Melbourne Law School - Research Publications

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    Standard forms of contract in the Australian construction industry: Research report
    Sharkey, J ; Bell, M ; Jocic, W ; Marginean, R (Melbourne Law School, 2014)
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    The Health of the Australian Construction Industry
    Sharkey, J ; Greenham, P ; Bell, M ; Jocic, W ; Korolkova, J ; Hu, D (Melbourne Law School, 2020)
    The Construction industry in Australia generates over A$360 billion in revenue, producing around 9% of Australia’s Gross Domestic Product. In 2019, over 1.15 million people were employed in the construction industry (being 9.0% of the Australian workforce). Governments at all levels spend a significant amount on construction and infrastructure and this amount is increasing. Given this landscape, it is appropriate to pause and consider the health of the Australian construction industry. This research project did just that. The authors’ intention was to ‘take the temperature’ of the industry and identify areas which might benefit from further research and consideration, with a view to maximising the prospects of the community, and the industry, enjoying the best return it can on the very significant investment made in the industry.
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    Setting sail down under: the ICP at the 2017 IBA Annual Conference in Sydney
    Bell, M ; Jocic, W (International Bar Association, 2017)
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    Negligence Claims by Subsequent Building Owners: Did the Life of Bryan End Too Soon?
    BELL, M ; Jocic, W (Melbourne University Law Review Association, 2017)
    The 2014 High Court of Australia case Brookfield Multiplex Ltd v Owners Corporation Strata Plan No 61288 gave insights into the narrowed field within which a duty of care in negligence to prevent pure economic loss will be found. As recent cases and commentary have recognised, however, the Court’s approach is by no means unproblematic in its underlying assumptions and application. We argue, in particular, that the legislative scheme in existence across Australia is at present more a ‘patchwork quilt’ than ‘security blanket’ for vulnerable owners of residential properties. Thus, the common law's retreat from the field of liability is, we argue, premature.
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    SCL Academic Forum on Construction Law
    BELL, M ; Jocic, W (International Bar Association, 2016)
    In consultation with the Society of Construction Law and academic colleagues, the authors devised a half-day programme, delivered in São Paulo, Brazil on 13 September 2016, aimed primarily at assisting academic and practitioner colleagues from Latin America to set up and further develop construction law teaching programmes.