Law for Architects: New Laws, Local Council Concerns & Navigating Disputes
Navigate the current environment and insights into how to address your legal concerns with our expert panel of speakers. Learn tips and tricks for dealing with council, explore the changing legislation impacting architects in NSW and explore best practice mediation and dispute resolution skills for architects. Develop strategies for dealing with common areas of dispute, get your questions answered from leading legal experts and more. 216N19
Description
Attend and earn 3 formal CPD points including:
2 CPD points in Practice Management
1 CPD point in Project Delivery
This program is based on NSW Legislation
Chair: Daniel Massey, Solicitor and Consultant
2.00pm to 2.50pm Tips and Traps for Navigating the Local Council Red Tape from a Former Council Town Planner
- Interpreting Council’s planning controls
- Managing the Council and client relationship
- Compromising on the design vs going to court
- Lessons from practical case studies
Presented by Eli Gescheit, Director, Navon Planning; Urban Planner
2.50pm to 3.40pm Design and Building Practitioners Act 2020: New Duties & Penalties for Architects
- Design and Building Practitioners Act 2020 (assented to on 10 June 2020)
- Design and Building Practitioners Regulations 2021 (published 9 April 2021)
- Requirements coming into effect for practitioners on 1 July 2021
- What does it mean for architects? How will things be different?
- Are you performing work falling under the Act?
- Do you need to comply?
- What are the new registration and licensing requirements?
- Adequate Insurance – requirements and status
- Penalty and enforcement provisions
- Disciplinary actions
- Statutory Duty of Care provisions under Part 4
- Brief overview of the Residential Apartments (Compliance and Enforcement Powers) Act 2020
Presented by Helen Kowal, Partner, Swaab
3.40pm to 3.55pm Afternoon Tea
3.55pm to 4.45pm Mediation and Dispute Resolution Skills for Architects
- What is mediation?
- What about other mechanisms for dispute resolution?
- Preparation
- Useful skills
- Learning flexibility
- Giving and taking
- War stories and case studies
Presented by Daniel Massey, Solicitor and Consultant
4.45pm to 5.15pm Panel Discussion: Common Areas of Dispute, Common Misunderstandings and Constructive Strategies to Resolution
Panelists:
Lawyer: Helen Kowal, Partner, Swaab
Builder: David Moses, Managing Director, Horizon; Winner, Master Builder of the Year 2017
Architect: Brian Meyerson, Principal, MHN Design Union Pty Ltd
Learning outcomes:
After completing this course, you should be able to:
- Discover strategies for navigating council red tape
- Be updated on the latest legislation impacting architects in NSW
- Plan and implement suitable mediation and dispute resolution strategies
- Analyse common areas of disputes involving architects
Presenters
Eli Gescheit
Eli Gescheit is an experienced urban planner with over 14 years working in various Councils and consultancies, including Waverley and Georges River Councils, and at Australia’s largest planning consultancy, Urbis. Eli knows the ins and outs of Councils, while also understanding client’s requirements. He specialises in DA approvals and property development advice. He possesses exceptional negotiating skills and appears as an expert witness before the NSW Land & Environment Court. Eli is also a sought after speaker on urban planning in NSW. He believes in sharing his wealth and has presented to numerous groups including architects, interior designers, landscape architects, property developers, property lawyers, and mum and dad investors.
Helen Kowal
With a legal career spanning over 25 years in general practice, for the past decade Helen Kowal has specialised in building, construction, strata and property. She has worked for many owners corporations, develop-ers and builders in all facets of building and construction law in all jurisdictions. Acting for owners corporations, owners and builders in building defect claims under the Home Building Act 1989 in NCAT and Supreme Court of NSW; Acting for developers, owners corporations and lot owners at the forefront of strata renewal legislation introduced in November 2016 including all steps required under Part 10, preparation of strata renewal proposals, strata renewal plans, necessary meeting agendas, support notices, Court applications, collaborative agreements, bloc deeds and conduct of mediations.
Daniel Massey
Daniel has been involved in the Construction and Development industry in Australia for more than 20 years and has worked on projects in NSW, Queensland, Victoria, Tasmania, Western Australia, New Zealand and Fiji. He commenced his legal career at Allen Allen and Hemsley in the Construction and Arbitration Group led by John Dorter. He later moved to the Construction and Engineering Group of Colin Biggers and Paisley led by Adrian Bellemore. In November 2010, Daniel set up in sole practice in order to focus on a more active role as the mediator, adjudicator, arbitrator, while continuing his contract drafting, dispute resolution and advice roles for his clients.
David Moses
David is the Managing Director of one of Australia’s most highly regarded luxury home building companies. The firm offers a unique suite of services from pre-construction advisory, through to large and small construction projects, and on to ongoing maintenance services. Starting as a labourer for Horizon over 25 years ago, David has built an enviable reputation for Horizon that is based on trust, quality, expertise and service. HE attributes the key to Horizon’s long-standing success to the fact that people love the process of building with them. An alumnus of UNSW and the Harvard Business School, he has received numerous industry awards, including MBA NSW Young Builder of the Year, MBA NSW Master Builder of the Year, and Belle Magazine Luxury Home Builder of the Year. David is also a registered Quantity Surveyor, President of a not-for-profit, a keen golfer (but not very good!), and married with three children.
Brian Meyerson
Brian has more than 37 years of experience working in South Africa, the Middle East and Australia. He held roles at practices Group GSA and Denton Corker Marshall before forming Brian Meyerson Architects in 1997 growing a team of 25 designers by 2011 and evolving into a practice of 40 professionals, as MHN Design Union, committed to the consideration of innovative, sustainable and quality outcomes to contemporary urbanism. Brian has credentials in developing innovative design solutions for challenging sites having led the design of several recent significant projects including The Forum, The Beach House, Viking and Aria. Some 100 private homes in Sydney also form the practices’ portfolio. With a passion to achieve sustainable outcomes, Brian has a long held interest in ESD and was involved in environmental research projects in Israel, co-authoring the “History of Adobe Architecture in Palestine”. Recent significant projects include DEC winning competitions for One Sydney Park and Portman Road Green Square.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia