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The Western Australian Supreme Court has considered the effect of using 'nil' and 'N/A' in Annexure Part A to the Australian Standard General Conditions of Contract AS2124. Partner Michael Hollingdale and Law Graduate Robert French report

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Partner Stephen McComish and Law Graduate Robert French look at two recent decisions handed down by the Western Australian Supreme Court that shed some light on the issue of interlocutory injunctions in a construction context.

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The Western Australian Court of Appeal recently held that an arbitration clause in a contract did not cover a related dispute between the contracting parties where the dispute also involved the liability of a third party. This arguably goes against the general trend of a broader interpretation of arbitration clauses. Senior Associate Brian Millar and Law Graduate Clara Wren look at the decision and its implications

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The High Court of Australia has rejected a claim in restitution where there was a direct chain of contractual relationships between the parties involved. This decision has emphasised the courts' reluctance to interfere where parties have entered into arm's length commercial transactions. Partner Nick Rudge, Solicitor Yvonne Cross and Articled Clerk John-Paul Santamaria review the judgement

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A recent Supreme Court of Queensland decision has demonstrated how a carefully worded extension of time clause can give the Superintendent an absolute discretion in the exercise of their reserve power to grant an extension of time. Partner Nick Rudge and Articled Clerk Lucinda Hill look at what the decision means

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When will a sub-contractor in a building project owe the proprietor or subsequent owners a duty of care? Is the liability of other concurrent wrongdoers under Victoria's proportionate liability regime affected if another concurrent wrongdoer reaches a settlement with the plaintiff? Partner Nick Rudge and Senior Associate Anna Thwaites report on a recent judgment in the Victorian Supreme Court

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A recent Federal Court pre-trial decision in a high-profile discrimination claim by a former partner of a large accounting firm has potentially significant ramifications for all lawyers, and particularly in-house lawyers. Partner Leighton O'Brien, Partner-elect Richard Harris and Senior Associate Lucas Shipway report

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In April 2008, the Victorian Government released the Updated Standard Commercial Principles as part of its Partnerships Victoria guidance material. Partner Emma Warren, Senior Associate Claire Scanlon and Articled Clerk John-Paul Santamaria look at what will change with the updated principles

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The recent Victorian Court of Appeal decision in Environmental Systems Pty Ltd v Peerless Holdings Pty Ltd examined the distinction between 'normal' and 'consequential' loss for a breach of contract and held that lost profit was a consequential loss. Partner Nick Rudge and Articled Clerk John-Paul Santamaria report

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Partner Nick Rudge, Lawyer Nicholas Gallina and Law Clerk Merav Bloch review the decision of the Victorian Supreme Court of Appeal in Sopov v Kane Constructions Pty Ltd. This important decision examines how a court will assess repudiatory conduct leading to the termination of a contract, a principal's right of set off, and whether a 'show cause' notice that wrongly alleges a breach may still be valid

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A recent NSW Court of Appeal decision will have a considerable impact on the drafting of indemnity and exclusion clauses in Australian contracts. Partner Leighton O'Brien and Senior Associate Morgan Clewley review the case

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We recently reported on three decisions providing significant guidance on how the courts are likely to interpret the proportionate liability regimes in Australia. In a further decision, the Federal Court has confirmed that, although the proportionate liability regimes have effected significant change in the law in cases to which they apply, the regimes could not have been intended to create a cause of action where one did not previously exist

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Partner Nick Rudge and Lawyer Anne-Marie Wholley consider three recent decisions that provide significant guidance on how the courts are likely to interpret the proportionate liability regimes in Australia

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Partner Nick Rudge and Lawyer Nicholas Gallina review the Queensland Supreme Court's decision in Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd in relation to issues arising from an expert determination process

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Senior Associate Brian Millar and Lawyer Jeremy Sher explain the new Singapore International Arbitration Centre Rules, which came into effect on 1 July 2007

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The Victorian Government has released two publications that further clarify its approach to public private partnerships. The Government is continuing to develop policy in this area with a focus on providing transparency and value for money. Partner Emma Warren and Articled Clerk Kate Austin summarise the main issues in the publications

