Bryan the builder-residential work only

The High Court, in the 1995 landmark case of Bryan v Maloney, held a builder of a residential house liable to a subsequent owner for economic loss suffered by way of the reduction in value of the house caused by its defective foundations. Since that decision, several cases in state courts have indicated that any extension of the principle in Bryan to commercial properties is a matter for the High Court. This year, Woolcock Street Investments Pty Ltd v CDG Pty Ltd provided the vehicle for the High Court to revisit the Bryan principle in a commercial context. Faced with the question 'can a subsequent owner of a commercial property who discovers faulty foundations sue the builder for the costs of fixing the problem before it causes any physical damage to person or property?', the resounding response from the High Court has been 'no'. Gleeson CJ, Gummow, Hayne and Heydon JJ in a joint judgment and McHugh J and Callinan J in separate judgements rejected any 'extension' of the Bryan principle to commercial premises. Much to the relief of the construction industry, the Court made it clear that it will be difficult for a subsequent owner to make out a case in negligence against the original builder unless it can show special vulnerability to the risk of injury. Kirby J, in a dissenting judgment, suggested that the extension of liability to commercial builders fits quite comfortably with general principles and lamented the 'incremental' approach to liability presently favoured by the Court. Consequent upon the retirement of Gaudron J, Kirby J appears to be a lonely light on the hill, shining a solitary beacon on matters of principle.

The revisitation of Bryan has long been anticipated. However, Woolcock does not provide the solid bricks and mortar craved by the construction industry. Close examination of the reasoning of the Court suggests that it may itself rest on faulty foundations. In his dissenting judgment, Kirby J questions some of the assumptions made by the majority and highlights the deficiencies of the 'stated case' procedure for a re-examination of this particular area of law, thus suggesting that Woolcock may not be completely sound.

A house in history, heritage and tourism : shifting times at Blundell's Cottage, Canberra

The history of history's institutions can offer a gritty context in which to understand historical production. A wide spectrum of influences, from the personal to the intellectual to the political, can be seen at work in shaping the history made and communicated at Blundell's Cottage over the years. Even though it has always been a humble participant in the project of history, its products probably reach some of history's larger audiences. Hence it is worthwhile to review fifty years of historio-museography.

From parallel descriptions to parallel grammars: unravelling the complexity of Lutyen's country house folio

Based on an analysis of a corpus of forty of Sir Edwin Lutyens's country house designs (Rollo 1997) a procedure for developing Parallel Descriptions will be discussed. This procedure will attempt to facilitate an integrated approach to the analysis of complex architectural forms and will provide a framework for investigating the development of parallel grammars. This is an approach which acknowledges that design does not necessarily involve the importance of one aspect, but rather a number of coextensive issues with emphasis on the ordering and priority of these issues periodically shifting.

Dwelling in the landscape: from Blairgowrie House to Portsea Palace

Ackerman begins his book "The Villa" (1995) with these words: 'A villa is a building in the country designed for its owner's enjoyment and relaxation .... [it] accommodates a fantasy which is impervious to reality.' He concludes: , ... the country, in exacting confrontations with the immanent brute forces and sensuous enchantments of nature, prompts inspired responses.' Blairgowrie House - the villa in the landscape - was built in the 1870s and the 'Portsea Palace' - a personal club med resort - in the late 1990s. The notion of an inspired response and the concept of dwelling poetically are manifestly absent in the Portsea Palace. Why?

This paper explores architecture and landscape - particularly 'domestic' architecture and coastal landscapes in Victoria's Nepean Peninsula. It looks closely at what architects mean when they say their design reflects place, relates to site, is climate specific, is close to nature, responds to the landscape, and/or is sensitive to the environment. Exemplars from different centuries are examined in their philosophical contexts and frames of reference. The complexities of the notion of place and identity, belonging, and dwelling (in the Heideggerian sense) are examined to identify the shift that has occurred over time as science and technology have ostensibly freed 'modern man' from 'a direct dependence on places' (Norberg Schultz). The alienation and loss that has eventuated - for humans and for the environment - will be critically analysed and assessed.