*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
To purchase an article, please email: LTA.Service@thomsonreuters.com or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).<\/p>\n
The latest issue of the Building and Construction Law Journal<\/em> (Volume 39 Part 6) contains the following material:<\/p>\n EDITORIAL \u2013 Editor: Michael Christie SC<\/em><\/p>\n Construction Law Disputes and Forum Preference \u2013 Trends from the Available Data2012\u20132022 <\/strong><\/em><\/a>\u2013 Professor John Sharkey AM and Samuel J Woff<\/p>\n 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 \u201call-issues\u201d hearings of the past. And whatis being asked of construction lawyers is what part they wish to play in that change.<\/p>\n Recourse to Security Post Termination <\/strong><\/em><\/a>\u2013 David J McAndrew KC<\/p>\n 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\u2019s obligation to maintain security and associatedcontractual provisions governing the principal\u2019s entitlement to have recourse survive thetermination.<\/p>\n The Relationship between Security of Payment Laws and Insolvency <\/strong><\/em><\/a>\u2013 MichaelChristie SC and David Hume<\/p>\n 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.<\/p>\n REPORTS<\/p>\n For the PDF version of the table of contents, click here: New Westlaw Australia – BCL Vol 39 No 6 Contents<\/a>.<\/p>\n Click here to access this Part on New Westlaw AU<\/a><\/p>\n\n
Articles<\/h3>\n
\n