Building and Construction Law Update

The construction industry is still anxiously awaiting the next wave of disputes to rear their head. Gain a strong legal understanding of the available approaches and remedies you can take if your next construction law matter starts showing risks and undoing’s. Ground yourself and your practice in a strong legal framework and ensure you are up to date with the latest knowledge across a range of construction law issues.

Wednesday, 15 March 2023
Chair:

Terry Palmer SC, Quayside Chambers; Leading Construction Law Barrister, Doyle’s Guide 2022

9.50am to 10.35am Insolvency in Construction
  • Navigating external and counterparty risk
  • Lessons from recent external administration matters
  • Options for directors

Presented by Andrew Vinciullo, Special Counsel– Restructuring and Insolvency, Jackson McDonald

10.50am to 11.35am Performance Problems in a Changing World: Force Majeure, Suspension and Frustration in Construction

With a range of issues (including sanctions, energy market disruption, financial pressures and lingering COVID impacts) making performance of construction contracts more difficult, we discuss recent disputes about prevention, suspension, force majeure and frustration and consider how parties can avoid such disputes in future.
Presented by Katie Mead, Partner, Jones Day; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2022and Daniel Chaney, Associate, Jones Day

11.35am to 12.20pm Extensions of Time and Liquidated Damages
  • Why do contracts have extension of time clauses?
  • What are qualifying and compensable causes of delay?
  • What delay or disruption costs can be claimed
  • The claims process: time bars
  • Principles relating to liquidated damages

Presented by Thomas Jacobs, Partner - Projects, Infrastructure & Construction, Jackson McDonald; Recommended Construction & Infrastructure Litigation Lawyer Doyle’s Guide 2022

9.05am to 9.50am Review of Critical Construction Cases

Join an experienced practitioner as you discuss recent cases of significance that involve consideration of a novel point, clarify an important rule, or present an interesting development, which may have practical implications for the construction industry.
Presented by Graham Morrow, Principal, Graham Morrow and Associates

12.20pm to 1.05pm Security of Payment: Judicial Review…and Not
  • Discuss the merits of review adjudications
  • Review the areas susceptible to judicial review
  • Consider procedural aspects of judicial review

Presented by Scott Ellis, Barrister, Arbitrator and Mediator, Francis Burt Chambers; Leading Construction Law Barrister, Doyle’s Guide 2022; Leading Construction & Infrastructure Junior Counsel, Doyle’s Guide 2022; Leading Arbitration Barrister, Doyle’s Guide 2022; Leading Mediator, Doyle’s Guide 2022

9.00am to 9.05am Opening Comments by the Chair
Description

Attend and earn 4CPD points In Competency Area 4: Substantive Law
This program is based on WA legislation

10.35am to 10.50am Morning Tea
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair

Presenters


Graham Morrow, Principal, Graham Morrow and Associates
Graham Morrow has practiced as a construction lawyer in Perth since 2002: he is also a practicing adjudicator, arbitrator and expert determiner of building and related matters. Prior to this, Graham worked as a chartered quantity surveyor for 14 years in Belfast & Melbourne. The majority of Graham’s legal career has been spent in and around the construction industry, advising on building, construction and infrastructure contracts, issues and related disputes. Graham has been the appointed adjudicator on many payment disputes in WA, prepared many adjudication applications and responses, advised on SAT and Supreme Court appeals of adjudication decisions, given talks and lectures on the subject of adjudication and made detailed submissions for the Murray & Fiocco Reports on adjudication.


Andrew Vinciullo, Special Counsel, Jackson McDonald
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.


Katie Mead, Partner, Jones Day
Katie Mead is an experienced dispute resolution practitioner, with a global practice focused on the resolution of major construction and engineering disputes. She has significant experience acting for principals and contractors in preparation for arbitration and litigation proceedings and is listed as one of Western Australia's leading construction lawyers in Doyle’s Guide. Katie acts for clients on high-value onshore and offshore construction projects throughout the world, and worked on a range of projects involving mining, oil and gas, renewables, pipelines, processing plants, and marine construction. She has particular experience running complex international arbitrations and has conducted arbitrations seated in multiple jurisdictions. She also represents clients in Supreme Court and Federal Court litigation proceedings. Katie also has significant experience acting as project counsel, assisting clients in navigating issues throughout the course of a project to avoid formal dispute resolution proceedings wherever possible, and ultimately achieving successful project completion. Katie is on the Partnership Committee for the National Association of Women in Construction (NAWIC) and is an active member of multiple industry bodies, including the Society of Construction Law Australia (SoCLA), ArbitralWomen, Women in Oil and Gas, and Australian Lawyers for Human Rights.


