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Written questions that a plaintiff in civil proceedings asks of the defendant, or vice versa, on matters at issue in the proceedings. Interrogatories must be answered by Affidavit.

A term which is imported into a Contract in addition to those expressly agreed by the parties. Although the parties may not have expressly agreed to the term, an implied term is regarded by the court as being so important that it is necessary to give effect to the presumed intentions between the parties. Three broad categories of implied terms include those implied by operation of a statute, those implied in all of the circumstances (including the express terms of the Contract) and terms held to be implied to give business efficacy to the Contract.

The Incoterms (International Commercial Terms) 2020 describes and interprets the meaning of 11 basic terms used in international sales contracts to clarify the tasks, costs and risks involved in the delivery of goods from buyers to sellers. Published by the International Chamber of Commerce (ICC). The Incoterms  are intended to be used as international commercial terms where there is an international sale of goods (ie across national boundaries), although they are also used for sales within domestic markets.

A contractual obligation to compensate another for certain costs and losses incurred upon the occurrence of an event. Events triggering indemnities can broadly be divided into fault-based indemnities (eg triggered by a breach of contract, negligence or other wrongful conduct) or non fault-based (where the connection may be simply to the goods or services being supplied or other acts or omissions of the indemnifying party).

The actual costs, disbursements, and other expenses reasonably incurred by a party. Where a court awards a party indemnity costs against another party, the first party is entitled to recover the full amount of its actual costs incurred.

An Architect, Engineer or Quantity Surveyor responsible for issuing certificates under a construction contract certifying various aspects of the time/cost risk in a project including the percentage of work performed and payments due under the Contract. The Independent Certifier has an obligation to act impartially in carrying out its certification duties.

A court order that either prohibits a party from doing, or continuing to do a certain act (prohibitory injunction) or orders a party to carry out a certain act (mandatory injunction). The remedy is discretionary and will not be granted if an award of monetary damages would be a sufficient remedy. Injunctions are either interlocutory (that is, temporary or provisional until the main court hearing of the case) or permanent. In urgent situations, a party may be granted an interlocutory (interim) injunction at a separate court hearing to preserve the status quo until the dispute has been disposed of at a full court hearing. If a party is granted an interim injunction, it must undertake to compensate the other party for any damage it may suffer by the grant of the injunction if the first party is later unsuccessful in the main action.

An inability to pay debts as and when they fall due.

Previously Australia’s largest arbitration and mediation service, now known as the Resolution Institute, after an integration of LEADR with IAMA in 2014.

An independent engineering institution that was established in 1818 and represents professionally qualified civil engineers worldwide. The main objectives of ICE are: (a) to provide/enhance facilities for learning; (b) to provide professional status with responsibility for the ethics of the civil engineering profession; (c) to provide a voice of the profession for lobbying government and promoting engineering generally; and (d) to be a facilitator of best practice in the areas of training and recruitment.