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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To subscribe to this Journal or purchase individual articles, please visit our “Subscribe or Purchase” page.
The consolidated table of authors and articles for this Journal, is available here.
For the individual contents pages for each Part, click here.
The last Part of the 2011 volume of the Building and Construction Law Journal includes articles on expert determination as a means of resolving general disputes arising under construction contracts and fixed time/fixed price collaborative contracts. There is also a Topic of Interest regarding suing for defects and joint or several tortfeasors. This issue also includes a book review and four Reports.
The October 2011 issue of the Building and Construction Law Journal contains articles on the advantages and disadvantages of arbitration in the Australian construction industry and a recent decision by the Singapore Court of Appeal regarding the issue of enforcing a dispute adjudication board decision. There is also an Editorial and two Reports.
The August 2011 issue of the Building and Construction Law Journal promises an interesting array of material regarding building and construction law in Australia. There are articles on flexibility and fairness in public procurement as a result of competitive dialogue and the value of dispute review boards to the construction industry. There is also a book review and three reports.
The June 2011 issue of the Building and Construction Law Journal contains two interesting articles on the use of Scott Schedules in litigation and a comparison between the Australian security of payment legislation and the US construction lien laws. There is also a Book Review and three Reports.
In a surprising, but welcome, move, the Minister for Innovation, Industry, Science and Research, Senator Kim Carr, has announced the scrapping of the prescriptive quality indicators for journals.
The grading of journals as A*, A, B or C will no longer be applied and these gradings will no longer be the indicators of research excellence.
The April 2011 issue of the Building and Construction Law Journal contains articles on rectifying defects in legal doctrine in relation to the repudiation of contracts, a review of the court rules around expert evidence and construction delays. There are also several case reports on relevant building and construction cases.
Over 2009 and 2010, the Australian Research Council undertook to rank journals in the Arts & Humanities Sector as part of the “Excellence in Research for Australia” initiative. Law journals were included in the ranking. Now the rankings that were assigned are being reviewed and new rankings will be released in 2012. Thomson Reuters has observed there may be some unintended long-term consequences of the ERA methodology and outcomes. To communicate these concerns, we have released a position statement.
Book review: International commercial arbitration and conciliation in UNCITRAL model law jurisdictions
Book review by John Dorter. International commercial arbitration and conciliation in UNCITRAL model law jurisdictions by Dr Peter Binder. Australia’s arbitration community caught in the rush to the Model Law, (inter)nationally and in at least New South Wales, will be grateful for the help afforded by this splendid text.
By Adrian Bellemore. The failure to commit to writing, fully and explicitly, the terms of an agreement may very well give rise to proceedings being taken by a party seeking to enforce what that party may allege is the agreement and in circumstances where the other party disputes such an allegation.
By Owen Hayford. This article considers the impact of proportionate liability legislation on contractual risk allocation, and why one might seek to contract out of the legislation.