The impact of construction law on the construction professional: A personally contextualised exposition
Jessica Lambert
As I am a construction lawyer, I am not directly affected by construction law in my professional capacity. Rather, my clients, the construction professionals, are the ones who are directly impacted by it, be it through regulation, business ventures, or legal disputes. For this reason, this exposition will focus on an example involving the directors of a plumbing services company as the construction professionals, with a note on how the law in question has impacted the service I provide to my clients.
The Case
In this example (Walton Construction (Qld) P/L v Plumber by Trade P/L & Ors [2012] QSC 264), two licensed plumbers each set up a family trust and a company on their accountant’s advice (Plumbers) (Walton Construction (Qld) P/L v Plumber by Trade P/L & Ors (2012), paragraph 34). Each Plumber’s company was the trustee of that Plumber’¬s family trust, (Walton Construction (Qld) P/L v Plumber by
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While this was not a deciding factor in the way the lack of licence was, Her Honour found that “[t]his application relates to the validity of the payment claim and the adjudication decision.” (Walton Construction (Qld) P/L v Plumber by Trade P/L & Ors (2012), paragraph 52). However, it was an unnecessary obstacle that the Main Contractor easily exploited to delay and avoid paying the Partnership (Walton Construction (Qld) P/L v Plumber by Trade P/L & Ors (2012), paragraph
It was found in the primary court that Helen was not properly appointed as a director of LWC (Beck v L W Furniture Consolidated (Aust) Pty Limited (2011) NSWSC 235). This was not disputed in the Court of Appeal or the High Court (Weinstock, 48). In reaching this decision, Barrett J considered multiple factors, including Amiram’s status an...
On the 15th October, 1970, during its third year of construction, the Westgate Bridge collapsed killing 35 men. The section of the bridge that collapsed was a 128 meter span that was being worked on at the time. A royal commission was held to find what caused this disaster. It was found to be a critical engineering decision which was not handled correctly. This was due to poor communication between joint engineering companies contractors. If their indifferences and lack of communication was handled more professionally and ethically, Australia’s most devastating workplace disaster may have never of occurred.
Currently, XYZ Construction Inc. receives a majority of their contracts from the state government. The purpose of this essay is to analyze and discuss ethical and social issues, along with cultural diversity when expanding
9. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003). Legal Studies for Queensland, Volume 1, ForthEdition, Legal Eagle Publications: Queensland. 10. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003).
Andrews N, ‘Does a third party beneficiary have a right in English law?’ (1988) 8 Legal Studies 14
The NSW Criminal Justice System is adequate when dealing with young offenders; however, like any legal system it does have its limitations. The NSW Criminal justice system does uphold the rights of the young offender by providing juveniles with special courts under the Childrens Court Act 1987 (NSW) by providing special protections under the UN’s Convention on the Rights of the Child; the recognising of culpability in regards to the age of the young offender by implementing doli incapax and by arranging a variety of diversionary programs and alternative punishments. However, the limitations of the NSW Criminal justice system in relation to young offenders is Doli Incapax in the The Childrens (Criminal Proceedings Act 1987) NSW which fails to recognise more serious offenders and The Young Offenders Act allowance for youth justice conferencing is not being cultivated for a wide enough range of offenders, leading the exclusion of some young offenders from the benefits that conferencing can offer.
Explainer: The Shield Laws of Australia and New Zealand – A Comparison Shield Laws are designed to protect journalists in Court from charges of contempt if they refuse to reveal their confidential sources. However, depending on where you live certain Internet journalists and bloggers are precluded from this protection, Alexandra Davies explains Shield Laws – What are they? When a journalist is required to reveal confidential sources who supply them with information which that they published in the media, the journalist is faced with a legal and ethical dilemma.
In this scenario, Adela made a will and has appointed her solicitor, Russel Rance as an executor and trustee. In order for a trust instrument to be valid, it must show the certainty of intention, the certainty of subject matter and the certainty of objects. These requirements have been set up in many cases, for example, by Lord Langdale in Knight v Knight. It can be argued that the essence of a trust is to impose a binding obligation on the trustees . (a) In disposition ‘a’, Adela has directed Russell Rance to hold 500 of her shares in Rainbow Limited for Denzel, in the full conviction that he will sell and divide the proceeds equally among the children she has fostered.
The legal issue of constitution of trusts is very important, judicial decisions over the years on cases where trusts were not properly constituted indicates that constitution of trusts could be quite complex and must be very cautiously done by a property owner as a simple factor could make his trust void. An express trust is completely constituted either by effectively transferring property to trustees or by effectively declaring a trust. In case of personal property, the declaration of the trust may be put in writing; however, equity will not perfect an imperfect gift. It is only when the trust is constituted that it is binding on the settlor. The long-standing idea that equity will not perfect an imperfect gift can be traced back to the 19th century cases of Ellison v Ellison and Milroy v Lord , and was further emphasized in the 20th century in the case of Re Fry .
Even though his firm was only required to do civil engineering work, Giffels concluded that there was an unacceptable risk to the firefighters who would use the facility with the unresolved issues, so he began contacting other firms with experience handling similar contract projects, part of exercising due care to ensure they could enhance safety. The training facility met the minimum requirements of the law, but Giffels felt that it would be shirking the responsibility his firm has to the public by not callin...
The rule of law is also known as Nomocracy.Basically the concept of 'rule of law' is the outcome of the legal and political experience of people.Bracton ,He postulated that "The king shall not be subject to man,but to god and the law since law mankex the king".
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
A recent study conducted by Building Futures in association with RIBA surveyed the various demographics of the construction industry to establish their thoughts and opinions in regards to the state of architectural profession today, and in the future. The document identifies the concern that conventional building design is shifting from the architects to the various sub-contractors for a multitude of reasons [Jamieson, 2010: 12]. The most obvious being the increased complexity and required specialisation of the building elements, which will further require a specific workforce utilising other educational qualifications. It is ironic that under this opinion architects have reverted back to their initial scope-depth state, having expertise in all but specialising in none. One could contribute this back to Vitruvius, who prescribed an architect to have an expansive knowledge including philosophy, arithmetic and geometry amongst others skills, effectively indicating that an architect should be a jack of all trades and a master of none. Thus an argument could be presented that it is the very nature of our education system, the one that forces us to immerse ourselves superficially in all aspects of the project, that makes us suitable to evolve from a design profession to a managerial role, The issue then
Everyone know that Law is a system of rules which are developed in community with a aim to govern a society maintaining, justice, protect individuals and property. There are a lot of countries and they have own set of rules and norms including itself constitutional, criminal, contract, trust, international, tort, administrative and property. During the long time law improving and developing a lot and become more invulnerable and fair. Therefore, in a modern society and most of countries law has become similar with similar legal system. Nowadays there are several general types of legal system in the world and two main most popular of them, which had mostly spread through the world. They
The New South Wales Criminal trial and sentencing process is adequate in balancing the rights of the victims, offenders and society however like any legal system is does have its faults. The options in the trial and sentencing process are stipulated in the Criminal Procedure Act 1986, the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and the Crimes (sentencing procedure) Act 1999 which features the use of charge negotiation, rehabilitation, mitigating factors and intensive corrective orders.