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The latest issue of the Building and Construction Law Journal (Volume 39 Part 6) contains the following material:

EDITORIAL – Editor: Michael Christie SC

Articles

Construction Law Disputes and Forum Preference – Trends from the Available Data2012–2022 – Professor John Sharkey AM and Samuel J Woff

Historically, construction law disputants had a binary choice. Disputes were resolved incourt or arbitral proceedings. More recently, the disputants have developed and embracedalternatives. While the data available to measure the effect of such changes may not havebeen thought extensive, a comparative analysis suggests that clients, rather than constructionlawyers, have driven a move away from any notion that jurisprudential accuracy must bepursued irrespective of considerations of time and cost. In this article the authors examinethe available data over the last decade and suggest that it points to a client driven search formethods other than the traditional options. The authors posit that, particularly in a time ofsuch dramatic technological transformation, the directional change rendered by the clientswill continue to render less commonplace the “all-issues” hearings of the past. And whatis being asked of construction lawyers is what part they wish to play in that change.

Recourse to Security Post Termination – David J McAndrew KC

This article considers applications by contractors for an interlocutory injunction torestrain recourse to security post termination in circumstances where the contract doesnot expressly stipulate that the contractor’s obligation to maintain security and associatedcontractual provisions governing the principal’s entitlement to have recourse survive thetermination.

The Relationship between Security of Payment Laws and Insolvency – MichaelChristie SC and David Hume

Security of payment legislation is unique in that it was introduced specifically to reducethe risk of insolvency in the construction industry. That purpose has informed the mannerin which the legislation has been interpreted and applied by the Courts. Complex issueshave arisen concerning the relationship between laws governing insolvency and securityof payment legislation. Some issues remain unresolved. Others are ripe for further judicialdevelopment.

REPORTS

For the PDF version of the table of contents, click here: New Westlaw Australia – BCL Vol 39 No 6 Contents.

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