INDEX 2019 [acln.com.au] · 4 AUSTRALIAN CONSTRUCTION LAW NEWSLETTER INDEX 2019 AUTHORS Alden,...

INDEX 2019Australian Construction Law

Newsletter

2 AUSTRALIAN CONSTRUCTION LAW NEWSLETTER INDEX 2019

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AUSTRALIAN CONSTRUCTION LAW NEWSLETTER INDEX 2019 3

CONTENTS INDEX 2019

AUTHORS 4

SUBJECTS 11

CASES 15

LEGISLATION 20

STANDARDS AND CONTRACTS 23


AUTHORS

Alden, Scott Finally released—Draft guidance on Modern Slavery Act 2018 (Cth) Issue #186 p32Allsop AO, The Honourable James The role of law in international commercial arbitration, Issue #187 p6Archer, Andrew Contractual termination rights and the concurrent exercise or non–exercise of common law termination rights—Caught between the Scylla and Charybdis?, Issue #189 p17Barbaro, Jeanette Combustible cladding—End of 2018 update, Issue #184 p35Defective works? Double whack from the ACL and DBCA—Greco v Basiri (Building and Property) [2019] VCAT 555, Issue #186 p53National cladding update, Issue #184 p16Berenholtz, Julian Navigating split dispute resolution clauses—Where's google maps when you need it?, Issue #187 p54Blunt, Andrew No building permit? No extra time for building actions in Victoria, Issue #187 p16Bowlt, Laura No, you can’t outsource your homework! Does low cost outsourcing result in high cost problems?, Issue #188 p38Brennan, Katie No, you can’t outsource your homework! Does low cost outsourcing result in high cost problems?, Issue #188 p38Brookes, Mark Excavator digs itself into a deep hole with respect to property loss, Issue #186 p36Buchanan, Rob Suppliers to benefit from Australian procurement law reform, Issue #186 p22Bury, Ben Can liquidated damages be recovered after termination?, Issue #186 p27Calloway, Adam FIDIC goes underground! Publication of new emerald book stands to prop up tunnelling projects with much needed specialised standard form support, Issue #186 p46Ceeney, Richard A FIDIC goes underground! Publication of new emerald book stands to prop up tunnelling projects with much needed specialised standard form support, Issue #186 p46Chaddha, Divya Ignore the contract at your peril—Developer estopped from relying on contract, Issue #189 p54Chew, Andrew Blockchain in construction—It’s all about data, trust and productivity, Issue #186 p19Executive liability in the infrastructure industry—What you need to know, Issue #187 p43Where to from Opal and Lacrosse? Towards a better assurance system in New South Wales, Issue #185 p38


AUTHORS

Clayton Utz Major Projects and Construction TeamThe pitfalls of vague emails—Email insufficient to amount to a payment schedule for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW), Issue #187 p15Close, Alison Duties of good faith in joint venture arrangements—Ignore at your peril, Issue #184 p48Coleman, Tim Can a principal elect to claim general damages rather than liquidated damages?, Issue #186 p48Cosgriff, Stuart Boosting public confidence in government contracts—The court revisits the ‘fettering’ doctrine, Issue #186 p40Covington, Christine Where to from Opal and Lacrosse? Towards a better assurance system in New South Wales, Issue #185 p38Dale, Luke Key intellectual property and technology issues for the building and construction industry, Issue #184 p14Darwin, MarkStatutory limitation period for a court action to be filed against insurers runs from date of loss, not date of declinature, Issue #185 p58Davenport, Philip Arrangements misconstrued, Issue #188 p48Moving the goal posts back, Issue #184 p40Security of payment changes in New South Wales again fail subcontractors, Issue #187 p50Davidson, Ben Lessons from Lacrosse, Issue #185 p34The Singapore Mediation Convention—A way forward for international dispute resolution?, Issue #186 p56Donohue, Brendan Statutory limitation period for a court action to be filed against insurers runs from date of loss, not date of declinature, Issue #185 p58Downie, Andrew Defects on large–scale construction projects—What you need to know following recent cases including Opal and Lacrosse, Issue #186 p6Edwards, Katherine Combustible cladding update—A wave of ‘building product rectification orders’ begins, Issue #189 p46Elston, David Causation is king—New South Wales Supreme Court delivers hammer blow to programming analysis for delay claims, Issue #188 p36When is an arbitration agreement 'incapable of being performed'?, Issue #187 p56Fenwick Elliott, Robert Misrepresentation by programme—A second string to the paradigm case bow, Issue #185 p41Fischer, Lina Senate Economics References Committee tables unsparing report on non–conforming building products, Issue #184 p38


AUTHORS

Gallina, Nicholas Rectification of construction contracts, Issue #185 p22Ghoneim, Ahmad Back to back clauses in construction contracts may not be enforced, Issue #184 p45Gill, Amy Momentary misjudgment insufficient to crush plaintiff’s claim for damages, Issue #188 p19Gilmour QC, The Honourable John The application of contracts in developing offshore oil and gas projects by Philip Loots and Dr Donald Charrett, Issue #187 p57Golovanoff, Helena Ignore the contract at your peril—Developer estopped from relying on contract, Issue #189 p54Gordon, Victoria Finally released—Draft guidance on Modern Slavery Act 2018 (Cth) Issue #186 p32Grant, ChrisDefective works? Double whack from the ACL and DBCA—Greco v Basiri (Building and Property) [2019] VCAT 555, Issue #186 p53Grimshaw, Kingsley Government response to combustible cladding crisis, Issue #189 p44Gvozdenovic, Michael Boosting public confidence in government contracts—The court revisits the ‘fettering’ doctrine, Issue #186 p40Hawkins, Ashlea Fix now, litigate later—Building Amendment (Cladding Rectification) Bill 2019 (Vic), Issue #189 p48Hayford, Owen Breaking mega projects into smaller contract packages—A fraught response to a fraught market?, Issue #188 p54Improving construction productivity through collaborative contracting and CPPM, Issue #185 p48Responding to Australia's fraught civil construction market, Issue #188 p52Hicks, Ben Registration and licensing of carpenters, engineers and other building practitioners, Issue #189 p50Hider, Jane Lessons from Lacrosse, Issue #185 p34Hoare, Samuel New South Wales security of payment reform update—What you need to know, Issue #186 p38Holland, Linda Questionable motives of contractor relevant to stay of adjudication determination, Issue #184 p42Holt, Carlie Fair work contraventions for company, director and site manager after refusing union entry, Issue #187 p19Hughes QC, Simon The evolution of notice provisions in the FIDIC suite, Issue #186 p42


