Construction Law Roundup

With the sector facing significant controversies, tackle the hottest topics in Victorian construction law. Discover the latest on the Inquiry into payment disputes for completed works, the game-changing Thurin v Krongold decision, recourse to performance guarantees and hear from the Judge in charge of the building cases list as they breakdown jurisdiction uncertainties. Plus, help your clients build cashflow as you receive best practice tips on getting your construction clients paid. 243V22

Description

Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation

Chair: Albert Monichino KC, Chartered Arbitrator and Mediator, List A Barristers

9.00am to 9.05am Opening Comments by the Chair

9.05am to 9.50aInquiry Into Employers and Contractors who Refuse to Pay Their Subcontractors for Completed Works

  • Using the Building and Construction Industry Security of Payment Act 2002 (the SOP Act)
  • Can it be used for payment claims in respect of residential building work?
  • Practical issues with enforcement of SOP Act determinations
  • Can a builder sue a subcontractor for defective work after handover of the project?

Presented by Nicholas Andreou, Barrister, Chapman's List Barristers

9.50am to 10.35am Thurin v Krongold Appeal: Legislative Changes

  • Thurin v Krongold Constructions (Aust) Pty Ltd [2022] VSCA 226
  • Krongold v Thurin [2023] VSCA 191
  • Justice Legislation Amendment Act 2023

Presented by Jeremy Twigg KC, Castan Chambers; Recommended Construction & Infrastructure Law Senior Counsel, Doyle’s Guide 2023

10.35am to 10.50am Morning Tea

10.50am to 11.35am HEAR FROM THE BENCH

Get the inside scoop from the bench! Join us for a truly unique perspective on the dynamic realm of VCAT and the County Courts jurisdiction.  
Presented by Her Honour Judge Kirton, Judge in Charge of the Building Cases List, County Court of Victoria

11.35am to 12.20pm Recourse to Performance Guarantees Following Termination of the Building Contract

Where termination under the Contract or at common law

  • The role of Court at an interlocutory stage to consider validity of a disputed termination
  • Where the Principal asserts there is no serious question to be tried in relation to its entitlement to have recourse to performance guarantees following termination
  • Principal’s accrued entitlements to recourse prior to termination
  • Construction of the applicable security provisions to identify purpose/ risk allocation of whom is to be out of pocket pending a final determination of entitlement
  • Does the Contractor’s obligation to provide security and the Principal’s entitlement to have recourse survive a valid or a disputed termination?
  • Can mandatory notice provisions be complied with following termination?
  • Analysis of Australian Standards Standard Form Contract AS 2124-1992

Presented by David McAndrew KC, Lennon's List Barristers; Recommended Construction & Infrastructure Law Senior Counsel, Doyle’s Guide 2022

12.20pm to 1.05pm How to get your Construction Industry Clients Paid

  • Obtaining judgement: ensuring you have the right entity
  • What sort of judgement: the difference between SOP Act enforcement and other enforcement of judgements
  • Statutory demands
  • Garnishee orders
  • Proposed solutions to think about

Presented by Harriet Warlow-Shill, Founder and Managing Partner, Warlows Legal

1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair

Presenters

Albert Monichino KC
Albert Monichino KC practices as a barrister, arbitrator and mediator. Appointed senior counsel in 2010 he has over 30 years of experience in commercial dispute resolution. He is a past President of the Australian branch of the Chartered Institute of Arbitrators (‘CIArb’), a Chartered Arbitrator, and is accredited as an advanced mediator. He has consistently been listed by Doyle’s Guide between 2017 and 2023 as one of Australia’s leading arbitration barristers. Albert has acted as arbitrator or as counsel under various arbitration rules in wide-ranging commercial disputes throughout the Asia-Pacific region, including construction, engineering and infrastructure disputes. He has lectured and/or tutored in the CIArb Diploma Course in International Commercial Arbitration since its inception in 2016. In 2006 he was the Co-Course Director of the inaugural CIArb Asia-Pacific Diploma Course held in Singapore. Albert is the lead lecturer of the subject “Arbitration of International Commercial Disputes” offered by Monash University in June 2023 in its postgraduate law program. Albert also has a broad commercial litigation practice in the superior courts in Australia, including in the area of building and construction. He recently appeared for Amcor in a 45 day Supreme Court trial involving the remediation for asbestos contamination of the former Amcor paper mill site in Alphington, which Amcor sold to the developer, Glenville (judgment in favour of Amcor: [2023] VSC 5337).

