Stop stressing about CPD planning – we’ve got it covered! Stay compliant with one hassle-free bundle, featuring three of our bestselling construction law programs, and save by getting 11 CPD points for the price of 10. This bundle includes Construction Law Insights: Arbitration, Defects, and Compliance Post-Tesseract, where you’ll tackle building defect litigation and master strategies from the Tesseract ruling. Then, get your core points with the Ethics, Professional Skills & Practice Management for Construction Lawyers webinar. Finish up with the Construction Law: Insolvency, Claims and Disputes recording, and gain essential insights on insolvency risks and Security of Payment cases.
Attend and earn 11 CPD units including:
8 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 WA legislation
Construction Law: Insolvency, Claims and Disputes
Is your construction practice ready for the crackdowns on harsh commercial behaviour and unfair contract terms? Attend and explore the scope of ACL regulation and gain insights from recent Security of Payment cases shaking the construction sector. In a climate of rising construction insolvencies, understand the warning signs and risk mitigation strategies. When a false statement has the ability to cost your clients, consider defamation in construction and how best to protect your clients.
- Consider the latest developments, and relevant case law regarding the WA Building and Construction Industry (Security of Payment) Act
- Discuss the impact of the SOP Act on the administration; management and consideration of rights and remedies within construction contracts
Presented by Thomas Jacobs, Partner, Jackson McDonald
- Examine how the expanded Unfair Contracts Terms regime will impact typical construction contract terms and negotiations, and the potential penalties for contravention
- Consider how the expanded concept of statutory unconscionable conduct will impact project disputes and claims
- Navigate how misleading and deceptive conduct claims are and can be deployed in project disputes
Presented by Tom French, Partner, MinterEllison; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2023, Shevaun Stringer, Special Counsel, MinterEllison and Penny Bond, Senior Associate, MinterEllison
- The current approach of the courts to enforcement of dispute resolution clauses
- A how-to guide to drafting a watertight dispute resolution clause
- When do you need or not need a dispute resolution clause?
- Choosing the right dispute resolution method: arbitration vs expert determination vs ADR vs litigation
- Is a staged dispute resolution procedure appropriate?
- Should the dispute resolution procedure be mandatory?
- Example clauses
Presented by Simon Davis, Barrister, Francis Burt Chambers
Scott Ellis, Barrister, Chartered Arbitrator, Mediator. Francis Burt Chambers
- Current industry and contracting climate
- Early warning signs and commercial considerations
- Managing supply chain risks: price escalation, rise and fall, force majeure
- Mitigating insolvency risks: security, direct payments, advance payment for materials and plant, take out and forfeiture rights
Presented by Melissa Koo, Partner, Squire Patton Boggs; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2023
The building and construction industry is prone to the making of strongly worded and often critical statements. This is especially so in respect to dissatisfied customers, with the potential for widespread and enduring damage by publication on the internet. However, concerns about damaging defamatory and injurious statements extend to all levels of the building and construction process, such as between or concerning contractors, managers, suppliers, regulators and public authorities, as well as, on occasion, by competitors.
You will:
- Address the elements of defamation and associated causes of action
- Consider liability for and defensibility of injurious statements
- Examine the forms of relief and redress available
- Explore strategies involved in preventing such statements, or preventing wider or enduring and persistent publication of them, especially having regard to the internet
Presented by Jason MacLaurin SC, Francis Burt Chambers
Attend and earn 4 CPD units in Substantive Law
This program is based on WA legislation
Presenters
Ms. Melissa Koo, Partner, Squire Patton BoggsMelissa is a specialist construction lawyer with extensive experience in representing project participants on major Australian and international construction, energy and infrastructure projects. She has advised on high value disputes involving complex legal, engineering and construction issues. She has experience acting for Australian and international clients in all dispute resolution forums, including international arbitration, litigation, mediation and adjudication. She is also experienced in drafting suites of contracts and advising on and negotiating contracting issues arising out of bespoke and Australian and international standard form contracts. In Western Australia where she practices, Squire Patton Boggs has been ranked as a Tier 1 Construction and Infrastructure litigation law firm and a Tier 2 front end construction and infrastructure law firm by Doyle’s Guide. Melissa herself was recognised as a recommended lawyer in Doyle’s Guide of leading lawyers in Western Australia in 2023. She is also an active committee member of the National Association of Women in Construction.