AUTHORS

Hutchings, Richard Beware premature payment claims—MKA Bowen Investments Pty Ltd v Carelli Constructions Pty Ltd [2019] VSC 436, Issue #189 p57Jackson, Sir Rupert Notices, time bars and proportionality, Issue #184 p6Jocic, Wayne Lessons from Lacrosse, Issue #185 p34Johnstone, Tom Defective works? Double whack from the ACL and DBCA—Greco v Basiri (Building and Property) [2019] VCAT 555, Issue #186 p53Jones AO, Professor Doug A new path forward—Efficiency through transparency, Issue #189 p6Kay, Sam Navigating split dispute resolution clauses—Where's google maps when you need it?, Issue #187 p54Kelly, Sean Causation is king—New South Wales Supreme Court delivers hammer blow to programming analysis for delay claims, Issue #188 p36Duties of good faith in joint venture arrangements—Ignore at your peril, Issue #184 p48Kenney, Mark Defects and retention changes to the Queensland Building and Construction Commission Act 1991 (Qld) arising from building industry fairness reforms, Issue #184 p57Kerin, Christopher Lacrosse apartments VCAT decision—Combustible cladding and important liability issues for building consultants, Issue #185 p32Knight, Benjamin Combustible cladding—End of 2018 update, Issue #184 p35Koulouris, Yianni Beware premature payment claims—MKA Bowen Investments Pty Ltd v Carelli Constructions Pty Ltd [2019] VSC 436, Issue #189 p57Lake, Michael New South Wales security of payment reform update—What you need to know, Issue #186 p38New South Wales security of payment reform—What you need to know, Issue #184 p54Lau, Victor Australia's Foreign Influence Transparency Scheme Act, Issue #185 p19Suppliers to benefit from Australian procurement law reform, Issue #186 p22Lee, Tim Key intellectual property and technology issues for the building and construction industry, Issue #184 p14Leggatt, Sir George Negotiation in good faith—Adapting to changing circumstances in contracts and English contract law, Issue #185 p6


AUTHORS

Lo, Michael The Singapore Mediation Convention—A way forward for international dispute resolution?, Issue #186 p56Lumley, Gemma Lacrosse apartments VCAT decision—Combustible cladding and important liability issues for building consultants, Issue #185 p32Mackellar, Katherine New South Wales security of payment reform update—What you need to know, Issue #186 p38New South Wales security of payment reform—What you need to know, Issue #184 p54Mackojc, Jonathan Asian International Arbitration Centre's standard form building contracts—2019 update, Issue #184 p50Marsh, Emily Executive liability in the infrastructure industry—What you need to know, Issue #187 p43Mathews, Tom The Fiocco review—A step closer to national security of payment laws, Issue #184 p11McAlear, Kassie The importance of having community involvement in the planning and development stage of construction works in order to protect buildings and sites of historical and cultural significance, Issue #189 p34McCann, Greg Brick company found not guilty in work health and safety prosecution, Issue #185 p59McGlashan, Andrew Will we see more liquidators using SOPA after Seymour Whyte?, Issue #185 p52Menon, The Honourable the Chief Justice Sundaresh The Singapore Convention on Mediation and the coming of a new age, Issue #188 p6Miechel, Bree FIDIC goes underground! Publication of new emerald book stands to prop up tunnelling projects with much needed specialised standard form support, Issue #186 p46Mills, Zac Combustible cladding update—A wave of ‘building product rectification orders’ begins, Issue #189 p46Morgan–Payler, James Construction disputes—Maximizing time and costs efficiencies, Issue #186 p54Muir, Matthew Asian International Arbitration Centre's standard form building contracts—2019 update, Issue #184 p50Neal, Todd Combustible cladding update—A wave of ‘building product rectification orders’ begins, Issue #189 p46O'Brien, Kerry Brick company found not guilty in work health and safety prosecution, Issue #185 p59O'Brien, Leighton Lag and loss—Managing the impacts of delay in project delivery, Issue #186 p24Navigating split dispute resolution clauses—Where's google maps when you need it?, Issue #187 p54


AUTHORS

O'Connor, Michael FIDIC Golden Principles—Are they too precious?, Issue #188 p33Pyers, Bianca National cladding update, Issue #184 p16Pyman, Stephen Lessons from a new case—Does the removal of a delay claim clause preclude a claim for delays in a variation claim? What are the implied duties of good faith on a superintendent?—Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited [2019] FCA 1049, Issue #187 p48Radik, Lara The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) contravenes the Fair Work Act 2009 (Cth), Issue #189 p56Robert, Erwan FIDIC goes underground! Publication of new emerald book stands to prop up tunnelling projects with much needed specialised standard form support, Issue #186 p46Rosher, Peter FIDIC goes underground! Publication of new emerald book stands to prop up tunnelling projects with much needed specialised standard form support, Issue #186 p46Good faith in construction contracts—Comparing French and English contract law approaches, Issue #187 p34Rudge, Nick Navigating split dispute resolution clauses—Where's google maps when you need it?, Issue #187 p54Ryder, Chris The Fiocco review—A step closer to national security of payment laws, Issue #184 p11Sales, Alphonso I fall apart—Literally and figuratively, Issue #186 p29Samartzis, James Toys and weapons … Now part of the toolbox—pre–construction approvals and latent conditions during offshore construction projects—How the use of drones is changing the legal landscape, Issue #187 p20Sartori, Anna Risky business—An analysis of the possibility of the No Dispute report’s approach to risk allocation in modern construction projects, Issue #188 p22Scannell, Anna No building permit? No extra time for building actions in Victoria, Issue #187 p16Schoombee, Andre The Fiocco review—A step closer to national security of payment laws, Issue #184 p11Sheridan, Emer Can a principal elect to claim general damages rather than liquidated damages?, Issue #186 p48Smith, Dennae New South Wales security of payment reform—What you need to know, Issue #184 p54Steiner, Emily Lessons from Lacrosse, Issue #185 p34


AUTHORS

Stevens, Rebecca Momentary misjudgment insufficient to crush plaintiff’s claim for damages, Issue #188 p19Strain, Danielle Construction disputes—Maximizing time and costs efficiencies, Issue #186 p54Stulic, Mathew Will we see more liquidators using SOPA after Seymour Whyte?, Issue #185 p52Sutton, John Excavator digs itself into a deep hole with respect to property loss, Issue #186 p36Thirgood, Russell Quantum meruit will not save a bad bargain—Mann v Paterson Constructions Pty Ltd [2019] HCA 32, Issue #188 p56Thomas, Nina High Court declares that mutual recognition scheme means what it says …, Issue #188 p46Tighe, Patrick New South Wales security of payment reform—What you need to know, Issue #184 p54Turnbull, Brent High Court declares that mutual recognition scheme means what it says …, Issue #188 p46Van Beers, Allison Duties of good faith in joint venture arrangements—Ignore at your peril, Issue #184 p48Wajszel, Hubert Fix now, litigate later—Building Amendment (Cladding Rectification) Bill 2019 (Vic), Issue #189 p48Whitten QC, Michael Defects on large–scale construction projects—What you need to know following recent cases including Opal and Lacrosse, Issue #186 p6Williams, DarrenQuantum meruit will not save a bad bargain—Mann v Paterson Constructions Pty Ltd [2019] HCA 32, Issue #188 p56Woods, Paul No building permit? No extra time for building actions in Victoria, Issue #187 p16Wyatt, Julia Finally released—Draft guidance on Modern Slavery Act 2018 (Cth) Issue #186 p32


