Get 11 CPD points for the price of 10! This bundle features 3 of our bestselling construction law programs, including the Major Projects and Construction: Limiting Legal Exposure webinar, where you'll learn to navigate risks under the BIF Act and safeguard your practice; Ethics, Professional Skills & Practice Management for Construction Lawyers helps you master contractor relationships and key clauses, and the Domestic Building Contract Essentials recording provides a step-by-step guide to managing contracts, claims, and disputes under the Queensland Home Warranty Scheme.
Description
Attend and earn 11 CPD units including:
7 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
2 units in Professional Skills
This program is based on QLD legislation
Domestic Building Contract Essentials: Key Clauses, Warranty, Claims & Termination
Thursday, 24 October 2024
In a period marked by over 1,700 construction companies entering administration, and complaints against builders on the rise across Queensland, it’s now more important than ever to have a robust understanding of domestic building contracts. From common drafting pitfalls and contract variations to defending claims under the Queensland Home Warranty Scheme and costs - this A-Z walkthrough is your shield against industry challenges ahead. Attend and gain the skills needed to craft watertight contracts, handle disputes effectively and keep your and your clients’ construction projects compliant and successful.
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is based on QLD legislation
Chair:
Stephanie Philippou, Barrister, McPherson Chambers
9.00am to 10.00am Domestic Building Contracts: Key Clauses & Common Pitfalls
- Key clauses in domestic building contracts including:
- Structure/setting out of the contract
- Price change warnings
- Prime costs and provisions sum items
- Variations
- Practical completion
- Extensions of time and liquidated damages
- Common pitfalls in contract drafting including:
- Identifying contract documents
- Drafting bespoke contracts
- Incomplete/incorrect schedules
- Effect if contract not signed
- Attempting to contract out of statutory requirements
-
Drafting special conditions
Presented by Aleisha MacKenzie, Legal Practice Director, Construct Law Group; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2023; Founding Member, Building Dispute Practitioners’ Society (Queensland Chapter)
10.00am to 11.00am Challenging and Defending Queensland Home Warranty Scheme Decisions
- Operation of the Queensland Home Warranty Scheme
- When does cover under the scheme come into force?
- What can a builder do if a complaint is made about their work?
- Successfully challenging adverse decisions made by the Queensland Building and Construction Commission
- Successfully defending a claim by the QBCC for money paid out of the insurance fund
Presented by James Morgan, Special Counsel, Mahoneys; Accredited Specialist in Commercial Litigation
11.00am to 11.15am Morning Break
Professional Skills
12.15pm to 1.15pm The Valuation of Costs to Complete Following Termination of a Residential or Commercial Building Contractor
- The value of the work performed at the time of termination
- The tests required to establish a causal link between post termination costs and the remaining work at termination
- Post termination scope change
- Post termination provisional sum adjustments
- The difference between the value of the remaining work at termination and the costs to complete
Presented by Graham Topp, Director, Registered Expert Witness, GTQ Expert Services
11.15am to 12.15pm Practical Completion & Termination for Breach: Common Misconceptions, Pitfalls & Unintended Consequences
- Practical completion as a contractual concept
- The importance of definitions
- Termination pursuant to a clause as opposed to termination at law
- The standard clauses
- Identifying “breaches” which trigger termination clauses
- Dangers of termination clauses
- The need for strict compliance
- Challenges and disputes and the need to keep litigation in mind
- Practical preparation for a QCAT hearing
Presented by Mark Williams, Barrister, Level 24 Chambers: Author, Building Contracts & Regulation Queensland
Presenters
Aleisha MacKenzie, Legal Practice Director, Construct Law GroupAleisha MacKenzie is Construct Law Group’s Legal Practice Director and founded the firm in 2014. Aleisha is a building and construction lawyer with 20 years’ post qualification experience and a registered adjudicator. Her clients include developers, principals, homeowners, builders, contractors and suppliers. Aleisha’s practice primarily involves construction litigation in both courts and tribunals, dispute resolution, contract drafting and risk management. She also provides advice to both contractors and homeowners on matters relating to the operation of the Queensland Building and Construction Commission (QBCC). Aleisha has been recognised for her contribution to the Housing Industry, winning the HIA Professional Services women’s award in 2018 and 2021.
