Law for Architects: Managing Contracts, Councils, Defects & Employment Risks

Unlock the full potential of your architectural practice as you address top legal and operational hurdles. Gain expert strategies to streamline your approach to navigating Complying Development Certificates and securing timely council approvals with ease. Breakdown ABIC, cost-plus & fixed price as you the art of contract management. Safeguard your projects against health risks like mould and waterproofing issues as you tackle evolving building codes head-on. Plus, stay on top of the latest employment law updates as you overcome the challenges of modern architecture and acquire legal essentials for practice success.

Wednesday, 13 August 2025
Save 30% - Sale ends on Friday, 9 May
Design Delivery and Construction Phase Services – PC9, PC13, PC14
9.00am to 10.00am Contract Management and Administration

 

  • Drafting and managing contracts, including ABIC, cost-plus, and fixed-price contracts
  • Key provisions: provisional sums, exclusions, escalation and protecting client interests
  • Understanding the roles of architect and contract administrator, including the architect’s retainer to provide contract administration services
  • Contract management tips and traps regarding navigating changes: Variations, latent conditions and extensions of time 

Presented by Sheldon Garcia, Partner, Sparke Helmore Lawyers; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2024

Project Initiation and Conceptual Design – PC24, PC42
10.00am to 11.0am Navigating Complying Development Certificates (CDC) and Council Approvals

 

  • Understanding the legal framework governing Complying Development Certificates (CDC) and council approvals
  • Navigating planning regulations, zoning requirements, and permissible uses
  • Common legal pitfalls architects face during the approval process and how to avoid them
  • Recent legal developments and case studies impacting CDC and council approvals
  • Practical strategies for architects to streamline compliance and approvals for their projects 

Presented by Catherine Morton, Partner, Property, Environment & Finance, Spark Helmore Lawyers; Best Lawyers 2025 in Commercial Law and Nick Ferguson, Special Counsel, Spark Helmore Lawyers

Detailed Design and Construction Documentation – PC39, PC46
11.15am to 12.15pm Addressing Evolving Building Codes and Defect Claims

 

  • Overview of the latest changes in building codes and their impact on architectural design and construction practices
  • Addressing the rise of mould-related defects, causes, legal implications, and impact on liability for architects
  • Key trends in defect claims, with a focus on modern construction issues and legal risks for architect
  • Indemnities, warranties and the proportionate liability regime
  • Defining a duty to warn
  • Understanding the role of professional liability insurance and coverage for defect claims
  • Strategies for architects to mitigate defects, ensure compliance, and reduce exposure to legal and insurance claims to legal and insurance claims 

Presented by Kerry Ioulianou, Partner, Colin Biggers & Paisley; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2024

12.15pm to 1.00pm Break
Practice Management and Professional Conduct – PC1, PC2, PC15, PC16
1.00pm to 2.00pm Recent Developments in Discrimination Law: The Positive Duty Under S 47c of The Sex Discrimination Act 1984 (Cth) and the New Costs Regime - What Does It Mean for Employing Architects?

 

Barrister,  Kellie Edwards will present on the positive duty that all architects have if they employ staff, including: 

  • Its historical context
  • Likely interpretation of the provision by the Australian Human Rights Commission if you end up in with a complaint against you and your firm
  • The format of inquiries
  • The new importance of Australian Human Rights Commission guidelines 

Kellie will also cover other changes to the Sex Discrimination Act arising from the last two Respect@Work Amendment Bills passed in 2021 and 2022. 
Presented by Kellie Edwards, Barrister, 153 Phillip Barristers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2023

Learning Objectives:
  • Gain an understanding of the legal requirements and strategies for navigating CDCs, council approvals, and retroactive approvals for non-compliant properties
  • Learn how to effectively draft and manage various types of construction contracts, ensuring key provisions safeguard client interests and manage risk
  • Develop practical knowledge on how to comply with building codes related to waterproofing and mould, while mitigating health risks through effective design and construction practices
  • Understand the key updates to employment law, including the prevention of discrimination and harassment, pay grades, and compliance with staff management processes
Description

Attend and earn 5 Formal CPD Points including: 
1 CPD point in Design Delivery and Construction Phase Services  
2 CPD points in Practice Management and Professional Conduct 
1 CPD point in Project Initiation and Conceptual Design 
1 CPD point in Detailed Design and Construction Documentation


Lawyers attending earn 5 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

Chair:

Charles Fortin, Managing Director, Collard Maxwell Architects

11.00am to 11.15am Morning Break
Practice Management and Professional Conduct – PC1
2.00pm to 3.00pm Complying with Codes of Conduct and Avoiding Disciplinary Prosecution

 

  • In addition to their technical skills, architects also need to be mindful of their professional obligations under codes of conduct
  • Falling foul of a code of conduct can not only result in civil claims, but can also lead to disciplinary prosecution by regulators
  • Natasha will share her experience acting for architects and other construction professionals in defence of disciplinary prosecutions and will:
    • Cover the key aspects of an architect's professional obligations
    • Provide examples of where projects have gone wrong (leading to disciplinary prosecution)
    • Provide practical advice and tips in terms of complying with code/s of conduct (and avoiding disciplinary action)   

Presented by Natasha Stojanovich, Partner, Lander & Rogers (Victorian Construction Lead); Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2021-2024; Best Lawyers, Insurance and Construction Law

