The Architect’s Legal Handbook
Legal issues lurk at every corner so it’s imperative that you have the architect’s legal handbook at your fingertips. Attend & hear your key legal questions answered. Looking beyond just the build, this comprehensive program will guide you through the daunting legal landscape. Gain practical knowledge on the national construction code & what it means for you. Understand the intricacies of insolvency, construction disputes, key employment issues & intellectual property protection for architects. WEB226N37
Description
Attend and earn 4 formal CPD points including:
1 point in Practice Management
3 points in Project Delivery
This program is applicable to practitioners from all States & Territories
Chair: Brian Meyerson, Managing Principal, MHN Design Union
CONSTRUCTION DISPUTES FOR ARCHITECTS
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.35am National Construction Code 2022 Changes and Mitigating Risk in Your Practice
This session will look at the changes made in the National Construction Code 2022. Benefit from knowledge on how protect yourself and your practice against risk as you explore:
- Insurance
- Indemnities
- Liability Caps, Exclusions and Limitations
- Fit for purpose obligations
Presented by Grant Parker, Partner, Hamilton Locke
9.35am to 10.25am What Happens if one of the Parties to my Project Becomes Insolvent?
- Insolvency basics: who is who and what each process means
- Practical implications of an insolvency event for a project
- Getting the project finished
- Risk minimisation strategies
Presented by Sam Kingston, Partner, Maddocks
10.25am to 10.35am Break
10.35am to 11.25am How do Construction Disputes get Resolved?
- When do I need to get a lawyer involved?
- What are the first steps in addressing a claim?
- What should I do when the claim is against me?
- Practical steps for preparing for a dispute.
- What are the main dispute resolution vehicles?
- How do adjudication, mediation, expert determination, arbitration and litigation work?
Presented by Petrina Macpherson, Special Counsel, MinterEllison and Nikole Rabeling, Lawyer, MinterEllison
EMPLOYMENT AND IP LAW ISSUES FOR ARCHITECTS
11.25am to 12.15pm What Employment Issues do I Face as an Architect?
- What do I need to know about hiring?
- What workplace issues should I be aware of?
- What can I do to avoid litigation if I have to terminate employees?
Presented by Cameron Solley, Partner, Thynne + Macartney
12.15pm to 1.05pm What is my Intellectual Property and How do I Protect it?
- What is copyright?
- Who owns a copyright?
- How do I protect my work?
- What to do if someone uses my work without permission?
Presented by Adam Rosser, Principal, Adam Rosser Commercial Law; Leading Technology, Media & Telecommunications Lawyer, Doyle’s Guide 2020; Leading Construction Lawyer; Doyle’s Guide 2021 and 2022
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Learning Outcomes:
After completing this course, you should be able to:
- Be updated on National Construction Code (NCC) and its impact on the role of architects
- Plan and implement suitable strategies to navigate common disputes as an architect
- Knowledge and application of all administration and principles for dealing insolvency
- Develop clear and consistent communication with client and relevant stakeholders throughout project
- Analyse different options for protecting your intellectual property
- Understand the key employment issues faced by Architects and determine key issues to be aware of to apply to your practice
Presenters
Brian Meyerson
Brian Meyerson has over 38 years of experience having worked in South Africa, the Middle East and Australia. Brian has held roles at practices Group GSA and Denton Corker Marshall before forming Brian Meyerson Architects in 1997, growing a team of 25 designers by 2011. To date the practice has rebranded as MHN Design Union with over 40 professionals collectively committed to the consideration of innovative, sustainable and quality outcomes to contemporary urbanism. Recent significant projects include DEC winning competitions for One Sydney Park, Portman Road Green Square and The Waterboard site in Waterloo as well as Woollahra Council New Buildings Multiple Housing award for Belgravia, Rose Bay. MHN Design Union was also awarded Best in Practice, 2020 by Australian Institute of Architects.
Grant Parker
Grant brings over 30 years of experience specialising in construction and infrastructure projects. He is known for leveraging his expertise to deliver valuable, innovative and tailored advice to clients and their complex problems. Grant has extensive experience providing contractual, project administration and advisory services to public and private sector clients on major construction and infrastructure projects. He is known for applying his detailed understanding of the intricacies of infrastructure assets to mitigate the risks involved. He has also advised on many public-private partnership (PPP) projects both in the United Kingdom and Australia.
Sam Kingston
Sam specialises in insolvency and restructuring, working with clients in all aspects of external administrations, security enforcement and insolvency dispute resolution. He has acted for clients in a wide range of industries in large scale court proceedings involving complicated insolvency issues and Personal Property Securities Act 2009 (Cth) claims. Sam also has extensive experience in a diverse range of regulatory issues and investigations, including dealings with regulatory bodies like ASIC and AFCA. He has detailed experience in Royal Commissions and was previously the Principal Legal Officer of the Queensland Racing Commission of Inquiry.
Petrina Macpherson
Petrina Macpherson is a Special Counsel in Minter Ellison's Project Infrastructure and Construction team, based in Brisbane. She specialises in dispute resolution in the construction sector. Throughout her career Petrina has been involved in some of the largest Construction Law disputes in Queensland. She has significant experience in security of payment claims. Petrina regularly acts for principals, contractors and major subcontractors. Her experience covers transport infrastructure (in particular tunnels, roads and rail) and resource and mining infrastructure.
Cameron Solley
Cameron Solley is a specialist Professional Risks lawyer and litigator, acting in litigated and pre-litigation claims brought against professionals and company directors and officers. Cameron represents professionals in disputes involving allegations of negligence causing damage in both the “traditional” fields – such as architects, engineers, lawyers and financial advisers – as well as the “new” professions, such as migration agents, technology companies, and alternative therapists. Cameron has a strong practice handling employment practices claims (unfair dismissal and reinstatement actions and workplace harassment / discrimination complaints), and insurance policy advice to underwriters. He has acted in litigated claims and pre-litigation matters in Australia and the UK in the areas of professional indemnity, public liability, personal injury, and sports, leisure & tourism.
Adam Rosser
Adam Rosser is a partner at CCK Lawyers and has been practicing for over 20 years. In addition to his qualifications in law, Adam also has a degree in Architectural Studies, and with it a deep and practical understanding of construction and engineering concepts. Adam's practice is now focused upon building, construction and engineering projects, intellectual property, information technology and contractual advice. Adam is a past chair of both the South Australian Chapter of the Intellectual Property Society of Australia & New Zealand (IPSANZ), and the South Australian Chapter of the Australian Professional Indemnity Group (APIG) and is also involved in the Civil Contractors Federation and Master Builders Association SA.