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The latest issue of the Building and Construction Law Journal (Volume 40 Part 2) contains the following material:

EDITORIAL – General Editor: Michael Christie SC

Articles

Contracting and Delivery Strategies to Address Insolvency Risk – Lucinda O’Dwyer and Andrew McNeill

A consideration of procurement strategies, the use of the Personal Property Securities Register, and navigating the ipso facto regime to minimise and manage insolvency risk in the construction supply chain.

Representations with Respect to Future Matters under the Australian Consumer Law and the Trade Practices Act – Pleading as to Reasonable Grounds – Todd Spiller, Jonathan Hohl and Joely Balchin

Misleading or deceptive conduct is alleged with increasing regularity in construction litigation. In cases where the plaintiff–representee alleges that a misleading representation has been made with respect to future matters specifically, s 4 of the Australian Consumer Law and its predecessor, s 51A of the Trade Practices Act 1974 (Cth), put in issue the question as to whether the representation was made without reasonable grounds. Those sections also facilitate proof by deeming that the defendant–representor did not have reasonable grounds unless evidence is adduced to the contrary. Despite the popularity of the claim, however, the authorities addressing the pleading obligations of both sides in circumstances where s 4 or s 51A are relied upon are difficult to reconcile, and their practical consequences are not always apparent. This article seeks to explain the relevant statements in order to make clearer the proper approach to pleading as to reasonable grounds.

REPORTS

For the PDF version of the table of contents, click here: New Westlaw Australia – BCL Vol 40 No 2 Contents.

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