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 [2016] HCA 47; and Laing O’Rourke Australia Construction Pty Ltd v Samsung C&T Corporation [2016] WASCA 130.
Posted in Building and Construction Law Journal (BCL), Journals, Update Summaries | Tagged 2nd International Construction Law Conference, Alexander Di Stefano, AS11000: General Conditions of Contract, AS2124:1992, AS4000:1997, BCL, David Hume, Editorial, express obligation to act in good faith, good faith, Julian Bailey, Laing O'Rourke Australia Construction Pty Ltd v Samsung C&T Corporation [2016] WASCA 130, limitation clauses, Lucas Shipway, Michael Christie SC, Reports, Simic v New South Wales Land & Housing Corporation [2016] HCA 47, Society of Construction Law for Africa, Standards Australia |
The latest Part of the Building and Construction Law Journal includes the following article: “Termination for convenience: Good faith and other possible restrictions” – Albert Monichino QC and Reports for the following cases: Caltex Refineries (Qld) Pty Ltd v Allstate Access (Australia) Pty Ltd; Johnston v Brightstars Holding Company Pty Ltd; and Queensland Building Services Authority v JM Kelly (Project Builders) Pty Ltd. Also in this Part is an editorial and a book review.
Posted in Building and Construction Law Journal (BCL), Update Summaries | Tagged Albert Monichino QC, BCL, Caltex Refineries (Qld) Pty Ltd v Allstate Access (Australia) Pty Ltd, construction contracts, good faith, Jeffrey Wilson, Johnston v Brightstars Holding Company Pty Ltd, Michael Christie, Queensland Building Services Authority v JM Kelly (Project Builders) Pty Ltd, Reports, security of payment, termination for convenience |
The last Part of Volume 3 of the Journal of Civil Litigation and Practice includes the following articles: “Re-assessment of QCAT’S hybrid hearing and arb-med-arb under s 27D of the Commercial Arbitration Act” – Bobette Wolski; and “Awarding security for costs: Is an indemnity in a defendant’s favour relevant?” – Petria Comino. Also in this Part are case notes for the following case: Brookfield Multiplex v Owners – Strata Plan No 61288 (2014) 88 ALJR 911; Murray v Wishart [2014] NZCA 461; and Pioneer Energy Holdings v Seth [2014] NSWSC 492.
Posted in Journal of Civil Litigation and Practice (JCivLP), Update Summaries | Tagged “arb-med-arb”, “hybrid hearing”, Bobette Wolski, Brookfield Multiplex v Owners – Strata Plan No 61288 (2014) 88 ALJR 911, case notes, Comments, good faith, JCivLP, Murray v Wishart [2014] NZCA 461, Navigation Act, Petria Comino, Pioneer Energy Holdings v Seth [2014] NSWSC 492, QCAT, s 27D of the Commercial Arbitration Act, security for costs orders |
The latest Part of Workplace Review includes the following material: “Nine things you need to know about the Royal Commission into Trade Union Governance and Corruption” – Sara Hopkins and Longzhen Han; “Retirement of Commissioner Deegan from FWC” – James Macken; “Commonwealth Bank of Australia v Barker: High Court rules out the implication of the term of mutual good faith and confidence” – Daniel O’Sullivan; “When it is no longer a happy union, should trade union divorces be “just, quick and cheap”? What would Tolstoy and Lionel Murphy say?” – Jeffrey Phillips SC; Focus on Queensland: “Chivers v Queensland – genuine occupational requirement” – Geraldine Dann; Focus on Victoria: “Parsing the mind of the decision-maker – is Barclay the final word?” – Steven Moore; Interview: “Justice Glenn Martin: “Brisbane’s finest” brings a dose of humour to the industrial court” – by Steven Andrew; Common Law and General Protections: “The death knell of the duty of trust and confidence but hope for good faith remains?” – Victoria Lambropoulos; The Last Word and Diary.
Posted in Update Summaries, Workplace Review (WR) | Tagged Chivers v Queensland, Commissioner Barbara Deegan, Common Law and General Protextions, Commonwealth Bank of Australia v Barker, Daniel O’Sullivan, Diary, duty of trust, Fair Work Commission, Focus on Vic, Focus On: Qld, Geraldine Dann, good faith, James Macken, Jeffrey Phillips SC, Justice Glenn Martin, Longzhen Han, Royal Commission into Trade Union Governance and Corruption, Sara Hopkins, Steven Moore, The Last Word, union amalgamations, Victoria Lambropoulos, WR |
The latest part of C&SLJ includes the following articles: “Tracing under the PPSA” – Matthew Broderick; “Statutory directors’ duties, the civil penalty regime and shareholder ratification: What role does the public interest play?” – Isuru Devendra; and “Continuous disclosure and good faith” – Sulette Lombard and Jessica Viven. There is also a Corporate Governance and Corporate Social Responsibility section note providing an analysis of companies’ business objectives by Reegan Grayson Morison and Ian Ramsay.
