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 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. 2111Q04
Description
Attend and earn 4 CPD units including:
3 units in Legal Knowledge
1 unit in Professional Skills
This program is based on QLD legislation
Chair: Jason Audsley, Founder, Symmetry Projects
9.00am to 10.00am A Crash Course on How to Set Aside Adjudication Decisions
- A systematic approach to setting aside adjudication decisions – regardless of the issues or reasons for the decision
- An update and overview of the latest cases regarding setting aside adjudications on the basis of jurisdictional error
- Recent developments in case law regarding unlicensed building work and their impact on the validity of adjudication applications
Presented by Alex Tuhtan, Partner, Shand Taylor Lawyers; Leading Construction & Infranstructure Litigatation Lawyer, Doyle's Guide 2021
10.00am to 11.00am Filing an Adjudication Certificate as a Judgment
- Enforcement options
- Registering a charge on property
- Making a monies owed complaint
- Payment withholding requests
- Suspending work
Presented by James Morgan, Special Counsel, Rose Litigation Lawyers; Accredited Specialist in Commercial Litigation
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Setting Aside Adjudication Decisions as a Claimant: Including Developments in the Severance and Remittal of Adjudication Decisions
- The need for jurisdictional error
- Problems with the payment schedule
- Procedural fairness and natural justice
- A new approach to severance
- Why remit?
Presented by Mark Steele, Barrister, Northbank Chambers
12.15pm to 1.15pm Payment Schedule Predicaments: Is there a Valid Payment Schedule and, if in Doubt, What Should a Claimant do?
- A refresher: the statutory requirements for a valid payment schedule under the Building Industry Fairness (Security of Payments) Act 2017
- Can an informal document, such as an e-mail, constitute a valid payment schedule? How much detail is required?
- Multiple documents purporting to be a payment schedule: How should a claimant respond?
- A review of the recent authorities considering the requirements for a payment schedule: tips and pitfalls
Presented by James Hastie, Barrister, Chambers 33
Presenters
Jason Audsley
Jason Audsley is the founder of Symmetry Projects and Construction Claims and Disputes. He has over has over 35 years’ experience in the construction industry and holds formal qualifications in Project Management, Construction Management and is currently in his final semester of his Bachelor of Laws at USQ. Symmetry Projects is a Brisbane-based consultancy that has been delivering project, design and development management services as well acting as contract superintendent for clients in the commercial construction, fit-out, refurbishment and residential building sectors since 2015. Jason identified a gap in the market and now bridges the gap between the two worlds assisting contractors, lawyers and clients in investigating, collating and preparing the necessary information for security of payment and construction disputes.
Alexander Tuhtan
Alex is a partner at Shand Taylor and leads its building and construction team. Alex specialises in preparing all types of construction contracts, preparing adjudication applications and responses, advising on licensing issues and all types of construction disputes. Alex has over 7 years’ experience in all courts and tribunals and regularly acts for developers, builders, subcontractors, construction consultants and other construction professionals. In 2020, Alex was listed as a recommended back-end construction lawyer on Doyle’s Guide and sits on the committee of the Commercial Law Association of Australia (Queensland Chapter). Alex frequently hosts presentations and workshops regarding construction law and presents externally for organisations such as the Commercial Law Association
Mark Steele
Mark practises primarily in commercial litigation and arbitration, medical negligence, estates and succession, and building and administrative law. Prior to coming to the Bar in 2005 Mark worked for two national law firms. He also worked for two years in the United Kingdom, including for the BSE Inquiry. Mark has appeared in Courts and Tribunals at trial and appellate level, including in the High Court, Federal Courts and Tribunals, and State Courts and Tribunals. Mark has also successfully acted (unled) in an international arbitration under the ICC Rules, against a leading Queen’s Counsel. Mark is an accredited mediator. Mark is a member of the Migration Law Committee of the Bar Association of Queensland. Mark is a joint winner of the 2015 Australian Lawyers’ Alliance Qld Civil Justice Award.
James Morgan
James was admitted as a solicitor in March 2004 and has practised in Commercial Litigation and dispute resolution since December 2004. James has extensive knowledge of construction law, civil procedure in state Courts and Tribunals, insolvency law, and administrative law. James has acted for the Queensland Building and Construction Commission, builders and building owners, trade suppliers, subcontractors, local governments, directors, franchisees, lenders, borrowers, private schools, liquidators, and bankruptcy trustees. James addresses legal and factual issues head on without delay and without unnecessary expense.
James Hastie
James Hastie has a broad commercial practice and appears regularly, both led and unled, in State and Federal Courts. He has a particular interest in corporations, insolvency, property and building and construction disputes. James was admitted as solicitor in 2012 and called to the Bar in 2016. James is a graduate of the University of Queensland and holds a Bachelor of Laws with Honours. Prior to coming to the Bar, he practiced as a solicitor for four years.
Venue
Hilton Brisbane
190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia
Directions
Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.
Nearby Public Transport:Train Stations - Central Station
Bus Interchange - George Square Bus Station
Parking
Parking is not included in your registration. There is valet parking available for AU$58.00