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The NSW Court of Appeal recently affirmed that adjudicators' determinations under the NSW Building and Construction Industry Security of Payment Act 1999 (NSW) are interim in nature. Accordingly, a separate, later and different determination by a Superintendent as a part of a final certificate process is valid and does not offend section 34. Partner Leighton O'Brien and Senior Associate Christopher Larcos consider the implications of this decision

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The High Court recently reaffirmed that where an architect prepares drawings for a particular development, the architect impliedly licences the use of those drawings for the development. That licence then extends to subsequent purchasers of the land and may sometimes be irrevocable. Senior Associate Nick Rudge (who will become a Partner on 1 July) and Senior Associate Christopher Larcos consider the implications of this decision

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Several important changes to Victoria's security of payment legislation are now operational. As Partner Emma Warren and Senior Associate Anna Thwaites discuss, the amendments have wide scope and bring the State into line with New South Wales and Queensland

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In response to recommendations made by the Auditor-General and recent public concerns about the efficacy of certain contracts entered into by the NSW Government, the Freedom of Information Amendment (Open Government - Disclosure of Contracts) Act 2006 (NSW) came into force on 1 January 2007. The purpose of the Act is to promote greater transparency in all contractual dealings between NSW government agencies and the private sector. Partner Leighton O'Brien and Lawyer Joel Sturgeon report

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Greater complexity in construction and infrastructure projects means risk averse contractors and consultants typically look for contractual protection from liability for consequential loss suffered by the other party or third parties. Despite the frequency that the term 'consequential loss' is used, it is not clear to many what it means and what types of loss it comprises

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Editors Nick Rudge and George Varma provide a brief summary of new legislation, recent cases and articles of interest in the construction area

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Editors Nick Rudge and George Varma provide a brief summary of new legislation, recent cases and articles of interest in the construction area

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A recent decision of the UK High Court serves as a timely reminder to consultants of the importance of carefully planning projects and of their professional obligations when advising on contracting strategy. Partner Michael Hollingdale and Law Graduate Jeremy Sher look at the case and its implications

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Can contractual claims for economic loss on a construction project be subject to the new proportionate liability regime in Part IVAA of the Wrongs Act 1958 (Vic). Senior Associate Nick Rudge and Law Clerk Greg Roebuck report on the decision in the Victorian Civil and Administrative Tribunal that considers the new provisions in the context of defective construction work

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On 5 September 2006, the NSW Supreme Court decided in John Holland v RTA that a final determination by a superintendent could undo the effect of a prior determination by an adjudicator and that such a provision was not void under section 34 of the Building and Construction Industry Security of Payment Act 1999 (NSW). Partner Leighton O'Brien and Law Graduate Rima Hor report

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A recent NSW Court of Appeal ruling on a payment claim has found that where a party might be entitled to a remedy under the Trade Practices Act 1974 (Cth) the Security of Payment Act 1999 (NSW) could not close out that remedy. In addition, if the effect of the Security of Payment Act was to prevent a Trade Practices Act claim being raised, then the inconsistency between state law and Commonwealth law would render the state law inoperative to the extent of the inconsistency

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The Victorian Parliament recently passed the Building and Construction Industry Security of Payment Amendment Act 2006 (Vic). In addition to the amendments it makes to the Building and Construction Industry Security of Payment Act 2002 (Vic) outlined in Focus: Construction - March 2006, the Amendment Act expands the scope of 'claimable variations' under the Security of Payment Act

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We discuss a range of construction insolvency issues which banks may face when dealing with their rights

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Senior Associate Michael Wright and Lawyer Christopher Larcos discuss quantum meruit - an action for payment of the reasonable value of services performed

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Are claims that a party owes a duty of care to avoid economic loss in a construction project context likely to succeed in Victoria? Senior Associate Nick Rudge and Solicitor Daniel Allender report on a recent judgment in the Victorian Supreme Court

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Editor Nick Rudge and Lawyer George Varma provide a brief summary of new legislation and recent cases in the construction area

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Editor Nick Rudge and Articled Clerk Victoria Foster provide a brief summary of new legislation and recent cases in the construction area

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After consulting with industry stakeholders, the Victorian Government has proposed a range of legislative amendments to the Building and Construction Industry Security of Payment Act 2002 (Vic). Partner Emma Warren and Lawyer Anna Thwaites report on what this will mean for the industry

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Senior Associate Nick Rudge and Articled Clerk Victoria Foster discuss the effect of contractual arrangements on the right of the principals to claim set-off and reduction of progress certificates

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Two recent court decisions have examined the validity of liquidated damages clauses. Senior Associate Nick Rudge and Articled Clerk Victoria Foster explain

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Editor Sean Richardson and others provide a brief summary of new legislation, recent cases and articles of interest in the construction area

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Senior Associate Ren Niemann and Paralegal James Nicholls report on new legislation that empowers the NSW Government to take over major infrastructure projects, and offer some clues as to how it might affect private-sector parties

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Welcome to Allens Arthur Robinson's inaugural round-up of arbitration issues in Australia and the Asia Pacific region

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Sweeping changes to Part 3 of the Environmental Planning and Assessment Act, streamlining local planning provisions in NSW commenced on 30 September 2005. Partner Paul Lalich and Senior Associate Felicity Rourke look at the changes.

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Partner Tom Yuncken and Articled Clerk Victoria Foster look at a recent Victorian Supreme Court decision that has clarified the approach for determining some of the common claims made by parties in construction disputes

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The Building and Construction Industry Improvement Act 2005 was passed unamended by the Senate on 7 September 2005 and received Royal Assent on 12 September. Senior Associate Rowan Kelly outlines some of the Act's effects

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Editor Sean Richardson and others provide a brief summary of new legislation, recent cases and articles of interest in the construction area

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On 25 May 2005 a new state environmental planning policy for state significant development was gazetted in NSW. This policy makes a number of important changes to the way in which significant projects will be assessed and approved in NSW. Partner Paul Lalich and Senior Associate Felicity Rourke look at the new policy

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A recent case in Victoria highlights the problems in that jurisdiction of a subcontractor claiming a debt against a principal under the Construction Industry Security of Payment Act where a contractor has become insolvent. Senior Associate Nick Rudge and Articled Clerk Victoria Foster look at Balmader v ESI Limited (receivers and managers appointed) and also at how this issue might play out in other states.

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Recently, federal and state and territory governments have looked increasingly to public private partnerships as a means of delivering the necessary funding to solve a growing demand for infrastructure projects in Australia. Partner Alan Millhouse and Senior Associate Emma Warren report on some of the key Australian PPP markets

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Editor Sean Richardson and others provide a brief summary of new legislation, recent cases and articles of interest in the construction area

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The Tasmanian Supreme Court recently considered whether a liquidated damages provision in a project deed between the state government and a construction company was in fact a penalty. Senior Associate Nick Rudge and Articled Clerk Sebastian Rudkin look at this important ruling and its ramifications

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Expert evidence is often critical in construction litigation. The party expert whose 'evidence is preferred' by a judge will often be the successful party in the litigation. Senior Associate Nick Rudge looks at some cases that highlight some important aspects about expert evidence.

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Partner John Cooper discusses how to achieve proper risk allocation in contracts

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Senior Associate Malcolm Stephens discusses the management of risk in construction projects

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Partner Tom Yuncken discusses the Society of Construction Law's Delay and Disruption Protocol which is of great assistance in determining extensions of time and compensation for delay and disruption

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Senior Associate Kiri Parr and Law Graduate Chris Slocombe examine the application of the new Building and Construction Industry Payments Act 2004 (Qld)

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Editors Gurmeet Kaur and Sean Richardson and others provide a brief summary of new legislation, recent cases and articles of interest in the construction area

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Although courts have traditionally been reluctant to interfere with arbitral proceedings, they can intervene by ordering claimants to pay security for costs where arbitral rules normally do not permit such an order. Senior Associate Lucas Shipway outlines the English experience and examines whether Australian courts will follow a similar path

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The High Court has left the door slightly ajar for courts to find architects, engineers and builders of commercial buildings liable in negligence to subsequent owners of those buildings for the cost of rectifying defects. Partner Andrea Martignoni and Lawyer Chris Peadon consider the implications of the 1 April 2004 decision

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Editor Ren Niemann and others provide a brief summary of new legislation, recent cases and articles of interest in the construction area

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Recent legislative changes in NSW will have a major impact on building and building contracts. Partner Leighton O'Brien and Law Graduate Kristy Owen review the new regulations

