You know the challenges of staying abreast of the many legal difficulties architects can face - whether it's keeping up with building reforms, managing liability risks, protecting your designs, or ensuring timely payments. Equip yourself with the practical knowledge you need to navigate these challenges confidently. Discover how to safeguard your intellectual property and stay compliant with evolving regulations. Learn best strategies for recovering unpaid funds, navigate the complexities of professional indemnity insurance, and develop effective strategies to handle disputes and litigation. Walk away with actionable insights that will streamline your practice, protect your interests, and secure your cash flow.
- Legal duties of architects: in contract and in tort
- Statutory duty of care to avoid economic loss from defects
- Regulated designs and design compliance declarations: Commercial leverage for architects?
- Professional indemnity insurance crisis
Presented by Owen Hayford, Principal, Infralegal; Leading Front-End Construction, Infrastructure & Major Projects Lawyer, Doyle’s Guide 2024, 2023
- How do I understand what cover is provided by my professional indemnity policy?
- When should I make notifications to my indemnity insurer?
- What is typically excluded by a professional indemnity policy?
- Renewal and disclosure: what an insurer expects
- How is professional indemnity insurance different to D&O insurance?
- Warranties on holding professional indemnity insurance
Presented by Peter Yeldham, Partner, King & Wood Mallesons and Jacinta Mallon, Solicitor, King & Wood Mallesons
- The importance of your written contract
- Negotiating terms to facilitate payment
- Compliance with terms (including notices and time bars)
- Commercial strategies for recovery
- Importance of claim preparation
- Negotiation and potential compromise/settlement
- Use of the security of payment legislation
- Overview of statutory payment recovery process
- Common challenges/issues
- Enforcement, including suspension, contractor's charges and statutory demands
- Recovery via formal dispute resolution: ADR, litigation and arbitration
- Overview of available processes and potential claims
- Common issues and tips for avoiding
- General tips
- Maintaining records
- Importance of always issuing notices
- Combining recovery strategies and tailoring them to the situation
Presented by Jack Fan, Partner, Thomson Geer; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2024; Kaitlin Duff, Senior Associate, Thomson Geer
- Understand key building reforms and their legal impacts on architectural practice and project compliance
- Learn how to manage environmental standards, and mitigate specification-related risks
- Gain knowledge of copyright protection for architectural designs and strategies to manage intellectual property rights
- Understand professional indemnity insurance coverage, exclusions, and best practices for managing claims and renewals
- Learn strategies for managing payment disputes and effectively recovering unpaid funds from clients
- Develop defensive strategies for architects facing litigation, including understanding causes of action and the litigation process
Attend and earn 5 Formal CPD points including:
4 CPD points in Practice Management and Professional Conduct
1 CPD point in Design Delivery and Construction Phase Services
Lawyers attending earn 5 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Charles Fortin, Managing Director, Collard Maxwell Architects
- Unpack the potential risks to designers of fitness for purpose warranties and other indemnities
- Navigate disputes involving ambiguous and poorly drafted specifications - lessons learned from case studies:
- Built Qld Pty Limited v Pro-Invest Australian Hospitality Opportunity (ST) Pty Ltd [2022]
- MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited
- Understand the risks of acting as superintendent on projects: A case study highlighting duties and liabilities
Presented by Brian Rom, Partner, HWL Ebsworth
- Structure of the standard AIA client-architect terms dealing with copyright:
- Overview of the current framework and provisions
- Potential areas for improvement in light of the Milankov decision
- Examination of how the structure of the ACA client-architect agreement better protects an architect’s copyright
- Copyright in CAD files:
- Legal considerations and ownership rights
- Architect's rights to photograph and publish their projects:
- Scope of rights and common limitations
- Moral rights:
- Definition and key aspects
- Independence from copyright and implications for architects
Presented by Christopher Larcos, Special Counsel, Moray & Agnew Lawyers; Registered Architect
- Do you really need to respond? Dealing with scenarios when you’ve been ‘served’
- Causes of action and damages
- Defences and apportionment of liability
- The litigation process, mediation and conclaves
Presented by Daniel Oldham, Principal, Oldham Construction Lawyers; specialising in construction and property litigation
Presenters
Brian Rom, Partner, HWL Ebsworth
Brian is a construction lawyer with more than 25 years' experience covering a wide range of high value and technically complex disputes in Australia and internationally. He has acted for architects, engineers, insurers, builders, owners and developers. He also has significant 'back-end' construction contract drafting and negotiating experience. Prior to moving to Australia in 2008, he practiced in London for eight years on multi-jurisdictional arbitrations and court proceedings. Brian is a regular speaker on construction law and general contract law topics. In the 2023 Doyle's Guide, Brian is listed as a "rising star" for construction, infrastructure and projects law matters in the Victorian legal market and as a future leading lawyer within the area."
Owen Hayford, Principal, Infralegal
Owen has over 25 years experience advising on contracts, with a focus on infrastructure projects. Owen commenced his legal career at Clayton Utz, where he became a senior partner. He also led the infrastructure teams at PwC Legal and DLA Piper before graduating from the Big Firm model to establish Infralegal. Infralegal’s business model allows Owen to specialise in providing strategic legal and commercial advice without the overheads and constraints associated with the BigLaw business model. Owen has drafted and negotiated more clauses that limit or exclude liability than he cares to remember. He brings technical understanding to this topic, seasoned with commerciality.
