Construction Law Symposium
213N07: Your practice needs to keep up with rapid change in the construction industry. Come along to hear a carefully selected panel of speakers explore the latest developments, trends and changes in the building industry. Explore the latest cases and hear in depth presentations on major new developments in liability, security of payment, legislation, tendering, procurement, safety, bankruptcy, insolvency, long life warranties and more.
Description
Attend and earn 7 CPD units including:
3 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
2 units in Professional Skills
This program is based on NSW legislation
Session 1
Construction Law: Cases, Changes and Major Developments
Chair: Frank Hicks SC, Greenway Chambers; Leading Construction and Infrastructure Senior Counsel, Doyle’s Guide 2020
9.00am to 10.00am Latest Cases and Trends and the Impact on Your Practice
Start 2021 by being across the major cases and the very latest developments in building and construction law.
Presented by Melissa Fisher, Barrister, 9 Wentworth Chambers
10.00am to 11.00am New Building Reforms
An overview of the Design and Building Practitioners Act 2020 (DBPA) and the Residential Apartment Buildings (Compliance and Enforcement) Act 2020 (RABA)
- The reforms in a nutshell
- How did we get here? Criticisms prompting the major reforms
- Stage 1 of the DBPA: retrospective duty of care
- Stage 2 of the DBPA: new registration, insurance and compliance obligations
- RABA: new powers for the Building Commissioner
- Practical tips and key takeaways
Presented by Scott Higgins, Partner and Lucy Hancock, Senior Associate, Mills Oakley
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Long Life Warranties and their Enforceability
- What are long life warranties?
- How to draft long life warranties
- Relevant limitation periods: Limitation Act NSW and Environmental Planning and Protection Act 1979 NSW including discussion of the impact of Bandelle Pty Ltd v Sydney Capitol Hotels Pty Ltd on Dinov v Allianz Australia Insurance Limited (2017)
- Potential ways to avoid/enforce long life warranties including by overcoming limitation periods
Presented by Jennifer Fitzalan, Special Counsel, Baker & McKenzie
Professional Skills
12.15pm to 1.15pm Bankruptcy/Insolvency: How it Impacts the Construction Industry
- Restructuring options for builders/suppliers: getting it right
Presented by Daren Anderson, Managing Director, ERA Legal
Session 2
CPD Compulsory Units for Building & Construction Lawyers
Chair: Emanuel Confos, Partner; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2020
Ethics & Professional Responsibility
2.00pm to 3.00pm Ethical Issues in Construction and Engineering: Tendering and Procurement
- Legal ethics
- Engineering ethics
- Current issues
- Transparency in supply chains
- Ethical sourcing
- Modern slavery
Presented by David Jury, Partner and Victoria Gordon, Senior Associate, HWL Ebsworth
Professional Skills
3.00pm to 4.00pm Security of Payment: A How to Guide
Discover the ins and outs of making claims under the Security of Payment Act while benefiting from tips and tricks from an experienced practitioner. Recent cases and developments have led to changes that are impacting claims. Know what to look out for and how to succeed.
Presented by Jack Fan, Special Counsel, Clayton Utz
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm How to Manage a Critical Incident: Managing the Investigation to Ensure Rights are Protected
- Analysing the principal contractor’s role and obligations
- Concurrent obligations of PCBU's
- Your business or undertaking: How far does it reach?
- Safety risks within a construction site
- Critical incident response
- Recent court decisions in Construction safety
Presented by Greg McCann, Partner, Colin Biggers & Paisley Lawyers; Recommended Workplace Health & Safety Lawyer, Doyle’s Guide 2020
Presenters
Frank Hicks SC
Frank was called to the Bar in 2003 and appointed Senior Counsel in 2017. He is generally briefed in commercial matters, and primarily engaged in technology and construction disputes concerning commercial, industrial and infrastructure projects, and large-scale residential developments. Frank has been briefed to appear in the Federal Court, and in the courts and tribunals of New South Wales, Queensland, Victoria, South Australia and the ACT. In addition, he has appeared in domestic and international arbitrations, and advised and appeared in other forms of alternate dispute resolution, including mediation and expert determination.
Melissa Fisher
Melissa is an experienced advocate practising in commercial litigation, equity and administrative law. She has appeared in a wide range of jurisdictions from the High Court to the Local Court and various tribunals including the Administrative Appeals Tribunal. Her commercial practice is diverse and includes contract disputes; competition and consumer law matters; corporations law matters and insurance disputes. She has experience defending directors and officers of corporations against breach of duty and negligence claims (notably appearing in ASIC v Vines). Melissa not only appears for, and advises, large and small corporations, she has extensive experience acting for Commonwealth and State government agencies and Local Government Councils.
