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Construction Law Update, 2013 in review

by Toby Shnookal

BA (Toby) Shnookal SC BDPS Meeting in Melbourne on 20 November 2013.

The paper outlines the following significant developments relevant to the practice of construction law in Victoria: The Building Commission replaced by Victorian Building Authority. Dura v Hue – Parties to a contract intend discretionary decisions of superintendents to be final and binding. They can not be reviewed on their merits. Proportionate Liability: Hunt & Hunt v Mitchell Morgan Nominee Pty Ltd. Commercial Arbitration: Curtin University of Technology v Woods Bagot Pty Ltd. Subway Systems Australia Pty Ltd v Aaron Ireland Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd TCL Air Conditioner (Zhongshan) Co Ltd v Judges of the Federal Court of Australia. Adjudication: Sugar Australia Pty Ltd v Southern Ocean Pty Ltd Maxtra Constructions Pty Ltd v Gilbert Jothan Property Holdings Pty Ltd v Cooperative Builders Pty Ltd. Injunctions under AS 4000: Mainstream (Aust) Pty Ltd v Gilpip Projects Pty Ltd. Agreement to negotiate not enforceable: WTE Co Generation v Visy Energy Pty Ltd.

Watch this space:

Brookfield – Negligence, vulnerability and whether a D&C builder owes a duty of care to an owners corporation

Penalties: Andrews & Ors v ANZ Banking Group Limited

Domestic Building Industry Reform Strategy Brirek Industries,  an appeal from a County Court decision. Further information can be downloaded: Download


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