Construction Disputes and Litigation
It’s more important than ever to stay up to date with rapid changes with legal issues in the construction industry. Together with an expert panel, explore the most pressing developments, trends and changes in the building industry. Examine the latest cases and hear in-depth presentations on major new developments in cladding, security of payment, legislation, subcontractor insolvency, employment law and more. WEB216N24
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Danny Feller SC, Edmund Barton Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Critical Recent Construction Cases and the Impact on your Practice
Analyse the latest construction law cases, including the key facts in each, the important takeaways, and the potential impact on your clients and your practice.
Presented by Adele Carr, Barrister, Greenway Chambers; Recommended Construction & Infrastructure Junior Counsel, Doyle’s Guide 2021
9.50am to 10.35am Security of Payment: Major Developments
Take an in-depth look at major developments in Security of Payment and what you need to know to keep your practice at the cutting edge.
Presented by Peter Sarlos, Lawyer; Construction Adjudicator; ADR Practitioner; Architect; Building Surveyor
10.35am to 11.20am Cladding: Legal Updates
- Dig into the issues arising from the legal reform following the Grenfell Tower fire, including:
- Motions
- Suggested spread-sheeting
- Warranties
- Liabilities
Presented by David Bannerman, Principal, Bannermans Lawyers
11.20am to 11.35am Morning Tea
11.35am to 12.20pm How to Manage Subcontractor Insolvency
- No business insolvency tsunami occurred in 2020: What’s the outlook for 2021?
- New restructuring process for subcontractors
- Emerging trends in insolvency for subcontractors
Presented by Ben Sewell, Principal, Sewell & Kettle Lawyers
12.20pm to 1.05pm Employment Law Update for the Construction Industry
Examine and analyse latest major employment law trends impacting the construction sector including as a result of COVID-19 and recent legislative changes.
Presented by Brett Feltham, Partner, Gadens
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Danny Feller SC
Danny is Head of Chambers and Chairman of the board of Edmund Barton Chambers. He is a mediator and is experienced in alternate dispute resolution. He has served as a NSW Bar Association approved arbitrator for the District and Supreme Courts. He is a leading senior counsel specialising in construction and infrastructure and insurance law. He has been recommended in Doyles as a Leading Construction & Infrastructure Senior Counsel. Danny has been in continuous practice at the NSW bar since the date of his admission. Over that time, he has practised in a wide variety of fields and jurisdictions, including common law, equity and appellate work.
Adele Carr
Adele is known for her strategic and collaborative approach to the resolution of commercial and administrative law disputes. She works closely with solicitors and in-house counsel to understand key commercial and organisational drivers to resolve legal issues quickly. An astute negotiator and communicator, Adele isolates the key issues and helps her clients develop pragmatic commercial solutions. Recognised as a recommended junior counsel for construction and infrastructure disputes in Doyle's Guide to the Australian Legal Profession, Adele accepts briefs to advise and appear in the Federal Court, NSW Supreme and District Courts, and NSW and Victorian Tribunals as well as all forms of alternative dispute resolution including mediation, adjudication, expert determination and arbitration.
Peter Sarlos
Peter Sarlos, Architect; Lawyer; Building Surveyor; Construction Adjudicator; ADR Practitioner, Construction Adjudicator registered in New South Wales, Queensland, South Australia, Tasmania and Victoria. In addition he is the founder and vice president of the Adjudication Forum Incorporated. Peter's present focus of activity involves the application of his skills and experience gained through over 45 years involvement in the building industry as an architect, Lawyer, expert, & construction adjudicator. Peter has actively participated in industry organisations where he, together with others addresses issues facing the industry including:
- Architects Registration Board of NSW
- NSW Chapter of the (R)AIA through participation in the Institute’s Chapter Council, Practice Committee, CPD Committee and Senior Counsellor Service.
- Building Regulation Advisory Council of NSW (BRAC)
- ABCB / NCC subcommittee on Condensation in Buildings
- Building Professionals Board Technical Reference Group.
David Bannerman
David Bannerman is the principal of Bannermans Lawyers, Sydney’s leading Strata Law firm, providing specialised legal services for the Strata industry, the development and construction industry and the insurance industry. He is an Accredited Property Law Specialist with the Law Society of New South Wales and has over 15 years extensive experience in all aspects of property law and building litigation. David has a keen interest in education and training, regularly presenting education seminars to lawyers, experts, certifiers and strata managers. Additionally, David is a Director of Strata Community Australia (NSW) and Chairman of the code of conduct committee.
Ben Sewell
Ben is an expert in commercial litigation and insolvency law and has developed this expertise from 15 years of experience as a specialist solicitor. Ben is also a leading expert in personal property securities law (i.e. the Personal Property Securities Act 2009). He has advised hirers, lenders, creditors and insolvency practitioners about this evolving area. In 2014 Ben represented clients in the first Australian case that interpreted section 20 of the Personal Property Securities Act. The landmark case is authority for the principle that a written security agreement being "adopted or accepted" (but not necessarily signed) is a pre-condition for a "perfected" (and therefore enforceable) security interest. The enforcement of security interests is a critical concern for creditors and the PPSR system has introduced a new set of rules regarding the enforcement and prioritisation of security interests. Ben also drafts security documentation and advises lenders about how to take security over personal property including debt factoring and discounting.
Brett Feltham
Brett is a partner in the Employment Advisory Team at Gadens with over 20 years’ experience. He is a Law Society of New South Wales Accredited Specialist in Employment and Industrial Relations Law, and provides assistance in relation to employment, workplace relations, discrimination and workplace health and safety issues from both an advisory and contentious perspective. This include assisting clients on the entire employment life cycle from pre-employment through to post-employment issues. Brett has considerable experience and expertise in relation to cross-border employment arrangements and has assisted many clients to expand both into and out of Australia. He is an expert on executive remuneration and employee equity and cash incentive arrangements.