Those who visit these pages from time to time might have noticed that it has been a little while since my last post, and perhaps guess that this is a symptom of idleness.
In fact, the contrary is true. Since getting back from Europe and the United States, I have had far too little time for sidelines. In moving to the beautiful Myponga Beach, I had in mind that these days I go to the airport rather more often than I go to the law courts in Adelaide, and so it is been continuing to prove: I have been in Sydney on dispute avoidance board business and in Darwin on adjudication determination challenge business.
I did rather think that I might have been able to set a bit of precedent in the Northern Territory courts, in terms of bringing the Northern Territory into line with the rest of the country, and in particular New South Wales, on the topic of what introductory relief should be granted after an adjudication challenge has been launched, but before it can be heard by the court. In the Northern Territory, the typical Continue reading
I was asked to give a paper in Adelaide last week on the topic of “Drafting Indemnities: Getting the Details Right”. It was part of a marathon one day session where Legalwise Seminars enabled practitioners to collect 10 CPD points in a single day. It is a pretty fair guess that the delegates (there were quite a number of them) were there because they needed the CPD points, and not so much because they were lying awake at night worrying about how to draft their indemnities.
I coined the expression “Pay now, argue later” to describe the adjudication process in early 1996 during discussions with 
