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 – Michael Christie SC
Victoria and Tasmania – Professor JJA Sharkey AM
South Australia – His Honour Judge Patrick O’Sullivan
Western Australia – Ian Nosworthy
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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.
Much more is at stake in enabling the effective operation of security of payment laws in the building and construction industry than just preventing contractors becoming insolvent. Employees, taxation authorities, suppliers and lenders – all rely on receiving their due payments from contractors, so the flow-on effect of building industry insolvencies is far reaching. “More ...more
The latest Part of the Building and Construction Law Journal includes this article: “Mann v Paterson Constructions Pty Ltd – New Law for Quantum Meruit Claims in Building Contracts” – Laina Chan and JW Carter. Also in this Part is an Editorial and Reports on the following cases: Mann v Paterson Constructions Pty Ltd; Visual Building Construction Pty Ltd v Armitstead (No 2).
The latest Part of the Building and Construction Law Journal includes this article: “Timing is Everything: Security of Payment, Set-off and (In)solvency” – Professor Helen Anderson and Dr Matthew Bell. Also in this Part is an Editorial; Book Review: “Delay and Disruption in Construction Contracts, by Andrew Burr” – Reviewed by Michael Christie SC; and Reports on the following cases: James Engineering Pty Ltd v ABB Australia Pty Ltd; Style Timber Floor Pty Ltd v Krivosudsky; Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd.
The latest Part of the Building and Construction Law Journal includes this article: “Closing the Gap: Decennial Liability Insurance – The Solution to the Strata Living Crisis in New South Wales” – Jessica Rippon. Also in this Part is an Editorial; Book Review: “The Application of Contracts in Engineering and Construction Projects, by Dr Donald Charrett” – Reviewed by Professor John Sharkey AM; and Reports on the following cases: Bundanoon Sandstone Pty Ltd v Cenric Group Pty Ltd; Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd; and CPB Contractors Pty Ltd v Celsus Pty Ltd (No 2).
Increasingly, the system of private certification of buildings is being slated, by those with expertise and knowledge in the area, as one of the main factors accounting for the crisis in the residential building industry in NSW. Construction lawyer, Jessica Rippon, is forthright in identifying private certification as a contributing factor, in her article “Closing ...more
The latest Part of the Building and Construction Law Journal includes this article: “Conditions of Contract for Underground Works – The Emerald Book Sees the Light of Day” – Hon Peter Vickery QC. Also in this Part is an Editorial; Book Review: “Construction Law, Costs and Contemporary Developments: Drawing the Threads Together – A Festschrift for Lord Justice Jackson, Julian Bailey (ed)” – Reviewed by Michael Christie SC; and Reports on the following cases: Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd; YTO Construction Pty Ltd v Innovative Civil Pty Ltd; and Iskra v MMIR Pty Ltd.
The latest Part of the Building and Construction Law Journal includes this article: “Arbitration, Improving the Process” – Ian H Bailey AM SC. Also in this Part is an Editorial; and Reports on the following cases: Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In Liq); Structural Monitoring Systems Ltd v Tulip Bay Pty Ltd; and Ku-ring-gai Council v Ichor Constructions Pty Ltd.
The latest Part of the Building and Construction Law Journal includes the following articles: “Cladding – Who Will Pay?” – Mark Waller, Chris Erfurt and Tara Mulroy; and “Is the Prevention Principle Still Relevant? A Case for Statutory Intervention” – Michael Elliott.
Also in this Part is an Editorial; Book Review: “International Construction Contract Law (2nd ed)” by Lukas Klee – Reviewed by Rami Marginean; Case Note: “Termination of Construction Contracts: The Good Faith Risk” – Jeffrey Goldberger, Emanuel Confos and Harriet Oldmeadow; and Reports on the following cases: Santos Ltd v BNP Paribas; Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty Ltd; and Robinson v 470 St Kilda Road Pty Ltd.
For over a thousand years – at least – mediation and arbitration have been practised in the English-speaking world. In fact, arbitration as a dispute settling mechanism is probably as old as human society itself, suggests Tom Bathurst in his survey of the history of arbitration published in the Building and Construction Law Journal (BCL). ...more
The latest Part of the Building and Construction Law Journal includes the following articles: “The History of the Law of Commercial Arbitration” – The Hon TF Bathurst; and “Collaborative Contracting Comeback” – Lina Fischer, Christopher Slocombe, Andrew Fry and Edwina Higgins. Also in this Part is an Editorial; Book Review: “Arbitration in Singapore – A Practical Guide (2nd Ed), by the Honourable the Chief Justice Sundaresh Menon (Editor-in-Chief), Francis Xavier SC, Chong Yee Leong and Lucy Reed (General Editors)” – Reviewed by Michael Christie SC; and Reports on the following cases: Duro Felguera Australia Pty Ltd v Trans Global Projects Pty Ltd (In Liq); Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd; and Gambaro Pty Ltd v Rohrig (Qld) Pty Ltd.