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: Topic of Interest: “Standard forms of contract in the Australian construction industry: How are they being used?” – John Sharkey AM, Matthew Bell and Wayne Jocic; Article: “Kratos unbound? The new IAMA Arbitration Rules” – Reece Allen and Roger Quick; and Reports for the following cases: Romaldi Constructions Pty Ltd v Adelaide Interior Linings Pty Ltd (No 2); Metier 3 Pty Ltd v Enwerd Pty Ltd; Beyfield Pty Ltd v Northbuild Construction Sunshine Coast Pty Ltd; and Alliance Contracting Pty Ltd v James.
The Building & Construction Law Journal started publishing in July 1985, and has now reached its 30th volume. The first issue opened with an Editorial which noted: Building and construction law is a rapidly evolving and very complex field. It was felt timely to produce a publication which would provide an overview of the entire area, keeping informed ...more
The final Part of Volume 1 of the Journal of Civil Litigation and Practice publishes the following material: “Civil procedure and commercial arbitration reforms in Victoria” – Hon Robert Clark, Attorney-General of Victoria; “Appellate judgments – the need for clarity” – Justice James Allsop; “Some ethical issues: A view from the bench” – Hon Justice John Griffıths; “Remedies in commercial litigation” – Justice Robert McDougall; “How to conduct a hearing” – Hon Peter Heerey AM QC; and “In locals we trust – foreigners pay cash: Rethinking security for costs against foreign residents” – Michael John Raine.
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.