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The Brooking Prize

2017 Brooking Prize – results

The Society offers the Brooking Prize annually for the best essay submitted in the field of construction law. It is named after The Hon Robert Brooking AO QC in recognition of his Honour’s pioneering contribution to the study and practice of construction law in Australia.
The Society is delighted to announce the following results in the 2017 Brooking Prize:

Entry

Author/s

Result

Locked behind Time Bars

Antoine Smiley (UK/ NSW), Raeesa Rawal (Germany/ NSW)

BROOKING PRIZE

Incorporating Active Risk Management in Construction Contracts

Kevin Pascoe (QLD)

BROOKING STUDENT PRIZE

Political Flim-Flam or Ground-Breaking Reform?  A comment on the Code for the Tendering and Performance of Building Work 2016

Elizabeth Pearson (NSW)

HIGHLY COMMENDED: GENERAL DIVISION

Terrorism as an Unforeseen Intervening Event in International Construction Projects

Tina Funge (NSW)

HIGHLY COMMENDED: STUDENT DIVISION

Does Equity Undermine Construction Contract risk?

now published at (2017) 175 ACLN 44 

Chris Lenz (QLD)

COMMENDED: GENERAL DIVISION

Is a DAB Member Appointment Enforceable if One/ Both Parties Do(es) Not Sign a Dispute Adjudication Agreement in Connection with FIDIC Contracts?

Laura Lintott (UK)

COMMENDED: GENERAL DIVISION

Factoring in a Change to Infrastructure Delivery

Justin O’Callaghan,
Lucy Munt (QLD)

COMMENDED: GENERAL DIVISION

Prospective Analysis – What does it Mean?

Mark Griffiths (NSW)

COMMENDED: GENERAL DIVISION

Reviving the Victorian Adjudication Review Mechanism

An expanded version of this paper is published in (2017) 33 Const. L.J 291.

Samer Skaik (VIC)

COMMENDED: STUDENT DIVISION

The Society thanks everyone who entered this year’s competition and congratulates all recipients of Prizes and Commendations. Information about the 2018 Brooking Prize will be posted at www.scl.org.au later this year.

Matthew Bell Chair, Academic Subcommittee 20 June 2017


Past Brooking Prize Results


2016 Brooking Prize REsulTS

Author

Topic

RESULT

Thomas Ho (Hong Kong)

Against Cavendish: Towards a procedural conception of the penalty doctrine

       Revised version published at (2016)  33(4) International Construction Law Review 452

BROOKING PRIZE

Alisa Taylor (ACT)

With great power there must also come - great responsibility:  Reining in unbridled expert determinations

BROOKING STUDENT PRIZE

Adrian Baron (QLD)

Defective buildings and pure economic loss claims: the return to an exclusionary rule?

         Published at (2016) 32 BCL 233

HIGHLY COMMENDED (GENERAL DIVISION)

William Marshall (Dubai)

Keeping the faith – in support of the good faith clause and definition in the draft Australian Standards 11000 construction contract

Published at (2016) 168 Australian Construction Law Newsletter 14

HIGHLY COMMENDED (GENERAL)

Raeesa Rawal (VIC)

Back to the in futuro: Preserving parties’ contractual rights and remedies after termination

HIGHLY COMMENDED (GENERAL)

Samer Skaik (VIC)

Taking statutory adjudication to the next level: legislative review mechanisms of erroneous determinations

    Published at
    International
    Construction Law
    Review Journal
    (2016) Volume 33,
    part 3, p 287

HIGHLY COMMENDED (STUDENT DIVISION)

Michael Van Der Ende (WA)

Dispute Boards in Public Private Partnerships: Best practice or an impossible dream?

 Published at (2016) 32 BCL 300

HIGHLY COMMENDED (STUDENT)

Maria Farrar (WA)

Difficulties with harmonisation of security of payment legislation across Australia – is federalism a friend or foe?

COMMENDED (GENERAL)

Chris Horsfall (VIC)

Expert determination: Beyond the law?

COMMENDED (GENERAL)

Sean Kelly (VIC)

The interpretation of commercial suretyship obligations: Recent trends in the application of the strictissimi juris rule

COMMENDED (GENERAL)

Leighton Moon (VIC)

Security of payment claims in Victoria: possible developments in the law regarding disputed variations following Branlin and SSC Plenty

COMMENDED (GENERAL)

Andrew Stephenson and Jaclyn Smith (VIC)

Pure economic loss following Brookfield Multiplex v Owners Corporation Strata Plan 61288 (2014) 254 CLR 185

COMMENDED (GENERAL)

Jody Williams (VIC)

Sustainable construction: Developments and opportunities

COMMENDED (GENERAL)

Tracy Albin (WA)

The prevention principle: Do express words validate unconscionability?

COMMENDED (STUDENT)

James Millen

To what extent has case law separated the Australian and UK courts’ approach to global claims?

COMMENDED (STUDENT)

2015 PRIZE RESULTS

AUTHOR NAME/S

TOPIC

AWARD

William Marshall (UAE)

Delivering Infrastructure in the Developing World: Do International Investment Agreements provide adequate protection to foreign participants?

COMMENDED - GENERAL DIVISION

Josh Singer
(VIC)

Deconstructing the Courts' Approach to ConstructionCOMMENDED - GENERAL DIVISION
Rachel Ong
(VIC)

Retrospectivity and the Doctrine of Frustration

Published at [2015] International Construction Law Review 455.

HIGHLY COMMENDED - STUDENT DIVISION
Zan Mazharullah 
(VIC)

Confidentiality in International Arbitration: Towards Uniformity

HIGHLY COMMENDED - STUDENT DIVISION

 

2014 Prize Results

Author name/s

Topic

Award

Daniel Morris

Quo Vadimus: The Future of Restitutionary Quantum Meruit in Australian Construction Law

Published as 'Restitution sans rescission: Exposing the myth of a fallacy' at (2015) 89 Australian Law Journal 117

WINNER BROOKING PRIZE
Chris Harriss

Time Bars in construction contracts will not attract the Penalty Doctrine

Published at (2014) 157 Australian Construction Law Newsletter 23

HIGHLY COMMENDED - GENERAL DIVISION
Robby Bernstein and Andrew ArcherThe recovery of negligently inflicted pure economic loss – what is proximity, and why does it matter?HIGHLY COMMENDED - GENERAL DIVISION
Andrew RobertsonA comparative analysis of the legal approach in differing jurisdictions to the construction of contracts through the use of extrinsic evidenceHIGHLY COMMENDED - STUDENT DIVISION
Daniel ShawIndependence and Impartiality: an inadequacy of institutional arbitration rules under English lawCOMMENDED - GENERAL DIVISION
Jaclyn SmithThe case for exclusion of liability clauses in process contracts following Tercon Contractors Ltd v British Columbia (Transportation and Highways)COMMENDED - GENERAL DIVISION

2013 Prize Results

AUTHOR NAME/S

AUTHOR LOCATION

TOPIC

AWARD

Brian MasonMelbourne

Why the sound and fury? Enforcing security of payment judgment debts

Published at (2013) 29(5) Building and Construction Law 372

JOINT WINNER BROOKING PRIZE
Jean Hamilton-SmithBrisbane

Kable, and the Constitutional Validity of the Building and Construction Industry Payments Act 2004 (Qld)

Published at (2013) 29(6) Building and Construction Law 452

JOINT WINNER BROOKING PRIZE
Patrick EastonMelbourne

Penalties Percolating Through the Construction Industry

Published at (2013) 29(3) Building and Construction Law 233

WINNER BROOKING STUDENT PRIZE
Ilsa Kuiper, Dr Dominik HolzerMelbourneRethinking the contractual context for Building Information Modelling (BIM) in the Australian built environment industryHIGHLY COMMENDED – GENERAL DIVISION
Raeesa Rawal, Luci GeorgesonMelbourneRegulating the Great War: Are Stricter Industrial Relations Laws Needed for the Construction Industry?HIGHLY COMMENDED – STUDENT DIVISION
Justin O'CallaghanBrisbaneCompletion WindowsCOMMENDED – GENERAL DIVISION
Matthew CocklinLondon, UKInternational approaches to the legal analysis of concurrent delay.  Is there a solution for Australian law?COMMENDED – GENERAL DIVISION
Dr Oluwole Alfred OlatunjiPerthBuilding Information Modelling and Intellectual Propertization: A Revolutionary Nirvana or a Disillusionment?COMMENDED – GENERAL DIVISION
Sandeeka Mannakkara, Dr Suzanne WilkinsonAuckland, NZThe impact of post-disaster legislative and regulatory changes on the recovery of the built environmentCOMMENDED – GENERAL DIVISION
Dr Devin S LinHong Kong

No Way, No How, No Leapfrog— Recent Developments on Direct Payment Claims by Nominated Subcontractors

Published in a revised version at [2014] International Construction Law Review 159

COMMENDED – STUDENT DIVISION
Jaclyn SmithMelbourne

Buyer Beware? The Current Australian Position on the Liability that a Contractor Owes to a Subsequent Owner of a Building

