Melbourne Law School - Research Publications

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    New rectification powers and a statutory duty of care in NSW: a game changer for resident safety?
    Bell, M ( 2020)
    Examines the statutory duty of care in the Design and Building Practitioners Bill 2020 (NSW) and the rectification orders power in the Residential Apartment Buildings (Compliance and Enforcement Powers) Bill 2020 (NSW).
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    VBA v Andriotis: Is interstate freedom of movement a threat to quality assurance in Australia’s construction industry?
    Bell, M ( 2019)
    In Victorian Building Authority v Andriotis, the full bench of the High Court of Australia found unanimously that the Victorian registration authority was precluded from having regard to the "good character" requirements of the Victorian Building Act in deciding whether to allow a NSW-registered building practitioner to be registered in Victoria. This note acknowledges that this result is inevitable given the primacy of the (Commonwealth) mutual recognition principles over state-based regimes. However, the tendency of those principles to allow (indeed, to require) cross-state registration based upon less rigorous standards in the first state is of concern given current lack of confidence in quality assurance across the Australian construction industry.
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    Don't Overlook Residents' Role in Residential Building Safety
    Bell, M (The Conversation Media Group, 2019)
    For many of us, the reality of Australian homes now sits many storeys up in the sky. High-rise apartment buildings have sprouted across the nation’s cities. In recent weeks – on Christmas Eve at the Opal Tower building in Sydney and on February 4 at the Neo200 Building in Melbourne – that reality has turned into the nightmare for hundreds of residents of being turned out of their homes with little more than the clothes they were wearing.
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    Cashflow is the "Lifeblood" of the Construction Industry: Has the High Court Applied a Tourniquet? Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd
    Bell, M (Melbourne Law School, 2016)
    The December solstice of 2016 was celebrated in diverse ways around the world. At Stonehenge, druids and pagans greeted the mid-winter dawn. In Australia, construction lawyers were digesting the first High Court judgment on the Building and Construction Industry Security of Payment Act 1999 (NSW): Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd [2016] HCA 52.