Reports

Building and Construction Law Journal update: Vol 35 Pt 3

By Journal Alerts on October 14, 2019

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.

Posted in Building and Construction Law Journal (BCL), Journals, Update Summaries | Tagged "global prompt payment initiative", BCL, domestic commercial arbitration, Editorial, Ian H Bailey AM SC, Ku-ring-gai Council v Ichor Constructions Pty Ltd, Michael Christie SC, Reports, Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In Liq), Structural Monitoring Systems Ltd v Tulip Bay Pty Ltd | Leave a response

Building and Construction Law Journal update: Vol 35 Pt 2

By Journal Alerts on August 9, 2019

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.

Posted in Building and Construction Law Journal (BCL), Journals, Update Summaries | Tagged Alucobond cladding class action, BCL, book review, building insurance coverage considerations, Case Note, Chris Erfurt, Editorial, Emanuel Confos, good faith risk, Harriet Oldmeadow, Honourable Robert McDougall, Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty Ltd, International Construction Contract Law (2nd ed), Jeffrey Goldberger, Lukas Klee, Mark Waller, Michael Christie SC, Michael Elliott, prevention principle, Rami Marginean, rectification works for building safety, Reports, Robinson v 470 St Kilda Road Pty Ltd, Santos Ltd v BNP Paribas, statutory intervention, Tara Mulroy, termination of construction contracts | Leave a response

Building and Construction Law Journal update: Vol 35 Pt 1

By Journal Alerts on July 23, 2019

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.

Posted in Building and Construction Law Journal (BCL), Journals, Update Summaries | Tagged Andrew Fry, Arbitration in Singapore – A Practical Guide (2nd Ed), BCL, book review, Chong Yee Leong, Christopher Slocombe, collaborative contracting, construction law education, Delivery Partner model, Duro Felguera Australia Pty Ltd v Trans Global Projects Pty Ltd (in liq), Early Contractor Involvement model, Editorial, Edwina Higgins, Francis Forbes Society for Australian Legal History Tutorials, Francis Xavier SC, Gambaro Pty Ltd v Rohrig (Qld) Pty Ltd, Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd, history of commercial arbitration law, Lina Fischer, Lucy Reed, Managing Contractor/Target Cost model, Melbourne Law School, Michael Christie SC, Project Alliance model, Reports, The Hon TF Bathurst, the Honourable the Chief Justice Sundaresh Menon | Leave a response

The Queensland Lawyer update: Vol 38 Pt 2

By Journal Alerts on July 23, 2019

The latest Part of The Queensland Lawyer includes the following content: “Cyberbullying and Employment Law: How and Why Lawyers Advising School Principals and Teachers Should Take the Initiative Now” – Louise Floyd; “Is Time on Your Side? Applications under s 31 of the Limitation of Actions Act 1974 (Qld)” – Elizabeth Gaffney; “On International Wills in Australia: An Unused Tool in the Estate Planning Arsenal” – Francesco Maconi; and the following Sections: Editorial: “The Human Rights Act 2019” – Andrew M West; Commercial Law: “Construction of a Provision to Act in ‘Utmost Good Faith’ in a Commercial Contract: Sentinel Robina Office Pty Ltd v Clarence Property Corp Pty Ltd [2018] QCA 314” – Clive Turner; Conveyancing and Property Law: “Tripple A Pty Ltd v WIN Television Qld Pty Ltd [2018] QCA 246” – Dominic Fawcett; and Criminal Law: “Managing Prisoners’ Estates” – A M West. There is also a Report on the the following cases: Critchley v Schlumberger Oilfield Australia Pty Ltd; and Hong Minh Nguyen (t/a Mobile PC Doctor) v Sensis Pty Ltd.

Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged 2018 Queensland Government Report into Cyberbullying, acting in "utmost good faith" in a commercial contract, Andrew M West, Commercial Law, Conveyancing and Property Law, criminal law, Critchley v Schlumberger Oilfield Australia Pty Ltd, Dominic Fawcett, Dr Bill Dixon, Dr Clive Turner, Editorial, Elizabeth Gaffney, Federal Circuit Court Judge Michael Jarrett, Francesco Maconi, Hong Minh Nguyen (t/a Mobile PC Doctor) v Sensis Pty Ltd, international will sin Australia, managing prisoners' estates, parents bullying principals and teachers, Qld Lawyer, Reports, s 31 of the Limitation of Actions Act 1974 (Qld), Sentinel Robina Office Pty Ltd v Clarence Property Corp Pty Ltd [2018] QCA 314, The Human Rights Act 2019, Tripple A Pty Ltd v WIN Television Qld Pty Ltd [2018] QCA 246, UNIDROIT Convention, Uniform Law in Australia, upstream bullying, Washington Convention | Leave a response

