There has been an increase in construction disputes in WA, partly due to the pressures of cost escalation, supply chain disruptions and insolvencies among builders. Gain practical insights into risk allocation and learn how to draft clauses that protect your clients’ interests. Discover strategies to anticipate and manage insolvency risk, spot early signs of financial distress, and respond effectively to disruptions. Stay ahead on consumer protection requirements and ESG issues and sharpen your dispute resolution skills with guidance from leading experts. Given the trends in construction in Western Australia, walk away with actionable knowledge to enhance your practice and deliver greater value to your clients.
- Consumer protection in residential construction: the protective nature of the building services (Complaints Resolution and Administration Act 2011)
- ESG in the construction industry: energy and environment ratings in commercial construction
Presented by Tom French, Partner, MinterEllison, Melissa Hanna, Special Counsel, MinterEllison and Lauren Smith, Lawyer, MinterEllison
- Arbitration or litigation?
- Escalating negotiations
- Mediation
- Dispute resolution boards
- Fast track adjudication under the Building and Construction Industry (Security of Payment) Act 2021 (WA)
Presented by Simon Davis, Barrister & Arbitrator, Francis Burt Chambers; Honorary Fellow, Faculty of Law, University of Western Australia and lecturer in International Commercial Arbitration
Attend and earn 4 CPD units in Substantive Law
This program is based on WA legislation
- Overview of risk allocation – discuss what risk allocation is and how it drives cost, time and disputes
- Common construction risks and how they are typically allocated under WA commercial contracts
- Key clauses used to shift or manage risk and practical drafting tips
Presented by Melissa Koo, Partner, and Virginia Petrussenko-Alves, Associate, Squire Patton Boggs
With insolvency rates in the construction sector surging, even well-structured projects face major disruption when a contractor or supplier fails. Explore how insolvency risk plays out across different sectors and project delivery models, and what you can do to anticipate, manage and respond effectively when it arises. You will learn to:
- Spot early signs of financial distress in the project chain
- Understand how insolvency risk differs across sectors and contract types
- Draft and negotiate clauses to allocate and mitigate risk
- Act swiftly to protect project continuity and manage claims when insolvency hits
- Work collaboratively between in-house and external counsel to minimise impact
Presented by George Varma, Partner, Gilbert + Tobin; Recommended Front End Construction and Infrastructure Lawyer, Doyle’s Guide 2024
Andrew Vinciullo, Partner, Hopgood Ganim Lawyers
Presenters
Melissa Hanna, Special Counsel, MinterEllisonHanna is a versatile commercial dispute resolution lawyer with extensive experience advising clients and managing disputes across the private, public, and non-profit sectors. Her experience includes acting for clients operating in most industries in relation to large, complex disputes and legal risk management, as well as regulatory investigations and prosecutions. Hanna has experience in proceedings in superior courts in Western Australia and Victoria, as well as in the Federal Court of Australia and the High Court of Australia. Having held several in-house roles (both on secondment and immediately prior to joining MinterEllison, as Senior Legal Counsel at Edith Cowan University), she understands the importance of providing clients with accurate, practical and timely legal support through all stages of their operations.
Melissa Koo, Partner, Squire Patton Boggs
Melissa 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 1 front end construction and infrastructure law firm by Doyle’s Guide in 2024 and 2025. Melissa herself was recognised as a recommended lawyer in Doyle’s Guide of leading lawyers in Western Australia in 2023, 2024 and 2025. 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.
Virginia Petrussenko-Alves, Associate, Squire Patton Boggs
Virginia Petrussenko-Alves is an associate in our construction team, where she assists clients with drafting, reviewing and negotiating major and minor construction works contracts and goods and services procurement contracts, for construction, infrastructure and resources projects. Virgina has also assisted on dispute resolution processes, including mediation and adjudication, in relation to claims arising from construction projects. Prior to joining the construction team, Virginia completed graduate rotations in our Real Estate team, where she gained experience advising on commercial property and hotel transactions, and in our Labour & Employment Practice, where Virginia assisted with employment disputes, workplace investigations, employment contracts and the application of federal and state workplace legislation, Modern Awards and other industrial instruments.
George Varma, Partner, Gilbert + Tobin
George is a transactional lawyer with over 20 years’ experience advising developers, contractors, financiers and sponsors on complex projects across the renewable energy, infrastructure, mining and oil and gas sectors. He has extensive experience in the Asia–Pacific and Middle East, guiding clients through project structuring, procurement, delivery and dispute avoidance. George is known for his pragmatic and commercial approach to risk management on major projects, with a deep understanding of the pressure points that can lead to financial distress and project disruption. He regularly advises on the allocation of insolvency risk in construction contracts and has negotiated a wide range of project and services agreements, including EPC, D&C, ECI, alliance and O&M contracts.
Lauren Smith, Lawyer, MinterEllison
Simon Davis, Barrister & Arbitrator, 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.
Andrew Vinciullo, Partner, Hopgood Ganim Lawyers
Andrew has over 14 years’ experience in dispute resolution and commercial litigation, with particular experience in construction disputes and corporate and commercial business disputes. Andrew also frequently advises clients on drafting terms and contractual and insolvency risk. Andrew has experience advising on a wide range of construction contracts and disputes, acting on behalf of both principals and contractors. Notable matters that Andrew has advised on include large-scale LNG plant projects, mineral and resources production and refinery plants, haul road construction, wind farm projects and commercial and residential apartment tower construction projects.