If you're advising the construction industry whether in-house or in private practice, this program is a must-attend with its deep analysis of the implications of the 3 major legal reforms and developments for the NSW construction industry. Gain critical, expert insight into the Building Bill 2024 with its sweeping new compliance powers, enforcement risks and contract implications. Gain much-needed analysis of recent Security of Payment Act cases and the evolving duty of care landscape post-Pafburn. You’ll leave equipped to manage risk, draft more effective contracts and navigate disputes with confidence.
Attend and earn 3 CPD units in Substantive Law
This program is based on NSW legislation
Kerrie E. Leotta, Barrister at Law, Arbitrator & Mediator, Beecroft Chambers
Presented by Tom Davie, Barrister, Queen Square Chambers; Author, Annotated Home Building Act; co-author, Understanding Construction Law
- No contracting out: the ramifications of section 34
- Validity of a payment claim
- Validity of a payment schedule
- The adjudication regime (I): judicial review of an adjudicator’s determination
- The adjudication regime (II): stay of enforcement of a judgment debt under section 25
- Disputes at a ‘crossroads’ with the Contractors Debts Act 1997 (NSW): working this out in practice
Presented by Adam Smyth, Barrister, 13th Floor St James Hall
- Overview of the post-Pafburn landscape and expanded tort liability
- Deep dive into building defects claims including:
- Warranties and statutory guarantees
- Aluminium cladding and common defect issues
- The Defects Bond Scheme and Decennial Insurance
- Managing breach of duty of care claims under the DBPA 2020
- Risk allocation and due diligence across contractors, certifiers, designers
- Practical drafting tips to limit liability and manage insurance risks
Presented by Mario Rashid-Ring, Partner, Bartier Perry
Presenters
Adam Smyth, Barrister, 13th Floor St James Hall
Adam maintains a broad-based civil and commercial practice. Whilst he takes a special interest in company law, trusts, succession & probate and regulatory compliance across the building & construction industry, he appears in and advises on a more general variety of matters before the courts & tribunals in NSW and other Australian jurisdictions, both at first instance and on appeal. Before he came to the Bar, Adam gained a solicitor's formative experience in overseas practice with a number of international law firms, advising on corporate governance, anti-money laundering, competition law and financial services regulatory compliance issues, with a focus on the (re-)insurance industry. In particular, Adam practised for several years as a registered foreign lawyer in Hong Kong. Having worked with Chinese counsel on a variety of matters during that time, he boasts fluency in Mandarin, and enjoys applying his language skills to the task at hand.
Tom Davie, Barrister, Queen Square Chambers
Tom is one of Sydney’s most experienced and respected construction law barristers. He is the author of the Annotated Home Building Act and a co-author of Understanding Construction Law. He regards building and construction law as a branch of commercial law. Before coming to the bar in 1998 Tom practiced as a solicitor and partner involved in building and construction, commercial, and planning law at major legal practices across three jurisdictions.
Mario Rashid-Ring, Partner, Bartier Perry
Mario Rashid-Ring is a motivated and highly capable commercial litigator specialising in construction & infrastructure. Mario works with a diverse mix of clients, ranging from large multinationals to individuals, and believes that the key to building and maintaining strong relationships is continuous, open and effective dialogue. His technical knowledge of the law, coupled with his degree in Business and Commerce helps Mario deliver tailored and practical solutions to his clients at all times. Ever mindful of the commercial realities of disputes and the specific merits of each case, Mario encourages the strategic use of alternate dispute resolution methods when appropriate. However, when litigation is deemed necessary, he readily assists clients across a range of Australian jurisdictions.
Kerrie E. Leotta, Barrister at Law, Arbitrator & Mediator, Beecroft Chambers
Kerrie Leotta was admitted as a barrister on 21 July 2007 and practices in the areas of building & construction, Alternative Dispute Resolution (Arbitration/Mediation/Evaluation), commercial, equity, family and professional negligence,. She is the past president and treasurer of the Women's Lawyers Association of NSW, and has served as Past Treasurer Women's' Barristers Forum, Convener Australian Construction Law Discussion Group, Past Deputy Chair Law Council Business Construction (NSW) Chapter, Lecturer in Dispute Resolution in Construction Industry at UTS, Past Judicial Member Consumer Trader and Tenancy Tribunal (CTTT) and Accredited mediator and Arbitrator . Life member of WLA (NSW) ,Gymnastics NSW and NSW Gymnastics WAG Judges Assembly.