A

A key Tenant, which generally attracts other parties to enter into Leases in the same or neighbouring area. For example, a large supermarket chain taking a lease in a shopping centre may be an anchor tenant because the supermarket's tenancy would induce other retailers to also take up Leases in the centre.

A Default under a Contract because it is apparent that a party will not be able to perform its obligations under the Contract. For example, an anticipatory breach may occur at a time when it becomes clear that a Builder cannot achieve Practical Completion by the Date for Practical Completion.

An approval includes a consent, licence, permit, authorisation, lodgement, filing, agreement, certificate, permission, direction, authority, approval or exemption. Approval may be provided under the Contract by a party to the Contract or a third party such as the Superintendent or an Authority, or Consent Authority.

A bond issued to the Principal by a Financier at the request of a Contractor to secure any Advance Payment made by the Principal. Also known as a 'pre-payment bond'.

An alternative dispute resolution process, usually agreed to by the parties by way of an arbitration clause in a Contract, for resolving a dispute in a private tribunal. In comparison to litigation, the parties have some control over the arbitration process such as the choice of arbitrator. Arbitration is a more informal private proceeding which is not reported and made available in the public domain. Arbitrations may be subject to the uniform arbitration legislation of each state. Arbitral determinations may be enforced through local and international courts.

Dispossessing the true owner of land of their title by acts inconsistent with the owner's intended use (such as fencing the land and paying the rates). An adverse possessor may become the registered proprietor of the dispossessed land in circumstances where the true owner fails to assert his or her claim to the land after a certain period.

An agreement between parties to resolve present or future legal disputes, whether contractual or otherwise, by Arbitration. The agreement defines the process of Arbitration, the appointment of an Arbitrator and the rights of the parties.

A written statement of a person that supports a legal position or is used in place of oral testimony in legal proceedings. An affidavit may be sworn (if made on oath on the bible) or affirmed (in any other case). A person who swears or affirms an affidavit is known as a deponent. There are various procedural rules governing how an affidavit should be set out before it is filed in legal proceedings.

A person who is appointed to resolve a dispute in an Arbitration. The arbitrator may be appointed as an expert in the area of dispute. An arbitrator effectively takes on a similar role of judge in court proceedings, and must make an arbitration 'award' which is binding on the parties. In more complex arbitration, a number of arbitrators may be appointed, usually not more than three. Arbitrators may have duties and obligations under the uniform arbitration legislation of each state.

Previously used for basic building works, usually small commercial projects up to $50 000, or single trade projects with a low level of complexity. This form is no longer published and has been withdrawn form sale and use. See ABIC BW-2018.