Navigate the NSW construction law issues that will shape you and your clients' projects, claims and disputes in 2027. Examine the all-important defect liabilities and the legislative frameworks you must work with daily; the Design and Building Practitioners Act framework and the Building (Approvals and Practitioners) Act 2026, Home Building Act case law plus Security of Payment Act issues. Explore the interface of insolvency and construction law. Build your ethics, practice management and professional skills through issues directly relevant to your construction law practice. You will leave with sophisticated insights and practical strategies you can apply immediately to complex matters, negotiations, contracts and client advice.
Unpack the implications of recent decisions of the NSW Court of Appeal, NSW Supreme Court and NSW District Court, covering various aspects of the Design and Building Practitioners Act 2020 (NSW), including
- Pleadings and particulars, including the Loulach Schedules
- Interaction with the Civil Liability Act 2002 (NSW)
- Limitation periods
- Damages
Presented by Carlos Mobellan, Barrister & Mediator, Third Floor St James Hall Chambers
Presented by Wendy Jacobs, Partner, KeyPoint Law
Chair: Adam Smyth, Barrister, 13th Floor St James Hall
- Delegating amongst the legal team
- Maintaining correct supervision of the legal and non-legal team members
- Managing the client
- Practical practice tips when engaging counsel and experts
- Liaising with the court including advocacy in hearings and correspondence
Presented by Linda Holland, Partner, Mills Oakley
- Discovery and accidental document disclosure
- Helping your opponent or complying with ethical obligations
- Civility in practice
- Difficult matters, difficult clients and the need to maintain standards
- Relations with third parties including Counsel
Presented by David Jury, Partner, HWL Ebsworth Lawyers; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2023
- Negotiation contexts and choosing an approach
- Different negotiation contexts (commercial agreements vs dispute resolution)
- Considerations that apply to those contexts and will inform the negotiation approach
- Preparing for negotiation
- Strategic preparation points: whether to meet online or in person, whether multiple parties are involved, whether to involve lawyers and third-party neutrals
- Practical preparation steps: defining objectives, ranking own and counterpart's interests, identifying options for mutual gain
- Consideration of BATNA and key risks which will inform the preparation and positions taken
- During the negotiation
- Building trust in negotiations and the trade-off of going first
- Practical techniques for conducting the negotiation and ethical and legal obligations to keep in mind
- Managing obstacles, breaking deadlocks and closing
- People issues, resource constraints, positional negotiation, clashing interests and lack of authority
- Deadlock-breaking techniques: parking the issue and moving on, agreeing a process to resolve it, referring it to others outside the room, sending technical issues to experts, considering a different perspective
- Closing tips: taking breaks, planning a final meeting with the key decision-makers, being open to concessions
- After closing steps: agreeing the terms, clarifying any ambiguities, putting the agreement in writing, confirming how it will be carried out, reflecting on the process
Presented by Georgia Quick, Partner, Head of International Arbitration, Ashurst Perkins Coie; Immediate Past President of the Australian Centre for International Commercial Arbitration (ACICA)
Presented by Anthony Herron, Associate Partner, PCL Lawyers
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics and Professional Responsibility
1 unit in Professional Skills
1 unit in Practice Management and Business Skills
This program is based on NSW legislation
Chair: Frank Hicks SC, Greenway Chambers
Presented by Tom Davie, Barrister, Queen Square Chambers
Presenters
Linda Holland, Partner, Mills OakleyLinda is a specialist in construction and strata law. Having practiced exclusively in this area since being admitted as a lawyer in 1999, she has extensive experience in the negotiation and documentation of projects, advising on strategies during the course of the project to minimise risks and maximise returns, and prosecuting and defending claims arising out of the project, including contractual entitlements, defects in the construction work, or damage caused by the project. She also handles applications and claims relating to strata issues, including common property repair and maintenance applications, BMC issues and strata management disputes. Linda has built up a reputation as a highly knowledgeable and respected construction lawyer who understands the issues and challenges faced by stakeholders and others affected by construction projects. She provides clear and practical advice and is adept at identifying strategies to provide the best outcome in the most time- and cost-efficient manner. With the increase of residential apartment construction in Australia, Linda’s practice has expanded into strata defects and claims. Linda is now recognized as a leading expert in strata claims in New South Wales. During Linda’s career, she has been at the forefront of several high-profile court matters which have set precedents in the industry. These include claims relating to construction progress payments and security of payment, defects in high rise apartment buildings and combustible cladding issues.
