Richard Manly SC
The last Part for 2013 of the Australian Business Law Review includes four interesting articles. The first article is by Richard Manly SC and discusses the High Court’s reconsideration of the penalty doctrine. The second article comes from Rosemary Teele Langford who looks at the distinction between the duty of care and the duties to act bona fide in the interests of the company and for proper purposes. The third article, by The Hon J D Heydon, sets out the background to litigation in the Federal Court of Australia in which penalties are sought for contravention of the Competition and Consumer Act 2010 (Cth). The final article is by Rasiah Gengatharen and examines the acquisition of pre-encumbered personal property in the ordinary course of the seller’s business.
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!
The August 2012 issue of the Building and Construction Law Journal includes an article by JE Lunn which proposes various methods by which traditional dispute resolution procedures may be modified to improve efficiency; an article by Richard Manly SC considering the benefits that a liquidated damages clause can provide to contracting parties from practical, commercial and economics perspectives; and an article by Thomas Denehy and Paula Gerber which provides a comparative study of dispute avoidance procedures in use around the world to determine what constitutes world’s best practice when it comes to the prevention and management of construction disputes. There is also a Book Review and a Report.
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.