Brooking Prize

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.

Announcement of the 2021 Brooking Prize results

The Society is delighted to announce the following results in the 2021 Brooking Prize.

 

Paper title	Author	Result
The unilateral power to extend time:  Is discretion still the better part of valour? (now published at (2021) 200 Australian Construction Law Newsletter 22)	Jos Mulcahy (VIC)	Highly Commended - General Division
Welcome to the “party” – the scope of arbitration agreements and third party claims following Rinehart v Hancock Prospecting	Joshua Bridgett (VIC)	Highly Commended - General Division
Should Australia move to a hybrid model for the delivery of mega infrastructure projects?	Trevor Thomas (NSW)	Commended - General Division
Double the Trouble – Withdrawing Payment Claims and Section 13(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW).	Roy Leigh (NSW)	Commended - General Division
Addressing the elephant in the room: the inadequate adjudicator regulations in NSW now published at (2021) 37 Const. L.J., Issue 7 © 2021	Dr Samer Skaik (VIC)	Commended - General Division

 

Information about the 2022 Brooking Prize will be published here later in 2021.

 

Dr Matthew Bell (Chair, Judging Panel)

 

 

Past Brooking Prize Results

2020 Brooking Prize

For Fetter or Worse: The Fettering Doctrine in Government Building Contracts by Paul Tamburro (now published at (2021) 36 Building and Construction Law 433)

Highly Commended - General Division

Confusion reigns? The effectiveness of contractual provisions which seek to limit liability under the Australian consumer law by Joshua Bridgett

Highly Commended - Student Division

Cracking the Code: Claims, Consultants and Ethics in the Construction Industry by Petrina Macpherson

Commended - General Division

The Successful Delivery of Infrastructure Projects – Fantasy or an Achievable Reality? by Laina Chan

Construction disputes after COVID-19 - jaw-jaw or war-war?  by Dr Donald Charrett (Now published at (2020) 193 ACLN 6)

Should parent companies be primarily liable to pay on demand for the acts of their contractor subsidiaries? by Tina Funge

The duty to warn and the combustible cladding crisis by Owen Hayford (now published at (2021) 36 Building and Construction Law 332)

Providing a safe harbour for insolvent contractors – a proposal for Commonwealth reform to divergent security of payment legislation by Christopher Hibbard and Sean Kelly

Will COVID-19 cure the poor health of the Australian construction industry? (now published at (2021) 197 ACLN 16) by Kiri Parr and Kevin Pascoe

In which payment trust should the Australian construction industry place its trust? (now published at Insolvency Law Journal, 2020, Vol 28 (3), 113) by Bianca Teng and Dr Jeremy Coggins

Commended - Student Division

Security of Payment Laws: Singing in the same key, if not from the same songbook by Andrew Serb

2019 Brooking Prize 

'Levelling the Playing Field’ – A proposal for the regulation of unfair contract terms in construction contracts by Dr Jeremy Coggins (now published at (2019) 35 ConstLJ 271)

2019 Brooking Student Prize 

Protecting David from Goliath: Why Harmonising Australian Security of Payment Laws is not in Queensland's Best Interests by Jane Evelyn

Highly Commended - General Division

Contractors, Owners and Banks: relationships built on trust and security? by Daniel Morris

'Out-of-pocket' security, out of control? by Tina Funge (Now published at [2020] International Construction Law Review 4)

The early resolution of construction disputes – has the High Court changed the game? by William Marshall (Now published at [2020] International Construction Law Review 43)

Commended - Student Division

Is it ever appropriate to employ a prospective delay analysis for a time distant event, in a dispute context? by Catherine Williams (Now published at (2020) 193 ACLN 20)

2018 Brooking Prize

Brooking Prize 2018

‘All Promise Outruns the Performance’ – The Enforceability of Extended Promises in Construction Contracts by Dominic Fawcett and Hugh Hadgraft (QLD).  (Now published at (2018) 34 BCL 263).

Brooking Student Prize 2018

The Brooking Student Prize was not awarded for 2018.

Highly Commended – General Division

"Do Early Contractor Involvement Contracts used in NSW Government Projects Promote Legitimate Collaboration?" by Tina Funge (NSW).

Highly Commended – Student Division

"Constructive Acceleration in the UAE: A Matter of Contract, Law or Good Faith?" by Stefan Pislevik (VIC).  (Now published at (2019) 36 International Construction Law Review 50).

"Substandard Balconies are Flooding the Victorian Market: The Legal Context of Causes and Remedies" by Catherine Williams (SA).  (Now published at (2018) 181 Australian Construction Law Newsletter 37).

Commended – General Division

"Is Conventional Insurance for Construction Projects Fit for Purpose?" by Dr Donald Charrett (VIC). (Now published at (2018) 34 BCL 253).