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Senior Associate Malcolm Stephens discusses the insurance implications when a company involved in a construction project suffers a loss

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The introduction of the Architects Act 2003 (NSW) forms part of a national approach towards the uniform regulation of architects. Lawyer Karin Ragel explains

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A number of fatal accidents on construction sites and the forthcoming proposals to occupational health and safety laws based on the findings of the Cole Royal Commission into the construction industry, are forcing commercial developers, and builders to consider their OH&S obligations. In this Focus we outline the OH&S obligations imposed on various parties and the implications of the non-delegability of the statutory duties

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WorkCover inspectors plan to visit more than 500 building construction sites in Victoria to assess workplace sun protection policies and procedures and their effectiveness

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An unsuccessful appeal by a contract works insurer in the New South Wales Court of Appeal has again demonstrated that policy exclusions must be clearly worded if they are to be successfully used by an insurer as a means of denying indemnity. AAR's Special Counsel Nick Longley and articled clerk David de Jersey review the decision

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The Building and Construction Industry Payments Bill 2003, introduced into the Queensland Parliament on 26 November 2003, supplements and amends the existing statutory rights of parties to secure timely payment for construction work in Queensland. Senior Associate Ren Niemann and articled clerk David de Jersey look at the major implications of the Bill

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Partner Leighton O'Brien analyses the recommendations of the Cole Royal Commission Report relating to the building and construction industry, particularly the issue of security of payment

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Editor Mike Krsticevic and others provide a brief summary of new legislation, recent cases and articles of interest in the construction area

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The recent Victorian Supreme Court decision in Age Old Builders Pty Limited v Swintons Pty Limited has overruled a VCAT decision that an expert determination was an arbitration and void by reason of breaching the Domestic Building Contracts Act. Partner Leighton O'Brien and Lawyer Lisa Ziegert review the case

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A recent ruling by the Supreme Court of Western Australia in Lamac Developments Pty Ltd v Devaugh Pty Ltd means that, consistent with the policy of a uniform platform for arbitration in Australia, WA is now in line with the other Australian states. Senior Associate Simon Davis and Law Graduate Bronwyn Byrnes look at the Lamac decision and what it means

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Partner John Baartz and Special Counsel Nick Longley look at some recent developments in building construction claims

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Editor Mike Krsticevic and others provide a brief summary of new legislation, recent cases and articles of interest in the construction area

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A successful appeal by a NSW shire council to overturn a summary judgment against it will mean that contractors will need to be especially vigilant to provide to the superintendent information he or she reasonably requires in certifying the amount payable to the contractor. Cases that interpret provisions of the standard contracts are relatively rare. When one comes along, principals, contractors and contract administrators should all take note

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Editor Mike Krsticevic and others provide a brief summary of new legislation, recent cases and articles of interest in the construction area

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A recent decision of the Victorian Civil and Administrative Tribunal may have a profound effect on the use of expert determinations to resolve disputes. Special Counsel Nick Longley explains the tribunal's decision in Age Old Builders Pty Limited v Swintons Limited which held that, notwithstanding its name, the expert determination agreement under consideration was in reality an agreement to arbitrate

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In the first of a two-part series examining the final report of the Cole Royal Commission into the building and construction industry, Partner David Cross looks at the main recommendations in terms of industrial relations

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Those involved in the NSW construction industry (particularly those involved in claims) should not assume that the scope of new 'tort reform' legislation in NSW is limited to the area of personal injuries. Partner Leighton O'Brien examines how the Civil Liability Act will play a significant role in all negligence cases

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Editor Mike Krsticevic and others provide a brief summary of new legislation, recent cases and articles of interest in the construction area

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A variety of AAR Construction personnel provide a brief summary of new legislation, recent cases and articles of interest in the construction area

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The Building and Construction Industry Security of Payment Amendment Act 2002 (NSW) commenced on Monday, 3 March this year and may have an important impact on the construction industry. In the first of a two-part article, AAR Partner Lesley Minns explores the provisions of the new Act

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Senior Associates Toby Browne-Cooper and Simon Davis and Law Graduate Jonathan de Ridder provide an update on the progress of the Construction Industry Payments Bill 2002 (WA), which will address security of payment issues for the WA building and construction industry