Security of Payment Fundamentals
Grasp the fundamental matters of Security of Payments with this expert guide. Examine the key considerations when valuing construction works. Hone your adjudication response skills. Gain insights into expert evidence and the limitations of enforcing security of payments and challenging determinations. This program will equip you with the essential skills for success in any security of payment matter. WEB219N17
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Vera Culkoff, Barrister, Second Floor Selborne Chambers
2.00pm to 2.05pm Opening Comments by the Chair
2.05pm to 3.05pm Valuation of Construction Works: What You Need to Provide to the Adjudicator
- Valuation of construction works: key considerations
- Analysis of legislative provisions and key case law
- Properly substantiating the value of your claims: primary records and statutory declarations
- The role of quantum and delay expert reports in valuation by adjudicators
Presented by Christopher Rowden, Principal, CDI Lawyers; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2021
3.05pm to 4.05pm Preparing Payment Schedules and Adjudication Responses: Tips and Practical Guidance
- Preparing payment schedules
- Tips for adjudication responses
- Recent cases and practical guidance
Presented by Jacqui Doyle, Partner, Holding Redlich
4.05pm to 4.15pm Break
4.15pm to 5.15pm Limitations of Enforcement of Security of Payments and Challenging Determinations
- Options where no payment schedule issued: Statutory debt or adjudication application?
- Enforcing adjudication determinations: the limits of judicial review
- Insolvency issues
- Recent cases
Presented by Sandra Steele, Partner, K&L Gates; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2020 and Natalie Hazzard, Senior Associate, K&L Gates
Presenters
Vera Culkoff, Barrister, Second Floor Selborne Chambers
Vera Culkoff joined the Bar in late 2000. Vera’s practice is primarily in commercial litigation (with an emphasis in building and construction disputes) and estate litigation including probate and family provisions disputes. Vera graduated from UTS with First Class Honours and the University Medal. Before coming to the Bar, Vera was an equity partner with Maurice Blackburn Cashman and Cashman & Partners. Prior to that she was a solicitor with Clayton Utz for 4 years. Vera has lectured widely in building and construction law at various seminars and workshops, as well as chairing Seminars. She has also been regularly involved in mentoring programs for women.
Christopher Rowden, Principal, CDI Lawyers
Christopher has extensive experience in all forms of commercial dispute resolution, with a particular expertise in large scale adjudication, arbitration and court litigation. He has recently acted for a major Japanese contractor in arbitration and adjudication disputes in relation to the $50 billion Ichthys LNG project in Darwin, as well as successfully defending a prosecution by the NT Work Health Authority in respect of a fatality on the project. Christopher has been involved in adjudication disputes in Queensland, New South Wales, Victoria, the Australian Capital Territory, Western Australia, the Northern Territory and Tasmania. Christopher has been recognised as a leading Queensland construction and infrastructure lawyer in 2021 – 2018.
Jacqui Doyle, Partner, Holding Redlich
Jacqui Doyle is a Partner in the Construction and Infrastructure practice and specialises in construction litigation, primarily in relation to disputes arising under commercial construction and infrastructure contracts. Jacqui also has particular experience in advising on claims made under security for payment legislation (in New South Wales, Queensland and Western Australia) including preparing payment claims, payment schedules, adjudication applications and responses. In addition to her security for payment experience, Jacqui is able to advise and guide you on all forms of dispute management including litigation, contractual claim management, mediation, expert determination, arbitration and contract dispute procedures. Jacqui’s expertise has been recognised by clients and peers by being named as a Rising Star in the Australia wide 2019 Doyles Guide for Construction & Infrastructure.
Sandra Steele, Partner, K&L Gates
Sandra Steele is a practice group coordinator for the firm’s global real estate and construction practice and a non-executive director for the Royal Institution of Chartered Surveyors (RICS) Oceania World Regional Board. She has more than 20 years' experience advising on contentious and non-contentious construction law matters. Her expertise includes contract drafting and negotiation as well as litigation and alternative dispute resolution in the project management, construction, engineering and infrastructure project sectors. Sandra is an accredited adjudicator with the Royal Institution of Chartered Surveyors (RICS) and Resolution Institute and has determined in excess of 25 adjudication applications since becoming accredited. Her work in the area of security of payment includes successfully defending the first challenge to an adjudicator's determination in the NSW Court of Appeal under the Building and Construction Industry Security of Payment Act 1999 (NSW).
Natalie Hazzard, Senior Associate, K&L Gates
Natalie Hazzard is a Senior Associate in the Construction practice and has extensive experience in construction and commercial disputes as well as project administration and enforcement of judgments. Natalie advises and acts for principal, head contractor and subcontractor clients with respect to payment claims, payment schedules, adjudication applications and adjudication responses made under the security for payment regimes in several states. More recently, Natalie has advised on security for payment issues involving infrastructure projects, hospitality projects and large scale renewable energy projects.