SUBJECTS

ADJUDICATION Moving the goal posts back, Philip Davenport, Issue #184 p40

ARBITRATION When is an arbitration agreement 'incapable of being performed'?, David Elston, Issue #187 p56

BLOCKCHAIN TECHNOLOGY Blockchain in construction—It’s all about data, trust and productivity, Andrew Chew, Issue #186 p19

BOOK REVIEW The application of contracts in developing offshore oil and gas projects by Philip Loots and Dr Donald Charrett, The Hon John Gilmour QC, Issue #187 p57

BUILDING DEFECTS Defective works? Double whack from the ACL and DBCA—Greco v Basiri (Building and Property) [2019] VCAT 555, Jeanette Barbaro, Tom Johnstone and Chris Grant, Issue #186 p53Defects on large–scale construction projects—What you need to know following recent cases including Opal and Lacrosse, Michael Whitten QC and Andrew Downie, Issue #186 p6

BUILDING REGULATION Combustible cladding update—A wave of ‘building product rectification orders’ begins, Todd Neal, Katherine Edwards and Zac Mills, Issue #189 p46Combustible cladding—End of 2018 update, Jeanette Barbaro and Benjamin Knight, Issue #184 p35Fix now, litigate later—Building Amendment (Cladding Rectification) Bill 2019 (Vic), Hubert Wajszel and Ashlea Hawkins, Issue #189 p48Government response to combustible cladding crisis, Kingsley Grimshaw, Issue #189 p44Lacrosse apartments VCAT decision—Combustible cladding and important liability issues for building consultants, Christopher Kerin and Gemma Lumley, Issue #185 p32Lessons from Lacrosse, Jane Hider, Ben Davidson, Wayne Jocic and Emily Steiner, Issue #185 p34National cladding update, Jeanette Barbaro and Bianca Pyers, Issue #184 p16Senate Economics References Committee tables unsparing report on non–conforming building products, Lina Fischer, Issue #184 p38Where to from Opal and Lacrosse? Towards a better assurance system in New South Wales, Andrew Chew and Christine Covington, Issue #185 p38

CASE NOTE Beware premature payment claims—MKA Bowen Investments Pty Ltd v Carelli Constructions Pty Ltd [2019] VSC 436, Richard Hutchings and Yianni Koulouris, Issue #189 p57Quantum meruit will not save a bad bargain—Mann v Paterson Constructions Pty Ltd [2019] HCA 32, Russell Thirgood and Darren Williams, Issue #188 p56

CONTRACTS Back to back clauses in construction contracts may not be enforced, Ahmad Ghoneim, Issue #184 p45Boosting public confidence in government contracts—The court revisits the ‘fettering’ doctrine, Stuart Cosgriff and Michael Gvozdenovic, Issue #186 p40Contractual termination rights and the concurrent exercise or non–exercise of common law termination rights—Caught between the Scylla and Charybdis?, Andrew Archer, Issue #189 p17


SUBJECTS

Duties of good faith in joint venture arrangements—Ignore at your peril, Alison Close, Sean Kelly and Allison Van Beers, Issue #184 p48Good faith in construction contracts—Comparing French and English contract law approaches, Peter Rosher, Issue #187 p34Ignore the contract at your peril—Developer estopped from relying on contract, Helena Golovanoff and Divya Chaddha, Issue #189 p54Improving construction productivity through collaborative contracting and CPPM, Owen Hayford, Issue #185 p48Lessons from a new case—Does the removal of a delay claim clause preclude a claim for delays in a variation claim? What are the implied duties of good faith on a superintendent?—Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited [2019] FCA 1049, Stephen Pyman, Issue #187 p48Misrepresentation by programme—A second string to the paradigm case bow, Robert Fenwick Elliott, Issue #185 p41Negotiation in good faith—Adapting to changing circumstances in contracts and English contract law, Sir George Leggatt, Issue #185 p6Notices, time bars and proportionality, Sir Rupert Jackson, Issue #184 p6Rectification of construction contracts, Nicholas Gallina, Issue #185 p22

DAMAGES Can a principal elect to claim general damages rather than liquidated damages?, Tim Coleman and Emer Sheridan, Issue #186 p48I fall apart—Literally and figuratively, Alphonso Sales, Issue #186 p29No building permit? No extra time for building actions in Victoria, Paul Woods, Anna Scannell and Andrew Blunt, Issue #187 p16

DELAY ANALYSISCausation is king—New South Wales Supreme Court delivers hammer blow to programming analysis for delay claims, Sean Kelly and David Elston, Issue #188 p36

DISPUTE RESOLUTION Navigating split dispute resolution clauses—Where's google maps when you need it?, Nick Rudge, Leighton O’Brien, Julian Berenholtz and Sam Kay, Issue #187 p54

EXECUTIVE LIABILITY Executive liability in the infrastructure industry—What you need to know, Andrew Chew and Emily Marsh, Issue #187 p43

FOREIGN INFLUENCE Australia's Foreign Influence Transparency Scheme Act, Victor Lau, Issue #185 p19

INSURANCE Excavator digs itself into a deep hole with respect to property loss, Mark Brookes and John Sutton, Issue #186 p36Statutory limitation period for a court action to be filed against insurers runs from date of loss, not date of declinature, Mark Darwin and Brendan Donohue, Issue #185 p58

INTERNATIONAL ARBITRATION A new path forward—Efficiency through transparency, Professor Doug Jones AO, Issue #189 p6The role of law in international commercial arbitration, The Hon James Allsop AO, Issue #187 p6


SUBJECTS

INTERNATIONAL COMMERCIAL MEDIATION The Singapore Convention on Mediation and the coming of a new age, The Honourable the Chief Justice Sundaresh Menon, Issue #188 p6

LIQUIDATED DAMAGES Can liquidated damages be recovered after termination?, Ben Bury, Issue #186 p27

MAJOR PROJECTS Responding to Australia's fraught civil construction market, Owen Hayford, Issue #188 p52

MEDIATION The Singapore Mediation Convention—A way forward for international dispute resolution?, Ben Davidson and Michael Lo, Issue #186 p56

MODERN SLAVERY Finally released—Draft guidance on Modern Slavery Act 2018 (Cth) Scott Alden, Victoria Gordon and Julia Wyatt, Issue #186 p32

MUTUAL RECOGNITION SCHEME High Court declares that mutual recognition scheme means what it says …, Brent Turnbull and Nina Thomas, Issue #188 p46