Building and Construction Law Journal update: Vol 34 Pt 6

By Journal Alerts on April 23, 2019

The latest Part of the Building and Construction Law Journal includes the following articles: “Notices, Time Bars and Proportionality: – Sir Rupert Jackson; and “Construction Disputes as Treaty Claims: A Claim by Another Name” – Leon Firios and Kanaga Dharmananda SC. Also in this Part is an Editorial; Book Review: “Estoppel by Conduct and Election (2nd ed) by the Honourable KR Handley QC” – Reviewed by Michael Christie SC; and Reports on the following cases: Actron Investments Queensland Pty Ltd v DEQ Consulting Pty Ltd; Mann v Patterson Constructions Pty Ltd; and Ian Street Developer Pty Ltd v Arrow International Pty Ltd.

Posted in Building and Construction Law Journal (BCL), Journals, Update Summaries | Tagged Actron Investments Queensland Pty Ltd v DEQ Consulting Pty Ltd, BCL, book review, disputes in international construction projects, Editorial, Estoppel by Conduct and Election (2nd ed), Hong Kong Society of Construction Law, Ian Street Developer Pty Ltd v Arrow International Pty Ltd, Kanaga Dharmananda SC, KR Handley QC, Leon Firios, Mann v Paterson Constructions Pty Ltd, Michael Christie SC, Reports, Sir Rupert Jackson, treaty claims in construction disputes | Leave a response

Building and Construction Law Journal update: Vol 34 Pt 5

By Journal Alerts on February 19, 2019

The latest Part of the Building and Construction Law Journal includes the following articles: “Back to the Past – Future Challenges for Better, Safer, Building Design and Construction” – Jeanette Barbaro and Dr Giorgio Marfella; and “Insuring Risk in Construction Projects” – Laina Chan. Also in this Part is an Editorial; and Reports on the following cases: JKC Australia LNG Pty Ltd v Inpex Operations Australia Pty Ltd; Ku-ring-gai Council v Chan; and Cockram Construction Ltd v Fulton Hogan Construction Pty Ltd.

Posted in Building and Construction Law Journal (BCL), Journals, Update Summaries | Tagged “system-based” approach to building regulation, BCL, Cockram Construction Ltd v Fulton Hogan Construction Pty Ltd, Contractors All Risks Insurance, Dr Giorgio Marfella, Editorial, insuring risk in construction projects, Jeanette Barbaro, JKC Australia LNG Pty Ltd v Inpex Operations Australia Pty Ltd, Ku-ring-gai Council v Chan, Laina Chan, Michael Christie SC, Professional Indemnity Insurance, Reports, The Singapore Society of Construction Law Annual Conference 2018 | Leave a response

Building and Construction Law Journal update: Vol 34 Pt 4

By Journal Alerts on December 20, 2018

The latest Part of the Building and Construction Law Journal includes the following articles: “Is Conventional Insurance for Construction Projects Fit for Purpose?” – Dr Donald E Charrett; and “‘All Promise Outruns the Performance’: The Enforceability of Extended Promises in Construction Contracts” – Dominic Fawcett and Hugh Hadgraft. Also in this Part is an Editorial; and Reports on the following cases: Samsung C&T Corp v Duro Felguera Australia Pty Ltd; Duro Felguera Australia Pty Ltd v Samsung C&T Corp; and Southern Cross Electrical Engineering Ltd v Steve Magill Earthmoving Pty Ltd.