Georgia Quick, Partner, Head of International Arbitration, Ashurst Perkins Coie
Georgia Quick is a partner in the Ashurst litigation and dispute resolution group in Sydney. Georgia specialises in dispute resolution and risk management in the areas of energy, construction and major projects and is joint head of the Australian international arbitration practice. Prior to working at Ashurst, Georgia worked for 7 years practising primarily in international arbitration for energy clients. As well as gaining an in-depth knowledge of the conventional power industry, she has gained a unique knowledge of the uranium & nuclear power industry and attended the School of Nuclear Law in France.Georgia has been involved in disputes involving numerous jurisdictions including England, Europe (Spain, Italy, the Netherlands, Sweden, Germany and Russia), Nigeria, India, Philippines, and Hong Kong. She has extensive experience in ICC, LCIA and ad hoc international arbitrations in respect of FPSOs, power plants, offshore platforms, water treatment plants, material handling facilities, educational and commercial developments, land excavation and reclamation, rolling stock and airport facilities. Georgia has also been involved in a number of high profile construction and infrastructure matters in the NSW Supreme Court, Court of Appeal and High Court. Her work predominantly involves the construction of key contractual provisions such as liquidated damages, extensions of time, performance testing, termination, payment procedures, variations, defects and design responsibility. Georgia also regularly advises in respect of dispute resolution clauses and provides strategic advice in relation to cross border dispute resolution and investor - state arbitrations. She also frequently presents on the subject of international arbitration and other forms of dispute resolution. She is a Director of AMPLA (the Resources & Energy Law Association), a Director of ACICA and a Fellow and Councillor of the Chartered Institute of Arbitrators. She has completed a Diploma in International Commercial Arbitration and the Chartered Institute of Arbitrators' award writing exam.
Frank Hicks SC, Greenway Chambers
Frank Hicks SC was called to the Bar in 2003 and appointed Senior Counsel in 2017. He is generally briefed in commercial matters, and primarily engaged in technology and construction disputes concerning commercial, industrial and infrastructure projects, and large-scale residential developments.. Since 2014, Doyle's Guide has ranked Frank as a leading junior counsel in construction law, in both NSW and Australia. Since 2015, he has been identified in the Chambers and Partners Guide, Asia-Pacific as a Band 1 barrister in Australia for construction and infrastructure disputes, described as "a 'go to' barrister for construction and engineering disputes", having "a clear analytical approach to construction issues", and "a popular choice for construction and technology disputes and offers experience in a range of forums.
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.
Anthony Herron, Associate Partner, PCL Lawyers
Anthony is an experienced construction and contracts lawyer. He has advised on a range of major construction projects and drafted a variety of construction contracts, tender documents and supply agreements and associated documents for commercial and mixed-use developments, aged care & hospitality facilities, storage & infrastructure projects in NSW, ACT, QLD & WA. He also has experience in advising regarding professional indemnity and liability insurance issues including construction and liability claims against building contractors, engineers and certifiers.

Carlos Mobellan, Barrister & Mediator, Third Floor St James Hall Chambers
Carlos is a barrister who specialises in building cases with an emphasis on matters arising under the Home Building Act 1989, the Building and Construction Industry Security of Payment Act 1999, the Strata Schemes Management Act 2015 and the Design and Building Practitioners Act 2020. Carlos was admitted as a solicitor in 1997 and was called to the Bar in 2004 where he was awarded the Bar Practice Course prize. Carlos has appeared for and against homeowners, Owners Corporations, builders, government agencies and property development companies.

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.
David Jury, Partner, HWL Ebsworth Lawyers
David has practised in building and construction industry for 25years and has particular expertise in adjoining land owner issues including proceedings under section 88K of the Conveyancing Act. David’s clients include, Contractors, Developers and specialist subcontractors. David provides advice on tendering, project delivery, contract administration and dispute resolution including processes under the Building and Construction Industry Security of Payment Act.
Wendy Jacobs, Partner, KeyPoint Law
Wendy has more than 25 years’ experience specialising in restructuring and insolvency. She works with insolvency practitioners, directors and companies dealing with actual and potential financial stress in a broad range of industries. She has particular expertise in retail, building and construction, insurance and financial services. Prior to joining Keypoint, Wendy was a partner at DibbsBarker. Wendy’s specialist expertise has led to her involvement in some of Australia’s largest insolvency and restructuring matters including James Hardie, Lehman Brothers, the Raptis Group, Retail Adventures, HIH, New Cap Re and Fincorp.