Building and Construction Expert Witness Intensive
The engagement of an expert witness in construction litigation can make or break your case. Avoid potential expert witness disasters by attending this unique deep dive featuring a Barrister, Construction Lawyer, and Expert Witness as they show you how to work together without contaminating evidence. Consider the appointment of an expert witness, what questions to ask when instructing, the advantage of appointing a joint expert in proceedings and how best to handle challenges when they arise. WEB246V04
Description
Attend and earn 3 CPD units in Professional Skills
This program is based on VIC legislation
Chair: Samuel J Woff, Consultant, Warlows Legal
Professional Skills
2.00pm to 2.45pm Appointment of an Expert Witness: Key Considerations
- Purpose of the evidence: what opinion is sought to be adduced
- The specialised area of knowledge
- Regulation of expert evidence – Evidence Act 2008, court rules, practice notes, codes of conduct
- Independence
Presented by Michael Sharkey, Barrister, Accredited Mediator, Foley's List
Professional Skills
2.45pm to 3.30pm Instructing Experts on Delay and Disruption Claims
- Planning ahead: gathering and collating evidence
- Use of 'dirty' experts
- Asking the right question: delay methodologies, concurrency, disruption, and quantum
- Letters of engagements
- Preserving and losing privilege
Presented by Brian Rom, Special Counsel, HWL Ebsworth; Construction Law Rising Star, Doyle’s Guide 2023
3.30pm to 3.40pm Afternoon Tea
Professional Skills
3.40pm to 4.25pm The Advantage of Appointing a Joint Expert in Proceedings and Advantages of a Position Paper
- Recent and emerging trends in appointing Joint Experts in proceedings
- The advantages of appointing a Joint Expert early in proceedings (and/or potential proceedings)
- The advantages of a ‘position paper’ for both parties
- Achieving practical and performance-based solutions in assisting Lawyers as well as Courts and Tribunals
Presented by Aaron Kyle, Building Expert, Lawyer, Mediator and Specialist Construction Consultant, Quest Associates Pty Ltd
Professional Skills
4.25pm to 5.10pm Expert Witness Disputes
- Expert conclaves: procedure and issues
- Concurrent evidence or “hot tubs"
- Recent approaches to expert evidence in construction trials in the Supreme and County Courts
- Comparison with traditional approaches to expert evidence
Presented by Dr Kylie Weston-Scheuber, Barrister, Greens List and Alyse Mobrici, Barrister, Young’s List
Professional Skills
5.10pm to 5.30pm Working Together Without Contaminating Evidence
Join a dynamic panel discussion as you discover essential strategies and best practices for collaborating effectively, while preserving crucial evidence and integrity in your construction projects.
Panellists:
Michael Sharkey, Barrister, Accredited Mediator, Foley's List
Dr Kylie Weston-Scheuber, Barrister, Greens List
Brian Rom, Special Counsel, HWL Ebsworth; Construction Law Rising Star, Doyle’s Guide 2023
Aaron Kyle, Building Expert, Lawyer, Mediator and Specialist Construction Consultant, Quest Associates Pty Ltd
Presenters
Samuel J Woff
Samuel is a leading commercial construction law and construction litigation specialist, advising on complex and high-stakes project and major infrastructure disputes. With expertise in both domestic and international construction disputes and with over 10 years' experience in private practice, Samuel is passionate about delivering litigious solutions for clients that are commercial, strategic, and innovative. This includes leveraging cutting-edge technology to drive best outcomes in a contentious environment. With an established industry presence and a proven track record of delivering when the situation demands it most, Samuel is a leader in the construction law space. He maintains an active media presence in the industry, appearing in interviews, articles and as a guest speaker and expert commentator.
Michael Sharkey
Michael has a broad commercial practice with particular expertise in Building & Construction and Property disputes. Michael has a thorough knowledge of substantive law and civil procedure. The majority of Michael's matters involve complex issues of expert evidence. He has a keen interest in developing an appropriate litigation strategy with both the necessary expert evidence and the commercial interests of his clients front of mind. Michael appears both led and unled in all Courts and Tribunals. Michael is a co-author of the 6th Edition of Brookings on Building Contracts. He has published a number of articles, including in relation to substituted service, builders' duties and matters relating to the Owners Corporations Act.
Brian Rom
Brian Rom is a construction lawyer with dispute resolution and contract drafting experience in Australia and internationally. He has acted for owners, employers, contractors, consultants and their insurers in cases involving oil & gas installations (rigs and FPSOs), rail and port infrastructure, wind farms, electrification works, power stations and commercial and residential buildings. He has extensive experience representing clients in litigation, arbitration (both domestic and international), expert determination, and adjudication proceedings as well as negotiating commercial outcomes for clients in mediations and other informal procedures. His drafting experience covers a wide variety of international and Australian construction contracts and project documents. Brian also has general commercial disputes experience involving insurance, shareholder, insolvency, commodity and shipping matters. He has published articles on construction and shipping law and regularly speaks on a range of construction law topics. Brian is qualified to practice in Australia, England and Wales, and South Africa.
Aaron Kyle
Aaron is an admitted Lawyer having studied a combined Juris Doctor (Law) / Graduate Diploma in Legal Practice. Other qualifications include a Bachelor Construction Management (Hons), Graduate Diploma Mining Engineering and dual qualifications as a Licensed Builder / Building Practitioner in both Victoria and New South Wales. Aaron Kyle divides his time between working as an in-house consultant, Mediator and Expert Witness in construction disputes.Aaron is also the Founder of Build Hatch Pty Ltd. Build Hatch commenced life as a podcast interviewing and telling the real stories about professionals working in the building and construction industry. Build Hatch is also an online Marketplace and platform for small online businesses to sell their goods and products independently. Our purpose is to explore projects and sit down with the hard-working people involved and hear about the blood, sweat and tears - that is, the real stories behind the project and products. This concept has developed into the Build Hatch Engaged Construction Community.
Dr Kylie Weston-Scheuber
Dr Kylie Weston-Scheuber has a broad commercial law practice, with particular experience in the areas of contractual disputes, building and construction (including Security of Payments), consumer law, insurance, property law and corporations. Kylie has recently appeared or advised in matters in the Federal Court, Court of Appeal, Supreme and County Courts, involving issues including breach and termination of contract, adverse possession, prescriptive easements, estoppel, damages for delay, building defects (including combustible cladding), proportionate liability, security of payment claims, misleading and deceptive conduct, oppression, insurance indemnities, and unjust enrichment.
Alyse Mobrici
Alyse accepts briefs in commercial and public law matters. Her commercial practice encompasses banking and finance, building and construction, class actions, energy and resources, and tax (charity law). Her public law practice includes regulatory and administrative law. Alyse has advised: ESV (led by M Peckham) and AGS (unled) on matters relating to energy regulation; and VGSO on matters relating to the treaty process with Aboriginal Victorians (led by J Batrouney AM KC and E Nekvapil SC). Immediately before the Bar, Alyse was a Principal Legal Adviser at both the Department of Justice and Community Safety and the Department of Premier and Cabinet. Prior to this, Alyse was a Senior Associate at White & Case and a solicitor at Herbert Smith Freehills. Alyse has a Masters of Law (First Class Honours) from the University of Melbourne and is a member of the Victorian Building Appeals Board. Alyse read with Tom Clarke. Her Senior Mentor is Daniel McInerney KC.