Litigation and Case Law

Accessing Justice: Be the Master of Your Own Destiny in Commercial Disputes

In commercial disputes, the path to justice can often seem unfathomably convoluted and costly which has been criticized as being one of the major barriers in accessing justice in Australia. The reforms that led to the introduction of Civil Procedure Act 2010 (Vic) were intended to reduce these costs and promote efficiency in resolving disputes.ContinueContinue reading “Accessing Justice: Be the Master of Your Own Destiny in Commercial Disputes”

Can Proportionate Liability Legislation be excluded from construction contract?

Proportionate Liability legislation was introduced in response to the ‘insurance crisis’ of 2001-2002. Its purpose is to distribute the responsibility of compensating injured parties among all parties that may have contributed to the damage. The goal was to find a fair balance and prevent excessive insurance premium costs. In contractual agreements between a principal andContinueContinue reading “Can Proportionate Liability Legislation be excluded from construction contract?”

Can Clients avoid responsibility for the information they provide in Request for Tenders (RFTs)?

The case of Ipex ITG Pty Ltd v Melbourne Water Corporation [1] was litigated over a gruelling period of nine years between 2003 and 2013, primarily in the Supreme Court of Victoria, in part examining this question. It is common practice of water authorities, such as Melbourne Water, to enter into long-term contractual arrangements withContinueContinue reading “Can Clients avoid responsibility for the information they provide in Request for Tenders (RFTs)?”

Contracting Needs Better Contracts

It is no surprise to casual observers of the construction industry to learn that the industry is struggling to cope with delivering cost effective infrastructure in a timely fashion. There are a number of organisations like Australian Constructors Association (ACA) that are advocating for change in the industry and point to the economic uncertainty inContinueContinue reading “Contracting Needs Better Contracts”