Construction Dispute Resolution

Subject LAWS70133 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

March, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Mr Andrew Stephenson

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

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.
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 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.
Assessment:

10,000 word research paper (100%) (28 June) on a topic approved by the subject coordinator
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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