Nicholas Andreou
Nicholas practises primarily in commercial, construction, corporations and defamation law. Nicholas has appeared in many of the leading judgments in Victoria which consider the Building and Construction Industry Security of Payment Act 2002.  Nicholas regularly appears in VCAT and the County Court representing builders, subcontractors, developers and owners alike. Nicholas enjoys particularly technically complex disputes involving structural and geotechnical engineering issues.  Nicholas has appeared in the Court of Appeal on matters concerning the Domestic Building Contracts Act 1995.

Jeremy Twigg KC
Since 1992, Jeremy Twigg has developed a commercial law practice specialising in construction, engineering and property law appearing regularly in the Superior Courts. Jeremy has acted for developers, builders, subcontractors and engineers in disputes in court and arbitration concerning commercial, residential and industrial construction, earthworks and civil works, technical design and rail and road infrastructure. He is familiar with the standard forms of contract used in Australian Engineering and Construction Works and has experience with the Building Act, Building and Construction Industry Security of Payment Act (Vic), (NSW) and (Qld), Domestic Building Contracts Act and the Planning and Environment Act.  As counsel, he has appeared in a number of cases commenced pursuant to the Security of Payment Act and has adjudicated a number of payment disputes. Jeremy is accredited by the Institute of Arbitrators and Mediators Australia as a Grade 3 Arbitrator, and as an Adjudicator under the Building and Construction Industry Security of Payment Act.

David McAndrew KC
David McAndrew has a broad national commercial practice with emphasis on complex construction and engineering disputes in the Supreme Courts (Victoria, New South Wales and Queensland), and local and international arbitrations.

Harriet Warlow-Shill
Harriet is Founder + Principal of an innovative firm with a focus on client service and legal excellence.  Warlows Legal has been rapidly growing since being established on 1 March, 2021. Harriet has significant experience interacting with clients at senior management and board level as well as practicing in the areas of charities, construction, start-ups, and litigation.  Harriet has worked on numerous Security of Payment Act matters for over 15 years.  As a consequence of Harriet’s work, Harriet is well known to and respected by her clients, other lawyers and key regulators.  Harriet’s expertise and reputation has made her a natural first stop for clients, some of whom she has worked with for more than a decade. Harriet is currently a member of the Law Institute of Victoria Building and Construction Working Group and the Law Institute of Victoria Human Rights Committee.  Harriet is also Honorary Secretary of Australian Friends of Ariel University. Harriet is a member of the Society of Construction Lawyers Australia, the Building Disputes Practitioners Society, the Charity Lawyers of Australia and New Zealand and the Law Institute of Victoria.  Harriet regularly presents on topics of construction law, charity law and start ups to members of the legal profession and the public.

Her Honour Judge Kirton
Her Honour Judge Kirton has worked for nearly 30 years as a lawyer specialising in the field of construction law and property disputes. In September 2023 she was appointed as a Judge of the County Court of Victoria, to head the Building Cases List in the Commercial Division. Her appointment to the Court followed 5 years as a senior member at the Victorian Civil & Administrative Tribunal, with the last 2 years as the Head of VCAT’s Building and Property List. Her involvement in this area of practice started when she was the company solicitor of the Housing Guarantee Fund, followed by 17 years as a barrister at the Victorian Bar. Her roles now involve managing proceedings in the Court and VCAT, hearing and deciding disputes, assisting parties to reach settlements and mentoring and managing colleagues and staff. At VCAT she implemented many new case management strategies in an attempt to address the problems of the pandemic and the Tribunal’s chronic lack of resources. As an Honorary Senior Fellow with the University of Melbourne she teaches the postgraduate Residential Construction Law course. She has mentored many students and junior practitioners over the years and served on many committees and Boards, including the Building Dispute Practitioners Society.

Venue

InterContinental Melbourne

495 Collins St
Melbourne 3000
VIC Australia

 

Parking information
Valet Parking is only available for Resident Guests.

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Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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