"Adjudication in South Africa: Heading in the Wrong Direction?" by Michelle Kerr (South Africa) and Dr Samer Skaik (VIC). (Now published at Const. L.J. 2018, 34(6), 483-494).

"Smart Contracts in Construction" by Natalie Kozlov (NSW)

2017 Brooking Prize 

Brooking Prize 2017

"Locked behind Time Bars" by Antoine Smiley (UK/ NSW), Raeesa Rawal (Germany / NSW) (published at [2018] International Construction Law Review 60)

Student Brooking Prize 2017

"Incorporating Active Risk Management in Construction Contracts" by Kevin Pascoe (Qld) (published at (2018) 33 BCL 333)

Highly Commended: General Division

"Political Flim-Flam or Ground-Breaking Reform?  A comment on the Code for the Tendering and Performance of Building Work 2016" (published at (2017) 177 ACLN 6) by Elizabeth Pearson (NSW)

Highly Commended: Student Division

"Terrorism as an Unforeseen Intervening Event in International Construction Projects" by Tina Funge (NSW)

Commended: General Division

"Does Equity Undermine Construction Contract risk?" (now published at (2017) 175 ACLN 44) by Chris Lenz (QLD)

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

"Factoring in a Change to Infrastructure Delivery" by Justin O’Callaghan and Lucy Munt (Qld)

"Prospective Analysis – What does it Mean?" by Mark Griffiths (NSW)

Commended: Student Division

"Reviving the Victorian Adjudication Review Mechanism Process" (An expanded version of this paper is published in (2017) 33 Const. L.J 291) by Samer Skaik (VIC)

2016 Brooking Prize

Brooking Prize 2016

“Against Cavendish: Towards a procedural conception of the penalty doctrine” (revised version published at (2016) 33(4) International Construction Law Review 452) by Thomas Ho (Hong Kong)

Student Brooking Prize 2016

“With great power there must also come - great responsibility:  Reining in unbridled expert determinations” by Alisa Taylor (ACT)

Highly Commended: General Division

“Defective buildings and pure economic loss claims: the return to an exclusionary rule?” (published at (2016) 32 BCL 233) by Adrian Baron (Qld)

“Keeping the faith – in support of the good faith clause and definition in the draft Australian Standards 11000 construction contract” (published at (2016) 168 ACLN 14) by William Marshall (Dubai)

“Back to the in futuro: Preserving parties’ contractual rights and remedies after termination” by Raeesa Rawal (VIC)

Highly Commended: Student Division

“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) by Samer Skaik (VIC)

“Dispute Boards in Public Private Partnerships: Best practice or an impossible dream?” (published at (2016) 32 BCL 300) by Michael Van Der Ende (WA)

Commended: General Division

“Difficulties with harmonisation of security of payment legislation across Australia – is federalism a friend or foe?” by Maria Farrar (WA)

“Expert determination: Beyond the law?” by Chris Horsfall (VIC)

“The interpretation of commercial suretyship obligations: Recent trends in the application of the strictissimi juris rule” by Sean Kelly (VIC)

“Security of payment claims in Victoria: possible developments in the law regarding disputed variations following Branlin and SSC Plenty” by Leighton Moon (VIC)

“Pure economic loss following Brookfield Multiplex v Owners Corporation Strata Plan 61288 (2014) 254 CLR 185” by Andrew Stephenson and Jaclyn Smith (VIC)

“Sustainable construction: Developments and opportunities” by Jody Williams (VIC)

Commended: Student Division

“The prevention principle: Do express words validate unconscionability?”by Tracy Albin (WA)

“To what extent has case law separated the Australian and UK courts’ approach to global claims?” by James Millen

2015 Brooking Prize 

Commended: General Division

“Delivering Infrastructure in the Developing World: Do International Investment Agreements provide adequate protection to foreign participants?”, William Marshall (UAE)

“Deconstructing the Courts' Approach to Construction”, Josh Singer (Vic)

Highly Commended: Student Division

“Retrospectivity and the Doctrine of Frustration” (Published at [2015] International Construction Law Review 455) Rachel Ong (Vic)

“Confidentiality in International Arbitration: Towards Uniformity”, Zan Mazharullah 
(Vic)

2014 Brooking Prize 

Brooking Prize 2014

“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) Daniel Morris

Highly Commended: General Division 

“Time Bars in construction contracts will not attract the Penalty Doctrine” (Published at (2014) 157 Australian Construction Law Newsletter 23) Chris Harriss

“The recovery of negligently inflicted pure economic loss – what is proximity, and why does it matter?”, Robby Bernstein and Andrew Archer

Highly Commended: Student Division

“A comparative analysis of the legal approach in differing jurisdictions to the construction of contracts through the use of extrinsic evidence”, Andrew Robertson

Commended: General Division

“Independence and Impartiality: an inadequacy of institutional arbitration rules under English law”, Daniel Shaw

