Construction Law Symposium - Recorded in March 2020, NSW
Issues covered include: latest cases, negligence, security of payment, damages, appeals, jurisdictional error, litigation issues, warranty claims, quantum meruit
Description
Your practice needs to keep up with rapid change in the construction industry. Come along to hear a carefully selected panel of speakers explore the latest developments, trends and changes in the building industry. Explore the latest cases and hear in depth presentations on major new developments in quantum meruit, security of payment and more.
Attend and earn 7 CPD units in Substantive Law
Session 1
Construction: Cases, Conflict and Security of Payment
Chair: Michelle Painter SC, Ninth Floor Selborne Chambers
9.00am to 10.00am: Latest Cases and Trends and the Impact on Your Practice
Start 2020 by being across the major cases and the very latest developments in building and construction law.
Presented by Melissa Fisher, Barrister, 9 Wentworth Chambers
10.00am to 11.00am: Negligence in the Construction Industry: The Major Legal Issues
- Overview of the law of negligence on building and construction sites
- Duties of care of a sub contractor
- Practical case law examples of how the law of negligence is applied to builders
- Non-delegable duties of care of an employer
Presented by Matthew Gerathy, Partner, Makinson d'Apice Lawyers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Recent Developments in Security of Payment
- Building and Construction Industry Security of Payment Amendment Act 2018
- Recent important developments through and observations in eastern Australian Supreme and Court of Appeal decisions
Presented by Robert Riddell, Partner, Piper Alderman
12.15pm to 1.15pm: A Troika of Major Issues: Damages, Appeals & Jurisdictional Error
- Proving damages in building and construction matters post Pisano v Williams where the cause of action is pursuant to the ACL
- What is the test?
- What lay and expert evidence do I need?
- NCAT jurisdiction in building matters with 2 pathways to appeal: internal, to the NCAT Panel and external to the court
- Analyse and compare the respective threshold tests for appellability and the pros and cons of each ‘pathway’, including as to aspects on which leave to appeal is required, and also costs
- Security of Payment: analysis of recent cases to discern patterns in Supreme Court decisions post Kirk, Chase Oyster Bar and Shade Systems v Probuild
- How is one to demonstrate ‘jurisdictional error’?
- Is Brodyn dead?
- Has the gateway to review narrowed or widened?
Presented by Sydney Jacobs, Barrister, 13 Wentworth Selborne Chambers
Session 2
Remedies, Claims & Quantum Meruit
Chair: Michael Rudge SC, Nigel Bowen Chambers
2.00pm to 3.00pm: Injunctive Remedies, Extensions of Time and Proportionate Liability Issues in Litigation of Building Disputes
- Specific performance and injunction
- Time related claims and extension of time
- Proportionate liability
- Election, estoppel, waiver and limitation of time
Presented by David Robertson, Barrister, Nigel Bowen Chambers
3.00pm to 4.00pm: Statutory Warranty Claims and Home Warranty Insurance Claims
- Liability of developers and builders for design errors
- Defences to statutory warranty breaches under s18F of the Home Building Act 1989
- s18E of the Home Building Act 1989 and the definition of major defects
- Time limitations for builders warranty insurance claims
- Policy triggers for builders warranty insurance claims
Presented by Daren Curry, Partner, Mills Oakley
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Major Developments in Quantum Meruit
- Analysis of Mann v Patterson Constructions covering issues including:
- The contract and the restitutionary remedy
- The method of determining the amount due (cost vs value)
Presented by Frank Hicks SC, Greenway Chambers; Leading Construction and Infrastructure Senior Counsel, Doyle’s Guide 2019
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Parking Information
Parking not included in your registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates