Dispute boards and dispute resolution
Dr Donald Charrett (2013) 16(4) IHC 59; (2013) 25(3) ACLB 59 Key Points · “Full term” Dispute Boards in Australia using “without prejudice” processes have been very effective in avoiding disputes. · Dispute Boards can also provide a quick and cost effective method of ADR. · These dispute resolution capabilities can also be used by
- Published in Dispute Boards, Dispute Resolution Board
Built Environs Pty Ltd v Saunders International Ltd [2012] SASC 111
28 February 2013 Albert Monichino SC In Built Environs Pty Ltd v Saunders International Ltd [2012] SASC 111, White J of the Supreme Court of South Australia refused to adopt an arbitral award in a court-referred arbitration in a dispute concerning upgrade works at Olympic Dam in South Australia. This was because the arbitrator’s Award
- Published in Case Notes
The “best” method of resolution of construction disputes – elusive or illusory?
Dr Donald Charrett (2013) 1 ICLR 88. The argument about what is the “best” method of resolution of construction disputes has been a topic of discussion at recent construction law conferences, if perhaps somewhat tongue-in-cheek. The paper suggests some criteria that may make the search for the “best” method of DR for a particular
- Published in Dispute Boards
Aspects of Expert Evidence: Briefing of Experts and Finalising the Report
Albert Monichino SC IAMA Expert Evidence Seminar October 2012 This paper was presented at the Institute of Arbitrators and Mediators Australia “Expert Evidence Fundamentals: Tips and Traps” Seminar on 8 October 2012. It provides an overview of the laws and rules in respect of adducing expert evidence in civil cases and commercial arbitrations. It also
- Published in Expert Evidence
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