Construction Law Symposium 2025

With the governments ambitious agenda for the future of construction law in NSW, get ready to work over vital updates effecting the sector. Navigate these complex new legal landscapes and understand the practical implications of The New Building Bill and major shifts in the DBP and RAB Act’s. Expand your skillset in addressing contemporary security of payment issues and acquire the knowledge necessary to anticipate future changes. Feel firm in your ability to adapt your practice to meet evolving legal demands.

Tuesday, 11 March 2025
Description

Attend and earn 7 CPD units including: 
4 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 NSW legislation

9.00am to 10.00am New Building Bill Update

 

The NSW Government is now focusing on residential and commercial construction projects with the proposed introduction of the Building Bill 2022 (NSW) (Building Bill). 

  • Discover how the Bill is designed to create end-to-end accountability by consolidating and regulating various construction elements
  • Explore the transition from the Home Building Act 1989, focusing on key differences and their implications for current and future projects 

Presented by Tom Davie, Barrister, Queen Square Chambers 

10.00am to 11.00am The Design and Building Practitioners and Residential Apartment Buildings (Compliance and Enforcement Powers) Acts – There’s A New Sheriff in Town: What You Need to Know to Shoot or Stay Out of the Firing Line

 

  • Examine the purpose of the new defect liability regimes under the Design and Building Practitioners Act 2020 (DBPA) and the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act)
  • When and how to prosecute a claim under these new defect liability regimes: tips and pitfalls
  • Protecting your client’s business and avoiding liability under the DBPA and RAB Act
  • Recent decisions on the statutory duty of care under the DBPA
  • Recent decisions on the defect rectification regime under the RAB Act
  • Where to from here? Looking to future decisions 

Presented by Garth Campbell, Barrister, Tenth Floor St James Hall Chambers

Session 2: Ethics, Professional Skills & Practice Management for Construction Lawyers

Chair: Carlos Mobella, Barrister and Mediator, Third Floor St James Hall Chambers

Practice Management & Business Skills
2.00pm to 3.00pm Mastering Contractor Relationships: A Practice Management Guide for Construction Lawyers

 

  • Construction as a Relationship Business: explore key players in construction projects, their roles, and how building strong relationships is essential for success
  • Effective Contract Administration: Learn how to be an effective Superintendent as an addition to your practice to ensure smooth project execution and prevent issues before they arise
  • When Projects Go Off Track: discover practical strategies to resolve disputes and work with contractors to get troubled projects back on track, minimising legal and financial risks 

Presented by Matthew Taylor, Partner, Gadens 

Professional Skills
3.00pm to 4.00pm Drafting and Negotiating Key Clauses in Your Construction Contracts

 

  • Learn how to identify and articulate your client's role and objectives in the construction process to inform contract negotiations
  • Pre-construction risk management: develop skills in drafting key risk clauses, including payment terms, warranties, indemnities, defects liability, and set-off provisions to mitigate potential disputes
  • Effective contract administration: gain insights into timely contract administration practices, including accessing security and managing variations related to increases in labour and materials during the construction phase
  • Navigating financial crises: understand strategies for ensuring client payments, addressing project takeovers (novation), and handling default and termination scenarios
  • Relevant legislation: proportionate liability; security of payments; personal property security interests; work health & safety requirements 

Presented by Anthony Herron, Special Counsel, Chamberlains

Session 1: From Bill to Building: Navigating the New Building Bill, Compliance Powers & SOPA

Chair: Frank Hicks SC, Greenway Chambers; Leading Construction & Infrastructure Senior Counsel, Doyle’s Guide 2024

11.00am to 11.15am Morning Tea
11.15am to 12.15pm Security of Payment (SOPA) Update

 

Receive a breakdown of leading recent security of payment cases and contemporary security of payment issues.   

  • Enermech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd [2024] NSWCA 162, Ceerose Pty Ltd v A-Civil Aust Pty Ltd [2023] NSWCA 215 and cases applying it, and a selection of other leading cases 

Presented by David Hume, Barrister, Sixth Floor Selborne Wentworth Chambers; Recommended Construction & Infrastructure Junior Counsel, Doyle’s Guide 2024  

12.15pm to 1.15pm Developments in Construction Claims and Dispute Resolution

 

  • Current trends and market developments
  • Recent legislative developments
  • Notable cases 
  • International perspectives 

Presented by Luke Carbon, Partner, Ashurst; Construction Law Rising Star, Doyle’s Guide 2023 and Ben Judge, Senior Associate, Ashurst  

4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm Professional Ethics and Responsibility in the Engagement Of The Court’s Coercive Powers

 

  • Obtaining ex parte injunctions and the duty of candour
  • Ethical obligations when enforcing judgments by garnishee
  • Ethical obligations when using the online court
  • Practical and ethical aspects of prosecution of contempt 

Presented by David Hughes, Barrister, 7 Wentworth Selborne Chambers; Recommended Construction & Infrastructure Junior Counsel, Doyle’s Guide 2024, 2023

Presenters


David Hughes, Barrister, 7 Wentworth Selborne Chambers
David Hughes is a commercial barrister practising at 7 Selbourne Chambers in Sydney, and is a co-author with Sir Kim Lewison of The Interpretation of Contracts in Australia. He is a former research director to the Chief Justice of New South Wales, and holds the degree of Bachelor of Civil Law from the University of Oxford, where he was a Commonwealth Scholar.


