Building defects are more than just a safety hazard. They tarnish reputations and impose significant financial burdens on strata communities and developments. Don’t miss this in depth look at building defect claims in 2023 and unpack the latest information in building defects research. With the question of blame bouncing between architects, engineers, certifiers, developers and builders you can’t afford to miss this detailed session examining likely claims.
Description
Attend and earn 1 CPD hour including:
0.5 hour in Substantive Law
0.5 hour in Professional Skills
This program is based on NSW legislation
9.55am to 10.45am Building Defects Claims: 2023 Update
- Likely parties/clients
- Likely Courts/Tribunals
- Substantive law and procedural law
- Likely claims:
- Plaintiff claims against Builders, Developers; Building Professionals
- Private claims against Strata Plans
- Defendant Cross-claims against Builders
- Builder Cross-claims against Owners
Presented by Carlos Mobellan, Barrister, Third Floor St James Hall Chambers
Chair:
Frank Hicks SC, Greenway Chambers
A DEEP DIVE INTO BUILDING DEFECTS
Professional Skills
10.45am to 11.15am Unpacking Building Defects Research
- What does the research tell us about building defects and what are the research unknowns?
- Understanding the complexities and limitations stifling empirical-based evidence
- Why do we need to carefully evaluate 'research' in this space?
- The next research steps to better understand the nature of building defects
Presented by Dr Nicole Johnston, Director, Strata Knowledge
Presenters
Mr. Carlos Mobellan, Barrister, Third Floor St James Hall Chambers
Carlos is a barrister who specialises in building cases with an emphasis on matters arising under the Home Building Act 1989, the Building and Construction Industry Security of Payment Act 1999, the Strata Schemes Management Act 2015 and the Design and Building Practitioners Act 2020. Carlos was admitted as a solicitor in 1997 and was called to the Bar in 2004 where he was awarded the Bar Practice Course prize. Carlos has appeared for and against home owners, Owners Corporations, builders, government agencies and property development companies.
Dr. Nicole Johnston, Director, Strata Knowledge
Dr Nicole Johnston is the Founder and Director of Strata Knowledge, an independent research and consulting firm specialising in strata and community title law and governance. As a socio-legal researcher, Nicole is focused on translating applied research into practice by collaborating with industry to ensure impactful and beneficial outcomes. Nicole started her professional life as a commercial lawyer but for the past 15 years, she has worked as an academic at Australian Universities. Nicole has led a number of research projects on topics including, building defects, strata insurance, strata law reform, fire safety, conflicts of interest, and developer governance responsibilities. She is a regular presenter at industry conferences, consults with governments, and has chaired numerous international forums. Nicole holds degrees in psychology, criminology, law and has a PhD in strata and community title law and governance.
Mr. Frank Hicks SC, Barrister, Greenway Chambers
Frank Hicks SC was called to the Bar in 2003 and appointed Senior Counsel in 2017. He is generally briefed in commercial matters, and primarily engaged in technology and construction disputes concerning commercial, industrial and infrastructure projects, and large-scale residential developments.. Since 2014, Doyles Guide has ranked Frank as a leading junior counsel in construction law, in both NSW and Australia. Since 2015, he has been identified in the Chambers and Partners Guide, Asia-Pacific as a Band 1 barrister in Australia for construction and infrastructure disputes, described as "a 'go to' barrister for construction and engineering disputes", having "a clear analytical approach to construction issues", and "a popular choice for construction and technology disputes and offers experience in a range of forums.
