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...Read More
In 2003 the NSW RTA awarded Lane Cove Tunnel Company (LCTC) the contract to plan, design, construct, operate and to maintain the Motorway for a period of 33 years with URS Australia in the role of Independent Verifier (IV). LCTC contracted with the Thiess John Holland Joint Venture (TJH) to plan, design, construct and commission...Read More
‘that uncertainty that appears necessarily to affect this area of the law if entitlement to damages is to depend upon [a] case-by-case application of a general policy, itself inflexible and ill-defined and dependent upon a survey of a quite variable group of considerations, many of which will be susceptible of the production of differing, subjective...Read More
Recent Developments in Pure Economic Loss (27/11/2013) – See also the chapter on professional liability in Bailey, Construction Law in Australia, Thomsen Reuters, 4th edition. In The Owners – Strata Plan No 61288 v Brookfield Australia Investments Ltd [2013] NSWCA 317 (the Brookfield case), developers had contracted with the builder to design and construct a 22 storey building consisting of both...Read More
