The latest Part of the Building and Construction Law Journal includes the following articles: “A Contractual Path Around Proportionate Liability?” – Grant Lubofsky; and “Transfer of Project Risk: The Impact of Testing and Commissioning and Implications of Practical Completion and Taking into Use by the Principal” – Patrick Mead. Also in this Part is an Editorial; and Reports on the following cases: Aalborg CSP A/S v Ottoway Engineering Pty Ltd; Abergeldie Contractors Pty Ltd v Fairfield City Council; and Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd.
The latest Part of the Australian Law Journal includes the following articles: “Judicial ethics and judicial misbehaviour: Two sides of the one coin?” – Ronald Sackville AO QC; “Investor claims and the reach of proportionate liability” – Alister Abadee; and “Future representations and the grounds that may be relied on to establish reasonableness” – Andrew Eastwood. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Queensland; Personalia (including entries for New South Wales, Northern Territory, South Australia, Tasmania and Victoria); Corporations and Securities; Recent Cases; and Book Reviews.
The last Part of Volume 87 of the Australian Law Journal publishes the following articles: “The courts and the parliament” – Chief Justice Robert French AC; “It tolls for thee: Accessorial liability after Bell v Westpac” – Hon T F Bathurst and Sienna Merope; “The status of law reports produced in England prior to 1865” – P W Young and A A Gomez; and “Proportionate liability in the High Court” – Leigh Warnick. Also included in this Part are the following sections: Current Issues; Conveyancing and Property; Recent Cases and Book Reviews.
The latest Part of the Building and Construction Law Journal includes an article by David Levin QC about proportionate liability in commercial arbitrations in Australia, an article by Patrick Easton about the Andrews litigation and its relation to penalties from breach of contract, and an article by Jeremy Coggins about breaches of natural justice in alternative dispute resolution of construction disputes. Also in this Part are Reports on the following cases: TX Australia Pty Ltd v Broadcast Australia Pty Ltd and Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd (No 2). Not to be missed!
The June 2012 issue of the Building and Construction Law Journal includes three interesting articles covering a range of topics related to building and construction law. The first article is by AA de Fina and looks at developments in arbitration in Australia. The second article comes from David Ulbrick and Edward Harrison and discusses the enforcement of upstream duties relating to OHS in Victoria. The final article is by Andrew Murray and discusses moral rights in the context of the construction industry and provides some practical suggestions as to how the processes envisioned by the Copyright Act 1968 may work in practice. There are also two Reports, an editorial and a book review.
The June 2011 issue of The Queensland Lawyer is full of interesting articles and sections on a range of topics relevant to the law in Queensland. These include the Murray-Darling Basin Plan, the Criminal Organisation Act 2009, contracting and proportionate liability and elder financial abuse, plus much more.
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.