Garth Campbell, Barrister, Tenth Floor St James Hall Chambers
Garth Campbell is a Sydney-based barrister specialising in building and construction law, general commercial law, equity, software litigation and defamation. Garth was called to the Bar in 2017. He has over 20 years’ experience as a lawyer and is also qualified in science, with a focus on mathematics, computer science and electrical engineering. For 13 years before coming to the bar, Garth worked as a commercial litigation solicitor, working in both private practice and as an in-house solicitor for a multinational construction company. He has advised and acted for a number of major corporate entities, international banks and private clients. He has also acted in a range of general commercial matters in all jurisdictions in NSW, and in the Federal and High Courts of Australia.


David Hume, Barrister, Sixth Floor Selborne Wentworth Chambers
David is an experienced junior, specialising in all aspects of commercial and public law. He appears led and unled in appeals and trials, particularly in courts and tribunals in NSW, but also throughout Australia and in arbitrations. He has appeared in more than 30 High Court matters, and many intermediate appellate court matters. David commenced practice at the Bar in 2013. Prior to commencing at the Bar, David worked at Freehills and Australian Government Solicitor, and as an Associate to Chief Justice Gleeson. David has co-authored two books on Australian constitutional law, People Power: The History and Future of the Referendum and Human Rights under the Australian Constitution, as well as publishing journal articles in a number of fields.


Luke Carbon, Partner, Ashurst
Luke has acted for parties in respect of litigation in the High Court of England and Wales, the High Court of Australia and the Supreme, Federal and inferior courts of Australia, as well as in respect of arbitrations (domestic, international and investor-state), mediations, expert determinations and adjudications. He also has significant experience acting as project counsel and in the utilisation of alternative dispute resolution to avoid and minimise disputes. In addition to his practice, Luke has published work in relation to international arbitration, international trade and investment law, construction law and alternative dispute resolution. In 2019, he was named the "Young ADR Practitioner of the Year" at the Australian ADR Awards. In 2022 and 2023, he was listed as a "Rising Star" for Construction Law in New South Wales by Doyle's Guide.


Anthony Herron, Special Counsel, Chamberlains
Anthony is an experienced construction and contracts lawyer. He has advised on a range of major construction projects and drafted a variety of construction contracts, tender documents and supply agreements and associated documents for commercial and mixed-use developments, aged care & hospitality facilities, storage & infrastructure projects in NSW, ACT, QLD & WA. He also has experience in advising regarding professional indemnity and liability insurance issues including construction and liability claims against building contractors, engineers and certifiers.


Frank Hicks SC, 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.


Tom Davie, Barrister, Queen Square Chambers
Tom is one of Sydney’s most experienced and respected construction law barristers. He is the author of the Annotated Home Building Act and a co-author of Understanding Construction Law. He regards building and construction law as a branch of commercial law. Before coming to the bar in 1998 Tom practiced as a solicitor and partner involved in building and construction, commercial, and planning law at major legal practices across three jurisdictions.


Ben Judge, Senior Associate, Ashurst
Ben provides strategic dispute avoidance and resolution advice to clients in the construction, transport infrastructure and utilities sectors. He has particular experience advising major employer and head contractor clients in relation to contract administration issues and in adjudication, arbitration and litigation proceedings.


Carlos Mobellan, Barrister and Mediator, 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.


Matthew Taylor, Partner, Gadens
With more than 15 years’ experience, Matthew’s practice has primarily involved large-scale construction disputes in the Supreme Court of NSW, domestic and international arbitrations and adjudications under the Security of Payments regime. He regularly advises contractors and principals, including councils and the Commonwealth departments in relation to project delivery issues and in security of payment adjudications. This includes acting in respect to disruption claims, contractual breaches, misleading and deceptive claims concerning remediation, variation and cost claims, contract termination and entitlements, and damages claims.

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Construction Law Symposium 2025

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DELIVERY MODE BELOW

All Sessions
Tuesday, 11 March 2025
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
$556.50
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Morning Session
Tuesday, 11 March 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$353.50
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Afternoon Session
Tuesday, 11 March 2025
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$294.00
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Venue
Sheraton Grand Sydney Hyde Park

161 Elizabeth Street, Sydney 2000

Directions

Nearby transport options:

Bus Station: Hyde Park, Park St, Stand C 

Metro Station: St James Station 

Train Station: St. James Station 

Parking Information

Parking is not included in your registration. Here are some nearby parking options:

Sheraton Hotel Car Park - Secure car park entry is via Castlereagh Street, it has 8 electric charging stations. Early Bird Parking Rate is $45 if you arrive before 9am and depart before 6pm. Further information can be found here.

201 Elizabeth St Car Park - Located a 2 minute walk away from Sheraton Grand. Entry via Castlereagh Street. Click here for rates. 

Wilson Parking Citigroup Centre Car Park - Located a 5 minute walk away from Sheraton Grand. Entry: 271 Pitt St. Click here for rates.