Building and Construction Law Conference
Between the ever changing fortunes of the property market and a building and construction industry that by its very nature gives rise to a broad range of legal issues, you need to stay up to date the latest legal developments. Hear firsthand from the County Court and join our experienced panel of barristers and legal practitioners as they detail the most current and best strategies, practices and procedures to navigate a changing sector.
Description
Attend and earn 7 units in Substantive Law
This conference was recorded in VIC on 12 September 2018
Session 1
Practice, Procedure and Recent Updates
Chair: Ana-Mari Martinez, Principal Lawyer – Property and Construction, MacPherson Kelley Lawyers
9.00am to 10.00am: INSIGHTS FROM THE COUNTRY COURT: The County Court Building Cases List: Practice and Procedure
- Operation and management of the Building Cases List
- Applications by a party under s 57(4) of the Domestic Building Contracts Act 1995, including considerations of when a dispute is a ‘domestic building dispute’ resulting in a mandatory stay of County Court proceedings
- Applications under s 28R of the Building and Construction Industry (Security of Payment) Act 2002
- Applications for judgment under the Building and Construction Industry (Security of Payment) Act 2002, including considerations of extensions to the Director of Housing of the State of Victoria v Strutx Pty Ltd [2011] VSC 410 of when a building owner is in the ‘business of building residences’
Presented by Sharon Burchell, Judicial Registrar, County Court
10.00am to 11.00am: Recent Developments in the Building and Construction Industry Security of Payment of Act
Recent decisions and developments in relation to the Building and Construction Industry Security of Payment Act and how they will impact your clients and your practice.
Presented by Dimi Toumazou, Partner, Giannakopoulos Solicitors
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Using Arbitration to Resolve Commercial Building Disputes
- Arbitration or litigation: a real choice for commercial disputes
- How to refer disputes to arbitration
- Enforcement and certainty
- Appeals?
- Recent cases
Presented by Kieran Hickie, Barrister, Aickin Chambers
12.15pm to 1.15pm: Quantum Meruit
- Quantum meruit: How to best measure the value?
- Factors to consider when calculating a quantum meruit for variation works
- Mann v Paterson Constructions Pty Ltd [2018] VSC 119 update
Presented by David Fairweather, Principal, Fairweather Legal
Session 2
Hot Topics and Defective Products
Chair: Craig Sawford, Senior Counsel, Construct Law Group
2.00pm to 3.00pm: Key Developments and Hot Topics in Building and Construction Law
- Expert determination clauses; Raskin v Mediterranean Olives Estates [2017] VSC 94
- Where are we with national security for payment laws?
- What is a 'domestic building dispute’ under the Domestic Building Contracts Act 1995? The position with multi storey developments: an update
- Legal enforceability of ‘pay when paid’ provisions after MaxconConstructions Pty ltd v Vadasz (“Maxcon”) [2018] HCA 5
Presented by George Golvan QC, Svenson Barristers
3.00pm to 4.00pm: Non-Compliant Building Products: First Combustible Cladding, What Next?
- Combustible cladding: update
- Position in each state:
- Victorian Building Authority
- Chain of responsibility for building products in Queensland: Where does the buck stop?
- Ban on unsafe building products in NSW
- What does this mean for existing buildings?
Presented by St John Frawley, Partner, Thomson Geer; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2018
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Building Defects: Key Insurance Considerations
- An overview of relevant insurance products
- First party vs liability policies
- Residential vs commercial projects
- Extent of cover and common exclusions
Presented by Ben Hall, Partner, Carter Newell; Accredited Specialist in Commercial Litigation