The construction of contracts
Author: J W Carter
The principal objective of this paper is to present an
overview of the general principles which regulate the construction of
commercial contracts. Because it was first presented in a public lecture in New
Zealand, particular reference is made to the position taken in decisions of the
Supreme Court of New Zealand over the past five years.
Within the framework of general principle, the paper
identifies the problems which practitioners face when giving construction
opinions. Since it suggests that some assistance can be gained from viewing
construction as a process which goes through various stages, the paper
summarises the key features of each stage.
Councils and illegal building work
Author: Dr Steven Berveling
This paper will consider the various methods of undertaking
legitimate building work; various certificates that can be obtained with
respect to legitimate building work; and also it will consider the
ramifications of illegal building work and how that might be ‘legitimised’.
By definition, this paper can only provide an introduction
to the topic. It is anticipated that the reader will research for further
information.
The major piece of legislation in New South Wales which
currently governs building work is the Environmental Planning and Assessment
Act 1979 (‘the EP&A Act’). This Act was dramatically amended with effect
from 1 July 1998. Prior to that date, the Local Government Act 1993 also had a
major role to play. Subsidiary roles were undertaken by various other pieces of
legislation such as, for example, the Local Government Act 1919 (relating to
subdivision approvals).
Competition policy review: navigating the labyrinth
Author: Christopher C Hodgekiss SC
This paper is based on the Draft Report of the Competition
Policy Review, led by Professor Ian Harper, which was produced on 22 September
2014.
It is expected that the Final Report will be presented to
the Government in March 2015.
However, it is likely that a significant part of the Draft
Report will be reproduced in the Final Report and, therefore, by discussing
issues raised in the Draft Report I hope to highlight the possible changes to
Competition Law and the impact those changes are likely to have on
practitioners and clients.
The construction of commercial contracts
By J W Carter
page
3
Councils and illegal building work
By Dr Steven Berveling
page
13
Competition Policy Review: navigating the labyrinth
By Christopher C Hodgekiss SC
page
21