Navigating the complexities of the BIF Act can expose significant weak spots in compliance, with recent case law altering enforcement. Coupled with the complex web of WHS laws adding to the exposure of liability in your construction matters and increased surge of adjudication in disputes. Equip yourself with insights into effective procedures for the BIF Act, strategies to manage WH&S risks, and a clear guide for making and responding to payment claims, ensuring you stay compliant and reduce exposure to disputes and penalties.
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on QLD legislation
10.00am to 11.00am WHS in the Construction Industry: Why is it important? A Practical Guide to What Every Construction Lawyer Must Know:
- A summary of the relevant WH&S Laws and duties, including:
- The duties of the “Person Conducting the Business or Undertaking”
- The duties of officers, such as directors, Project Managers, Site Managers
- Design duties if your client “designs any plant, substance or structure”
- The duties of the “Principal Contractor”
- Recent WHS legal developments and what they mean for the industry
- Psychosocial health and safety duties: what are they and how do they apply to the industry?
- Duties and obligations of Union Officials and steps you and your clients can take to ensure compliance by officials, particularly following recent developments and the abolishment of the ABCC
- Project specific risks and responsibilities, including in relation to “high-risk construction works” (e.g. confined spaces/ working at height) which requires the preparation and compliance with Safe Work Method Statement i.e. a SWMS
- What to do when faced with a serious WH&S incident to ensure your client’s rights are protected and you minimise your client’s exposure to large fines, criminal prosecution and serious reputational damage
Presented by Jay Hatten, Principal, CDI Lawyers
Chair:
Steven Hogg, Barrister, McPherson Chambers
9.00am to 10.00am Building Industry Fairness (Security of Payment) Act 2017: Key Takeaways from Recent Cases
- Examine important legal precedents and consider how recent judicial decisions have impacted payment claims
- Gain a comprehensive understanding of the Act’s provisions, practical implications for contractors and subcontractors, and best practices for ensuring compliance in your own construction projects
Presented by Sarah Ferrett, Special Counsel, MinterEllison
11.00am to 11.15am Morning Tea
12.15pm to 1.15pm Mastering Adjudication: Practical Guidelines and Risk Management
- Making payment claims and how to respond
- Issues when no payment schedule is given
- Preparing and lodging applications and responses
- Communicating with the adjudicator
- Options with the decision (including when it doesn’t go your way)
Presented by Thomas Ambrose, Barrister, Alfred Lutwyche Chambers; Recommended Construction & Infrastructure Law Junior Counsel, Doyle’s Guide 2024
11.15am to 12.15pm Accessing and Defending a Contractor's Security: Fighting to Convert or Preserve Bank Guarantees
- Restraining a call on security: when to injunct?
- Security as contractual risk allocation
- Notice requirements
- Security of Payment considerations
- Recent case developments
Presented by Andrew Orford, Partner, MinterEllison; Preeminent Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2024 and Matt Hammond, Senior Associate, MinterEllison; Construction Law Rising Star, Doyle’s Guide 2023
Presenters
Steven Hogg, Barrister, McPherson Chambers
Steven was called to the Bar in 2011. He has a general commercial practice with particular emphasis on corporate, property, building and construction and contract disputes. Before coming to the Bar he worked as a solicitor in the areas of general commercial and insurance litigation. Steven was Associate to His Honour Justice Fryberg in 2006. Steven also teaches advocacy and litigation practice through the University of New South Wales. In his spare time Steven enjoys cooking, riding his numerous bikes and delighting in his family.
Sarah Ferrett, Special Counsel, MinterEllison
Sarah Ferrett is a Queensland solicitor with 20 years' experience specialising in construction and infrastructure disputes. Sarah has significant expertise in managing complex legal challenges and large scale disputes in the realm of major projects and renewable energy disputes. Sarah's experience both in house and in private practice encompasses a broad spectrum of dispute resolution mechanisms. From statutory claims and expert determinations to overseeing large-scale formal litigation, Sarah assists her clients to navigate complex legal and commercial decisions with a strategic, results-driven mindset. Sarah was most recently recognised by Doyle's Guide 2024 as a Recommended Construction and Infrastructure lawyer.
Andrew Orford, Partner, MinterEllison
Andrew is MinterEllison's National Construction Disputes lead. He is a specialist and highly credentialed construction dispute resolution lawyer with significant recent experience on managing large construction disputes, primarily in the infrastructure and resources sectors in all states and territories across Australia. His primary role has been to assist his clients' board and senior executive teams to devise and implement strategies to resolve disputes as efficiently and commercially as possible. The breadth of Andrew's experience canvasses all dispute resolution mechanisms including adjudication, expert appraisal / determination, mediation, dispute boards, litigation and arbitration under various types of contracts (including complex claims for extensions of time, acceleration, liquidated damages, delay costs and contract termination).
Jay Hatten, Principal, CDI Lawyers
Jay has a strong focus on dispute resolution, litigation and work health and safety (WH&S) in the construction, development, infrastructure, mining and natural resource industries. Jay’s background experience and involvement with some of Australia’s largest ever disputes in those industries provides Jay with invaluable insights into the complexities, intricacies and time pressures of such projects, allowing Jay to efficiently and practically advise his clients on industrial relation and work health and safety related issues.
Thomas Ambrose, Barrister, Alfred Lutwyche Chambers
Thomas has a broad commercial practice. He has a particular interest in construction & infrastructure law (including security of payment), contractual interpretation, insurance, professional negligence and trade practices & consumer law. Thomas is briefed to appear in court and tribunal proceedings (in Queensland and interstate), mediations, expert determinations and arbitrations. Thomas is recognised in Doyle’s Guide as a recommended construction and infrastructure law counsel.
Matthew Hammond, Senior Associate, MinterEllison
Matt is an experienced construction lawyer who has a proven track record in the infrastructure space for over a decade. Matt specialises in large-scale and complex disputes, risk strategy and claims management advice and has acted on a wide range of projects involving tunnels, light rail, PPPs, wind farms and major road projects. He was recognised as a 'Rising Star' for Construction Law by Doyle's Guide in 2023.
