Construction Regulation: Legislative Reform, Insolvency and Dispute Resolution

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.

Thursday, 6 March 2025
10.55am to 11.45am Managing Counter-Party Insolvency Risk in the Construction and Engineering Industry

 

  • Upstream and downstream risk-considerations
  • Contractual remedies and implications
  • The role and effectiveness of performance securities
  • The role of insurance
  • Any place for Security for Payment?
  • Practical steps to manage insolvency risk/events 

Presented by St John Frawley, Partner, Thomson Geer Lawyers; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2024

Description

Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation

Chair:

Alexandra Golding, Barrister, NMAS Accredited Mediator, Chancery Chambers; Recommended Construction & Infrastructure Law Junior Counsel, Doyle’s Guide 2024

9.00am to 9.50am Building and Construction Industry Security of Payment Act 2002 (Act) Reforms

 

  • November 2023: The Legislative Assembly Environment and Planning Committee tabled a report on "Employers and contractors who refuse to pay their subcontractors for completed works."
  • The report contained 28 recommendations, including:
    • Abolition of the excluded amounts regime
    • Elimination of reference dates
    • Extension of the time limit for making payment claims to six months
    • Introduction of a retention trust scheme
    • Modernisation of notice provisions
    • Fairer payment terms
  • The Victorian Government had six months to respond to the report
  • 31 July 2024: The Hon Kathleen Matthews-Ward MP addressed the Legislative Assembly, expressing the need for substantial improvements in payment practices for subcontractors
  • 11 September 2024: The Building Legislation Amendment and Other Matters Bill 2024 was introduced, but it did not address any of the security of payment recommendations
  • What, if any, action has Parliament taken since on the recommended reforms? 

Presented by Hon Michael Whitten KC, Barrister, Arbitrator, Mediator, List G Barristers  

9.50am to 10.40am Reviewing the 20-Year-Old Domestic Building Contracts Act

 

The Victorian government announced a review of the Domestic Building Contracts Act 1995 (DBC Act) to ensure it is still applicable and protects consumers in our current building industry.  Consider some of the issues that are forming part of the review of the DBC Act and effect our construction industry: 

  • Progress claims: Do we build homes the same way we did 20 years ago?
  • Warning notes: Should cost plus be limited to the same monetary amount?
  • Building works: In light of the increase in residential medium density should the DBC Act apply to all?
  • Dispute resolution: Does the DBDRV achieve its initial purpose ‘Free. Fair. Fast’?
  • Insurance: With the rise of insolvencies and the struggles of timeframes in VCAT, is a last resort domestic building insurance sufficient? 

Presented by Donna Abu-Elias, Director and Principal Lawyer, Spectrum Lawyers & Consultants  

10.40am to 10.55am Morning Tea
11.45am to 12.30pm Incorporating Dispute Avoidance Boards (DABs) and Pre-Issue Mediation in Major Project Contracts

 

Presented by Dr Donald Charrett, Barrister, Arbitrator, Mediator and Dispute Board Member, Foley’s List

12.30pm to 1.15pm The Latest in Dispute Resolution

 

  • An update on the latest jurisdiction movements with domestic building disputes in Victoria
  • Running building cases efficiently: a refresher
  • Perspectives from the bench: what decision makers do and do not like 

Presented by Fabian Brimfield, Barrister, Owen Dixon Chambers West; Sessional Member, Tasmanian Civil & Administrative Tribunal (TASCAT)

Presenters


Alexandra Golding, Barrister, NMAS Accredited Mediator, Chancery Chambers
Alex practises in the commercial sphere, particularly in construction, insurance, professional liability/discipline and environment. Alex appears in courts and tribunals, and undertakes advisory work. She has been listed in Doyles Guide for Construction and Insurance. Alex has held/is currently: past President of the Victorian Chapter of APIG and National Board Member; member of the Bar’s Ethics Committee; member of AILA and BDPS; Board Member of the Victorian Legal Admissions Board; A member of the Victorian Admission Committee; and A member of the Victorian Practical Legal Training Committee.  Alex is an accredited mediator.


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.


Fabian Brimfield, Barrister, Owen Dixon Chambers West
Fabian is a barrister practicing in Victoria (Svenson Barristers) and Tasmania (Old Mercury Chambers) who specialises in building and construction disputes, commercial disputes, property and leasing disputes and insurance disputes, particularly in trial work involving expert evidence. Fabian has appeared unled in a number of significant decisions in the building and construction space Fabian sits as a sessional member of the Tasmanian Civil and Administrative Tribunal (TASCAT) and hears building and planning disputes.


Dr Donald Charrett, Barrister, Arbitrator, Mediator and Dispute Board Member, Foley’s List
Donald Charrett is a Barrister, Arbitrator, Mediator and Dispute Board Member practising in building and engineering disputes, arbitration/mediation/expert determination, construction law, commercial law, contract law and professional negligence. He was named as Best Construction Law Practitioner, Australia - 2016 by Business Worldwide magazine and a Who's Who Legal Thought Leader - Construction 2019-21, 23, 24. His prior experience as a consulting engineer for over 20 years included 12 years as a director of a highly respected consulting practice. In addition to managing engineering projects, he had management roles in contract negotiation and administration, professional indemnity insurance, international joint ventures, overseas projects, and corporate restructuring. He has acted as an expert witness because of his specialised knowledge of structural engineering. Since admission to the Supreme Court of Victoria, Donald has been engaged in a range of complex construction disputes including Supreme and County Court litigation, mediation, expert determination and arbitration, as well as domestic building disputes in the Victorian Civil and Administrative Tribunal. These disputes involved contractual issues, professional negligence, defects, variations, time and programming issues, quantum of claims, security of payment and professional indemnity and contract works insurance.




This seminar is part of a series

VIC Construction Law Bundle

Receive 11 points at the price of 10! Featuring three of our most popular construction law programs, start by joining us live online for the Construction Regulation webinar, where you’ll unpack key reforms to the Security of Payment Act 2002 and the ongoing review of the Domestic Building Contracts Act 1995, helping you spot risks before they impact your projects. Then, earn your core competency points with the Ethics, Professional Skills & Practice Management for Construction Lawyers webinar. Wrap up the bundle with a post-seminar recording of the Step-by-Step Guide to Reviewing Domestic Building Contracts, where you’ll master drafting watertight clauses, handling contract amendments, and ensuring every agreement protects your clients.

Description

Attend and earn 11 CPD units including: 
8 units in Substantive Law
1 unit in Ethics & Professional Responsibility 
1 unit in Practice Management & Business Skills 
1 unit in Professional Skills
This program is based on VIC legislation

 

View series listing

253V04

Construction Regulation: Legislative Reform, Insolvency and Dispute Resolution

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Single Session
Thursday, 06 March 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$353.50
Face to Face 20250401 20250306

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Venue
InterContinental Melbourne

495 Collins Street, Melbourne 

Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.
Parking Information

Valet Parking is only available for Resident Guests.

Nearby Parking: 
Wilson Parking - View locations and rates here