“The case for exclusion of liability clauses in process contracts following Tercon Contractors Ltd v British Columbia (Transportation and Highways)”, Jaclyn Smith

2013 Brooking Prize 

Joint Winners Brooking Prize 2013 – General Division

“Why the sound and fury? Enforcing security of payment judgment debts”(Published at (2013) 29(5) Building and Construction Law 372) Brian Mason, Melbourne

“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) Jean Hamilton-Smith, Brisbane

Brooking Prize 2013 – Student Division

“Penalties Percolating Through the Construction Industry” (Published at (2013) 29(3) Building and Construction Law 233) Patrick Easton, Melbourne,

Highly Commended: General Division

“Rethinking the contractual context for Building Information Modelling (BIM) in the Australian built environment industry”, Ilsa Kuiper, Dr Dominik Holzer, Melbourne

Highly Commended: Student Division

“Regulating the Great War: Are Stricter Industrial Relations Laws Needed for the Construction Industry?”, Raeesa Rawal, Luci Georgeson, Melbourne

Commended: General Division

“Completion Windows”, Justin O'Callaghan, Brisbane

“International approaches to the legal analysis of concurrent delay.  Is there a solution for Australian law?”, Matthew Cocklin, London, UK

“Building Information Modelling and Intellectual Propertization: A Revolutionary Nirvana or a Disillusionment?” Dr Oluwole Alfred Olatunji, Perth

“The impact of post-disaster legislative and regulatory changes on the recovery of the built environment”, Sandeeka Mannakkara, Dr Suzanne Wilkinson, Auckland NZ

Commended: Student Division

“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) Dr Devin S Lin, Hong Kong

“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) Jaclyn Smith

2012 Brooking Prize

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

Brooking Prize 2012 – General Division

“Deconstructing Constructive Acceleration”, David Trinder, Perth

Brooking Prize 2012 – Student Division

“On Proprietary Trespass: The Availability and Application of Hypothetical Bargain Damages”, Brian Mason, Melbourne

Highly Commended: General Division

“Bribery Act 2010 and the Construction Industry or How Max Proffitt went to Prison”, Laura Teodorescu, United Kingdom (Published at (2019) 35 Construction Law Journal 77)

Commended: General Division

“The Australian Construction Code of Ethics”, Sean F McCarthy, Canberra

“Qclng Pipeline v Mcconnell Dowell: Opening the Door to Court Merit Review of the Adjudicator's Decision”, Philip J Eyre, United Kingdom

“Legislating Floor Numbering in Hong Kong” (Published at [2015] International Construction Law Review 173) Devin S. Lin, Hong Kong

Commended: Student Division

“The Making of the Ideal Construction Law Graduate: How Can Law Students Cover All Bases and Hit a Home Run?”, Raeesa Rawal, Melbourne

Brooking Prize 2011

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

Highly Commended

“Time-bars and the prevention principle: using fair extensions of time and common-sense causation” (Published at (2012) 28 Construction Law Journal 379) Dado Hrustanpasic, Melbourne

Commended: General Division

“The Search for the ‘Forgotten Tort’”, Adrian Baron, Brisbane

“Ministerial Call-In Powers in Relation to Construction Development Applications – A Comparison of Their Scope and Application in Victoria and the United Kingdom”, Anders Axelson, Melbourne

“A common construction law – or vive la difference?” (Published at [2012] International Construction Law Review 72) Dr Donald Charrett, Melbourne,

Commended: Student Division

“Is expert immunity from suit a thing of the past in construction law?”, Phebe Mann, Buckingham, UK

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

Brooking Prize 2010

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

First Prize

“Alliancing Contracts and Fiduciary Duties: Trust and Confidence in Relationship Contracting”, (Published at (2011) 28 International Construction Law Review 364) Trevor Thomas, Melbourne

Second Prize

“No Dispute – testing the wisdom of Abrahamson” (Published at (2010) 21 Insurance Law Journal 96) David Ulbrick, Melbourne

Highly Commended

“The Status of the Prevention Principle” (Published at (2011) 27 Construction Law Journal 15)  Moshe Ross, Melbourne

“Syndicating Performance Risk in Major Projects”, Justin O’Callaghan, Brisbane

Commended

“Scholarship in Australian Construction Law”, Wayne Jocic, Melbourne

“Fabrication of Unjust Enrichment” (Published at (2010) 26 Building and Construction Law 314) Romauld Andrew

“Ethics in Construction”, Sean McCarthy, Canberra

“Rethinking Risk: Government Support for Debt Financing in PPPs Post GFC”, Tina Zange, Melbourne

Commended: Student Division

“US Copyright Law in the Protection of intellectual Property Rights and Interests of Architects and Engineers”, Phebe Mann, Buckingham, UK