Dr Donald Charrett (2012) V15 No 10 Inhouse Counsel 317 Every construction project has a substantial element of design in it. The cost of design is generally a small proportion of the overall cost of a construction project, and a much smaller proportion of the life cycle cost of a project. However, as it is

Dr Donald Charrett (2012) V24 No8 ACLB 118 The following case notes by Dr Donald Charrett refer to three rulings made by J Forrest J in a case arising out of the disastrous bushfires in Victoria in 2009. In this large and complex case there were a number of experts giving evidence on a number

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

7 November 2012  Toby Shnookal SC This appeal concerned the proportionate liability provisions of Part IVAA of the Wrongs Act 1958 when considering an apportionment with a party vicariously liable for a negligent act. Such a party may be a concurrent wrongdoer.  The successful appeal was from a refusal to grant leave to amend a

7 November 2012  Laina Chan   The issue in the case was whether the Heads of Agreement entered into between the parties following mediation to resolve a dispute in relation to a purchase of shares and units in a unit trust was enforceable.  The purpose of the transaction was to secure for the appellants the

30 October 2012 Dr Donald Charrett The following case note refers to a ruling made by J Forrest J on aspects of the expert evidence process in a case arising out of the disastrous bushfires in Victoria in 2009. The claim was brought pursuant to Part 4A of the Supreme Court Act 1986 (Vic) by