Recent Construction Cases
Join a specialist barrister as he analyses some recent construction cases from Australia and common law jurisdictions.
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Francis Tiernan QC, Howells' List
Recent Construction Cases
Analysis and commentary on recent construction cases from Australia and overseas common law jurisdictions covering issues such as:
- When expert witnesses may sometimes owe a fiduciary duty to their clients
- Adjudicator determined entitlement to payment claim by reference to an unavailable reference date
- Security of payment legislation, stay of execution of judgment debt on the basis that the principal (not the builder) was insolvent
- Penalties: primary versus secondary obligations
- Penalties: protection of a business’ legitimate interest
- Expert determination clauses
- Potential waiver of legal professional privilege in opening submissions
Presented by Nicholas Gallina, Barrister, Green’s List
Presenters
Nicholas Gallina, Barrister, Green’s List
Nick is a qualified engineer with a practice in technology, engineering and construction disputes. He also has a broader commercial litigation practice dealing with contractual disputes, property law and interlocutory matters, such as security for costs, injunctions and privilege disputes. He appears (as sole counsel as well as junior counsel) in trial and interlocutory hearings in all Victorian jurisdictions. Before joining the Bar, he was a Senior Associate at Allens, prior to which he was a Principal Engineer at AECOM, working on large scale heavy industrial, mining and commercial projects. As a qualified engineer, he has an intimate knowledge of engineering projects, having been closely involved in them from feasibility and design through to construction and commissioning.
Francis Tiernan QC, Howells' List
Francis Tiernan QC specialises in large scale construction and engineering disputes, insurance and professional negligence claims. He also acts in general contractual disputes, trade practices, product liability cases and major torts.