NEGLIGENCE Momentary misjudgment insufficient to crush plaintiff’s claim for damages, Rebecca Stevens and Amy Gill, Issue #188 p19

PLANNING AND DEVELOPMENT The importance of having community involvement in the planning and development stage of construction works in order to protect buildings and sites of historical and cultural significance, Kassie McAlear, Issue #189 p34

PROCUREMENT Suppliers to benefit from Australian procurement law reform, Rob Buchanan and Victor Lau, Issue #186 p22

REGISTRATION AND LICENSING Registration and licensing of carpenters, engineers and other building practitioners, Ben Hicks, Issue #189 p50

RISK Breaking mega projects into smaller contract packages—A fraught response to a fraught market?, Owen Hayford, Issue #188 p54Lag and loss—Managing the impacts of delay in project delivery, Leighton O'Brien, Issue #186 p24No, you can’t outsource your homework! Does low cost outsourcing result in high cost problems?, Laura Bowlt and Katie Brennan, Issue #188 p38Risky business—An analysis of the possibility of the No Dispute report’s approach to risk allocation in modern construction projects, Anna Sartori, Issue #188 p22

SECURITY OF PAYMENT Arrangements misconstrued, Philip Davenport, Issue #188 p48Defects and retention changes to the Queensland Building and Construction Commission Act 1991 (Qld) arising from building industry fairness reforms, Mark Kenney, Issue #184 p57New South Wales security of payment reform update—What you need to know, Michael Lake, Katherine Mackellar and Samuel Hoare, Issue #186 p38


SUBJECTS

New South Wales security of payment reform—What you need to know, Michael Lake, Katherine Mackellar, Patrick Tighe and Dennae Smith, Issue #184 p54Questionable motives of contractor relevant to stay of adjudication determination, Linda Holland, Issue #184 p42Security of payment changes in New South Wales again fail subcontractors, Philip Davenport, Issue #187 p50The Fiocco review—A step closer to national security of payment laws, Chris Ryder, Tom Mathews and Andre Schoombee, Issue #184 p11The pitfalls of vague emails—Email insufficient to amount to a payment schedule for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW), Clayton Utz Major Projects and Construction Team, Issue #187 p15Will we see more liquidators using SOPA after Seymour Whyte?, Mathew Stulic and Andrew McGlashan, Issue #185 p52

STANDARD FORM CONTRACTS Asian International Arbitration Centre's standard form building contracts—2019 update, Matthew Muir and Jonathan Mackojc, Issue #184 p50FIDIC goes underground! Publication of new emerald book stands to prop up tunnelling projects with much needed specialised standard form support, Peter Rosher, Erwan Robert, Adam Calloway, Bree Miechel and Richard A Ceeney, Issue #186 p46FIDIC Golden Principles—Are they too precious?, Michael O'Connor, Issue #188 p33The evolution of notice provisions in the FIDIC suite, Simon Hughes QC, Issue #186 p42

TECHNOLOGY Construction disputes—Maximizing time and costs efficiencies, James Morgan–Payler and Danielle Strain, Issue #186 p54Key intellectual property and technology issues for the building and construction industry, Luke Dale and Tim Lee, Issue #184 p14Toys and weapons … Now part of the toolbox—pre–construction approvals and latent conditions during offshore construction projects—How the use of drones is changing the legal landscape, James Samartzis, Issue #187 p20

WORK HEALTH AND SAFETY Brick company found not guilty in work health and safety prosecution, Greg McCann and Kerry O'Brien, Issue #185 p59

WORKPLACE RELATIONS Fair work contraventions for company, director and site manager after refusing union entry, Carlie Holt, Issue #187 p19The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) contravenes the Fair Work Act 2009 (Cth), Lara Radik, Issue #189 p56


CASES

Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2017] FCAFC 56, Issue #184 p14Adapt Constructions Pty Ltd v Whittaker [2015] ACTSC 188, Issue #186 p49, 50Alexander v Gardner–Denver Co 415 US 36 (1974), Issue #187 p12All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd [2017] NSWCA 289, Issue #189 p58, 59Allied Maples Group Ltd v Simmons & Simmons [1995] 1 WLR 1602, Issue #185 p15Alstom Ltd v Yokogawa Pty Ltd (No 7) [2012] SASC 49, Issue #188 p36Ansett Transport Industries (Operations) Pty Ltd v Commonwealth (1977) 138 CLR 54, Issue #186 p41Associated British Ports v Tata Steel UK Ltd [2017] EWHC 694 (Ch); [2017] 2 Lloyd's Rep 11, Issue #185 p9Astor Management AG v Atalaya Mining Plc [2017] 1 Lloyd's Rep 476, Issue #185 p16Attorney–General v Geothermal Produce New Zealand Ltd [1987] 2 NZLR 348 (CA), Issue #186 p29Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Bruce Highway Caloundra to Sunshine Upgrade Case) (No 2) [2019] FCA 1737, Issue #189 p56Baese Pty Ltd v RA Bracken Building Pty Ltd (1990) 6 BCL 137, Issue #186 p50Baulderstone Hornibrook v Qantas Airways [2003] FCA 174, Issue #185 p41Bellgrove v Eldridge (1954) 90 CLR 613, Issue #186 p10Benter v Miller & Poulgrain [2005] 1 NZLR 66 (CA), Issue #186 p29BMD Major Projects Pty Ltd v Victorian Urban Development Authority [2007] VSC 409, Issue #187 p49Body Corporate 183523 v Tony Tay & Associates Ltd HC Auckland, CIV–2004–404–4824, 30 March 2009, Body Corporate 189855 v North Shore City Council HC Auckland, CIV–2005–404–5561, 25 July 2008, Issue #186 p31Body Corporate 326421 v Auckland Council [2015] NZHC 862, Issue #186 p30Body Corporate 346799 v KNZ International Co Ltd [2017] NZHC 511, Issue #186 p30, 31Braithwaite v Foreign Hardwood Co [1905] 2 KB 543 (CA), Issue #189 p20Brighton Australia v Multiplex [2018] VSC 246, Issue #185 p41, 46Brodyn v Davenport [2004] NSWCA 394, Issue #188 p49, 50Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 (2014) 254 CLR 185, Issue #187 p17Bryan v Maloney (1995) 182 CLR 609, Issue #186 p10; Issue #187 p17BSkyB v HL Enterprises [2010] EWHC 86 (TCC), Issue #185 p41, 42, 46Bulkbuild Pty Ltd v Fortuna Well Pty Ltd & Ors [2019] QSC 173, Issue #187 p56Cellulose Acetate Silk Co Ltd v Widnes Foundry (1925) Ltd [1933] AC 30, Issue #186 p49Central Projects Pty Ltd v Davidson [2018] NSWSC 523, Issue #184 p43Channel Tunnel Group Ltd v Balfour Beatty Constructions Ltd [1993] 1 All ER 664, Issue #187 p8Chaplin v Hicks [1911] 2 KB 786, Issue #185 p15Chartered Paperworkers International Union, AFL–CIO v Misco Inc 484 US 29 (1987), Issue #187 p13City Inn Ltd v Shepherd Construction Ltd [2007] CSOH 190, Issue #186 p44City Inn Ltd v Shepherd Construction Ltd [2010] CSIH 68, Issue #186 p44Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 41 ALR 367, Issue #185 p23Cole v Burns International Security Services 105 F 3d 465 (DC Cir 1997), Issue #187 p13


