Arm yourself and your practice with the insights and practical strategies needed to navigate the vulnerabilities in Victoria's construction sector. Benefit from an in-depth discussion on recent recommendations to reform the Security of Payment Act 2002 and prepare yourself to spot potential weaknesses in your projects. Examine the ongoing review of the Domestic Building Contracts Act 1995 and its impacts. As insolvency rates climb, you’ll acquire practical strategies to manage counter-party insolvency and explore innovative dispute resolution techniques that can bolster the integrity and viability of your construction matters and projects.

Presenters

Alexandra Golding, Barrister, NMAS Accredited Mediator, Chancery Chambers
Alex commenced her practice in Victoria at Mallesons Stephens Jacques (now King & Wood Mallesons) working on the State of Victoria’s claim against the auditors of Tricontinental and the SBV. From there she worked at a number of firms, including Deacons (now Norton Rose Fulbright) with increasing focus on professional liability and insurance claims (particularly construction). Alex practises in the commercial sphere with particular interest in professional negligence, liability, environmental and building claims. She was seconded to a financial institution and undertook asset recovery work for that institution. She is experienced in all forms of ADR, particularly mediation.


Hon Michael Whitten KC, Barrister, Arbitrator, Mediator, List G Barristers
The Hon Michael Whitten KC practises in civil and commercial litigation. He is the former Lord Chief Justice of Tonga. For more than 30 years, he has appeared in courts, tribunals and arbitrations throughout Australia and overseas. Between September 2019 and August 2023, Michael served in country as the Lord Chief Justice of the Kingdom of Tonga and President of the Tongan Court of Appeal. During that term, he heard and determined over 1,300 cases across all areas of law with over 300 judgments published and/or cited on PACLII.  In 2024, Michael was appointed an Acting Judge of the Supreme Court of Samoa. Prior to moving to Tonga, Michael specialised in all aspects of building and construction disputes including associated insurance actions. He is a co-editor of the 4th, 5th and 6th editions of ‘Brooking on Building Contracts’. Alternate dispute resolution remains an important part of Michael's practice.


Donna Abu-Elias, Director and Principal Lawyer, Spectrum Lawyers & Consultants
Having worked in private practice at Clayton Utz and as an in-house general counsel for both commercial builders and residential builders, Donna Abu-Elias founded Spectrum Lawyers & Consultants as she was passionate about the building and construction industry. Donna was admitted as a lawyer in April 2004. Donna has worked from some of the major volume builders in Australia including Burbank Group, Carlisle Homes and Simonds Group. Donna has been a member of the Housing Industry Association (HIA) IR & Legal Committee from 2013 and was appointed as the Deputy Chair in 2020. Donna completed her Diploma in Construction Law in 2013. Spectrum Lawyers & Consultants specialises in building and construction advice and dispute, and represents owners and/or builders in Courts, VCAT and before the Building Appeals Board.


St John Frawley, Partner, Thomson Geer Lawyers
St John has over 30 years' experience as a construction, engineering and infrastructure lawyer. He acts for a range of institutional and private commercial clients advising on tenders, project delivery models, project contractual documentation, insurance policy and indemnity issues, project administration and risk management. St John also acts extensively in relation to the strategic management and resolution of complex technical and legal disputes. He regularly presents at industry forums and conducts regular in-house training and education workshops for clients. He is also a regular guest lecturer in the faculties of Law and Architecture, Building & Planning for the University of Melbourne.


Toby Shnookal KC, Lennon's List Barristers
Toby practices solely as a Neutral, and has done so since 2016. That is as Arbitrator, Expert Determiner, Facilitator, Mediator, and Dispute Avoidance Board (DAB) Member,  Prior to turning to the law he qualified and worked as a professional engineer, first in oil and gas and then in civil construction. In law, his practice has been predominately based in technical engineering and construction cases, but he has worked across a wide field of cases that involve science and technology. Toby has an extensive practice as determiner. He works as arbitrator, expert determiner and as Special Referee appointed by the Supreme Court. His practice is primarily in Australian arbitrations, but he has been appointed and published awards in International arbitrations. 


Fabian Brimfield, Barrister, Owen Dixon Chambers West
Fabian is a barrister with experience in commercial and civil disputes, with particular experience in appearing and advising on appeal matters. Fabian appears and advises in respects of disputes regarding sales of property, debt recovery, breach of contract, equitable claims (such as misrepresentation and duress), and international and domestic commercial arbitrations. Fabian has appeared in a number of cases as counsel (both led and unled) in Tasmania, Victoria and the Federal Courts. Prior to joining the bar in Victoria, Fabian was an associate in a large Tasmanian firm where he appeared as counsel on a weekly basis before the Supreme and Federal Courts in Hobart, and before that he was an associate to international arbitrator and founder of the Singapore International Arbitration Centre (SIAC), Dr Michael Pryles AO.