Tom French, Partner, MinterEllison
Tom is a Partner at MinterEllison in Perth. Tom specialises in commercial dispute resolution (including litigation, arbitration, and adjudication) in projects & construction, energy & resources, and professional practices. He regularly advises contractors, principals, and engineers on major infrastructure disputes in respect to the construction of infrastructure on significant mining and resources projects in the Asia Pacific region and Africa, and in respect to the construction of significant commercial projects in the Perth metropolitan area. Tom has appeared in all superior courts in Western Australia and New South Wales, and the Federal Court and Full Federal Court of Australia, on appeals, trials, and interlocutory matters. He has also appeared in the High Court of Australia.
Mr. Simon Davis, Barrister, Francis Burt Chambers
Simon Davis is a barrister and arbitrator at Francis Burt Chambers. He has a general commercial, civil and construction practice and accepts arbitrator appointments in the same areas. Since joining the Bar in 2004 he has worked as counsel on a range of actions and arbitrations across several industry sectors, appearing before various different courts and tribunals both as lead counsel and as a junior. Since 2015 Simon has acted as arbitrator on several commercial arbitrations, both international and domestic. Before coming to the Bar, Simon had twelve years experience in major commercial law firms in London, Paris and Perth. In Perth from 2000 to 2004 he was at Allens Arthur Robinson, where his practice covered international and domestic commercial litigation, arbitration and alternative dispute resolution, for a range of commercial and resources clients. In London and Paris from 1993 to 2000 Simon was a disputed solicitor at Freshfields, where he gained particular experience in international arbitration, both commercial and construction/technical, acting for a variety of governmental, industrial and commercial clients in arbitrations governed by common and civil law systems. Simon is admitted to practice in Western Australia, Victoria and England and Wales. He is a Fellow and Councillor of the Chartered Institute of Arbitrators, and an Honorary Fellow in the Faculty of Law of the University of Western Australia, where he co-teaches International Commercial Arbitration.
Mr. Thomas Jacobs, Partner, Jackson McDonald
Thomas Jacobs Tom has almost 30 years’ experience advising clients active in the building, construction and engineering industries, with expertise advising on procurement and the management and resolution of complex construction and engineering disputes. He has extensive experience of all forms of dispute resolution, particularly adjudication. He has been recognised as a leading West Australian Construction and Engineering lawyer by Best Lawyers in Australia for the last 3 years and was recently tasked by Building and Energy to train new adjudicators under the new Security of Payment legislation
Mr. Jason MacLaurin SC, Francis Burt Chambers
Jason MacLaurin graduated from the University of Western Australia in 1993 with a Bachelor of Laws (LLB (Hons)) and is admitted to practice in the Courts of Western Australia (1994), the Federal Courts (1994) and the Courts of England and Wales (2002). Prior to joining Francis Burt Chambers in 2006, he worked for Clayton Utz as a senior associate (2002 - 2006) in their commercial litigation department, and before that worked for Messrs Bennett & Co, as a commercial and corporate litigator and senior associate (1995 to 2001). Before that, Jason had been articled to, and completed his restricted practice year with, the State Crown Law Department (now the State Solicitors Office). Jason practices in all areas of commercial and civil litigation including Trade Practices (now Competition and Consumer law), contract, equity, building and construction, corporations, insolvency and media and defamation law. Jason has extensive experience as both a solicitor and Counsel (including appellate work) in the Supreme Court of Western Australia, the High Court and the Federal Court, and also the lower Courts and Tribunals, both State and Federal. Jason is an Adjunct Associate Professor and sessional lecturer in Competition and Consumer Law at Notre Dame University, Fremantle. Jason has also been a sessional lecturer in Competition Law at Murdoch University.
