A close examination of the facts in the unreported decision of Lush J in the Supreme Court of Victoria in 1976 which is the subject matter of this article supports the conclusion that the cardinal change doctrine has application to construction contracts in Australia. A determination to this effect will very much depend on the proper construction of the relevant variation or change order provisions in a contract and will require a granular analysis of the facts. This article considers these matters having regard to his Honour's reasons for decision.
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