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. 

Thursday, 6 June 2024

Attend and earn 3 CPD units in Professional Skills
This program is based on VIC legislation

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 Jennika Anthony-Shaw, Barrister, Foley’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.

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


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


Brian Rom, Special Counsel, HWL Ebsworth
Brian is a construction lawyer with more than 20 years' experience. He has conducted many high value arbitrations, court proceedings, and expert determinations in Australia and internationally. These have involved complex technical matters, including claims for delay, disruption, and prolongation costs. He regularly conducts adjudications and mediations. His general disputes experience covers oil and gas, renewables, shipping, mining, logistics, property, general commercial and fraud related matters. Prior to moving to Australia in 2008, he practiced in London for eight years on multi-jurisdictional arbitrations and court proceedings. Brian is a regular speaker on construction law and general contract related topics. In the 2023 Doyle's Guide, Brian is listed as a "rising star" for construction, infrastructure and projects law matters in the Victorian legal market and as a future leading lawyer within the area.

Aaron Kyle, Building Expert, Lawyer, Mediator and Specialist Construction Consultant, Quest Associates Pty Ltd
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.

Samuel J Woff, Consultant, Warlows Legal
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, Barrister, Accredited Mediator, Foley's List
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.

Dr Kylie Weston-Scheuber, Barrister, Greens List
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.

Jennika Anthony-Shaw, Barrister, Foley’s List
Jennika practices in commercial litigation, with a focus on the areas of Equity and Trusts, Building and Construction, Property, and Insolvency. She has a thorough knowledge of substantive law, litigation strategy and civil procedure, and has a particular affinity for complex problem solving. Jennika is briefed led and un-led in domestic as well as international arbitration proceedings, and also advises and advises in Trust and Property matters in the United States and European jurisdictions. Prior to coming to the Bar, Jennika was a Judges' Associate at the Supreme Court of Victoria and the Court's Commercial Group Proceedings Coordinator. In that role she provided enhanced case management of the Court’s shareholder actions and managed investment scheme proceedings. She has contributed as an author to several Supreme Court Practice Notes and has specialist procedural expertise in the conduct of Class Action proceedings and Electronic Civil Proceedings (RedCrest). Jennika has lectured at Melbourne Law School in the areas of Contracts, Remedies and Public Law, has lectured in Construction Law at Monash University, and is an instructor at the Leo Cussen Institute in the subjects of Evidence and Commercial Litigation. She has published articles in the areas of Security of Payment, the statutory regulation of building pratitioners, and contracts for domestic building works, and has contributed as co-author or editor to publications in the areas of unfair contract terms, proprietary remedies, and contractual misleading and deceptive conduct.


Building and Construction Expert Witness Intensive


Single Session
Thursday, 6 June 2024
2.00pm to 5.30pm Australia/Sydney
CPD Points 3
Online 20240523 20240606


On Demand 20240523 20240606

Post Seminar Recording