: “Standard Form Construction Contracts and Adhesion Contracts” by Michael Christie SC; and the following case Reports: Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd; and Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2).
The latest Part of the Building and Construction Law Journal includes the following articles: “Alliancing in Australia: Commercial Advantage at the Expense of Legal Certainty?” – Andrew Stephenson and Brendan Molck; “Global Claim – Global Confusion?” – Andrew D Archer. Also in this Part is an Editorial; and a Report on the following case: Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd.
Good faith that is. In construction contracts. In examining the inclusion of an express term requiring parties to act in “good faith” in Standards Australia’s draft AS11000: General Conditions of Contract, in the current issue of the Building and Construction Law Journal (Vol 33 No 1), Alexander Di Stefano suggests good faith clauses in construction ...more
The latest Part of the Building and Construction Law Journal includes the following articles: “The Limits of Limitation Clauses” – Julian Bailey; “Good Faith in the AS11000: Has the Eagle Landed?” – Alexander Di Stefano. Also in this Part is an Editorial; and the following case Reports: Simic v New South Wales Land & Housing Corporation  HCA 47; and Laing O’Rourke Australia Construction Pty Ltd v Samsung C&T Corporation  WASCA 130.
The latest Part of the Building and Construction Law Journal includes the following article: “Expert Determination – The Peter Pan of ADR? Challenges to the Expert Determination Process and Practical Insights for Its Use” – Leigh Duthie. Also in this Part is an Editorial; and the following case Reports: RCR O’Donnell Griffin Pty Ltd v Forge Group Power Pty Ltd (Receivers and Managers Appointed) (in liq) & Ors  QCA 214; and The Owners – Strata Plan No 77475 v Walker Group Constructions Pty Ltd & Anor  NSWSC 1127.
In the context of a range of available models competing with each other as alternatives to litigation for resolving commercial disputes in the construction industry – driven in part by court-led demand for expedition in litigation – Leigh Duthie in the Building and Construction Law Journal (Vol 32 No 6) considers the future of expert ...more
Contract formation, implied terms, contractual interpretation, damages, duties of care – these are all areas of the common law whose development has been influenced by construction law cases. In some of these cases the eminent British jurist, Lord Dyson, former Master of the Rolls, had a front row seat. In his 2015 Keating Lecture he ...more
The latest Part of the Building and Construction Law Journal includes the following article: “Defective Buildings and Pure Economic Loss Claims: The Return to an Exclusionary Rule?” – Adrian Baron. Also in this Part is an Editorial: “Court-Appointed Referees”; and the following Case Reports: Amasya Enterprises Pty Ltd v Asta Developments (Aust) Pty Ltd; and Grocon Constructors (Qld) Pty Ltd v Juniper Developer No 2 Pty Ltd.