Proportionate liability in arbitrations in Australia: Resolution of some uncertainties
David Levin KC (2013) 29.3 BCL 230 In an article written in mid-20091 this writer explored the somewhat vexed issue as to the applicability in commercial arbitrations in Australia of the various statutory provisions enacting proportionate liability in the various Australian States and Territories. Since the commercial arbitration legislation and the proportionate liability enactments each
- Published in Proportionate Liability
Must a payment claim be made in good faith?
David Levin KC & Luke Stanistreet (2012) 28.6 BCL 388. In 470 St Kilda Road Pty Ltd v Reed Constructions Australia Pty Ltd, Vickery J had the courage to dissent from his own earlier view. In dismissing the proceeding and declaring the adjudication determination valid under s 1 of the Building and Construction Industry Security
- Published in Security for payment
Curtin University of Technology v Woods Bagot Pty Ltd [2012] WASC 449
4 December 2012 David Levin QC In an article published in 2009 [1] I explored the vexed question of whether the various proportionate liability regimes established under Commonwealth and State laws applied to arbitrations conducted under the various Commercial Arbitration Acts (CAAs). I suggested that at some time it would be determined that proportionate liability
- Published in Case Notes
Forrest v ASIC; Fortescue Group Metals Ltd v ASIC [2012] HCA 39
7 November 2012 David Levin QC The facts are relatively simple to state. FMG was seeking to develop a mine a railway and a port to enable it to export the future mine output. It entered into three Framework Agreements, each with a Chinese entity. At different times it announced to the ASX and issued
- Published in Case Notes
Conflicts in construction law – acting for insurer and insured
David Levin KC & Megan Fitzgerald (2011) V6 No 4 Construction Law International 7. Lawyers are familiar with conflicts – not just those battles being fought by clients and their opponents, but legal conflicts between our duties to our clients and our other professional duties. Representing both insurer and insured may create professional conflicts. The
- Published in Insurance - Contractors All Risks