Building & Construction Law in NSW: Updates, Reforms and Disputes
Following a string of building failures and the recent resignation of NSW Building Commissioner, the industry stands perplexed. Twelve months after the commencement of new design compliance requirements under the DBPA and the associated regulations, there is still uncertainty of ‘what’ the legislation means for existing buildings. Join the experts as they take a deep dive into the important changes, developments in construction disputes and what it all means for you. WEB2211N19Z
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Description
Attend and earn 2.5 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Frank Hicks SC, Barrister, Greenway Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 10.05pm Update on Design and Building Practitioners Act and Residential Apartment Buildings Act
- Statutory duty of care: supervision and project management, substantive control over the carrying out of building work, requirements to allege a breach of duty of care in court proceedings, key take-aways
- Regulated designs and building work, engineering work and specialist work and insurance requirements
- Impacts of the new regime - is it working?
Presented by Tom Davie, Barrister, Queen’s Square Chambers
10.05am to 11.05am Security of Payment Update
- Recent significant cases
- Trends in adjudication disputes
- Legislative reforms
Presented by Jack Fan, Partner, Thomson Geer
11.05pm to 11.15pm Break
11.15pm to 11.45pm Building & Construction Disputes
- NCAT Procedure
- Time limits
- Breach of statutory warranties
- Supply defects of building goods or services
- Appeals about insurance claims
- Delay claims
Presented by William Calokerinos, Barrister, Second Floor Wentworth Chambers
Presenters
Frank Hicks SC
Frank Hicks SC is a Senior Counsel specialising in commercial law. He is primarily engaged to represent clients in technology and construction disputes concerning commercial, industrial and infrastructure projects, as well as mining, energy and renewable energy projects and large-scale residential developments. Frank is often briefed to appear in the Federal Court, and in the courts and tribunals of New South Wales, Queensland, Victoria, South Australia and the ACT. He also appears in domestic and international arbitrations, and has advised on and appeared in other forms of alternative dispute resolution, including mediation and expert determination. Frank has appeared for a wide variety of parties, from individuals to large corporations, multinational companies, and state and Commonwealth government entities. Before being called to the NSW Bar, Frank was a Senior Associate in the Disputes division of Clayton Utz’s Construction & Major Projects Group. From 1993 to 1996, he was a solicitor with Marsdens, where he worked in general litigation in Campbelltown and Sydney. Frank has a deep interest in the law surrounding expert evidence, particularly as it relates to delay, disruption and programming for construction projects, engineering issues (structural, geotechnical and civil) and architectural/design services. He has given many presentations for Building and Construction Disputes Workshops, NSW Young Lawyers CLE seminars, UNSW Legal Seminars and local Law Society CLE seminars. Outside of the law, Frank enjoys cricket, rugby (union and league), horse racing and fine music. Since 2014, Frank has been ranked by Doyles Guide as a leading and preeminent junior and senior counsel in construction law, in both NSW and Australia. Since 2015, Frank has been identified in the Chambers and Partners Guide, Asia-Pacific as a Band 1 barrister in Australia for construction and infrastructure disputes and a top new silk for 2018. Since 2018, Frank has been recognised in Best Lawyers in Australia for Construction/Infrastructure.
William Calokerinos
Mr Calokerinos is an experienced and trusted Australian Barrister. Mr Calokerinos has practised from the same Chambers since being admitted in April 2010. Mr Calokerinos is a floor member and owns Chambers in Two Wentworth Chambers. Mr Calokerinos is also presently; a part-time academic at the UTS law school, Sydney, teaching Construction Law in the LLB Program and a presenter, teacher, exam writer and marker with the CTA programs for the Tax Institute. Mr Calokerinos prides himself on his attention to detail with all his professional work. In his early career, Mr Calokerinos spent around six years working in management and director reporting roles as a senior management accountant in the telecommunication industry (Vodafone and Macquarie Telecom) prior to his experience working in Big Four in tax consulting. As a Barrister, Mr Calokerinos has significant expertise in tax law, commercial matters, criminal law, insolvency, planning and environmental law, building, construction, and infrastructure litigation. Mr Calokerinos practices in both the civil and criminal jurisdiction. William’s litigation experience includes appellant jurisdiction, corporate insolvency, bankruptcy, criminal law, white collar crime, tax crime, corporations and significant property, equity, and trust litigation. Mr Calokerinos is constantly maintaining his tax knowledge and he is a current CTA (Chartered Tax Adviser) member with the Tax Institute of Australia and full member and Chartered Accountant (CA) with CAANZ. Mr Calokerinos holds a Master of Laws (Uni Syd), a Bachelor of Laws (with Honours) (UTS) and a Bachelor of Commerce (UWoll). Mr Calokerinos is a member of: NSW Bar Association, Victorian Bar Association, Tax Bar Association, Criminal Bar Association and Australian Bar Association; Chartered Accountant member of CA ANZ; Master Builders Association member and Councillor. - also Completed CERT IV in building and Diploma of Building; Legal Aid NSW Serious Crime and Indictable Panel and the Society of Construction Law Australia (Barrister, Member).