Mr. Scott Ellis, Barrister, Arbitrator and 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.
Penny Bond, Senior Associate, MinterEllison
Penny is a Senior Associate in MinterEllison’s Projects, Infrastructure and Construction Group with a specialisation in construction and project dispute resolution. Penny has experience advising a range of clients including principals, contractors, subcontractors, and local governments in contract administration, risk management and dispute resolution in Western Australia. Penny's dispute resolution experience has included acting for and advising clients in respect of adjudications, mediations, expert determinations, arbitrations and Supreme Court and District Court litigation.
Ms. Shevaun Stringer, Special Counsel, MinterEllison
Shevaun is a Special Counsel at MinterEllison in Perth. She advises on major projects in the infrastructure, energy and resources, and property development sectors. Shevaun has extensive experience acting for both principals and contractors on the full life cycle of a project, from the procurement strategy and negotiation of contracts, through to contract administration and dispute resolution.
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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.
- 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
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
Attend and earn 4 CPD units in Substantive Law
This program is based on WA legislation
Nunzio Lucarelli KC, Francis Burt Chambers
- 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
Explore the alternatives to litigation of disputes on construction projects, including the pros and cons of utilising adjudication, mediation, expert determination, arbitration and the use of Dispute Avoidance Boards.
Presented by Brian Millar, Independent Barrister & Arbitrator, Francis Burt Chambers
Presenters
Lachlan Palmos, Principal, Palmos LegalLachlan 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.
Mr Brian Millar, Barrister,
Brian Millar specialises in resolving disputes on projects in the construction, infrastructure, energy and resources sectors. He practises as an independent barrister and arbitrator. He has spent over 25 years advising principals/owners, government entities, developers, contractors, engineers, architects and insurers on major projects in Australia and South-East Asia. He has acted for clients such as Chevron, BHP, Rio Tinto, QIC, PetroVietnam, Samsung, Monadelphous, JKC, Transport for NSW and the WA Public Transport Authority. Brian is a Fellow of the Chartered Institute of Arbitrators and ACICA and panel member of various Arbitration Centres. He is a member of the International Committee of the Australian Bar Association, the WA State Committee of ACICA, the Bureau of the Australasian Chapter of the ICC Institute of World Business Law and an executive board member of the Dispute Resolution Board Foundation (Region 3). Brian was the recipient of the Resolution Institute Australian Arbitrator of the Year award at the 2019 Australasian Law Awards.
Gemma Nugent, Director, SoundLegal
Gemma Nugent, Principal Lawyer at SoundLegal, is a construction, engineering and consulting contract specialist. Gemma has worked extensively with subcontractors, contractors, principals and consultants on major infrastructure, construction, mining, oil and gas and consulting projects in both the private and public sector. She has drafted, reviewed, negotiated and delivered training on a wide variety of project and commercial agreements and has experience with all of the Australian Standard standard form contracts.
Nunzio Lucarelli KC, Francis Burt Chambers
Nunzio has practised as a barrister in large, complex commercial litigation for 40 years. He has been a King’s Counsel for 25 years. He focuses on commercial law, corporations law, international commercial arbitration, property law, equity, trusts, international law, torts, insolvency and administrative law. Nunzio has been briefed in several matters concerning unconscionable conduct, including in the context of large construction contract litigation. 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 and is a member of Francis Burt Chambers in Perth. 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.
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Ethics, Professional Skills & Practice Management for Construction Lawyers
This program, offering 3 CPD units, will provide valuable insights into several critical areas. You will learn how to manage contractor relationships effectively, with a focus on contract administration and dispute resolution strategies. Gain essential professional skills in drafting and negotiating key clauses in construction contracts, with an emphasis on risk management and contract administration.
Attend and earn 3 CPD units including:
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
- 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
Carlos Mobellan, Barrister and Mediator, Third Floor St James Hall Chambers
- 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, PCL Lawyers
- 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
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