Scott Higgins
Scott has deep experience in the construction and engineering industries and advises Australia’s leading companies in these sectors on contract documentation and project delivery. He brings particular expertise in strategic claims management and dispute resolution and regularly advises on pursuing and defending claims in relation to significant commercial and infrastructure projects. He is renowned for providing exceptional client service, sharp legal and strategic advice and know-how in successfully steering and resolving complex technical and engineering disputes. Scott’s clients include institutional developer and major contractor clients and ASX-listed companies including United Group Limited (UGL), The GPT Group, GrainCorp, Coca-Cola Amatil, CSR and Stockland.
Jennifer Fitzalan
Jen specializes in advising clients in the construction and engineering sectors, including institutional property owners, developers, government, state-owned utilities, hotel and hospital operators, contractors, major equipment suppliers, financiers and consultants. She advises on all aspects of project delivery, from contract structuring, drafting and negotiation to advice on contract administration and advice in relation to disputes or pending disputes.
Emanuel Confos
Emanuel is a construction and projects lawyer based in Sydney, and is the national head of the construction and engineering team in Australia. Emanuel is recognised as a leading lawyer by Chambers Asia-Pacific, Legal 500 Asia-Pacific and Best Lawyers. He has over 20 years’ experience advising on all aspects of construction matters at both the 'front end' and 'back end'. Emanuel has prepared and negotiated complex construction contracts for large scale commercial and residential projects as well as in the energy, health, hospitality and mining sectors.
Victoria Gordon
Victoria Gordon is a Senior Associate at HWL Ebsworth Lawyers working across the government and construction sectors with a primary focus in procurement. In 2020, Victoria was awarded the Lawyers Weekly 30 under 30 award for Government and was a finalist in the Construction & Infrastructure category. She was also a finalist in the Lawyers Weekly Women in Law Awards for "Rising Star Big Law". Victoria is also a Delegate at the ASEAN-Australia Strategic Youth Partnership, where she collaborates with other delegates on regional issues, trends and solutions regarding modern slavery and human trafficking.
David Jury
David Jury is a partner at HWL Ebsworth with over 20 years' experience in negotiating, drafting and litigating contracts primarily for those involved in the building and construction industry. With experience for owners, government, contractors, sub-contractors and consultants David has provided advice to clients on a variety of issues and from different perspectives. David's experience in litigation as well as alternate dispute resolution has provided him with valuable insights into how parties to contracts can improve their chances of avoiding disputes.
Jack Fan
Jack is a specialist projects lawyer who specialises in construction, engineering, public infrastructure and dispute resolution. Jack is also an expert in all forms of dispute resolution including litigation, arbitration, expert determination, mediation, disputes avoidance boards, and adjudications under security of payment legislation. Jack has acted on a wide range of government and private sector projects, including roads, rail, rolling stock, telecommunications infrastructure, electricity, water and waste, office buildings and other commercial developments. Jack has advised clients on all aspects of a project's lifecycle, from project conception, tendering and contracting and project management.
Greg McCann
Greg McCann is a partner of Colin Biggers & Paisley and leads our national workplace relations and work health and safety teams. Greg has many years' experience in private practice in Melbourne, Sydney and Perth, working for national corporations in a wide range of industries including transport, mining, retail, labour hire and oil and gas. Greg is an expert in work health and safety with over 18 years' experience. He has acted in numerous WHS cases and has assisted many corporations with strategic safety advice, including advice and seminars to directors and officers on their WHS responsibilities.
Lucy Hancock
Lucy is a Senior Associate in Mills Oakley’s building, construction and infrastructure team in Sydney, specialising in dispute resolution. Her experience includes carriage of long-running and complex litigation in the, District Court, Supreme Court and the Federal Court as well as all forms of dispute resolution for disputes surrounding defects, delay, variations, non-compliant building products, misleading and deceptive conduct and payment. Lucy has a particular interest in building law reform.
Daren Anderson
Daren established the firm in 2004. He heads up our ever growing, high energy, Loan + Securities division and continues to work closely with all other divisions. Daren also has over 20 years’ experience in the insolvency and reconstruction field, having advised a number of Australia’s leading insolvency practitioners on various high profile and complex external administrations across all industries. Daren’s daily motivation is to do everything possible to win the best commercial outcome for clients. He believes lawyers need to treat their clients’ businesses as if they were their parents’ business; with their parents’ entire life’s work, savings and home on the line. Only then will a lawyer truly live and breathe their pain and celebrate their victories.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia