Law for Architects: Legal Strategies, Risk Management, and IP Protection

Architects are frequently faced with legal issues in their day-to-day role, some potentially significant.  Gain your CPD points before 30 June and gain an understanding of where the legal risks lie plus strategies to manage and mitigate these risks. Identify what is misleading conduct, details of professional indemnity claims, and how to manage risks in services contracts. Find out what architects need to know about IP and IP infringement, hear tips for dispute resolution and defect claims. If you are in NSW then you might attend a session on the Design and Building Practitioners Act. 

Thursday, 20 June 2024
Ethics & Professional Responsibility
10.00am to 11.00am Misleading Conduct: What do Architects Need to Know?

 

  • What is misleading?
  • Fair statement of opinion
  • Corporate and personal liability
  • Prophylactic measures and risk mitigation
  • Off the plan sales

Presented by David Jury, Partner, and Matthew Graham, Partner, HWL Ebsworth
Project Initiation and Conceptual Design - PC19, PC23 (1 Formal CPD)

11.10am to 12.10pm Architectural Professional Indemnity Claims: Risk Scenarios, Claim Trends, Insurances

 

  • Black swan events and the enduring legacy of combustible cladding
  • The impact of defect litigation lawyers  
  • Claims trends
  • Emerging risks
  • Project insurances

Presented by Charles Thornley, Partner, and Elizabeth Gelder, Senior AssociateLander & Rogers
Practice Management and Professional conduct - PC1, PC5, PC6, PC9, PC16 (1 Formal CPD)

2.55pm to 3.55pm Shot Across the Bow: What to do When a Client Alleges Responsibility for Defects and What Might Come Next

 

  • When to start thinking about it
  • Subpoenas
  • Notifying your insurer
  • Being sued
  • Negotiations

Presented by Helena Golovanoff, Partner, Holding Redlich
Practice Management and Professional Conduct – PC1, PC5, PC6, PC9, PC16 (1 Formal CPD)

Session 3: Update on the Design & Building Practitioners Act 2020 (NSW)


Chair: 
Charles Fortin, Managing Director, Collard Maxwell Architects

Description

For Architects:
Attend and earn 7 Formal CPD Points including:
4 points in Practice Management and Professional Conduct
2 points in Project Initiation and Conceptual Design
1 point in Design Delivery and Construction Phase Services

For Lawyers:
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Ethics & Professional Responsibility

This program is applicable to practitioners from all States & Territories

Session 1: Understanding Architectural Contracts, Claims & Professional Indemnity Risk Mitigation


Chair: 
Charles Fortin, Managing Director, Collard Maxwell Architects

9.00am to 10.00am Know Your Limits in Your Services Contracts: Five Ways to Help Better Manage Risk

 

  • Tips and tricks, based on recent dispute experience, to manage risk and understand before you sign your next services contract
  • Covering how to:
    • Ensure clarity of scope
    • Manage client changes to a developing design and other administrative matters
    • Negotiate limits of liability
    • Harness collaborative contracting principles
    • Manage exposure through time limitations

Presented by Sarah Cahill, Senior Associate, MinterEllison
Project Initiation and Conceptual Design - PC23, PC24 (1 Formal CPD)

11.00am to 11.10am Break
Session 2: Safeguarding Intellectual Property and Handling Disputes & Litigation


Chair: 
Brian Meyerson, Managing Principal, MHN Design Union

12.45pm to 1.45pm IP is King! What Architects Need to Know About IP and IP Infringement

 

  • Breaking down the IP rights you have in relation to your work including:
    • Copyright
    • Trade Marks
    • Attribution & moral rights
  • How to best protect your IP in your services and other agreements
  • Copyright infringement 101:
    • What is copyright infringement in the architectural space
    • What to do if you suspect someone is copying your work
    • How to defend a claim that you are copying someone else’s work
  • IP considerations when using AI tools at work

Presented by Jennifer Tutty, Founder & Managing Principal, Studio Legal
Practice Management and Professional Conduct - PC15 (1 Formal CPD)

1.45pm to 2.45pm Dispute Resolution: How to Manage and Resolve Disputes with Clients

 

  • Contractual duties and obligations
  • Informal mechanisms
  • Mediation and arbitration: what are the differences?
  • Litigation
  • Recommended strategies

Presented by Victoria Shute, Director, Kelledy Jones
Design Delivery and Construction Phase Services - PC48, PC58 (1 Formal CPD)

2.45pm to 2.55pm Break
4.00pm to 5.00pm Update on the Design & Building Practitioners Act 2020 (NSW) for Architects

 

  • Covering recent developments in:
    • Duty of care cases
    • Design & registration practices
    • Expansion of class

Presented by David Bannerman, Principal, Bannermans
Practice Management and Professional Conduct (and Mandatory Topic: National Construction Code) - PC1, PC12, PC16, PC46 (1 Formal CPD)

5.00pm to 5.15pm Closing Comments from the Chair
3.55pm to 4.00pm Break
12.10pm to 12.45pm Lunch Break

Presenters


David Bannerman, Principal, Bannermans
David Bannerman is the principal of Bannermans Lawyers, Sydney's leading Strata Law firm, providing specialised legal services for the strata industry. David is a qualified lawyer. He is an Accredited Property Law Specialist with the Law Society of New South Wales and has over 15 years extensive experience in all aspects of property law and building litigation.


Charles Thornley, Partner, Lander & Rogers
Charles manages the firm’s Construction and Engineering practice. He is the lead advisor to insurance clients in construction and engineering; professional indemnity; and property sectors. He handles some of Australia's largest and most complex construction and engineering disputes and he is regarded as a policy coverage specialist. Charles has specialised in construction and engineering and property insurance since entering private practice in 1994 in South Africa and maintained his focus after immigrating to Australia in 2003. Charles' extensive experience is complemented by his strong interest in product liability in construction products. He represents and advises a wide range of construction principals, contractors and consultants on risk and insurance. Insurance industry clients trust his policy wording and interpretation. Charles is recognised in The Best Lawyers in Australia and in Chambers Asia Pacific for his expertise in insurance law.


Charles Fortin, Managing Director, Collard Maxwell Architects
Charles earned his architectural degree from the Illinois Institute of Technology, in Chicago; an institution known for its technical expertise in the design and engineering of tall buildings and complex construction projects of all types and sizes. He is the Managing Director and owner of Collard Maxwell Architects (CM+A), a practice which has been in business since 1947. CM+A routinely works alongside property developers, and in doing so has gained a profound understanding of the property development process, and of the mitigation of its Legal, Political, Financial, Market, Execution, and Reputational risks.


Victoria Shute, Director, Kelledy Jones
A lifelong passion for design, architecture and the environment, a fondness for problem-solving and the love of a good SA wine (or two) has driven Victoria’s dedication to her specialist fields of practice. She is now recognised as one of Australia’s leading planning and environmental lawyers. This has been recognised by her peers in the prestigious Best Lawyers Australia list and Doyle’s Guide for several years. Victoria is known for her depth of experience, personable nature and ability to provide clear answers to difficult and technical legal questions. In addition to her demonstrated expertise in planning, building and environmental law, Victoria also assists clients with liquor licensing, natural resources, rates sales and summary procedural matters. Her reputation as a trusted advisor means that she is often asked to deliver workshops, briefings and seminars to council officers, assessment panels, Elected Members and professional bodies, and speak at state and national conferences for development professionals. Victoria has taught Urban Management and Law to graduate planning and architecture university students and she is also widely published in a variety of state and national legal and business publications. Away from work, Victoria enjoys spending time with her family, meals out and dinner parties with friends and planning vacations to interesting locations, both within and outside Australia.


Jennifer Tutty, Founder & Managing Principal, Studio Legal
Jennifer is the founder and principal of Studio Legal and recognised as a leading IP lawyer in Victoria by Doyles Guide. Jennifer’s dedication to her legal craft and hard work has seen Studio Legal become a ‘go to’ firm for creative people and businesses in Australia. With 20 years’ legal experience as well as being a business owner and creative herself, Jennifer has a special interest and skill in protecting the intellectual property rights of architecture and interior design firms and other businesses within the design and building industry. When she’s not in the office, you will find Jen out walking, creating mood boards for her ‘forever’ home, listening to her favourite albums on vinyl or hanging with the family.


David Jury, Partner, HWL Ebsworth
David has practised in building and construction industry for 25years and has particular expertise in adjoining land owner issues including proceedings under section 88K of the Conveyancing Act. David’s clients include, Contractors, Developers and specialist subcontractors. David provides advice on tendering, project delivery, contract administration and dispute resolution including processes under the Building and Construction Industry Security of Payment Act.


Brian Meyerson, Managing Principal, MHN Design Union
Brian Meyerson founded BMA, now MHN Design Union, in 1997. Now a still-growing team of over fifty, the firm’s philosophy has its roots in Brian’s early architectural inclination towards the distillation and expression of simplicity. Each MHNDU project is pared back in order to discover its essence and meaningfully built to capture this central tenet. In 2020, MHNDU was awarded the Australian Institute of Architects Best in Practice Prize. Brian’s interest in architecture was sparked as a child, observing the urban environment on the streets of his native Cape Town as he commuted by train to school. His time studying architecture at the University of Cape Town, its educational platform informed by the philosophy of Le Corbusier, cemented his conceptualisation of purist modern architecture as a way of optimistically heralding the new, rather than dwelling on the old. Brian’s early career experience at the Desert Research Institute for Extreme Climates in Israel has informed his long-held passion for environmentally conscious architecture and MHNDU’s commitment to designing homes for a sustainable future. Having gained a reputation for innovative yet enduring craftsmanship, Brian’s designs have left a defining mark on much of East Sydney and beyond. Most recently, Brian has found particular interest in projects that contribute on an urban interventionist scale, redefining the public domain surrounding sites, such as MHNDU’s concept design for Seven Ways in Bondi and reinvention of the Bondi Hotel and its immediate surrounds for The Beach House.


Elizabeth Gelder, Senior Associate, Lander & Rogers
Elizabeth is a Senior Associate in Lander & Rogers' Insurance Law & Litigation team. She specialises in construction and engineering disputes and provides advice on insurance coverage issues. Elizabeth provides advice to local and international insurers on claims made against building and construction professionals including a range of principals, consultants and contractors. She advises on coverage issues for various types of insurance including professional indemnity, annual design and construct, project-specific and contract works policies. Elizabeth also acts as defence counsel for construction professionals and contractors in a variety of complex, multi-party disputes and has experience pursuing subrogated recoveries.


Matthew Graham, Partner, HWL Ebsworth
Matthew is a Partner in HWL Ebsworth’s Construction and Infrastructure group who specialises in Litigation and Alternative Dispute Resolution. Matthew regularly assists clients in the Construction, Infrastructure and Property industries.


Sarah Cahill, Senior Associate, Minter Ellison
Sarah is a Senior Associate at MinterEllison with a proven track record advising public and private clients regarding complex and business critical construction and infrastructure disputes. Her experience includes Supreme Court litigation, arbitration, expert determination, mediation, and security of payment adjudications. She has completed mediation training with the Department of Justice and Attorney-General and was recognised with a Lawyers Weekly 30 under 30 award in the Construction and Infrastructure category in 2019 and Rising Star for Construction Law by Doyle’s Guide in 2024.

WEB246N19

Law for Architects: Legal Strategies, Risk Management, and IP Protection

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

All Sessions
Thursday, 20 June 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
7
$795.00
Online 20240523 20240620

Online

Register
On Demand 20240523 20240620

Post Seminar Recording

Register
Session One
Thursday, 20 June 2024
9.00am to 12.45pm Australia/Sydney
CPD Points 3
3
$420.00
Online 20240523 20240620

Online

Register
On Demand 20240523 20240620

Post Seminar Recording

Register
Session Two
Thursday, 20 June 2024
12.45pm to 4.00pm Australia/Sydney
CPD Points 3
3
$420.00
Online 20240523 20240620

Online

Register
On Demand 20240523 20240620

Post Seminar Recording

Register
Session Three
Thursday, 20 June 2024
4.00pm to 5.15pm Australia/Sydney
CPD Points 1
1
$160.00
Online 20240523 20240620

Online

Register
On Demand 20240523 20240620

Post Seminar Recording

Register