CASES

Compass Group UK and Ireland Ltd (t/a Medirest) v Mid Essex Hospital Services NHS Trust [2012] EWHC 781 (QB), Issue #187 p38Construction, Forestry, Maritime, Mining and Energy Union & Ors v Hanssen Pty Ltd & Ors [2019] FCCA 1664, Issue #187 p19Cooperative Group Ltd v John Allen Associates Ltd [2010] EWHC 2300 (TCC), Issue #186 p11Cootes v Concrete Panels (Qld) Pty Ltd & Ors [2019] QSC 146, Issue #188 p19Courtney & Fairbairn Ltd v Tolaini Brothers (Hotels) Ltd [1975] 1 WLR 297, Issue #185 p9, 10, 11, 12, 15Crestdream v Potter Interior Design [2014] HKCFI 1283, Issue #186 p27, 28CS Phillips Pty Ltd v Baulderstone Hornibrook Pty Ltd (unreported, NSWSC, 26 October 1994; BC9403175), Issue #186 p50Dalkia Utilities Services Plc v Celtech International Ltd [2006] EWHC 63, Issue #189 p17, 21, 23, 24, 25, 26, 27Dartberg Pty Ltd v Wealthcare Financial Planning Pty Ltd (2007) 164 FCR 450, Issue #186 p13De Lovio v Boit 7 F Cas 418 at 443 (1815), Issue #187 p8Delta Pty Ltd v Mechanical and Construction Insurance Pty Ltd [2019] QCA 62, Issue #186 p36Dodd v Churton [1897] 1 QB 566, Issue #186 p24Dow Chemical France, The Dow Chemical Company & Ors v Isover Saint Gobain, Zwischenschiedsspruch v 23.09.1982, ICC Case No 4131, Issue #189 p8DPP v Ray [1974] AC 370, Issue #185 p46Duffy Kennedy Pty Ltd v Lainson Holdings Pty Ltd [2016] NSWSC 371, Issue #184 p43Durham Tees Valley Airport Ltd v Bmibaby Ltd [2010] EWCA Civ 485; [2011] 1 Lloyd's Rep 68, Issue #185 p15Ecosse Property Pty Ltd v Gee Nominees Pty Ltd [2017] HCA 12, Issue #186 p51Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm); [2014] 2 Lloyd’s Rep 457, Issue #185 p13, 14Esanda Finance v Plessnig (1989) 166 CLR 131, Issue #189 p19Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd [2016] VSCA 247, Issue #185 p52, 53, 54, 57Farah Constructions Pty Ltd v Say Dee Pty Ltd (2007) 230 CLR 89, Issue #185 p53Fercometal v Mediterranean Shipping [1989] AC 788, Issue #189 p17, 18, 20Fibrosa Spolka Akcyjna v Fairbain Lawson Combe Barbour Ltd [1943] AC 32, Issue #188 p58First City Corporation Ltd v Downsview Nominees Ltd [1989] 3 NZLR 710 (HC), Issue #186 p30Force India Formula One Team Ltd v Etihad Airways PJSC [2010] EWCA Civ 1051, Issue #189 p21Fowler v Fowler (1859) 4 De G & J 250, Issue #185 p23Futurepower Developments Pty Ltd v TJ & RF Fordham Pty Ltd t/as TRN Group [2019] NSWSC 1554, Issue #189 p54Gaymark Investments v Walter Construction Group [1999] NTSC 143, Issue #184 p7, 8Gledhill v Scotia Property Maintenance Pty Ltd [2019] VCAT 422, Issue #187 p16, 17, 18Glen Water Ltd v Northern Ireland Water Ltd [2017] NIQB 20, Issue #187 p40Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27, Issue #185 p58Globe Motors Inc v TRW LucasVarity Electric Steering [2016] EWCA Civ 396, Issue #187 p39Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWCA 276, Issue #184 p140, 41


CASES

Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWSC 1229, Issue #184 p41Greco v Basiri (Building and Property) [2019] VCAT 555, Issue #186 p53Greenwood Futures Pty Limited v DSD Builders Pty Limited [2018] NSWSC 1407, Issue #184 p42Grosvenor Constructions (NSW) Pty Limited (in admin) v Musico & Ors [2004] NSWSC 344, Issue #185 p56Hakea Holdings Pty Ltd v Denham Constructions Pty Ltd [2016] NSWSC 1120, Issue #185 p56Hall & Shivers v Jan Van Der Heiden [2010] EWHC 586 (TCC), Issue #186 p28Hall Street Associates LLC v Mattel Inc 552 US 57 (2008), Issue #187 p13Halpern v Halpern [2007] EWCA Civ 291, Issue #187 p9Hillas & Co Ltd v Arcos Ltd (1932) 147 LT 503, 515; 43 Ll LR 359, Issue #185 p9, 10, 14Humber Oils Terminal Trustees Ltd v Hersent Offshore Ltd (1981) 20 BLR 16, Issue #187 p59Immer (No 145) Pty Ltd v Uniting Church of Australia Property Trust (NSW) (1993) 182 CLR 26, Issue #189 p26IPN Medical Centres Pty Ltd v Van Houten [2015] QSC 204, Issue #186 p49IWD (No 2) Pty Ltd v Level Orange Pty Ltd [2012] NSWSC 1493, Issue #188 p49J–Corp Pty Ltd v Mladenis [2009] WASCA 157, Issue #186 p50, 52JM Kelly (Project Builders) Pty Ltd v Toga Development No 31 Pty Ltd (No 5) [2010] QSC 389, Issue #185 p28Johnson v Agnew [1980] AC 367, Issue #189 p18Jones v Dunkel (1959) 101 CLR 298, Issue #185 p26Junior Books Ltd v Veitchi Co Ltd [1983] 1 AC 520, Issue #186 p10Kitchen Xchange v Formacon Building Services [2014] NSWSC 1602, Issue #184 p43Ku–ring–gai Council v Chan [2017] NSWCA 226, Issue #187 p17, 18Kyle Bay Removals Pty Ltd v Dynabuild Project Services Pty Ltd [2016] NSWSC 334, Issue #184 p43Laing O’Rourke Australia Construction v H&M Engineering & Construction [2010] NSWSC 818, Issue #184 p40, 41Lauritzen v Larsen 345 US 571 (1953), Issue #187 p9LB Merton v Stanley Hugh Leach Ltd (1985) 32 BLR 51, Issue #184 p6, 9Lendlease Engineering Pty v Timecon Pty Ltd [2019] NSWSC 685, Issue #188 p48, 50, 51Lien & Anor v Clontarf Residential Pty Ltd & Anor [2018] QSC 94, Issue #184 p48, 49Lissenden v CAV Bosch Ltd [1940] AC 412, Issue #189 p21Lodder v Slowey [1904] AC 442, Issue #188 p57LU Simon & Ors v Victorian Building Authority [2017] VSC 805, Issue #184 p21Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited [2019] FCA 1049, Issue #187 p48LW Infrastructure Pte Ltd v Lim Chan San Contractors Pte Ltd [2011] SGHC 163, Issue #186 p27, 28Machkevitch v Andrew Building Constructions Pty Ltd [2012] NSWSC 546, Issue #188 p48, 49Mackay v Dick (1881) 6 App Cas 251, Issue #187 p49Mann v Paterson Constructions Pty Ltd [2019] HCA 32, Issue #188 p56, 59Mantra Group Pty Ltd v Tailly Pty Ltd (No 2) [2010] FCA 291, Issue #184 p14Masters v Cameron [1954] HCA 72, Issue #186 p59Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5, Issue #184 p59; Issue #188 p49, 50


