Domestic Building Contracts Intensive

Attend and receive your ultimate guide to domestic building contracts in this unique intensive. You’ll work through standard forms and protecting the interests of owners, building professional liability, case law updates and making a claim. There are many different things that can go wrong during your client’s building projects. Misunderstandings between property owners and builders occur, Contractual disputes appear, or work doesn’t comply with building legislation. Be on top of it. 

Wednesday, 14 June 2023
12.15pm to 1.15pm Domestic Building Case Law Update

Join an experienced Barrister as you identify significant domestic building law cases and work through the implications on your practice.

Presented by Jennika Anthony-Shaw, Barrister, Foley’s List

10.00am to 11.00am Building Professionals Liability
  • Consider superintendents: good faith and reasonableness in contract administration
  • Explore relevant instances around building surveyors and claims for pure economic loss
  • Examine the scope of the contractor’s duty to warn

Presented by Joel Silver, Barrister & Mediator, Owen Dixon Chambers West

Chair:

Romauld Andrew SC, Young’s List

9.00am to 10.00am Domestic Building Contracts: Standard Forms and Protecting the Interests of Owners
  • Standard form for major domestic building contracts produced by the MBAV, the HIA and the RAIA
  • Operation of those contracts
  • Suggested changes to protect the interests of building owners
  • Delay, disruption and variation in construction contracts

Presented by Donna Abu-Elias, Director and Principal Lawyer, Spectrum Lawyers and Consultants

11.15am to 12.15pm Making a Claim: Enforceability

Consider the enforceability of the following when making a domestic building contract claim:

  • Builders’ warranties
  • Time limits
  • Domestic building insurance policy

Presented by David Fairweather, Principal, Oldham Fairweather Legal

Description

Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation

11.00am to 11.15am Morning Tea

Presenters


Mr. Romauld Andrew SC, Young’s List
Romauld Andrew SC is a leading construction and engineering law barrister. Romauld appears in the Federal Court, Court of Appeal, Supreme Court, County Court and VCAT. He has particular expertise in long and complex trials, as well as appeals and judicial review matters. He is also regularly briefed to appear in commercial arbitrations both domestic and international. Romauld is briefed to advise both in writing and in conference. Romauld is widely known for his extensive knowledge of construction and engineering disputes.


Ms. Donna Abu-Elias, Director and Principal Lawyer, Spectrum Lawyers and Consultants
Having worked in private practice at Clayton Utz and as an in-house general counsel for both commercial builders and residential builders, Donna Abu-Elias founded Spectrum Lawyers & Consultants as she was passionate about the building and construction industry. Donna was admitted as a lawyer in April 2004. Donna has worked from some of the major volume builders in Australia including Burbank Group, Carlisle Homes and Simonds Group. Donna has been a member of the Housing Industry Association (HIA) IR & Legal Committee from 2013 and was appointed as the Deputy Chair in 2020. Donna completed her Diploma in Construction Law in 2013. Spectrum Lawyers & Consultants specialises in building and construction advice and dispute, and represents owners and/or builders in Courts, VCAT and before the Building Appeals Board.


Ms. Jennika Anthony-Shaw, Barrister, Foley’s List
Jennika practices in commercial litigation, with a focus on the areas of Equity and Trusts, Building and Construction, Property, and Insolvency. She has a thorough knowledge of substantive law, litigation strategy and civil procedure, and has a particular affinity for complex problem solving. Jennika is briefed led and un-led in domestic as well as international arbitration proceedings, and also advises and advises in Trust and Property matters in the United States and European jurisdictions. Prior to coming to the Bar, Jennika was a Judges' Associate at the Supreme Court of Victoria and the Court's Commercial Group Proceedings Coordinator. In that role she provided enhanced case management of the Court’s shareholder actions and managed investment scheme proceedings. She has contributed as an author to several Supreme Court Practice Notes and has specialist procedural expertise in the conduct of Class Action proceedings and Electronic Civil Proceedings (RedCrest). Jennika has lectured at Melbourne Law School in the areas of Contracts, Remedies and Public Law, has lectured in Construction Law at Monash University, and is an instructor at the Leo Cussen Institute in the subjects of Evidence and Commercial Litigation. She has published articles in the areas of Security of Payment, the statutory regulation of building pratitioners, and contracts for domestic building works, and has contributed as co-author or editor to publications in the areas of unfair contract terms, proprietary remedies, and contractual misleading and deceptive conduct.


Mr. Joel Silver, Barrister & Mediator, Owen Dixon Chambers West
Joel is a commercial barrister and accredited mediator, having specific expertise and training in construction, insurance, and property law. He acts in a wide range of matters, often advising parties from the early stages of a matter (including in arranging expert evidence) to the end of trial. Common matters in which Joel acts include contractual disputes (including under Australian Standard, ABIC and residential construction contracts), Security of Payment claims, property disputes (such as easements and adverse possession, owners' corporation and lease disputes, and nuisance claims), and professional liability matters. He has authored a number of practice papers in these areas (nuisance and trees, implied subdivision easements, briefing in domestic building matters, security of payment legislation in the building industry). He accepts briefs to appear in all Courts and Tribunals, and mediates in all areas of commercial law. Joel is also a member of the Victorian Bar News editorial committee, and serves on the Arbiter Panel List under section 142 of the Local Government Act 2020.


Mr. David Fairweather, Principal, Oldham Fairweather Legal
David Fairweather is the principal of Fairweather Legal, a legal practice which focuses predominantly on all aspects of the building and construction industry. David's twenty-year career has ranged from providing advice in relation to the redevelopment of the MCG, windfarm projects and the redevelopment of the old Fairfield Infectious Diseases Hospital into a TAFE which was fraught with industrial relations issues. Fairweather legal typically represents parties in all Courts, the VCAT and before building statutory boards. David was appointed a member of the Building Appeals Board on which he served for 6 years. He also has a specialty in defending building practitioners in disciplinary proceedings. Fairweather Legal has been responsible recently for the Court of Appeal's greater clarification of the National Construction Code which has gained national interest and application.

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Domestic Building Contracts Intensive

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Single Session
Wednesday, 14 June 2023
to Australia/Sydney
CPD Points 4
$505.00
Online 20241123 20230614

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