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©International arbitration in Australia: The need to centralise judicial power
15/03/12 (2012) 86 ALJ 118 Albert Monichino argues that the Federal Court should be established as the single intermediate appellate court to hear and determine international arbitration matters to ensure a timely, uniform interpretation of the Model Law throughout Australia.
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©”A common law of construction contracts” – or vive la différence?
01/01/12 (2012) ICLR 72 All the world’s legal systems focus on the sanctity of contracts, and damages as the remedy for breach of contract.” “… the principle of pacta sunt servanda … is universal to all legal systems. This means that the vast majority of construction disputes are fought and won or lost primarily over the wording of the contract (and alleged facts).” [Robert Knutson (ed), FIDIC An Analysis of International Construction Contracts (2005) xiv, xvi]. This paper by Dr Donald Charrett addresses several aspects of construction contracts in common law and civil law systems relevant to the issue of whether there is a common law of construction contracts.
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©Arbitration Law in Victoria Comes of Age
30/11/11 Department of Justice Seminar, Melbourne 30 November 2011. Albert Monichino's paper discusses the recent enactment by the Victorian Parliament of the Commercial Arbitration Act 2011 (Vic) (‘the revised CAA’). The revised CAA repeals and replaces the Commercial Arbitration Act 1984 (Vic). The enactment of this legislation is part of the modernisation and harmonisation of Australia’s international and domestic arbitration regimes.
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©Australia’s consumer protection law – a potent weapon in construction law disputes
01/10/11 (2011) 3 CLInt 23 This paper by Dr Donald Charrett, published in Construction Law International, gives an overview of the Australian Consumer Law (previously the Trade Practices Act). The recent legislative changes resulting in uniform Australian legislation are reviewed, and the legislative provisions relating to misleading or deceptive conduct, "consumer transactions" and remedies are discussed in terms of their impact on the practice of construction law in Australia.
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©Some Observations on the Use of Experts
06/08/11 Society of Construction Law Conference, Brisbane August 2011. Based on their experience, David Levin QC and Ian Percy make some practical suggestions for a modern approach to adducing expert evidence in major litigation involving complex technical issues.
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©Book Review
01/08/11 (2011) 22 ADRJ 132 In this article, Albert Monichino SC reviews a new book: "International Commercial Arbitration - An Asia-Pacific Perspective", by Simon Greenberg, Christopher Kee & J Romesh Weeramantry.
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©The use of Scott Schedules in technology, engineering and construction litigation
16/06/11 (2011) 27 BCL 151 This paper by Richard Manly SC discusses the appropriate use of Scott Schedules in modern litigation to achieve the just, efficient, timely and cost-effective resolution of construction disputes.
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©Statutory Intervention into the Common Construction Law of Australia - Progress or Regress?
01/05/11 (2011) 137 Australian Construction Law News 6. The legislators in the nine Australian jurisdictions have intervened to supplement or replace the common law in many areas. This paper by Donald Charrett and Matthew Bell (Melbourne Law School) looks at the origins of the legislative schemes for "fair trading", proportionate liability and "security of payment".
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©The Internationalisation of Contracting: Australian Contractors in Asia and the role of FIDIC contracts domestically and in Asia
29/03/11 (2011) 138 Australian Construction Law News 6. This paper by Donald Charrett and Toby Shnookal focuses on the FIDIC standard form contracts which are in common use internationally. In the authors' view, there is a lot to be said for returning to the widespread use of standard form contracting in Australia using the internationally recognised FIDIC contracts.
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©Arbitration Reform in Australia: Striving for International Best Practice
15/12/10 (2010) 1 The arbitrator & Mediator 29. Albert Monichino reports that Australia is undergoing substantial reform to its arbitral legislative regime regulating domestic and international arbitrations. The reforms are touted by politicians and some commentators as creating an international best practice legal framework in Australia. This article by Albert Monichino SC outlines the history of the reform process, the nature of the reforms, and considers whether the product of the reform process reflects international best practice (if there is such a thing).
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