Infrastructure and Building in Victoria: Updates, Disputes and Challenges
The construction industry in Victoria has had a tumultuous journey: a new 30-year infrastructure strategy, changes to the Building Act, and the probuild insolvency to name a few. Hear from the leading experts as they unpack these critical legislative and planning reforms plus focus on the implications of recent decisions. Learn how the probuild insolvency has impacted the industry and what lessons can be learnt. WEB2211V06Z
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation
Chair: Catherine Bell, Principal Solicitor, KHQ Lawyers
CRITICAL UPDATES
9.00am to 10.00am Victorian Infrastructure Strategy 2021 – 2051: Key Recommendations for Change
- Long-term challenges
- Urban change
- Regional Victoria – Economic and Community development
- Focus on transport
- Other Infrastructure – water, courts, hospitals, homes and buildings, waste
- Current level of complexity in the drafting of PPP transactions (and other forms of contracts
- Current contracting model: macro-economic risks, lessons learnt from the Carillion experience in the UK
Presented by Andrew Stephenson, National Head of Projects, Corrs Chambers Westgarth, Market Leader, Doyles Guide Leading Construction & Infrastructure Litigation Lawyers – Victoria 2022
10.00am to 11.00am Infrastructure and Building: Recent Reforms and Updates
- Changes to the Building Act: the reforms
- Security payment legislation update
- Domestic building regulations
- Other updates
Presented by Goran Gelic, Principal, Russell Kennedy Lawyers
11.00am to 11.15am Morning Tea Break
DISPUTES, CHALLENGERS AND RECENT DECISIONS
11.15am to 12.15pm Impact of the Probuild Insolvency - Lessons for the Construction Industry
While the voluntary admission of most of Probuild entities continues, the exact nature and effects remain unclear. This session will:
- Clarify the uncertainty behind the rights of principals, and how best to mitigate their losses
- Analyse some important lessons for the construction industry going forward
Presented by George H Golvan KC, Svenson Barristers
12.15pm to 1.15pm Case Law Update: A Round-up of Recent Decisions and their Implications
Analyse recent topical decisions and their implications for construction and infrastructure projects, including:
- Limitation periods under the Building Act 1993
- Application of the prevention principle
- Liquidated damages as a penalty
- Security of payment update
Presented by Anna Scannell, Partner, Maddocks
Presenters
Catherine Bell
Catherine leads the Construction & Engineering team. She is recognised as a leading construction law practitioner, and has more than 20 years’ experience in construction and infrastructure law, advising on major construction projects and acting in and resolving construction disputes. Catherine acts for principals, consultants, project managers, contractors, superintendents and specialist subcontractors across a variety of projects and contentious matters. Her experience includes litigation, arbitration and alternative dispute resolution, as well as advising on project delivery, contract drafting and administration, and contract risks. She also has significant experience in security of payment disputes and advising various industry participants (including insolvency practitioners) on strategic use of rights for recovering outstanding payments under construction contracts. Catherine contributed to the 3rd and 4th editions of Construction Law in Australia. She is admitted to the High Court and the Supreme Court of Victoria, and is a member of the Law Institute of Victoria, the Building Dispute Practitioners’ Society, and the Society of Construction Law Australia.
Andrew Stephenson
A market-leading projects lawyer with a particular focus on matters involving technology, engineering, construction, infrastructure and international arbitration, Andrew has successfully run some of Australia’s largest arbitrations and litigation. He provides advice to clients on contractual project risk allocation, dispute management and dispute resolution, and also advises in relation to bi-lateral investment treaty protection for inward and outward investment. Andrew’s practice has a truly global reach, with projects in diverse jurisdictions ranging from all Australian States and Territories to Papua New Guinea, the United Kingdom, Iran, Kuwait, Singapore, China, Malaysia, India and the United Arab Emirates. Andrew is consistently listed as a leading lawyer by legal directories and publications including the Legal 500, Chambers and Partners and Best Lawyers. Andrew is a board member of the Australian Centre for International Commercial Arbitration (ACICA) and the Australian correspondent for the London-based International Construction Law Review. He is a Senior Fellow and Lecturer for the University of Melbourne’s Melbourne Law Masters Program, a Fellow and former board member at the International Academy of Construction Lawyers, and Former Co-Chair Project Execution Sub-Committee at the International Construction Projects Committee.
