B U I L D I N G   D I S P U T E   P R A C T I T I O N E R S '   S O C I E T Y   I N C

Vic Discussion Evening

  • 24 Jun 2015
  • 18:30
  • RACV Club Level 2, 501 Bourke Street, Melbourne

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Building disputes over the past 30 years: challenges and reforms - where we have come from and where we might be going, with Mr Chris Edquist, Member of the Building and Property List at VCAT.

Building disputes have the potential to be very complex and technical, and therefore very expensive and time consuming.  In Victoria in 1972 the Government passed the Supreme Court (Building Cases) Rules 1972 which established the Building Cases List in the Supreme Court, the first such specialist list in Australia.  The origin and operation of these Rules was explained by Menhennitt J in CW Norris & Co Pty Ltd v World Services and Construction Pty Ltd [1973] VR 753.  In that case Menhennitt J stated at 755:

It is notorious that in many building cases proceedings have been bedevilled by complexity and detail, interlocutory proceedings have been tortuous and slow, trials have been long and expensive, the real issues have often emerged only during the course of the trial and parties, often both of them, have been disillusioned. What O.76 aims to do is avoid or minimize these hazards.

Chris Edquist has had over thirty years’ experience in major construction litigation, arbitration and ADR, and also as a drafter of major construction contracts.  Over that time he has experienced significant changes to the way in which Courts, Tribunals and disputing parties have attempted to manage the complexity and technicality of construction cases.  Mr Edquist will discuss these changes.  As a building lawyer with long experience who is now member of the specialist building list at VCAT, his observations will  provide valuable insight into how the problems of the past have shaped the present practices and procedures, and where things may be going in the future.



 

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