CASES

McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457, Issue #188 p57; Issue #189 p19Metacorp Australia Pty Ltd v Andeco Construction Group Pty Ltd & Ors (2010) 30 VR 141, Issue #189 p57, 58, 59Mitsubishi v Soler Chrysler–Plymouth 473 US 614 (1985), Issue #187 p12MKA Bowen Investments Pty Ltd v Carelli Constructions Pty Ltd [2019] VSC 436, Issue #189 p57, 58, 59Moorabool Shire Council v Taitapanui [2006] VSCA 30, Issue #186 p10Mouat v Clark Boyce (No 2) [1992] 2 NZLR 559 (CA), Issue #186 p29, 30, 31MT Højgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Limited & Anor [2017] UKSC 59, Issue #187 p20, 23, 24, 27Multiplex Constructions (UK) Limited v Honeywell Control Systems Limited (No 2) [2007] EWHC 447 (TCC), Issue #184 p8, 9; Issue #186 p42National Private Air Transport Services Company (National Air Services) Ltd v Creditrade LLP & Anor [2016] EWHC 2144 (Comm), Issue #187 p39Newland Shipping and Forwarding Ltd v Toba Trading FZC [2014] EWHC 661, Issue #189 p26, 27NH International v National Insurance Property Development Co Ltd [2015] UKPC 37, Issue #184 p6North Midland Building Ltd v Cyden Homes Ltd [2017] EWHC 2414 (TCC), Issue #184 p8North Midland Building Ltd v Cyden Homes Ltd [2018] EWCA Civ 1744, Issue #184 p9; Issue #186 p24O’Hagan v Body Corporate 189855 [2010] NZCA 65, Issue #186 p29, 30, 31Obrascon Huarte Lain v Attorney General for Gibraltar [2014] EWHC 1028 (TCC), Issue #184 p6Okaroo Pty Ltd v Vos Construction and Joinery Pty Ltd [2005] NSWSC 45, Issue #188 p48, 49Onethree Pty Ltd v Seaman [2018] NSWCATCD 83, Issue #186 p49Pavey & Matthews v Paul (1987) 162 CLR 221, Issue #188 p50Petromec Inc v Petroleo Brasileiro SA Petrobras (No 3) [2005] EWCA Civ 891; [2006] 1 Lloyd’s Rep 161, Issue #185 p12, 13Photo Production Ltd v Securicor Transport [1980] AC 827, Issue #189 p19Portsmouth City Council v Ensign Highways Ltd [2015] EWHC 1969 (TCC), Issue #187 p39Prime Sight Ltd v Lavarello [2013] UKPC 22; [2014] AC 436, Issue #185 p8Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2016] NSWSC 770, Issue #185 p55RJ Neller Building Pty Limited v Ainsworth [2009] 1 Qd R 390, Issue #184 p44Royscot Trust Ltd v Rogerson [1991] 2 QB 297, Issue #185 p46Ruxley Electronics & Construction Ltd v Forsyth (1996) 1 AC 344, Issue #186 p11RW Health Partnership Pty Ltd v Lendlease Building Contractors Pty Ltd & Anor [2019] VSC 353, Issue #187 p54, 55Ryledar Pty Ltd v Euphoric Pty Ltd (2007) 69 NSWLR 603, Issue #185 p23SafeWork NSW v The Austral Brick Co Pty Limited [2018] NSWDC 387, Issue #185 p59Sargent v ASL Developments (1974) 131 CLR 634, Issue #189 p18, 23Seadrill Ghana Operations Limited v Tullow Ghana Limited [2018] EWHC 1640 (Comm), Issue #186 p25Searle v Commonwealth of Australia [2019] NSWCA 127, Issue #186 p40, 41Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd [1979] HCA 51, Issue #187 p49Sentinel Robina Office Pty Ltd v Clarence Property Corporation Ltd [2018] QCA 314, Issue #184 p48, 49