Stephanie Philippou, Barrister, McPherson Chambers
Stephanie was called to the Bar in May 2021. She primarily practices in the following areas of law: commercial disputes, property law disputes, personal and corporate insolvency. She appears in both state and federal jurisdictions. Prior to coming to the Bar, Stephanie was admitted as a solicitor for 5 years practicing in litigation.
James Morgan, Special Counsel, Mahoneys
James Morgan was admitted as a solicitor in March 2004 and has practised in Commercial Litigation and dispute resolution since December 2004. James has extensive knowledge of construction law, civil procedure in state Courts and Tribunals, insolvency law, and administrative law. James acts for body corporates, builders and building owners, trade suppliers, subcontractors, local governments, directors, franchisees, lenders, borrowers, private schools, liquidators, and bankruptcy trustees. James has been an Accredited Specialist in Commercial Litigation since 21 November 2016.
Mark Williams, Barrister, Level 24 Chambers
Head of Level 24 Chambers in Brisbane and listed for 2019 in Doyle’s Guide as a Leading Construction & Infrastructure Junior Barrister for Queensland and recommended in 2020 and 2021, Mark was called to the Queensland Bar in March 1995. Mark is the author of Building Contracts & Regulation Queensland, a contributing author to the Lexis Nexis online service Lexis Nexis Regulatory Compliance – Building and Construction Module and was a Sessional Academic & Unit Co-ordinator at the Queensland University of Technology Faculty of Law; where he taught the subject Construction and Engineering Law as part of the University’s Master of Laws Programme. In 2017 he was named Contracts Disputes Barrister of the Year for Australia by Finance Monthly UK, the Alternative Dispute Resolution Barrister of the Year for Australia by the International Advisory Experts Awards, Recognised Leader in Construction & Engineering Law Australia by the APAC Insider Legal Awards, and Dispute Resolution Service Provider for the Year in Australia by Global Law Experts.
Graham Topp, Director, Registered Expert Witness, GTQ Expert Services
Graham is a Fellow of the Royal Institution of Chartered Surveyors, and a registered expert witness, certified quantity surveyor and Fellow of the Australian Institute of Quantity Surveyors. Graham is involved in the preparation, analysis, and submission of expert witness reports, addressing issues of quantum. He is retained to prepare reports on construction and engineering disputes in domestic and international arbitration, litigation, adjudication, and expert determination. Graham has provided estimating, procurement, contract, claims (typically related to the valuation of delay and disruption, loss and expense and final accounts) and commercial management on a broad range of projects including rail, metro, power, steelmaking, oil and gas, airport, bridge, commercial, residential, civil, educational, health and industrial. He is acknowledged as a global leader for quantum expert work by Who’s Who Legal.
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Ethics, Professional Skills & Practice Management for Construction Lawyers
Tuesday, 11 March 2025
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.
Description
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
Practice Management & Business Skills
2.00pm to 3.00pm Mastering Contractor Relationships: A Practice Management Guide for Construction Lawyers
- 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
4.00pm to 4.15pm Afternoon Tea
Chair
Carlos Mobellan, Barrister and Mediator, Third Floor St James Hall Chambers
Professional Skills
3.00pm to 4.00pm Drafting and Negotiating Key Clauses in Your Construction Contracts
- 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
Ethics & Professional Responsibility
4.15pm to 5.15pm Professional Ethics and Responsibility in the Engagement Of The Court’s Coercive Powers
- 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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Major Projects and Construction: Limiting Legal Exposure
Thursday, 13 March 2025
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 ChambersSteven 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.
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