Building and Construction Disputes Intensive
Attend and catch the latest updates in important areas of construction disputes and leave with improved practical insights, skills and strategies. Gain insight into using Australian consumer law in domestic building cases, hear the latest decisions and receive practical tips on security of payments and performance securities, plus explore the latest in involving third parties in two-party claims. Gain your professional skills point with all you the need-to-know on prolongation and delay claims. 223V23
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is based on VIC legislation
Chair: Harriet Warlow-Shill, Principal, Warlows Legal
9.00am to 9.45am Australian Consumer Law in Domestic Building Cases
- How it works
- When you should consider relying upon it for your client
- Its practical advantages in certain situations
Presented by David Fairweather, Director, Fairweather Legal
9.45am to 10.30am Court of Appeal Decision in Cameron vs Stevens [2021] and Latest Developments in Building and Construction Industry Security of Payments Act
- Understand how Section 40(2) of the Domestic Building Contracts Act 1995 (VIC) provides limits on the progress payments builders can claim
- Examine the Court of Appeal’s guidance on how building owners can recover payments made in breach of s.40(2), and what defences are (and are not available) to builders
- Discuss recent decisions in the SOP Act, focusing on Yuanda Vic Pty Ltd v Façade Designs International Pty Ltd [2021] VSCA 44 and its application in recent County Court decisions
Presented by Nicholas Andreou, Barrister, Chapman's List
10.30am to 10.45am Morning Tea
10.45am to 11.30am Performance Security: Practical Tips for Principals, Contractors and their Lawyers
Projects rarely go entirely as planned. Unexpected delays, disruptions and variations happen, so it is necessary to prepare for the possibility of claims. Performance securities are commonly used but themselves are commonly a matter of dispute between principals and contractors, and so it is critical that the parties clearly understand their rights and obligations.
- Address the key questions that often arise when a party is considering whether it can call on a performance security or how this may be prevented
Presented by James Clarke, Partner and James MacDonald, Senior Associate, Ashurst
Professional Skills
11.30am to 12.15pm Delay Claims and Prolongation Claims: Hear from a Building Expert
- Fact versus fiction: basing delay claims on what actually happened
- Importance of sound programming practices and maintaining accurate site records in the context of preparing and supporting delay claims
- Delay analysis methods: prospective versus retrospective methods of analysis
- Calculating delay costs: costing the delay in the relevant period
Presented by Chris Gould, Principal, Hinds Blunden
12.15pm to 1.15pm Understanding Concurrent Wrongdoing in Building Cases
- Analyse the different mechanisms for involving third parties in two-party litigation; apportionment, contribution and commencement of proceedings by third party notice
- Examine the relevant recent case law
- Gain practical tips on how to handle the client who wants everyone at the party
Presented by Daniel Epstein, Barrister, Patterson’s List
Presenters
Harriet Warlow-Shill
Harriet is Founder + Principal of an innovative firm with a focus on client service, efficiency through technology and excellence. Warlows Legal is a rapidly growing Melbourne based law firm established on 1 March, 2021. Harriet has significant experience interacting with clients at senior management and board level as well as managing and controlling charities, construction, start-ups, and litigation areas of Law. Harriet has worked on and supervised a wide range of corporate law matters including general corporate and commercial advice. Harriet assisted on Native Title, Refugee and Aboriginal rights matters, and assisted with a high-profile Aboriginal rights matter that went to the High Court of Australia. Harriet combines her pro bono work with a thriving legal practice that specialises in construction law, start ups and charities.
David Fairweather
David Fairweather is the principal of Fairweather Legal, a legal practice which focuses predominantly on all aspects of the building and construction industry. David's twenty-year career has ranged from providing advice in relation to the redevelopment of the MCG, windfarm projects and the redevelopment of the old Fairfield Infectious Diseases Hospital into a TAFE which was fraught with industrial relations issues. Fairweather legal typically represents parties in all Courts, the VCAT and before building statutory boards. David was appointed a member of the Building Appeals Board on which he served for 6 years. He also has a specialty in defending building practitioners in disciplinary proceedings. Fairweather Legal has been responsible recently for the Court of Appeal's greater clarification of the National Construction Code which has gained national interest and application.
Nicholas Andreou
Nicholas practises primarily in commercial, construction, corporations and defamation law. Nicholas is a Nationally Accredited Mediator. Prior to signing the Bar roll, Nicholas provided advice to the United Nations Office of Internal Oversight Services (OIOS) and the United Nations Commission on International Trade Law (UNCITRAL) in Vienna.
James Clarke
James Clarke is a partner in Ashurst’s dispute resolution practice. James has extensive experience in the infrastructure, energy and resources industries, having advised Australian and international clients on various road, rail, built environment and power projects. James' involvement in infrastructure projects ranges from providing dispute resolution input at the front-end such as on contract drafting and best practice for contract administration, through to the back-end of running complex high value disputes in litigation and arbitration. James has assisted clients with various contractual, negligence and nuisance claims, consumer protection disputes, environmental contamination claims, corporate crime procedures and investigations, and class actions.
James MacDonald
James is a Senior Associate in Ashurst's dispute resolution team. James has extensive experience acting on large and complex disputes, with a particular focus on construction disputes in the energy and infrastructure sectors. James is experienced in all forms of dispute resolution including negotiation, mediation, expert determination, arbitration and litigation.
Chris Gould
Chris Gould is a Principal at Hinds Blunden in Melbourne. Chris joined Hinds Blunden in February 2000 and with over 17 years’ experience in the construction and engineering industries specialises in programming, time analysis and review of associated cost. During his time at Hinds Blunden Chris has undertaken a number of site based programming and time administration roles assisting Contractors and Principals at tender and during construction. His analytical works include the assessment of delay, disruption, acceleration and associated costs. Chris is experienced in the preparation of reports for a range of projects and topics including time and cost management as well as preparation and presentation of reports in the formal contract environment. Working closely with project staff, senior management and legal teams he has also advised clients in the areas of contract management, project costs and the preparation and assessment of claims. He has also assisted clients by providing advice in various forms of dispute resolution.
Daniel Epstein
Daniel Epstein principally practices in the VCAT jurisdiction in the areas of Administrative and Civil law; specialising in planning and environment, building and construction, compulsory acquisition, covenant removal, owners corporation, leasing, real property and Australian consumer Law. Daniel appears at VCAT, Victorian Planning Panels, Building Appeals Board Of Victoria, Building Practitioners? Board, Small Business Commissioner, Victorian Commission for Gambling and Liquor Regulation, Magistrate Court of Victoria, County Court of Victoria, Supreme Court of Victoria, Federal Court, the Federal Administrative Appeals Tribunal and other relevant planning, building and consumer law tribunals and commercial arbitrations. Daniel's experience includes preparing complex litigation and merits advice, pleadings, affidavits, submissions, appearing in disciplinary proceedings, mediations, interlocutory applications, compulsory conferences, final hearings and appeals. Daniel appears in building, civil litigation and in planning matters for both applicants, objectors, local Council and government authorities in judicial and merits review hearings.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court