Presenters


Kerry Ioulianou, Partner, Colin Biggers & Paisley
A partner in the Construction & Engineering team in Melbourne, Kerry's practice focuses on construction law with a particular emphasis on large scale, complex multi-party disputes. With over 17 years of experience as a legal practitioner across multiple jurisdictions, including South Africa and Australia, Kerry has developed a deep expertise in construction and engineering law. Before joining Colin Biggers & Paisley, Kerry practised exclusively as a barrister from 2006 until 2018. Kerry's practice encompasses construction and engineering advice, as well as handling contractual disputes arising from a wide range of projects in industries such as construction, energy, mining & resources, road & rail, and aged & community care. Kerry is a member of the Building List Users Group of the County Court of Victoria and has been recognised as a leading Construction and Infrastructure Lawyer - Victoria, 2024 by Doyles Guide.  He was previously recognised as a rising star in Australia and Infrastructure (2020 and 2022) by Doyles Guide.


Natasha Stojanovich, Partner, Lander & Rogers
Natasha handles complex disputes involving construction professionals. Over the years, she has acted for numerous architects, engineers and building surveyors as well as property valuers and real estate agents. She has also acted for local councils, government departments and various statutory authorities and has extensive experience defending professional indemnity claims against councils. Natasha has extensive experience in claims involving non-compliant building products, including flammable cladding. Natasha has considerable experience handling litigation in the Federal, Supreme and County Courts, as well at VCAT. She also has experience in class action litigation. Natasha is a proficient public speaker. She regularly delivers in-house training for her clients, as well as speaking at conferences and other industry events. Natasha was recently recognised in the 2019 Legal 500 rankings in the category of insurance. She has also been recognised in Best Lawyers in Australia for her expertise in Construction / Infrastructure Law and Insurance Law.


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.


Sheldon Garcia, Partner, Sparke Helmore Lawyers
Sheldon Garcia is Partner at Sparke Helmore Lawyers. Sheldon joined the Projects & Government Commercial team as a partner in April 2024. Sheldon has been a litigator for 20 years and is known for his fact driven approach and high technical skillset. His many years of experience working with local and state government and large multi-national organisations across infrastructure, manufacturing, commercial and residential projects means that he understands the technical and commercial aspects of construction work and ‘speaks the same language’ as his clients. Sheldon specialises in construction dispute resolution, security of payment and contract drafting and review. He advises a broad range of clients beyond the traditional construction industry companies. He also has a niche practice in residential developments and strata in NSW, NSW Government operations (including construction, goods, services and ICT procurements) and advising and managing contract claims on live projects.


Catherine Morton, Partner, Property, Environment & Finance, Sparke Helmore Lawyers
Catherine is a solicitor and a registered architect with a range of experience across both professions. She has been employed as a planning law solicitor since 2005, providing clients with an in-depth perspective on the statutory planning framework and its relationship with architecture. Catherine's unique combination of skills in law and architecture enables her to provide practical advice from a range of viewpoints. Her experience helps her to manage clients' expectations and deliver timely and effective results. Catherine provides regular advice to council and private clients on various aspects of planning law.   She has been involved in extensive litigation the Supreme Court and the Land and Environment Court, typically involving judicial review, easements proceedings, contempt proceedings and merits appeals from the actual or deemed refusal of development applications.  Catherine has also represented a local council in Code of Conduct proceedings, which were taken to the High Court and has appeared for clients in various local courts and in NCAT. Catherine is an experienced mediator and has been able to regularly negotiate favourable outcomes for clients, often through conciliation.


Nick Ferguson, Special Counsel, Sparke Helmore Lawyers
Nick is an experienced environment and planning lawyer. He specialises in environmental and planning litigation, advising on development and approval strategies, compliance with environmental law and mining and resources legislation, remediation of contaminated land, and biodiversity and offsetting obligations. Nick has a deep understanding of compulsory land acquisition law and compensation and advises a variety of government and private clients on complex compulsory acquisition claims, and strategies to acquire land. Nick also has experience drafting and advising on commercial agreements in the mining sector, including agreements for land access, compulsory acquisition and third party interface deeds. His compensation expertise also includes compensation for subsidence caused by mining.


Kellie Edwards, Barrister,153 Phillip Barristers
Kellie’s practice is dominated by work in the employment and discrimination jurisdictions. Her cases include many reported judgments on issues of new law. They also involve very complex claims for very significant damages. She also is briefed in administrative, trade practices, common law, and restraints of trade cases and is a qualified arbitrator and mediator. She has also advised and appeared in coronial inquiries. Prior to going to the Bar, Kellie was an Associate at the then Dibbs Barker Gosling specialising in employment and discrimination law. From 1997 until 2003, she was a member of the NSW Administrative Decisions Tribunal (now NSW Civil and Administrative Tribunal). From April 2017 until 2023, she was the Chair of the Australian Payments Network Limited’s IAC Sanctions Tribunal.

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Law for Architects: Managing Contracts, Councils, Defects & Employment Risks

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Single Session
Wednesday, 13 August 2025
9.00am to 3.00pm Australia/Sydney
CPD Points 5
$610.00
$427 with code 256EB30 - Sale ends on Friday, 9 May
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