CASES

Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq) [2019] NSWCA 11, Issue #185 p22, 26, 52, 53, 54, 55, 57Shearson/American Express Inc v McMahon 482 US 220 (1987), Issue #187 p12, 13Shell Egypt West Manzala GMBH v Dana Gas Egypt Ltd [2010] EWHC 465, Issue #189 p24, 27Silent Vector Pty Ltd t/as Sizer Builders v Squarcini [2008] WASC 246, Issue #186 p50, 51Simic v New South Wales Land and Housing Corporation [2016] HCA 47, Issue #185 p22, 23SMART Technologies ULC v Electroboard Solutions Pty Ltd [2017] ABQB 559, Issue #187 p13Société PT Putrabali Adyamulia v Société Rena Holding et Société Moguntia Est Epices (2007) Revue de l'Arbitrage 507, Issue #187 p7Sopov v Kane Constructions Pty Ltd (No 2) (2009) 24 VR 510, Issue #188 p56, 57Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd [2016] HCA 52, Issue #185 p53, 57; Issue #189 p58, 59Steria Ltd v Sigma Wireless Communications Ltd [2007] EWHC 3454 (TCC), Issue #184 p8Stocznia Gdanska SA v Latvian Shipping Co (No 3) [2002] EWCA Civ 889, Issue #189 p21, 22Stocznia Gdynia SA v Gearbulk Holdings Ltd [2008] EWHC 944, Issue #189 p23Style Timber Floor Pty Ltd v Krivosudsky [2019] NSWCA 171, Issue #187 p15Sumpter v Hedges [1898] 1 QB 673, Issue #188 p59Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] 236 CLR 272, Issue #186 p11Tamil Nadu Electricity Board v ST–CMS Electric Company Private Limited [2007] EWHC 1713 (Comm), Issue #187 p6 The Kanchenjunga [1990] 1 Lloyds Reports 391, Issue #189 p18The Lottawanna 88 US 558 (1874), Issue #187 p8The Progressive Mailing House Pty Ltd v Tabali Pty Ltd (1985) 157 CLR 17, Issue #189 p25, 26The Trustee for Allway Unit Trust t/as Westside Mechanical Contracting Pty Ltd v R&D Air Conditioning Pty Ltd & Ors [2018] SASC 46, Issue #189 p58Thiess Pty Ltd v FLSMIDTH Minerals Pty Ltd [2010] QSC 006, Issue #185 p22, 25Timeload v British Telecommunications Plc [1995] EMLR 459 (CA), Issue #189 p25Triple Point Technology Inc v PTT Public Company Ltd [2019] EWCA Civ 230, Issue #186 p26, 27, 28Turner Corporation Limited (Receiver & Manager Appointed) v Austotel Pty Limited 13 BCL 378, Issue #186 p48United Group Rail Services Ltd v Rail Corp New South Wales (2009) 74 NSWLR 618, Issue #185 p12, 13United Mexican States v Cargill Inc (2011) 107 OR (3d) 528, Issue #187 p13Victorian Building Authority v Andriotis [2019] HCA 22, Issue #188 p46Virk Pty Ltd (in liq) v YUM! Restaurants Australia Pty Ltd [2017] FCAFC 190, Issue #184 p49Walford v Miles (1991) 62 P & CR 410, Issue #185 p10, 11, 12, 13, 15Walford v Miles [1992] 2 AC 128; [1992] 2 WLR 174; [1992] 1 All ER 453, Issue #187 p41Walton Construction Pty Ltd v Illawarra Hotel Co Pty Ltd [2011] NSWSC 534, Issue #187 p49Waters Lane Pty Ltd v Sweeney [2007] NSWCA 200, Issue #189 p26White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166, Issue #188 p36Wilko v Swan 346 US 427 (1953), Issue #187 p12Yam Seng Pte Ltd v International Trade Corp Ltd [2013] EWHC 111 (QB), Issue #187 p38, 39


LEGISLATION

Aboriginal Heritage Act 2006 (Vic), Issue #189 p39UNIDROIT/ALI Principles of Trans–National Civil Procedure Law 2014, Issue #187 p8Arbitration Act 1996 (UK), Issue #187 p9, 10, 11Arbitration Act 2005 (Malaysia), Issue #184 p52Architects Act 1991 (Vic), Issue #189 p50Asian International Arbitration Centre Fast Track Arbitration Rules, Issue #184 p52Asian International Arbitration Centre Mediation Rules 2018, Issue #184 p52Asian International Arbitration Centre Rules, Issue #184 p52Biodiversity Conservation Act 2016 (NSW), Issue #187 p44Builders Lien Act SBC 1997 (British Columbia), Issue #187 p52Building (Amendment) Regulations 2018 (UK), Issue #184 p37Building Act 1993 (Vic), Issue #184 p20, 21, 23, 24, 35, 36; Issue #186 p6, 8; Issue #187 p16, 17, 18; Issue #188 p46, 47; Issue #189 p38, 50, 51, 52, 53Building Act 2016 (Tas), Issue #184 p31, 32Building Amendment (Cladding Rectification) Bill 2019 (Vic), Issue #189 p48Building Amendment (Enforcement and Other Measures) Act 2017 (Vic), Issue #184 p20Building Amendment (Enforcement and Other Measures) Bill 2016 (Vic), Issue #189 p38Building Amendment (Registration of Building Trades and Other Matters) Act 2018 (Vic), Issue #189 p50, 51Building Amendment (Registration of Building Trades and Other Matters) Bill 2018 (Vic), Issue #184 p20Building and Construction Industry Long Service Payments Act 1986 (NSW), Issue #187 p44Building and Construction Industry Payments Act 2004 (Qld), Issue #184 p57Building and Construction Industry Security of Payment Act 1999 (NSW), Issue #184 p11, 38, 42, 54; Issue #185 p26, 52; Issue #186 p38; Issue #187 p15, 44, 45, 46, 51, 52; Issue #188 p48, 49, 50; Issue #189 p54, 55, 59Building and Construction Industry Security of Payment Act 2002 (Vic), Issue #185 p53; Issue #189 p57, 58, 59Building and Construction Industry Security of Payment Amendment Act 2018 (NSW), Issue #184 p54, 55, 56; Issue #186 p38; Issue #187 p43, 44, 46, 50, 51Building and Construction Industry Security of Payment Amendment Regulation 2019 (NSW), Issue #186 p38, 39Building and Construction Industry Security of Payment Regulation 2008 (NSW), Issue #184 p56, 57; Issue #186 p38; Issue #187 p50, 52, 53Building and Construction Legislation (Non–Conforming Building Products—Chain of Responsibility and Other Matters) Amendment Act 2017 (Qld), Issue #184 p35, 39; Issue #185 p39Building and Development Certifiers Act 2018 (NSW), Issue #185 p38Building and Other Legislation (Cladding) Amendment Regulation 2018 (Qld), Issue #184 p16, 27, 28Building Industry Fairness (Security of Payment) Act 2017 (Qld), Issue #184 p57Building Industry Fairness (Security of Payment) Bill 2017 (Qld), Issue #184 p57Building Legislation (Miscellaneous Amendments) Bill 2018 (Tas), Issue #184 p31Building Products (Safety) Act 2017 (NSW), Issue #184 p24, 25; Issue #185 p39; Issue #187 p44, 45, 46; Issue #189 p46Building Regulation 2006 (Qld), Issue #184 p27Building Regulations 2006 (Vic), Issue #186 p6Building Regulations 2016 (Tas), Issue #184 p31, 32


