Construction Litigation: Are We Doing it Better?

Melbourne University Law Review Vol. 35, pp. 933-970 (2011)

38 Pages Posted: 26 May 2013

See all articles by Paula Gerber

Paula Gerber

Monash University - Faculty of Law

Diana Serra

Monash University - Faculty of Law

Date Written: 2011

Abstract

This article provides the first in-depth scholarly examination of the substantive procedural reforms recently implemented in the Technology, Engineering and Construction List (‘TEC List’) of the Supreme Court of Victoria. The authors determine whether the rules governing construction litigation in Victoria represent world’s best practice by comparing them with the rules and procedures of the United Kingdom, which are generally regarded as world leading. The conclusion reached is that while the new rules in the TEC List are a step in the right direction, there is still room for significant improvement in this area.

Keywords: construction, litigation, discovery, pre-action protocols, expert evidence

JEL Classification: K41, K10, K4

Suggested Citation

Gerber, Paula and Serra, Diana, Construction Litigation: Are We Doing it Better? (2011). Melbourne University Law Review Vol. 35, pp. 933-970 (2011). Available at SSRN: https://ssrn.com/abstract=2270235

Paula Gerber (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Diana Serra

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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