Paper and power point presented at MTECC Melbourne seminar on 3 June 2015. Further information can be downloaded: Download
(2013) 41 ABLR 314 In 1915 the House of Lords delivered reasons for judgment in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd in which it set out the applicable test and guidelines to determine whether a stipulated sum payable on breach of a contract was to be treated as liquidated
Richard Manly SC (2012) 28 Building and Construction Law 246 A stipulation in a commercial contract which provides for the payment by the breaching party of a specific or ascertainable sum of money on failure by that party to perform or comply with a contractual provision is commonly referred to as a “liquidated damages clause”.
- Published in Expert Evidence
30/06/12 Richard Manly SC (2012) V7 No 2 Construction Law International 35 On 5 December 2011, Justice Gordon of the Federal Court of Australia delivered an important judgment dealing with the penalty doctrine. The decision is reported as Andrews v ANZ  FCA 1376. The case was a representative action brought by three applicants on
Richard Manly SC (2011) 27 BCL 151 The Scott Schedule has been used as a management tool in complex building and construction disputes before the courts for more than 90 years. They are also popular tools for use in domestic and international arbitrations. The Rules of Court in England and Wales, the States and Territories
- Published in Miscellaneous Issues