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Building and Construction Law: Key Decisions and Challenges

Ensure you’re fully prepared for the evolving construction law landscape with expert insights designed for the busy legal practitioner. Unpack 2025’s significant Security of Payments decisions across, clarifying judicial interpretation of payment claims, timeframes and enforcement. Develop a deeper understanding of amending AS4902-2000 design and construct contracts to safeguard client interests, anticipate disputes and navigate legislative changes and key case law. Plus, strengthen your professional skills with practical strategies for applying the facilitative model in procurement, negotiation and dispute resolution.

Thursday, 12 March 2026
10.30am to 11.30am Crucial Amendments to Construction Contracts in 2026 to Deal with Legislative Changes and Current Case Law

 

  • What amendments should be made to an unamended AS4902-2000 design and construct contract to best protect your clients' interests
  • What disputes should you anticipate when drafting and negotiating construction contracts in 2026
  • What key court decisions do you need to be aware of when drafting and negotiating construction contracts in 2026
  • What are the key changes (or anticipated changes) to legislation governing security for payment and liability for defects to be aware of in 2026

Presented by Kristen Kipps, Principal, CDI Lawyers

9.30am to 10.30am Significant Security of Payments 2025 Decisions

 

  • 2025 saw several court decisions that clarified Security of Payment (SOP) laws across Australian states
  • These cases reinforce the “pay now, argue later” principle and provide current insight into judicial interpretation of payment claim service, timeframes, and enforcement under the various legislative regimes
  • Explore key cases (from NSW, Victoria, and Queensland) and their implications for contractors and principals

Presented by Sarah Ferrett, Special Counsel, MinterEllison

11.30am to 11.45am Morning Break
Chair:

Robert Holt KC, Alfred Lutwyche Chambers 

Description

Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Professional Skills
This program is based on QLD legislation

Professional Skills
11.45am to 12.45pm Use of the Facilitative Model in Contract Procurement, Negotiation and Dispute Resolution

 

  • The facilitative model, its features and process
  • Incorporating the model in every stage of project delivery
  • Implementation of the model in practice – how and when to use it

Presented by Sally Armitage, Barrister and Mediator, Cedric Hampson Chambers

Presenters

Robert Holt KC, Arbitrator, Mediator & Facilitator, Alfred Lutwyche Chambers
Robert was recognised for many years as a pre-eminent silk in construction and infrastructure law as King’s Counsel, arbitrator, expert and mediator. He has appeared in landmark cases both at trial and on appeal. Robert no longer practises as a barrister and now as an arbitrator, mediator, facilitator and expert determiner in regard to construction and construction related disputes including all related areas of engineering. In doing so, he draws on his extensive experience in the relevant areas. As an arbitrator and an expert, he is regularly appointed to determine large and complex matters concerning all aspects of construction disputes, commercial agreements and pricing. He has authored thousands of pages of decisions dealing with diverse issues including variations, extensions of time, liquidated damages, misleading and deceptive conduct, safety, damages, pricing, contract interpretation and performance. Robert has acted as a mediator in numerous matters. His expertise enables him to readily understand and deal with the issues. In regulatory matters, Robert appears in matters involving complex issues of interpretation. Leading legal directories consistently recognised Robert as a pre-eminent silk – Best Lawyers Australia, in the field of litigation and Doyle’s Guide for construction law. He was also named Lawyer of the Year 2021 Construction and Infrastructure Law – Brisbane by Best Lawyers Australia. He is a Grade 1 arbitrator with the Resolution Institute. He was recognised in Doyle’s Guide 2023 as one of Australia’s leading arbitration barristers.

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 2025 as a Recommended Construction and Infrastructure lawyer.

Kristen Kipps, Special Counsel, Thomson Geer
Kristen has been recognised in the 2026 edition of Doyle’s Guide as a Leading Construction & Infrastructure Litigation Lawyer (Queensland). Kristen has practiced in dispute litigation since 2010 with a particular focus on Building and Construction. Kristen has also worked in-house at a large energy company where she was involved in disputes relating to energy projects around Queensland. Kristen’s practice centres on technically complex disputes arising from major construction and infrastructure projects, with particular expertise in security of payment regimes, defect litigation and delay and disruption claims.

Sally Armitage, Barrister and Mediator, Cedric Hampson Chambers
Sally’s career at the private bar has spanned various diverse practice areas with a focus on construction, mining and infrastructure matters. She has appeared in a variety of jurisdictions and dispute resolution processes including courts, tribunals, arbitrations, expert determination and mediation. Since 2012, Sally has regularly been named in junior counsel category of the Doyle’s Construction & Infrastructure Queensland Barristers List. She is an accredited AMDRAS Mediator.

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Building and Construction Law: Key Decisions and Challenges

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Single Session
Thursday, 12 March 2026
9.30am to 12.45pm Australia/Brisbane
CPD Points 3
$420.00
$294.00
Online 20260814 20260312

Interactive On Demand

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Register
Claim uncapped CPD units from this interactive program.

*Check your rules on interactive recordings.
On Demand 20260814 20260312

Interactive On Demand

Register
Register
Claim uncapped CPD units from this interactive program.

*Check your rules on interactive recordings.
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