Building and Construction Update
Hear the latest legal updates affecting the building sector and leave with improved practical skills and strategies. Get clarity on the current thinking and application of the prevention principle and recent decisions in security of payments. In addition, learn how the new anti-phoenixing laws and other insolvency reforms have affected the construction industry. This morning session is packed with the latest developments that you can apply to your practice immediately. WEB219V01
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation
Chair: Alexandra Golding, Barrister, Young’s List
9.00am to 10.00am Prevention Principle: Impacts of the Recent Court of Appeal Case Bensons Property Group v Key Infrastructure Australia
Discuss the key elements of the 'prevention principle' and its operation in light of the recent Court of Appeal judgment in Victoria in Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd [2021] VSCA 69.
- What 'conduct' triggers the operation of the 'prevention principle'?
- How does the judgement in Bensons change and/or clarify our understanding of the 'prevention principle' and its relationship with other implied or express contractual obligations – including notions of good faith and obligations upon parties to cooperate
Presented by St John Frawley, Partner, Thomson Geer
10.00am to 11.00am Security of Payments: Refresher and Recent Case Update
Discuss the key concepts in the Building and Construction Industry Security of Payment Act 2002, together with a review of recent case law (including the Court of Appeal decision in Yuanda Vic v Designs International).
Presented by Tara Nelson, Associate, HWL Ebsworth Lawyers
11.00am to 11.15am Break
11.15am to 12.15pm Proportionate Liability: Loss, Damages & Recent Cases
- What is an apportionable claim? Identifying loss or damage
- Victorian Wrong Act 1958 Part IVAA and similar statutory provisions in other states
- An assessment of the Court of Appeal decision of Tanah Merah Vic Pty Ltd v Owners Corporation No: 1 (2021) (the Lacrosse Decision)
- Lessons from Lacrosse
Presented by Tom Davie, Barrister, Queen’s Square Chambers; author, Annotated Home Building Act, Prospect Media, 2000 and co-author, Understanding Construction Law, LexisNexis 2015, 2nd edition; Recommended Construction & Infrastructure Junior Counsel, Doyle’s Guide 2021
12.15pm to 1.15pm New Anti-Phoenixing Laws and Insolvency Reforms in the Construction Industry
Analysis of recent insolvency reforms and their impact on the construction industry.
Presented by Scott Anderson, Partner and Official Liquidator, Worrells Solvency & Forensic Accountants
Presenters
Alexandra Golding
Prior to coming to the Bar, Alex Golding practised as a solicitor for 20 years, most recently as a senior consultant at Moray & Agnew. She practises in the commercial sphere with particular interest in professional negligence, liability, environmental and building claims. She was seconded to a financial institution and undertook asset recovery work for that institution. She is experienced in all forms of ADR, particularly mediation. Alex is the Victorian editor of the Insurance Law Bulletin, a past president of the Victorian chapter of the Australian Professional Indemnity Group and a former National Committee member. Alex is also a past member of the Bar's Professional Standards Committee.
St John Frawley
St John is widely recognised by clients and peers as a leading advisor in the Best Lawyers in Australia in the area of Construction/Infrastructure Law (2017 – 2019) and Alternative Dispute Resolution (2019). He has been recognised by Legal 500 Asia Pacific (2018) and in Doyle's Guide (2012 – 2018) as a recommended construction lawyer. He has also been identified in the ALB Guide: Building and Construction Lawyers 2009 as one of the 20 'leading lawyers' in Australia and New Zealand. St John has recently been named in Who's Who Legal Australia and Who's Who Legal International: Construction for his expertise in Construction law (2017 - 2019). St John is an official contributor to leading industry text, Construction Law in Australia (Third Edition), 2011 by Bailey and Bell.
Joel Silver
Joel is a trusted commercial adviser to a wide range of clients. His increasing focus is in the building and construction field (from smaller domestic building disputes to larger security of payment issues), together with property law (advising on easements, owners' corporations, leasing disputes, and nuisance matters), insolvency, and insurance. He often advises parties from the earliest stages of their disputes (including on obtaining expert evidence), and is experienced in the preparation and running of trials, both led and unled. He has a keen interest in alternative dispute resolution in the construction sphere.
Scott Anderson
Scott joined Worrells in November 2014 and is a Partner based in the Geelong office that services the Greater City of Geelong, Bellarine Peninsula, Victorian Surf Coast and Colac. Scott has specialised in all forms of Personal and Corporate insolvency administrations since 2006, of which four years was spent dealing with complex insolvencies and forensic accounting investigations in offshore financial centres. He is a Registered Liquidator and has a broad range of experience across various industries including transport, manufacturing, retail and finance. Scott has completed the Advanced Insolvency Course, is a Chartered Accountant, a member of the Australian Restructuring Insolvency & Turnaround Association and is also a Certified Financial Crime Specialist.
Tara Nelson
Tara is an Associate in the Construction and Infrastructure Group at HWL Ebsworth Lawyers. Tara has advised on all types of projects, negotiations, project documentation, project delivery, claims management and dispute resolution. Her disputes experience covers high value court proceedings, adjudications and mediations in Queensland, New South Wales, Victoria, South Australia and Western Australia. Tara's adjudication experience includes acting for a claimant in relation to an adjudication application that had been made in respect of an "other arrangement" for a residential development; acting for a respondent in disputing an adjudication application that had been made in respect of multiple construction contracts; acting for the claimant in respect of 4 adjudication applications to recover the cost of hiring cranes and acting for the respondent in disputing an adjudication application whereby the claimant claimed the costs of carrying out defective works on a wind farm in South Australia.
Tom Davie
Tom is one of Sydney’s most experienced and respected construction law barristers. He is the author of the Annotated Home Building Act and a co-author of Understanding Construction Law. He regards building and construction law as a branch of commercial law. Before coming to the bar in 1998 Tom practiced as a solicitor and partner involved in building and construction, commercial, and planning law at major legal practices across three jurisdictions.