Published at (2013) 150 Australian Construction Law Newsletter 50

COMMENDED – STUDENT DIVISION

2012 Prize results

At the dinner for the International Construction Law Conference in Melbourne on 7 May 2012, the following results were announced by the Hon Robert Brooking AO QC:

Author name/s

Author location

Topic

Award

David TrinderPerth

Deconstructing Constructive Acceleration

BROOKING PRIZE 2012
Brian MasonMelbourne

On Proprietary Trespass: The Availability and Application of Hypothetical Bargain Damages

BROOKING STUDENT PRIZE 2012
Laura TeodorescuUnited Kingdom

Bribery Act 2010 and the Construction Industry or How Max Proffitt went to Prison

HIGHLY COMMENDED – GENERAL DIVISION
Sean F McCarthyCanberra

The Australian Construction Code of Ethics

COMMENDED – GENERAL DIVISION
Philip J EyreUnited Kingdom

Qclng Pipeline v Mcconnell Dowell: Opening the Door to Court Merit Review of the Adjudicator's Decision

COMMENDED – GENERAL DIVISION
Devin S. LinHong Kong

Legislating Floor Numbering in Hong Kong

Published at [2015] International Construction Law Review 173

COMMENDED – GENERAL DIVISION
Raeesa RawalMelbourne

The Making of the Ideal Construction Law Graduate: How Can Law Students Cover All Bases and Hit a Home Run?

COMMENDED – STUDENT DIVISION

2011 Prize results

At the function held in Melbourne on 19 May 2011, the following results were announced by the Hon. Robert Brooking AO QC:

Author name/s

Author location

Topic

Award

Mr Adrian Baron

Brisbane

The Search for the ‘Forgotten Tort’

COMMENDED

Mr Anders Axelson

Melbourne

Ministerial Call-In Powers in Relation to Construction Development Applications – A Comparison of Their Scope and Application in Victoria and the United Kingdom

COMMENDED

Dr Donald Charrett

Melbourne

A common construction law – or vive la difference?

Published at [2012] International Construction Law Review 72

COMMENDED

Ms Phebe Mann

Buckingham, UK

Is expert immunity from suit a thing of the past in construction law?

COMMENDED (STUDENT DIVISION)

Mr Dado Hrustanpasic

Melbourne

Time-bars and the prevention principle: using fair extensions of time and common-sense causation

Published at (2012) 28 Construction Law Journal 379

HIGHLY COMMENDED

In accordance with the advertised Prize rules, the Society exercised its discretion not to award a First or Second Prize this year.

2010 Prize results

The following sets out the results of the judging of the 2010 Brooking Prize as announced by the Hon. Robert Brooking AO QC at the Society’s inaugural conference in Perth on 19 June 2010.

Author name/s

Author location

Topic

Award

Trevor ThomasMelbourne 

Alliancing Contracts and Fiduciary Duties: Trust and Confidence in Relationship Contracting

Published at (2011) 28 International Construction Law Review 364

FIRST PRIZE
David UlbrickMelbourne 

No Dispute – testing the wisdom of Abrahamson

Published at (2010) 21 Insurance Law Journal 96

SECOND PRIZE
Moshe RossMelbourne 

The Status of the Prevention Principle

Published at (2011) 27 Construction Law Journal 15

HIGHLY COMMENDED
Justin O’CallaghanBrisbane Syndicating Performance Risk in Major ProjectsHIGHLY COMMENDED
Wayne JocicMelbourne Scholarship in Australian Construction LawCOMMENDED
Romauld AndrewMelbourne 

Fabrication of Unjust Enrichment

Published at (2010) 26 Building and Construction Law 314

COMMENDED
Sean McCarthyCanberra Ethics in ConstructionCOMMENDED
Teena ZhangMelbourne Rethinking Risk: Government Support for Debt Financing in PPPs Post GFCCOMMENDED
Phebe MannBuckingham, UK US Copyright Law in the Protection of intellectual Property Rights and Interests of Architects and EngineersCOMMENDED (STUDENT DIVISION)

 

Locked behind Time Bars

Incorporating Active Risk Management in Construction Contracts

Political Flim-Flam or Ground-Breaking Reform?  A comment on the Code for the Tendering and Performance of Building Work 2016

Terrorism as an Unforeseen Intervening Event in International Construction Projects

Does Equity Undermine Construction Contract risk?

Is a DAB Member Appointment Enforceable if One/ Both Parties Do(es) Not Sign a Dispute Adjudication Agreement in Connection with FIDIC Contracts?

Factoring in a Change to Infrastructure Delivery

Prospective Analysis – What does it Mean?

Reviving the Victorian Adjudication Review Mechanism

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