Dr Richard Manly KC
Richard practises in the area of building, construction and engineering disputes. He accepts instructions for arbitration, mediation, professional negligence, building construction, engineering, mining, resources and energy matters.
Richard was admitted to the Bar in 1982. He completed his Master of Laws at the University of Melbourne in 1987, and a PhD at Monash University in 2019. He took silk in 2001.
Richard is a nationally accredited Mediator, and a Grade 1 Arbitrator. He is also an Adjunct Professor with the Sir Zelman Cowan Centre, College of Law and Justice, at Victoria University.
*Liability limited by a scheme approved under Professional Standards legislation
Areas of Practice
Cases
Publications
- Richard Manly QC – The use of Scott Schedules in technology, engineering and construction litigation (2011) Building and Construction Law Journal 151
- Richard Manly QC – The benefits of clauses that liquidate, stipulate, pre-estimate or agree damages (2012) Building and Construction Law Journal 246
- Richard Manly QC – The penalty doctrine: Andrews v Australia and New Zealand Banking Group Ltd (2012) 7(2) Construction Law International 35
- Richard Manly QC – Liquidated damages and the doctrine of penalties: Rethinking the war on terrorem (jointly with Matthew Bell) (2012) 29(4) The International Construction Law Review 386
- Richard Manly QC – Substance over form: Australia’s highest Court reconsiders the penalty doctrine (2013) 8 (4) Construction Law International 19
- Richard Manly QC – The use of formulae to calculate liquidated damages and stipulated damages (2013) 29 (2) Building and Construction Law Journal 127
- Richard Manly QC – Breach no longer necessary : The High Court’s reconsideration of the penalty doctrine (2013) 41 Australian Business Law Review 314
- Richard Manly QC – The Conventional Penalties Act 1962 (South Africa): Comparative Observations with Recent Developments in the Common Law (2017) 34 (2) The International Construction Law Review 155
- When does an Arbitrator Enter upon the Reference (with Toby Shnookal QC) (2021) 40(1) The Arbitrator and Mediator 21
- Permitting “Proof by Representative Sample” Can Assist the Court and the Arbitrator (2021) 40(2) The Arbitrator and Mediator 1
- The Defective or Pathological Arbitration Clause (2021) 31(4) ADRJ 305
- Cardinal Change and the Decision in Wegan Constructions Pty Ltd v. Wodonga Sewerage Authority (2022) 37(4) Building and Construction Law Journal 346
- Agreed Damages Clauses and the Penalty Doctrine: Contrasting approaches: A Problem too big to resolve? (jointly with Bruno Zeller) (2022) 50(3) UCC Law Journal 263
- Permitting “Proof by Representative Sample” Can Assist the Court and the Arbitrator: A Postscript (2022) 41(1) The Arbitrator and Mediator 38. LLM Thesis (1987)
QUALIFICATIONS
BA, LLB, LLM (Melb), PhD (Mon)
Richard completed his Master of Laws at the University of Melbourne in 1987 and a PhD at Monash University in 2019.
MEMBERSHIPS & ASSOCIATIONS
Former Member of the Ethics Committee, Supreme Court
Former Member of the Building Cases List Users Committee, County Court
Former member of the TEC List Users Group, Supreme Court
Member of the Commercial Bar Association - Construction Law Section
Dr Richard Manly KC
Profile
Richard practises in the area of building, construction and engineering disputes. He accepts instructions for arbitration, mediation, professional negligence, building construction, engineering, mining, resources and energy matters.
Richard was admitted to the Bar in 1982. He completed his Master of Laws at the University of Melbourne in 1987, and a PhD at Monash University in 2019. He took silk in 2001.
Richard is a nationally accredited Mediator, and a Grade 1 Arbitrator. He is also an Adjunct Professor with the Sir Zelman Cowan Centre, College of Law and Justice, at Victoria University.
*Liability limited by a scheme approved under Professional Standards legislation
Areas of Practice
Publication
- Richard Manly QC – The use of Scott Schedules in technology, engineering and construction litigation (2011) Building and Construction Law Journal 151
- Richard Manly QC – The benefits of clauses that liquidate, stipulate, pre-estimate or agree damages (2012) Building and Construction Law Journal 246
- Richard Manly QC – The penalty doctrine: Andrews v Australia and New Zealand Banking Group Ltd (2012) 7(2) Construction Law International 35
- Richard Manly QC – Liquidated damages and the doctrine of penalties: Rethinking the war on terrorem (jointly with Matthew Bell) (2012) 29(4) The International Construction Law Review 386
- Richard Manly QC – Substance over form: Australia’s highest Court reconsiders the penalty doctrine (2013) 8 (4) Construction Law International 19
- Richard Manly QC – The use of formulae to calculate liquidated damages and stipulated damages (2013) 29 (2) Building and Construction Law Journal 127
- Richard Manly QC – Breach no longer necessary : The High Court’s reconsideration of the penalty doctrine (2013) 41 Australian Business Law Review 314
- Richard Manly QC – The Conventional Penalties Act 1962 (South Africa): Comparative Observations with Recent Developments in the Common Law (2017) 34 (2) The International Construction Law Review 155
- When does an Arbitrator Enter upon the Reference (with Toby Shnookal QC) (2021) 40(1) The Arbitrator and Mediator 21
- Permitting “Proof by Representative Sample” Can Assist the Court and the Arbitrator (2021) 40(2) The Arbitrator and Mediator 1
- The Defective or Pathological Arbitration Clause (2021) 31(4) ADRJ 305
- Cardinal Change and the Decision in Wegan Constructions Pty Ltd v. Wodonga Sewerage Authority (2022) 37(4) Building and Construction Law Journal 346
- Agreed Damages Clauses and the Penalty Doctrine: Contrasting approaches: A Problem too big to resolve? (jointly with Bruno Zeller) (2022) 50(3) UCC Law Journal 263
- Permitting “Proof by Representative Sample” Can Assist the Court and the Arbitrator: A Postscript (2022) 41(1) The Arbitrator and Mediator 38. LLM Thesis (1987)
Qualifications & Memberships
QUALIFICATIONS
BA, LLB, LLM (Melb), PhD (Mon)
Richard completed his Master of Laws at the University of Melbourne in 1987 and a PhD at Monash University in 2019.
MEMBERSHIPS & ASSOCIATIONS
Former Member of the Ethics Committee, Supreme Court
Former Member of the Building Cases List Users Committee, County Court
Former member of the TEC List Users Group, Supreme Court
Member of the Commercial Bar Association - Construction Law Section