Security of Payment: Reforms and Best Practices
This Security of Payments intensive offers all the information, updates and strategies you need to navigate claims and disputes. Examine the significant reforms in WA, what’s changed, and what you need to do in the new regime. Then gain detailed guides to the key issues involved in security of payment claims that you need to get right. Delve into valuation, quantum, expert reports, preparing payment schedules & adjudication responses, enforcement, and challenging or setting aside determinations. 2111W01
Description
Attend and earn 4 CPD points Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Jessica Henderson, Barrister, Francis Burt Chambers
9.00am to 10.00am Security of Payment Reform in Western Australia: What to Expect and What You Will Need to Do Differently
- Overview of the changes, the key takeaways, and what you need to change and do in the new regime
- What types of construction work will now fall under security of payment legislation?
- How the new regime drastically alters parties’ rights to make and respond to payment claims, and the timeframes for doing both
- Guidance for reviewing your construction contracts and considering:
- If changes to payment and notice protocols are needed
- If amendments are required to ensure responses to payment claims meet the requirements of a payment schedule under the new Act
- Additional contractual risk management strategies that should be included in your construction contracts
Presented by Donna Charlesworth, Partner, Squire Patton Boggs; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2021
10.00am to 11.00am Preparing an Adjudication Application: What You Need to Provide to the Adjudicator
- The essential ingredients of an adjudication application
- Establishing jurisdiction
- Valuation of the payment claim: key considerations
- 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 Robert O’Brien, Of Counsel, Squire Patton Boggs
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Preparing Payment Schedules and Adjudication Responses: Tips and Practical Guidance
- Step by step guide to preparing payment schedules
- Strategies and best practices for effective adjudication responses
- Examples and practical guidance
Presented by Graham Morrow, Principal, Graham Morrow & Associates
12.15pm to 1.15pm Enforcement of Security of Payments, Challenging Determinations and Setting Aside Determinations
- Options where there’s a problem with the payment schedule or no payment schedule was issued
- Enforcing adjudication determinations: the limits of judicial review
- Strategies and approaches to setting aside determinations
- Lessons and examples from recent cases
Presented by Scott Ellis, Barrister, Francis Burt Chambers
Presenters
Jessica Henderson
Jessica Henderson maintains a diverse advocacy practice including construction, aviation, commercial, employment, family, criminal and public law. She has acted for oil & gas companies, airlines, insurers, government, as well as individuals. Henderson holds a PhD in History from the University of Western Australia and was subsequently awarded a fellowship to the University of Virginia. She remains both an enthusiastic historian and a dedicated supporter of the Virginia Cavaliers.
Donna Charlesworth
Donna Charlesworth is a partner in the Perth office, specialising in construction and major projects, procurement and contract claims management. She has extensive experience in drafting and negotiating construction and engineering contracts and in structuring projects. Donna advises on key project documents, including the preparation and evaluation of requests for tender, procurement contracts, power purchase agreements, offtake agreements, EPC contracts, operation and maintenance contracts, farm-in and farm-out agreements, supply and installation agreements, lender direct agreements, performance bonds and guarantees. She also assists clients in relation to arbitrations and adjudications arising from major construction projects.
Robert O’Brien
Robert is a qualified lawyer in Ireland and a civil engineer with extensive experience in representing developers, contractors and sub-contractors in complex disputes arising out of a variety of projects. He has had significant exposure to all methods of dispute resolution used within the construction industry, including adjudication, mediation and arbitration and has acted in high value claims in the Irish Commercial Court and the Supreme Court of Western Australia. In addition to dispute resolution work, Robert is also experienced in the drafting and administration of construction contracts.
Graham Morrow
Graham Morrow has practiced as a construction lawyer in Perth since 2002: he is also a practicing adjudicator, arbitrator and expert determiner of building and related matters. Prior to this, Graham worked as a chartered quantity surveyor for 14 years in Belfast & Melbourne. The majority of Graham’s legal career has been spent in and around the construction industry, advising on building, construction and infrastructure contracts, issues and related disputes. Graham has been the appointed adjudicator on many payment disputes in WA, prepared many adjudication applications and responses, advised on SAT and Supreme Court appeals of adjudication decisions, given talks and lectures on the subject of adjudication and made detailed submissions for the Murray & Fiocco Reports on adjudication.
Scott Ellis
Scott Ellis practices primarily as an arbitrator and mediator. He also acts as an expert determiner, an adjudicator under the Construction Contracts Act 2004 and as counsel in commercial disputes. He works mainly in the areas of building and construction, mining and joint ventures, access to infrastructure, intellectual property, regulatory matters and commercial and contract disputes. Scott is a Fellow of the Australian Centre for International Commercial Arbitration, a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators and of Resolution Institute.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.