Subjects 2009
Construction Dispute Resolution (formerly Construction Arbitration and Litigation) 730757
- Credited Courses: Graduate Diploma in Construction Law 189; Graduate Diploma in Dispute Resolution 498; Master of Commercial Law 504; Master of Construction Law 195; Master of Laws (LLM) 502
Objectives
A student who has successfully completed this subject should:
- Understand the provenance of forms of dispute resolution in the construction industry
- Be familiar with and understand the legislation governing construction dispute resolution
- Be able to capably manage all stages of a construction litigation, arbitration, expert determination or adjudication
- Be able to critically assess and advise on different tactics and strategies for construction dispute resolution
- Be able to write clearly, concisely and logically on issues relating to construction litigation, arbitration and adjudication.
Syllabus
Principal topics will include:
- Residential construction disputes in Victoria Practice and procedure in the Supreme Courts of New South Wales and Victoria and the Federal Court of Australia, considering differences and assessing where best practice lies
- Domestic arbitration – legislative framework: Why it is currently out of fashion and how it can be improved
- International arbitration as an option for construction disputes: Why it is the superior form of dispute resolution for cross-border disputes and lessons that can be learnt from procedures developed in international arbitration. Includes discussion about enforcement of the agreement and awards issued by international arbitrators
- Expert determination – strengths and weaknesses
- Adjudication under New South Wales and Victorian Security of Payment legislation, comparing both to the schemes in the United Kingdom and other jurisdictions
- Proportional liability, contributory negligence, contribution and third parties.
