Aussie Courts Crack Down on Negligent Bosses
When a boss not only intentionally allows a subcontractor to work near live high-voltage power lines but in fact begs them to do so and does...
Is Security Eroding Democracy?
On November 30 last year, two activists who opposed Australia’s offshore detention policy abseiled down the front of Parliament House to unfurl a banner calling for...
Terminating Contracts and the Potential for Dire Unintended Consequences
When you invoke the termination procedures in a building contract, as long as you treat the process like sweating dynamite you should be OK, save for...
What’s to Become of Uberrimae Fidei?
Uberrimae Fidei is a legal doctrine, the Latin for ‘utmost good faith.’
Developments in Australian Construction Law
Looking back at the year just completed, 2016 proved to be an interesting year in the space we may call the ‘construction industry law’ space. In...
Everyone is Entitled to Protection – But not Always the Same Level of Risk
When it comes to dealing with a known safety hazard, everyone is entitled to the same minimum level of protection.
Expert Determination: Swift, Binding and Cost Effective
Contractually ordained expert determination can be a viable alternative to other more mainstream forms of dispute resolution such as courts, tribunals and arbitration.
The Need to Plead when Guilt is a Given
There are tens of thousands of building practitioners registered in Australia with various practitioner oversight bodies.
Arbitration, Courts or Tribunals?
Building disputes can be resolved in a variety of judicial and quasi-judicial forums, three of the most common being arbitration, courts and tribunals.