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The latest issue of the Building and Construction Law Journal (Volume 30 Part 1) contains the following material:

EDITORIAL

  • “Professional” construction consultants

Articles

Time bars after Andrews v ANZ – Andrew P Downie

When a contractor does not comply with a notice requirement in a time-bar, that contractor may become disentitled to a claim that would otherwise be available but for that non-compliance. The 2012 High Court decision of Andrews v Australia and New Zealand Banking Group Ltd has been regarded by some as standing for the proposition that time-bars are unenforceable as penalties, thereby giving relief to a contractor that has not complied with a time-bar. This article considers the Andrews decision and seeks to reconcile it with earlier decisions on whether or not time-bars and conditions precedent generally are penal. The article also explores other considerations in equity that might apply when a court is faced with an argument that a time-bar is a penalty.

To purchase this article, complete the Individual Article Sale order form and email it to [email protected].

Building bridges in the classroom: A view from the academy – Matthew Bell, Dr Paula Gerber and Dr Phil Evans

Over the past two decades, the rise of specialist practice in the area of construction law has led to – and been fostered by – a proliferation in construction law teaching. This article examines this trend, offering observations about what makes for “best practice” in teaching students across construction-related disciplines – lawyers, construction professionals, undergraduates and graduates – and how the academy can assist in building bridges between those disciplines.

To purchase this article, complete the Individual Article Sale order form and email it to [email protected].

Sections

TOPIC OF INTEREST

  • Best endeavours and reasonable endeavours: Is there any material difference? – Elisabeth Moran and Cameron Ross

REPORTS

  • CH2M Hill v New South Wales

For the pdf version of the table of contents, click here: WAU – BCL Vol 30 Pt 1 Contents.

Click here to access this Part on Westlaw AU