Goran Gelic
Goran Gelic is a Principal in Russell Kennedy’s Dispute Resolution team with over 11 years’ experience. He is an infrastructure and energy expert, specialising in a range of construction, infrastructure, energy, renewable energy, utilities, water, and waste major projects.Goran is experienced in a variety of contract structures, as well as developing tender packages, and advising on complex procurement issues. He is experienced in the use of Building Information Modelling (BIM) on projects, and has worked with government, designers, operators and contractors on BIM policy and implementation. Goran has also received recognition for his hard work and expertise in this area. Goran was a finalist in the 2019 Australian Law Awards.
George Golvan KC
George Golvan is a King's Counsel who holds degrees in Law and Jurisprudence from Monash University and the degree of Juris Doctor ( J.D.) from Arizona State University. Mr Golvan practices in the areas of Building and Construction Law, Commercial Arbitration, Commercial Tenancy, Banking and Insurance, and general Commercial and Corporate Law. Mr Golvan has also actively practised mediation and arbitration for over twenty-five years, and has been involved in numerous substantial commercial and construction matters as counsel, mediator and arbitrator, specialising in complex building and engineering disputes. He currently is the Chair of the Dispute Resolution Board (DRB) of Sydney's Desalination Plant Project. Mr. Golvan has acted in a large number of matters as mediator, both privately and in cases referred from the County Court, Supreme Court and Federal Court. He is a Grade 1 Arbitrator and Past Chairman of the Institute of Arbitrators (Victorian Chapter) and the Building Dispute Practitioners Society. He was a member of the panel of Conciliators appointed by the Governor-in-Council pursuant to the Retail Tenancies Act 1986, and is a member of the Victorian Executive of the Law Council of Australia Construction Law Committee. Mr Golvan has attended and conducted many workshops and lectures on arbitration and construction law, and written numerous papers on related subjects. He has been an assessor at LEADR Mediation Courses, conducted the Victorian Bar Readers' Mediator workshops, organised and assisted in conducting the General and Advanced Mediation Workshops arranged by the Institute of Arbitrators, and has lectured in the General and Advanced Arbitration Courses. He has also acted as a trainer for Bond University Mediation Workshops. He has been a guest lecturer in ADR and Construction Law at Latrobe University, Monash University, and at the University of Melbourne. Mr Golvan has conducted over 1,500 Commercial, Construction and Building Dispute Mediations. Mr Golvan is a Fellow of the Institute of Arbitrators, Australia and is a Grade 1 Arbitrator.
Anna Scannell
Anna specialises in the resolution of disputes on construction and infrastructure projects acting, primarily, for a mix of Government (both State and local) and national contractor clients. The types of projects on which Anna has advised include transport infrastructure (rail, road and airport), civil infrastructure (water and gas pipelines), social infrastructure (hospitals, schools and universities) and commercial and residential developments. Anna has previously worked in New Zealand and subsequently the United Arab Emirates, where she represented contractor clients in international arbitrations concerning high-value disputes arising out of a number of iconic projects, including the Burj Khalifa and the ‘Palm Jumeirah’ island. She also has significant experience in court proceedings, domestic arbitration, expert determination, mediation, statutory adjudication and other methods of alternative dispute resolution. Anna prides herself on understanding the technical and commercial complexities of construction and infrastructure projects, and providing early stage practical advice to assist her clients in identifying and dealing with potential disputes at an early stage before they escalate to a costly, formal proceeding. Where a formal dispute cannot be avoided, Anna works with her clients to identify strategies to mitigate both commercial and legal risk.