C

The applicable authority with jurisdiction for determining a Development Application or an application for a complying development certificate. This will usually be the relevant council, but may also be a Minister, the Planning Assessment Commission, a joint regional planning panel, a public authority and in the case of a complying development certificate an accredited certifier (section 4 Environmental Planning and Assessment Act 1979 (NSW)).

See Consequential Loss.

Loss that occurs as a consequence of a breach of Contract and which is within the contemplation of the parties at the time the Contract was entered into, but is not a loss that flows directly from the breach. Consequential loss is a secondary loss to a loss suffered directly as a result of the commission of the wrong. Consequential loss may include economic loss such as loss of profit and loss of earnings. (Contrast with Direct Loss)

Land which has been set aside for the purposes of conservation, including national parks, nature reserves and wilderness areas. May also refer to land which is the subject of a conservation agreement, being an agreement entered into between the government and a private owner of land providing for the conservation and management of an area of the land or of a particular plant or animal species found on that land.

An act (such as the payment of money or the exercise or withholding of the exercise of a right in relation to another person) by one party in exchange for the performance or non-performance of an act by the other party or a promise by that party to perform or not perform certain acts. Consideration is a necessary component for the formation of Contract (it is not necessary for the enforcement of a deed). Consideration must be legal, enforceable and sufficient but need not be an adequate exchange for the other party's consideration.

A group of entities which combine to form a single unit in order to tender for and subsequently design, construct, finance or operate a major project.

A contract between a Principal and a Contractor whereby the Contractor is engaged to carry out only construction work. The Principal engages Consultants to design the project, and provides the completed design to the Contractor. The Contractor bears no responsibility for design and gives no warranty as to fitness for purpose.

A form of procurement by which the Principal enters into direct contracts with specialist trade contractors, which are managed by the construction manager. The Principal pays the cost of these contracts as well as a management fee to the construction manager. The construction manager usually oversees and monitors the whole of a construction project, from the tender process to the design phase to the actual construction of the works.

Machinery and equipment used to carry out construction work but does not include any apparatus permanently fixed to the site.  See also Contractor's Equipment. .

A process where expert witnesses attend a joint conference in an attempt to agree relevant issues in a dispute. Often used in a Reference and has the potential of saving hearing time and cost.