LEGISLATION

Building Regulations 2018 (Vic), Issue #184 p20; Issue #186 p6, 8Commercial Arbitration Act 2011 (Vic), Issue #187 p54Commercial Arbitration Act 2013 (Qld), Issue #187 p56Confiscation Act 1997 (Vic), Issue #189 p38Construction Industry Payment and Adjudication Act 2012 (Malaysia), Issue #184 p52Contaminated Land Management Act 1997 (NSW), Issue #187 p44Convention of 2005 on Choice of Court Agreements (Hague Convention), Issue #186 p57; Issue #187 p11Corporations Act 2001 (Cth), Issue #185 p54, 55; Issue #186 p32Customs Act 1901 (Cth), Issue #184 p37Customs Amendment (Safer Cladding) Bill 2017 (Cth), Issue #184 p18Development (Building Cladding) Variation Regulations 2018 (SA), Issue #184 p30Development Regulations 2008 (SA), Issue #184 p30Domestic Building Contracts Act 1995 (Vic), Issue #185 p32, 34, 35; Issue #186 p53; Issue #187 p16; Issue #188 p56, 58; Issue #189 p38Electoral Act 1918 (Cth), Issue #185 p20Engineers Registration Bill 2018 (Vic), Issue #185 p40Environmental Planning and Assessment Act 1979 (NSW), Issue #184 p26; Issue #189 p47Environmental Planning and Assessment Amendment (Fire Safety and Building Certification) Regulation 2017 (NSW), Issue #184 p26Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2018 (NSW), Issue #184 p26Environmentally Hazardous Chemicals Act 1985 (NSW), Issue #187 p44Explosives Act 2003 (NSW), Issue #187 p44Fair Work Act 2009 (Cth), Issue #187 p19; Issue #189 p56Federal Arbitration Act 1925 (US), Issue #187 p12, 13Foreign Influence Transparency Scheme Act 2018 (Cth), Issue #185 p19Foreign Judgments Act 1991 (Cth), Issue #188 p41Government Procurement (Judicial Review) Act 2018 (Cth), Issue #186 p22Heritage Act 2017 (Vic), Issue #189 p35Home Building Act 1989 (NSW), Issue #184 p26; Issue #187 p17, 44, 50; Issue #188 p49Home Building Amendment (Cladding) Regulation 2018 (NSW), Issue #184 p26Income Tax Assessment Act 1997 (Cth), Issue #184 p36International Arbitration Act 1974 (Cth), Issue #188 p41International Arbitration Rules of the Korean Commercial Arbitration Board 2016, Issue #189 p9International Bar Association Rules on Taking of Evidence in International Arbitration 2010, Issue #189 p11, 12International Chamber of Commerce Arbitration Rules, Issue #187 p9International Institute for the Unification of Private Law (UNIDROIT) Principles of International Commercial Contracts 2016, Issue #187 p8International Rules for the Interpretation of Trade Terms 2010 (Incoterms), Issue #187 p8Judiciary Act 1903 (Cth), Issue #187 p7


LEGISLATION

Limitation of Actions Act 1958 (Vic), Issue #187 p17, 18Local Government Act 1989 (Vic), Issue #184 p21, 22Mediation Rules of Vietnam Mediation Centre 2018, Issue #188 p13Mining Act 1992 (NSW), Issue #187 p44Miscellaneous Act Amendment (Directors’ Liability) Act 2012 (NSW), Issue #187 p43Misrepresentation Act 1967 (UK), Issue #185 p42, 45, 46, 47Modern Slavery Act 2018 (Cth), Issue #186 p32Modern Slavery Act 2018 (NSW), Issue #186 p35Mutual Recognition Act 1992 (Cth), Issue #188 p46Occupational Health and Safety Act 1984 (WA), Issue #187 p19Occupational Licensing (Building Services Work) Regulations 2016 (Tas), Issue #184 p32Occupational Licensing Act 2005 (Tas), Issue #184 p32Owners Corporation Act 2006 (Vic), Issue #184 p22Personal Property Securities Act 2009 (Cth), Issue #188 p39Planning Act 2016 (Qld), Issue #184 p28Planning and Environment Act 1987 (Vic), Issue #189 p35, 36, 38Prague Rules on the Efficient Conduct of Proceedings in International Arbitration 2018, Issue #189 p11, 12Professional Engineers Act 2002 (Qld), Issue #185 p40Professional Engineers Registration Act 2019 (Vic), Issue #189 p50, 51, 52, 53Protection of the Environment Operations Act 1997 (NSW), Issue #187 p44, 46Public Contracts Regulations 2015 (UK), Issue #186 p23Queensland Building and Construction Commission Act 1991 (Qld), Issue #188 p47Racketeer Influenced and Corrupt Organisations Act 1970 (US), Issue #187 p12Residential Building Work Contracts and Dispute Resolution Regulations 2016 (Tas), Issue #184 p32Securities Exchange Act 1934 (US), Issue #187 p12State Environment Planning Policy Amendment (Exempt Development—Cladding and Decorative Work) 2018 (NSW), Issue #184 p27Subcontractors’ Charges Act 1974 (Qld), Issue #184 p57UNCITRAL ‘Model Law’ on International Commercial Arbitration, Issue #187 p10, 11; Issue #189 p14UNCITRAL Rules on Transparency in Treaty–based Investor–State Arbitration (New York, 2014), Issue #189 p10Unfair Contract Terms Act 1977 (UK), Issue #187 p52; Issue #189 p25United Nations Convention on International Settlement Agreements Resulting from Mediation 2019 (Singapore Mediation Convention), Issue #186 p56, 57, 58, 59; Issue #188 p6, 7, 8, 9, 10, 11, 12, 13, 14United Nations Convention on the Recognition and Enforcement of Foreign Arbitration Awards 1958 (New York Convention), Issue #186 p56, 57, 58, 59; Issue #187 p11, 12, 13; Issue #188 p11, 12, 15, 41; Issue #189 p14Urban Drainage (General) Regulations 2016 (Tas), Issue #184 p32Water NSW Act 2014 (NSW), Issue #187 p44Work Health and Safety Act 2011 (NSW), Issue #185 p59Work Health and Safety Act 2011 (Qld), Issue #189 p56Wrongs Act 1958 (Vic), Issue #185 p35; Issue #186 p11, 12, 13, 14, 16


STANDARDS AND CONTRACTS

AS 1530.1–1994, Issue #184 p25, 37AS 2118–2017, Issue #184 p20AS 2125–1992, Issue #188 p23AS 2870–2011, Issue #186 p6AS 3600–2018, Issue #186 p15AS 4000–1997, Issue #188 p23, 24; Issue #189 p55AS 4300–1995, Issue #188 p23, 24AS 4902–2000, Issue #189 p55AS 5113–2016, Issue #184 p19, 25AS/NZS 3500.1.2003, Issue #186 p16FIDIC Emerald Book 2019, Issue #186 p46, 47FIDIC Golden Principles–2019, Issue #188 p33FIDIC Red Book 1987, Issue #184 p6; Issue #186 p42FIDIC Red Book 1999, Issue #184 p9; Issue #186 p43, 45; Issue #188 p34FIDIC Red Book 2017, Issue #184 p9; Issue #186 p43, 45; Issue #188 p34FIDIC Yellow Book 2017, Issue #186 p46, 47JCT Standard Form Contract–1963, Issue #188 p33NEC3, Issue #184 p50NEC4, Issue #184 p50

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INDEX 2019 [acln.com.au] · 4 AUSTRALIAN CONSTRUCTION LAW NEWSLETTER INDEX 2019 AUTHORS Alden,...

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