Some Observations on the Use of Experts
David Levin QC & Ian Percy. Society of Construction Law Conference, Brisbane August 2011. Based on our experience, we favour the following approach to expert evidence in major litigation: Early involvement of the Court to assist the parties determine or to specify the matters to be the subject of expert evidence Experts of like discipline
- Published in Expert Evidence
The unsuccessful tenderer – legal rights and remedies
David Levin QC (2010) 26.5 BCL 324 Major construction contracts are usually preceded by an invitation to tender and a tender offer. In some situations the invitation may amount to nothing more than an invitation to treat. However, the tenderer often makes a major commitment by investing time and resources in providing a tender offer
- Published in Construction Contracts
The choice of dispute resolution and its implications for proportionate liability claims
David Levin KC (2010) Society of Construction Law Australia Conference David Levin KC delivered this paper at the Society of Construction Law Australia’s inaugural conference in Perth on 19 June 2010. 1. The GFC has highlighted the importance of risk assessment in investment decisions. 2. Risk assessment by parties to construction contracts may not fully
- Published in Proportionate Liability
It Takes Two to Tango: Judicial Encouragement of ADR
David Levin KC (2009) 28 The Arbitrator & Mediator 71 Further information can be downloaded: Download
- Published in ADR
Proportionate liability in arbitrations in Australia?
David Levin QC (2009) 25 BCL 298 This article [first published in (2009) 25 BCL 298] explores the vexed issue of whether proportionate liability legislation applies to arbitrations conducted under the Commercial Arbitration Acts. The Tasmanian Full Court has delivered its judgment in the Aquagenics appeal referred to in this paper. It is reported at [2010] TASFC 3.
- Published in Proportionate Liability
