This article has been published as Chan, Two vexed issues in arbitration — The joinder of third parties and the arbitrability of indemnity issues — (2021) 31 ILJ 85.  It looks at the approach of Australian courts to the extended definition of ‘party’ contained in the International Arbitration Act 1974 (Cth) and the domestic Commercial Arbitration

Confidence in the New South Wales (NSW) residential apartment building market following the highly publicised structural failures in the Opal Tower and Mascot Tower is at an all-time low. However, even prior to these two highly publicised failures, there had been a “cladding crisis” in Australia following the Lacrosse building fire in Melbourne in November

Australia and most of the world have a poor track record in delivering major infrastructure projects on time and on budget. 1 With infrastructure projects expected to be a key aspect of the economic recovery following the COVlD-19 pandemic, 2 the need to adopt a different project delivery model is more pressing than ever. Prior

Mann v Paterson Constructions Pty Ltd was the first time that the High Court considered the issue of whether a claim in restitution for reasonable remuneration (quantum meruit) is available when a building contract is discharged following a repudiation. In Australia, intermediate appellate courts for the last three decades had determined that an innocent party

In Icon Co (NSW) Pty Ltd v Liberty Mutual Insurance Company Australian Branch (t/as Liberty Specialty Markets), 1 Icon sought declarations from the first respondent (Liberty), its contract works and third party liability insurer, and the second respondent (QBE), its product liability insurer that it was entitled to indemnity under the two policies of insurance.

I understand from Kerrie that the flyer for tonight has 2 topics of discussion. I have chosen to talk about confidentiality in special projects. By that I mean the construction of prisons, military bases, military installations, nuclear power stations and even terrorist training camps and any other projects where security, whether national or otherwise, is