Energy & Natural Resources (Construction – International Arbitration) associates Antoine Smiley and Raeesa Rawal’s proposal for legislative intervention in the 2017 Brooking Prize paper on the enforceability of time bars, has been referenced in a report by John Murray, AO to the federal government of Australia, regarding a recommendation for legislation to be introduced at the federal level for the Building and Construction industry (e.g., a new security of payment act).

Related Professionals: Antoine K.F. Smiley

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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