Thursday, 20 November 2025
Chair
Juliana Jorissen, Partner, King & Wood Mallesons; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2024
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on WA legislation
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
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.
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.