Posted in Company and Securities Law Journal (C&SLJ), Update Summaries | Tagged ASIC, business objectives, C&SLJ, civil penalty regime, continuous disclosure, Corporate Governance and Corporate Social Responsibility, Geof Stapledon, good faith, Ian Ramsay, Isuru Devendra, Jessica Viven, Jon Webster, Matthew Broderick, PPSA, public interest, Reegan Grayson Morison, shareholder ratification, statutory directors' duties, Sulette Lombard, tracing |
The latest Part of the Journal of Civil Litigation and Practice includes three interesting articles on different topics. The first article is by The Honourable Justice PA Bergin and looks at the objectives, scope and focus of mediation legislation in Australia. The second article comes from Tania Sourdin and Naomi Burstyner, who explore the impact of pre-action requirements on civil litigation. The final article, by Marilyn Krawitz, argues that uniform, standalone national guidelines about lawyers’ social media use are necessary. There is also a Comments section and a case note about Aquila Coal Pty Ltd v Bowen Central Coal Pty Ltd [2013] QSC 82.
Posted in Journal of Civil Litigation and Practice (JCivLP), Update Summaries | Tagged Aquila Coal Pty Ltd v Bowen Central Coal Pty Ltd, civil litigation, Financial Ombudsman Service, good faith, JCivLP, lawyers, Marilyn Krawitz, mediation, Naomi Burstyner, pre-action requirements, social media, Tania Sourdin, The Honourable Justice PA Bergin |
The latest Part of the Building and Construction Law Journal includes two interesting articles. The first article is by Jennifer McVeigh and Kimie Tsukakoshi who look at the potential complications involved in the inclusion of termination for convenience clauses in construction contracts. The second article is by Richard Manly SC and looks at the use of formulae to calculate liquidated damages or stipulated sums in contracts. There is also a Report on Austman Pty Ltd v Mount Gibson Mining Ltd and a review of The Leaky Buildings Crisis: Understanding the Issues by Steve Alexander. Not to be missed!
Posted in Building and Construction Law Journal (BCL), Update Summaries | Tagged Austman Pty Ltd v Mount Gibson Mining Ltd, BCL, book review, good faith, Jennifer McVeigh, Kimie Tsukakoshi, liquidated damages, Reports, Richard Manly SC, stipulated sums, termination for convenience, Thomas Gibbons |
The latest Part of the Building and Construction Law Journal publishes two articles of interest. The first comes from Tómas Kennedy-Grant QC and discusses the concepts of good faith, unconscionability and reasonableness and how they apply to the various stages of the construction process. The second article is by Adrian Bellemore and looks at the implications of party and party costs as opposed to solicitor and client costs. There is also a large Report on Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd (No 3).
Posted in Building and Construction Law Journal (BCL), Update Summaries | Tagged Adrian Bellemore, BCL, client costs, construction law, Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd (No 3), good faith, party costs, reasonableness, solicitor costs, Tómas Kennedy-Grant QC, unconscionability |
The latest Part of the Building and Construction Law Journal publishes an article by David Levin QC and Luke Stanistreet which asks whether a payment claim be made in good faith and an article by James Ioannou discussing the issues of negligence and the obligation to warn in the construction industry. There are also Reports on the following cases: ALH Group Property Holdings Pty Ltd v Chief Commissioner of State Revenue, Management 3 Group Pty Ltd (in liq) v Lenny’s Commercial Kitchens Pty Ltd, Hi-Tech Telecom v RSL Com Australia and VDM Construction Pty Ltd v MCC Mining (Western Australia) Pty Ltd.
Posted in Building and Construction Law Journal (BCL), Update Summaries | Tagged ALH Group Property Holdings Pty Ltd v Chief Commissioner of State Revenue, BCL, construction industry, David Levin QC, good faith, Hi-Tech Telecom v RSL Com Australia, James Ioannou, Luke Stanistreet, Management 3 Group Pty Ltd (in liq) v Lenny’s Commercial Kitchens Pty Ltd, negligence, obligation to warn, payment claim, Reports, VDM Construction Pty Ltd v MCC Mining (Western Australia) Pty Ltd |
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Journal of Civil Litigation and Practice update: December 2014
The last Part of Volume 3 of the Journal of Civil Litigation and Practice includes the following articles: “Re-assessment of QCAT’S hybrid hearing and arb-med-arb under s 27D of the Commercial Arbitration Act” – Bobette Wolski; and “Awarding security for costs: Is an indemnity in a defendant’s favour relevant?” – Petria Comino. Also in this Part are case notes for the following case: Brookfield Multiplex v Owners – Strata Plan No 61288 (2014) 88 ALJR 911; Murray v Wishart [2014] NZCA 461; and Pioneer Energy Holdings v Seth [2014] NSWSC 492.