Security of Payment: Navigating a Claim
Gain knowledge in how to successfully navigate the Security of Payments Act with this expert guide. Examine the key considerations when valuing building and construction works. Sharpen your knowledge and skills through a case update and gain insights into expert evidence, 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. WEB2111V03
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on VIC legislation
Chair: Ben Murphy, Barrister, Foley’s List
2.00pm to 3.00pm Valuation of Construction Works: What You Need to Provide to the Adjudicator
- How construction works are valued by the adjudicator
- Restraints (and lack thereof) on the adjudicator
- Primary records and statutory declarations
- When independent expert evidence should be obtained
- The importance of getting it right the first time
Presented by Alicia Dark, Director, Dark Legal
3.00pm to 4.00pm Recent Security of Payment Cases that Practitioners Should be Aware of
In this session you will look at some key cases in the space of security of payment. Learn how these lessons can help you and your clients.
Presented by Ben McLeod, Special Counsel, Maddocks; Rising Star, Construction and Infrastructure, Doyle’s Guide 2021
4.00pm to 4.15pm Break
4.15pm to 5.15pm Setting Aside Adjudication Decisions as a Claimant
- Recent developments regarding:
- The severance
- Remittal of adjudication decisions
- Limitations of enforcement of security of payments
- Challenging determinations
- Analyse limited circumstances for challenging the determination of an adjudicator
- Explore opportunities for the advancement of grounds resulting in a challenge
- Discuss circumstances when a court might actually overturn an adjudicator’s determination: recent decisions
Presented by Richard Fink, Barrister, Greens List
Presenters
Ben Murphy
Ben Murphy practises in commercial law and appears in all jurisdictions in the Commonwealth of Australia. Ben has over 20 years' experience representing clients involved in a variety of disputes (interlocutory, trial and appeal) concerning: contract law; Corporations law; property law; building, construction and infrastructure disputes; the Australian Consumer Law; equity and trust law; and family law property disputes.
Alicia Dark
Alicia Dark is the Director of Dark Legal. Alicia started Dark Legal because of her passion to innovate how legal services are provided. She identified that clients are becoming increasingly savvy and that their expectations and perception of value are constantly evolving. Alicia does not keep her clients in the dark (pun intended!). She ensures that throughout the entire duration of their matter she is completely accessible and her clients are aware of the steps, costs, strategy and prospects. Above all else, Alicia is dedicated to her clients’ success; not only in any disputes that they may find themselves in, but also the growth of their businesses and avoiding any unnecessary issues that might thwart their achievements.
Ben McLeod
Ben has extensive experience in both contentious and non-contentious matters acting for a variety of participants in the construction, engineering and infrastructure industries, including contractors, principals, subcontractors, consultants and financiers. Ben has experience in drafting, reviewing and negotiating tender documentation and construction and related contracts, as well as contract administration and risk mitigation strategies during the project delivery phase. He has particular expertise in the strategic management and resolution of complex disputes, including security of payment matters, litigation and alternative dispute resolution. Ben is a strategic advisor across the full lifecycle of a project's lifecycle, from procurement and contract administration through to dispute resolution and avoidance. He acts for contractors, subcontractors, principals, and state and local government across a variety of sectors. He has particular expertise in the strategic management and resolution of complex disputes, including mediation, statutory adjudication, litigation and arbitration
Richard Fink
Richard’s practice is focused on Domestic Building Law and Bankruptcy Law. He was a member of the committee of the Building Dispute Practitioners’ Society (BDPS) from 2005 until 2014 and he is a member of the Australian Restructuring Insolvency and Turnaround Association (ARITA). He appears in VCAT, the Magistrates’ Court, the County Court, the Federal Circuit Court, the Supreme Court and the Federal Court. He has represented parties in mediations on numerous occasions. Richard investigates disputes, drafts witness statements and affidavits, provides advice and draws pleadings in complex matters. He organises information, prepares Court Books and Tribunal books and drafts letters of instruction to experts. He is focused on advocacy technique at hearings and mediations and on effective preparation and economic efficiency in litigation. He favours an innovative approach. Richard has a broad foundation as an advocate having appeared in cases in most areas of practice. In 2001 to 2002 he worked overseas as an International Corporate Lawyer. He has taught Business Law as well as Building Law.
Testimonials
“Very good presenters: practical advice and timely information.”
“Interesting speakers who demonstrated in-depth knowledge and experience on the subject matter, and overall a well-planned interactive seminar.”