Construction Law Insights: Arbitration, Defects, and Compliance Post-Tesseract

Confront the Achilles’ heel of building defect litigation with strategies designed to turn uncertainty into assured success. Whether you’re facing the threat of complex evidence or the traps of evolving adjudication processes, benefit from practical insights to safeguard your construction law clients. Learn how to avoid common flaws in payment claims, gain clarity on the recent Tesseract ruling, and sidestep the potential pitfalls along the way in your construction matters.

Friday, 7 March 2025
9.00am to 10.00am Tesseract: Practical Impacts and Takeaways

 

  • Overview of High Court’s seminal decision in Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24, which found that proportionate liability legislation may apply in arbitration proceedings
  • Practical challenges and implications for claimants under existing arbitration agreements and how to mitigate these risks and maximise loss recovery in arbitration proceedings
  • Tips and tricks for drafting and negotiating arbitration agreements in light of Tesseract

Presented by Juliana Jorissen, Partner, King & Wood Mallesons; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2024

10.00am to 11.00am Quality and Safety in Construction Contracts: Helping Clients Understand How ISO Compliance can Increase Value and Promote Good Project Outcomes


Explore how compliance with ISO 45001 (Occupational Health & Safety) and ISO 9001 (Quality Management) standards can improve project outcomes in the construction industry. Explore how by integrating these standards into contracts and day-to-day operations, clients can reduce defects, prevent costly safety incidents, and enhance overall profitability and project value.
Presented by Gemma Nugent, Director, SoundLegal

Description

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

Chair:

Nunzio Lucarelli KC, Francis Burt Chambers

11.00am to 11.15am Morning Tea
11.15am to 12.15pm Litigating Building Defects in the State Administrative Tribunal of Western Australia

 

  • Drafting and responding to notices of proposed complaints
  • Guidance on dealing with matters before the building commissioner
  • Referrals to the tribunal
  • Case management in the tribunal
  • Evidence: what to adduce and what to leave out
  • Applications for costs orders: when to apply

Presented by Lachlan Palmos, Principal, Palmos Legal

12.15pm to 1.15pm Challenging Decisions


Setting aside:

  • Awards under the Commercial Arbitration Act
  • Determinations under the Building and Construction Industry (Security of Payment) Act 2021
  • Expert determinations

Presented by Scott Ellis, Barrister, Chartered Arbitrator, Mediator, Francis Burt Chambers; Leading Construction Law Barrister, Doyle’s Guide 2024, 2023

Presenters


Lachlan Palmos, Principal, Palmos Legal
Lachlan graduated with honours from the University of Notre Dame Fremantle, and was admitted to practice in Western Australia in 2013. Prior to establishing Palmos Legal in 2018, Lachlan spent three years at a highly regarded boutique commercial practice in West Perth and later at the Perth office of top-tier national law firm. Lachlan appears regularly as counsel in most Western Australian courts and tribunals, and has particular expertise in property law, insolvency and commercial disputes. Lachlan’s clients include many of Western Australia’s largest private schools (both independent and SECWA schools), major insurance companies, residential and commercial construction companies, law firms and accounting practices. Lachlan has an ongoing pro-bono practice, and has been the Chairman of the Western Australian Suburban Turf Cricket Association Tribunal since 2019. Lachlan is also a member of several Legal Aid Commission panels, and has held lecturing and tutoring positions in law units at UWA and Central Queensland University.


Juliana Jorissen, Partner, King & Wood Mallesons
Juliana is an experienced litigator specialising in the area of construction litigation and commercial dispute resolution. She is known for her international multi-party insight, collaborative approach and commercial thinking, assisting clients in the development of issues identification and claims management strategies and advising on complex contractual and non-contractual disputes. Juliana has acted on various disputes relating to oil and gas projects, major commercial and residential developments, rail and port operations, and electricity and gas disputes. While experienced in every aspect of dispute resolution, she specialises in achieving commercially sensible outcomes via alternative dispute resolution methods including adjudication, mediation and arbitration. She regularly advises on some of the most commercially strategic, high-value and complex disputes in the construction sector.


Gemma Nugent, Director, SoundLegal
Gemma Nugent is a construction contract lawyer with over 14 years of experience in the construction, engineering and mining services industries. For the past six years, she has run her own practice in Western Australia, specialising in practical, plain English contract advice. Gemma works with her clients to craft, review, and simplify construction and consulting contracts, so that her clients avoid legal pitfalls while strengthening their commercial relationships. Gemma is known for her approachable style and her ability to demystify legal jargon, making complex contract terms accessible and actionable. She regularly leads workshops on contract risk and management, helping project and contract management teams gain confidence in navigating legal frameworks.


Nunzio Lucarelli KC, Francis Burt Chambers
Nunzio has practised as a barrister in large, complex commercial litigation for 37 years. He has been a King’s Counsel for 23 years. He focuses on commercial law, corporations law, international commercial arbitration, property law, equity, trusts, international law, torts, insolvency and administrative law. Nunzio is a Fellow of the Chartered Institute of Arbitrators and is a nationally-accredited mediator. In addition to being a member of the Victorian Bar, Nunzio is also a member of the Western Australian Bar. He holds chambers in Francis Burt Chambers in Perth, WA. Nunzio is experienced in all facets of trial and appellate advocacy in the Supreme Court of Victoria, the Supreme Court of Western Australia, the Supreme Courts of other States, the Federal Court of Australia, the High Court of Australia and in international commercial arbitrations. Nunzio has also acted for clients in Italy, Singapore, Japan and the United States. Before coming to the Bar, Nunzio was Associate to the Hon. Justice Woodward of the Federal Court. Prior to this, he was a solicitor at Arthur Robinson & Co. (now Allens), practising in corporate reconstructions and takeovers.


Scott Ellis, Barrister, Chartered Arbitrator, Mediator, Francis Burt Chambers
Scott Ellis practices as an arbitrator, adjudicator, mediator and barrister from Francis Burt Chambers. Prior to joining the Bar, he was a partner of Freehills for a number of years. He has dealt with more than 400 disputes as an arbitrator, mediator, expert determiner and as a third party neutral. He is a Fellow of ACICA and Resolution Institute. He is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators. He is accredited to NMAS standards as a mediator. He is registered as an adjudicator under the Construction Contracts (Former Provisions) Act 2004 (still) and as a Grade 2 Adjudicator and a Review Adjudicator under the Building and Construction Industry (Security of Payment) Act, 2021. He is also a NSW adjudicator. He is a Senior Sessional Member of the State Administrative Tribunal and a member of the National Sports Tribunal. He is the Acting Corruption and Crime Commissioner. He has also appeared as counsel in Supreme Court proceedings for judicial review of adjudicator’s decisions. In 2022 he was listed by Doyle’s Guide as a Leading WA Mediator, and a Leading Barrister in Construction and Infrastructure and in Arbitration.

253W03

Construction Law Insights: Arbitration, Defects, and Compliance Post-Tesseract

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

Single Session
Friday, 7 March 2025
9.00am to 1.15pm Australia/Perth
CPD Points 4
$505.00
Face to Face 20241224 20250307

Face to Face

Register
Online 20241224 20250307

Online

Register
On Demand 20241224 20250307

Post Seminar Recording

Register
Venue
Cliftons - Perth

Parmelia House, 191 St Georges Terrace, Perth

Directions

Nearby Public Transport:
Train Stations - Elizabeth Quay Train Station
Bus Interchange - St Georges Terrace, after Milligan St (1 min walk)

Parking Information

Parking not included in your registration.

Here is an option:
Wilson Parking - St Georges Square, 225 St Georges Terrace Perth  - click here for rates.