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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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©The cannon shot rule
24/11/10 The territorial sea limit was defined back in time by the "cannon shot" rule - ie the range of a sovereign State's onshore cannon. Andrew Archer describes the history of this rule in a brief note.
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©Civil Procedure Reform in Victoria
18/11/10 Vicbar CPD 18 November 2010. The Civil Procedure Act 2010 (Vic) received royal assent on 24 August 2010 and is due to come into effect on 1 January 2011. This paper by Richard Manly SC addresses the new procedures for case management, discovery and dispute resolution in the Act.
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©Contractual interpretation - Codelfa update and related matters
20/10/10 Paper given at BDPS Meeting. Francis Tiernan SC gave a talk to the Building Dispute Practitioners' Society in Melbourne on the current state of the law on construction of the terms of a contract.
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©Australian legal guidelines for forensic engineering experts
15/10/10 (2010) V11 No1 Australian Journal of Structural Engineering 11 PJ Murphy, L Duthie, B Bielert [Baker & McKenzie], D Charrett . This article will guide the forensic engineering expert through all aspects of an engineering dispute in Australia.
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