Scott Ellis, Barrister, Arbitrator and Mediator, Francis Burt Chambers
Scott Ellis practices as an arbitrator, adjudicator, mediator and barrister from Francis Burt Chambers. Prior to joining the Bar, he was a partner of Freehills for a number of years. He is an ACICA Fellow. He is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators. He is accredited to NMAS standards as a mediator. He is registered as an adjudicator under the Construction Contracts (Former Provisions) Act 2004 (still) and as a Grade 2 Adjudicator and a Review Adjudicator under the Building and Construction Industry (Security of Payment) Act, 2021. He is also a NSW adjudicator. Scott is currently the Presiding Member of the Electricity Review Board. He is a Senior Sessional Member of the State Administrative Tribunal and a member of the National Sports Tribunal. He is the Acting Corruption and Crime Commissioner. He has dealt with more than 400 disputes as an arbitrator, mediator, expert determiner and as an adjudicator under the (former) Construction Contracts Act. He has also appeared as counsel in Supreme Court proceedings for judicial review of adjudicator’s decisions. In 2022 he was listed by Doyle’s Guide as a Leading WA Mediator, and a Leading Barrister in Construction and Infrastructure and in Arbitration.


Terry Palmer SC, Quayside Chambers
Terry Palmer has a commercial practice that encompasses corporate law, financial services, insurance and building and construction law. He appears for clients in all State and Federal Courts and Tribunals in Western Australia and has experience both in domestic and international arbitration. He acts for a diverse range of clients including clients in the insurance, professional services (including doctors), construction, mining and oil and gas sectors. Terry's practice includes high value complex commercial disputes in superior courts or arbitration as well as matters in the District Court and in Tribunals. He also acts for clients involved in regulatory investigations. Terry is accustomed to acting both as sole counsel and as part of a team. Terry was admitted in 1998 and elected to the Western Australian Bar Association in 2008. Before being elected, Terry was a Special Counsel at the Australian Securities and Investments Commission and a Senior Associate at Clayton Utz. He was educated at The University of Western Australia.


Daniel Chaney, Associate, Jones Day
Daniel Chaney's practice is focused on resolving disputes efficiently. It includes complex commercial arbitration and litigation in a range of areas, and he has considerable experience with complex and high-value energy and resources construction disputes. He is listed as a "key lawyer" for international arbitration in The Legal 500 directory and as a “Rising Star” in Doyle’s Guide. Daniel's recent experience includes claims arising out of the construction of power and gas processing facilities in the Middle East, the construction of iron ore, alumina and coal facilities in Australia, the disputed ownership of a Cayman Islands private equity fund, the unlawful dissemination of confidential information in the United Kingdom and joint venture and warranty disputes involving oil and gas businesses in Europe and Asia. He has acted in arbitration, litigation, and adjudication proceedings for and against parties in jurisdictions around the world, including English and Australian court proceedings and International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC) and ad hoc arbitrations seated in various jurisdictions. Daniel also has substantial experience assisting clients during projects to resolve issues early, without the need for formal proceedings. He has particular familiarity working across borders, having been based in Jones Day's London, Perth, and Madrid offices.


Thomas Jacobs, Partner, Jackson McDonald
Tom has almost 30 years’ experience advising clients active in the building, construction and engineering industries, with expertise advising on procurement and the management and resolution of complex construction and engineering disputes. He has extensive experience of all forms of dispute resolution, particularly adjudication. He has been recognised as a leading West Australian Construction and Engineering lawyer by Best Lawyers in Australia for the last 3 years and was recently tasked by Building and Energy to train new adjudicators under the new Security of Payment legislation.

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Building and Construction Law Update

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Single Session
Wednesday, 15 March 2023
9.00am to 1.15pm Australia/Perth
CPD Points 4
4
$505.00
Face to Face 20240518 20230315

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Venue
Parmelia Hilton

Level 1, Meeting Room, 14 Mill Street, Perth

Directions

Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green

Parking Information

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Parmelia Hilton - Valet Parking only - Click here to view rates 
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