Posted in Building and Construction Law Journal (BCL), Journals, Update Summaries | Tagged BCL, conventional insurance for construction projects, Dominic Fawcett, Dr Donald E Charrett, Duro Felguera Australia Pty Ltd v Samsung C&T Corp, Editorial, extended promises in construction contracts, Hugh Hadgraft, Michael Christie SC, Reports, Samsung C&T Corp v Duro Felguera Australia Pty Ltd, Society of Construction Law Australia Annual Conference 2018, Southern Cross Electrical Engineering Ltd v Steve Magill Earthmoving Pty Ltd | Leave a response

The Queensland Lawyer update: Vol 38 Pt 1

By Journal Alerts on November 26, 2018

The latest Part of The Queensland Lawyer includes the following content: “Priority Notices In, Settlement Notices Out” – William Dixon; “Of Mantraps and Spring Guns: Section 327 of the Criminal Code (Qld) in the 21st Century” – Xavier Goffinet, Harriet Lomas, James Meehan, Alexander Moore and Andreas Schloenhardt; and the following Sections: Criminal Law: “Re-Opening A Guilty Plea” – A M West; Industrial Law: “Breach of Duty of Care: Failure to Establish a Safe System of Work” – Dr Kristy Richardson; and Book Reviews. There is also a Report on the the following case: Johnston v Safaris CC.

Posted in Journals, Queensland Lawyer, The (Qld Lawyer), Update Summaries | Tagged Advocacy and Judging: Selected Papers of Murray Gleeson, Alexander Moore, Andreas Schloenhardt, Andrew West, Arie Freiberg, Book reviews, Brydie Bilic, criminal law, Daniel Reynolds, Dr Kristy Richardson, Editorial, Federal Circuit Court Judge Michael Jarrett, Gabriella Smith, Georgina Morgan, Harriet Lomas, Hugh Dillon, Industrial Law, James Meehan, Janina Boughey, Jessie Pomare, Johnston v Safaris CC, Judge Michael Shanahan DCJ, Leading Cases in Contract Law, Lisa Burton Crawford, Lyndon Goddard, mantraps and spring guns, Maria O’Sullivan, Melissa Castan, Pt 7A of the Land Title Act 1994 (Qld), Public Law and Statutory Interpretation, Qld Lawyer, Queensland Titles Registry, Regulation in Australia, Reports, Section 327 of the Criminal Code (Qld), settlement notices out, William Dixon, Xavier Goffinet | Leave a response

Building and Construction Law Journal update: Vol 34 Pt 3

By Journal Alerts on October 8, 2018

The latest Part of the Building and Construction Law Journal includes the following articles: “The Measure of Damages for Breach of a Construction Contract Where There Is No Economic Loss: An Examination and Evaluation of the Law in England and Australia” – Jonathan Korman; and “We Need to Talk about the Engineer: A New Zealand Perspective” – Nick Gillies. Also in this Part is an Editorial; and Reports on the following cases: Dedert Corp v United Dalby Bio-Refinery Pty Ltd; CPB Contractors Pty Ltd v JKC Australia LNG Pty Ltd (No 3); and Kawasaki Heavy Industries Ltd v Laing O’Rourke Australia Construction Pty Ltd.

Posted in Building and Construction Law Journal (BCL), Journals, Update Summaries | Tagged award of rectification damages regarded as unreasonable, BCL, CPB Contractors Pty Ltd v JKC Australia LNG Pty Ltd (No 3), Dedert Corp v United Dalby Bio-Refinery Pty Ltd, Editorial, Engineer's construction obligations under New Zealand law, Jonathan Korman, Kawasaki Heavy Industries Ltd v Laing O’Rourke Australia Construction Pty Ltd, Michael Christie SC, Nick Gillies, Reports, review of security of payments laws by John Murray AM | Leave a response

Building and Construction Law Journal update: Vol 34 Pt 2

By Journal Alerts on August 21, 2018

The latest Part of the Building and Construction Law Journal includes the following articles: “Advocate, Judge and Arbitrator: Perspectives on Commercial Law” – The Honourable Murray Gleeson AC; and “‘Venial Faults’ and ‘Oppressive Retribution’: The Relationship Between Substantial Performance and Damages for Breach of Construction Contracts” – Nuwan Dias and James Claridge. Also in this Part is an Editorial; and Reports on the following cases: Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd; Maxcon Constructions Pty Ltd v Vadasz; and All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd.

Posted in Building and Construction Law Journal (BCL), Journals, Update Summaries | Tagged All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd, BCL, breach of construction contracts, Editorial, Inaugural Bathurst Lecture, James Claridge, Matthew Bell, Maxcon Constructions Pty Ltd v Vadasz, Michael Christie SC, New South Wales Bar Association Inaugural Bathurst Lecture 2018, Nuwan Dias, perspectives on commercial law, Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd, Reports, Society of Construction Law Hudson Prize 2017, substantial performance and damages for breach of contract, The Honourable Murray Gleeson AC, The Honourable Murray Gleeson AC QC | Leave a response

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