Please see the report here.
The report recommends a change in the law to prevent the enforceability of onerous/unreasonable time bars, and refers to (and partly adopts) the proposal for legislative intervention contained within the Brooking Prize paper.
The research paper, titled “Locked behind Time Bars”, discussed the topic of contractual time bars in common law jurisdictions, and the need for legislative intervention to overcome situations of obvious unfairness that the common law is ill-equipped to redress. Antoine and Raeesa were invited to speak at the 2017 Society of Construction Law Australia National Conference on the subject. Please click here for more background on the research paper and award.
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