Navigate the Building and Construction Industry (Security of Payment) Act 2021 (WA) with confidence. U pack the most pressing SOPA issues - from avoiding high-risk SOPA clauses to reviewing and challenging adjudications. With recent case law reshaping the boundaries between SOPA and the Australian Consumer Law, and criminal penalties now in play for non-compliance, this is essential guidance for lawyers, contractors, consultants, and in-house counsel who need to get it right. Join leading experts as they deliver practical strategies, checklists and compliance tips you can apply immediately.
Thursday, 20 November 2025
Chair:
Juliana Jorissen, Partner, King & Wood Mallesons; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2024
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on WA legislation
9.00am to 10.00am SOPA: High-Risk Clauses in WA Construction Contracts
- What are some of the contract clauses that might get you in trouble under SOPA and why?
Presented by Thomas Jacobs, Partner, Jackson McDonald; Leading West Australian Construction and Engineering Lawyer, Best Lawyers in Australia
10.00am to 11.00am Can Misleading Conduct Kill a Payment Claim?
When statutory payment rights collide with federal consumer protections, who prevails? Recent decisions across WA and NSW are testing the boundaries of SOPA enforcement, raising urgent questions about misleading conduct, constitutional inconsistency, and adjudicator discretion. This seminar explores five pivotal developments shaping the legal landscape:
- ACL Defences in SOPA Enforcement: Can misleading conduct claims under the Australian Consumer Law derail statutory payment entitlements?
- Constitutional Override: What happens when State SOPA provisions conflict with federal law under Section 109?
- Threshold for Bona Fide Claims: How serious must a misleading conduct allegation be to block summary judgment?
- Legislative Reform and Risk Exposure: How are SOPA and ACL amendments expanding the scope - and stakes - of disputes?
- Beyond Interim Relief: What rights and remedies remain available outside the SOPA regime?
Whether you're drafting contracts, advising clients, or navigating disputes, understanding this dynamic tension is essential.
Presented by Richard Douglas, Barrister, Francis Burt Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Reviewing and Challenging Construction Adjudications
- Examine the review process for construction adjudications and explore the avenues for challenging determinations
- Clarify the scope of the adjudication process, including whether it extends beyond the issuance of a determination to cover enforcement
- Gain practical insights into when, how and on what grounds an adjudication can be reviewed or contested
Presented by Scott Ellis, Barrister, Chartered Arbitrator, Mediator, Francis Burt Chambers; Leading Construction Law Barrister, Doyle’s Guide 2025; Senior Sessional Member of the State Administrative Tribunal
Presenters
Juliana Jorissen, Partner, King & Wood MallesonsJuliana 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.
Thomas Jacobs, Partner, Jackson McDonald
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.
Scott Ellis, Barrister, Chartered Arbitrator, 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.
Richard Douglas, Barrister, Francis Burt Chambers
Richard Douglas has been a Barrister at Francis Burt Chambers since 2006. He has been admitted as an attorney in the state of New York since 2000. Richard has been involved in significant litigation including: The Bell group; Sons of Gwalia; Burrup Fertilisers; Storm Financial; Fire Power, Anaconda; Rothwells; and the Insurance coverage dispute regarding the world trade centre in Manhattan following the events of 9/11. Richard has been a member and chair of the WA Law Reform Commission and acted in relation to a number of public enquiries. Richard continues to act in relation to complex, difficult and urgent matters in courts across Australia.
