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Howtofindcaselawstatutesandjournalarticles.pptxResearch for a legal journal
RMIT Library
Go to the RMIT Home Web Page.
1. Log in.
2. Open the library tab.
3. In the second browse box scroll down to e- Journals A-Z
3. Open tab e-Journals A-Z.
4. Best to enter in the Journal search box the journal title.
5. If it is on line open the “Full text available at”.
6. Fill in the search requirements or open the journal volume and scroll down until you reach the article.
Research for law reports.
1. Go to the RMIT Home Web Page.
2. Log in.
3. Open the library tab.
4. In the second browse box scroll down to Law and legislation.
5. Open tab.
6. Open cases tab.
7. Scroll down to Australian case reports by jurisdiction.
8. Open relevant case report
Meaning of forthwith as used in clause 12.2 in the contract AS 2124-92 see paragraph 11 of BMD Major Projects Pty Ltd v Victorian Urban Development Authority
The written notification dated 2 August (but faxed on 6 August) refers to previous “verbal advice” (a statement which is not disputed). In such circumstances I consider the giving of the written notice to have been “forthwith” as contemplated by the contract: BMD became aware of something, gave prompt oral notification, invited the Superintendent and VicUrban itself (through Mr Leonard) to assess the situation themselves, was required to undertake further investigations, made those investigations, and then sent the formal written notification. Provisions like clause 12.2 must be construed in accordance with business common sense: see McCann v Switzerland Insurance Ltd;[[6]]Pacific Carriers Ltd v HBP Paribas;[[7]]Toll (FGCR) Pty Ltd v Alphapharm Pty Ltd;[[8]]Maggbury Pty Ltd v Halfele Australia Pty Ltd.[[9]] A stricter construction would encourage, if not compel, contractors to be more concerned with anxiously satisfying a formal temporal requirement of notification rather than to explore the underlying needs and circumstances of the situation. The learned authors of Building and Construction Contracts of Australia[[10]] suggest that the word “forthwith” strictly means “immediately”. The dictionary definition of “forthwith” does give “immediately” as one meaning. In many circumstances “forthwith” may be used to mean “immediately”, but the task of construction of contracts is not that of determining what meanings words could have but, rather, which of the possible meanings of a word is the one which the parties intended.[[11]] The dictionary definition of “forthwith” also includes “without delay” as a meaning, and I think this better conveys the sense in which the word was used in this contract.[[12]] Whether the notices were sent “forthwith” in this sense, is, of course, dependent upon the facts and context. The notice dated 2 August 2002, on the facts and in the context in which it was sent, as I have set out above, was, in my view, sent “forthwith”; that is, was sent without delay and as soon as reasonably practicable or as soon as reasonably possible in all the circumstances.
Find a statute
1. Open google home page.
2. Enter Austlii
3. Enter the jurisdiction you want to go to.
4. Most likely the act if it a Victorian act will be in the Victorian Consolidated Act section.
5. Click on the first letter of the Act across the A to Z
6. Scroll down to the Act
DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 9
DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 9 Warranties to run with the building
Warranties to run with the buildingIn addition to the building owner who was a party to a domestic building contract, any person who is the owner for the time being of the building or land in respect of which the domestic building work was carried out under the contract may take proceedings for a breach of any of the warranties listed in section 8 as if that person was a party to the contract [5] .
