Vol28 No4 December 2014-February 2015

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
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