Christopher Larcos, Special Counsel, Moray & Agnew Lawyers
Christopher brings a rare dual perspective to his work as both a registered architect and solicitor, offering clients well-rounded, practical insights across a wide range of construction, infrastructure and project matters. With over two decades of experience as a front-end projects lawyer—complemented by over 20 years practising as an architect—Christopher advises contractors, developers, architects and other professionals on the full lifecycle of construction and infrastructure projects. He provides strategic guidance on everything from tendering and contract drafting to security of payment, home warranty issues, contract administration and claims management. Known for his ability to prepare clear, tailored agreements, Christopher drafts bespoke contracts as well as amended Australian Standard forms, and has deep experience across PPP, D&C, EPC and EPCM delivery models. Before joining Moray & Agnew in 2011, Christopher held roles at Allens Linklaters and King & Wood Mallesons, where he advised on multi-billion-dollar public and private infrastructure projects and acted in complex disputes. He is a key member of Moray & Agnew’s dynamic and fast-growing Construction & Projects team. Clients value Christopher’s calm, considered and strategic approach—along with the unique lens his architectural background brings to navigating legal and technical challenges to deliver practical, commercially sound outcomes.
Peter Yeldham, Partner, King & Wood Mallesons
Peter is a Partner in the Dispute Resolution group in the Sydney office of King & Wood Mallesons. Peter has a broad practice with expertise in insurance advice and disputes, commercial real estate disputes, and general commercial litigation (including contractual disputes, and disputes between joint venture partners). In his insurance practice, Peter provides policy response advice and claims management support (including litigation, if required) in respect of Professional Indemnity, Directors & Officers (or Management Liability), Statutory Liability, W&I, cyber, Contract Works insurance, Property Damage, Public Liability, Industrial Special Risks and Trade Credit policies. The bulk of Peter's experience has been in the professional indemnity space, often advising other professional services firms and financial institutions. Peter is regularly called upon by the banking and finance, mergers & acquisitions and real estate practice teams to provide bespoke advice and views on insurance obligations in significant contracts and transactions. Peter has deep experience in commercial real estate disputes, including in respect of the termination of leases. In his general commercial litigation practice, Peter has acted for a number of clients in the private equity, banking, real estate, resources, healthcare, food and agriculture and resources sectors. Peter advises clients on engagement with regulators (including ASIC, FIRB and the State Insurance Regulatory Authority (NSW)).
Jacinta Mallon, Solicitor, King & Wood Mallesons
Jacinta has had extensive experience in a range of complex, high value and high-profile commercial disputes across multiple jurisdictions. Jacinta’s practice includes large disputes involving ASX listed companies and financial institutions, professional negligence cases and class actions.
Kaitlin Duff, Senior Associate, Thomson Geer
Kaitlin is a Senior Associate at Thomson Geer, specialising in construction and infrastructure disputes. She manages complex, high-value construction disputes across formal and alternative dispute resolution processes. She also assists clients with drafting and negotiating contracts and provides strategic advice on all aspects of procurement, project delivery, and claims management. Kaitlin acts for both private and public sector clients across a broad range of industries, with a particular focus on transport infrastructure, commercial and residential property development, and renewable energy.
Daniel Oldham, Principal, Oldham Construction Lawyers
Daniel practices in commercial litigation, predominantly in the area of building and construction, property and Owners Corporation. He has well recognised and extensive experience, as a result orientated lawyer representing builders, owners, property developers, vendors, architects and surveyors in complex building disputes. Daniel’s professional memberships include the Building Dispute Practitioners’ Society, where he is immediate past President as well as Chair of the Law Institute of Victoria’s Building & Construction Committee. Daniel provides advice to the Master Builders Association of Victoria and the Housing Industry Association. Daniel also provides “front end” risk management advice in relation to building contracts and sale of land contracts. He has played a significant role in resolving “off the plan” litigation involving major developers and builders, including the ground breaking cases of Mirvac (Docklands) Pty Ltd v Philp (2004), Adams v Clark Homes Pty Ltd (2015), Burbank v Owners Corporation (2015), Shao v A G Advanced Construction Pty Ltd (2017), Ewin v Siemering (Building and Property) [2021] VCAT 1080 and Kyne v Brandrick & Associates Pty Ltd [2025] VSCA 17. Daniel has represented parties in claims and adjudications under the Building and Construction Industry Security of Payment Act including the leading Court of Appeal decision of Pearl Hill Pty Ltd v Concorp Construction Group (Vic) Pty Ltd (2011).
Charles Fortin, Managing Director, Collard Maxwell Architects
Charles graduated architecture from the Illinois Institute of Technology, a Chicago institution known for its Bauhaus philosophy and expertise in high-rise design and construction. He is the Managing Director and owner of Collard Maxwell Architects, a practice that has been in business since 1947. As an Executive Architect he oversees the delivery of 30 to 40 projects a year, many of them construction-side. His focus is on the design and delivery of complex projects of all types, including: Data Centers, Industrial, Mixed-Use Residential, Education, and Lifestyle Retirement projects. He is a chartered architect, A+ member of the Australian Institute of Architects, and regularly contributes his time to different groups and associations, including presenting and tutoring the Practice of Architecture Learning Series (PALS) for the Australia Institute of Architects. As a Designer Charles strives to create spaces that are functional and timeless, spaces that inspire people to do great work, live great lives, and think great ideas. Working alongside builders and property professionals Charles has acquired a unique understanding of the property development process, and of the mitigation of its associated risks which include: Political, Financial, Market, and Execution risks.
Jack Fan, Partner, Thomson Geer
Jack is a specialist projects lawyer who specialises in construction, engineering, public infrastructure and dispute resolution. Jack is also an expert in all forms of dispute resolution including litigation, arbitration, expert determination, mediation, disputes avoidance boards, and adjudications under security of payment legislation. Jack has acted on a wide range of government and private sector projects, including roads, rail, rolling stock, telecommunications infrastructure, electricity, water and waste, office buildings and other commercial developments. Jack has advised clients on all aspects of a project's lifecycle, from project conception, tendering and contracting and project management.