Construction disputes are on the rise in Victoria. A combination of factors, including a backlog in VCAT and a more robust approach by the ATO has led to an increase in contractor insolvency. Add to your inventory of practical tips and approaches for handling disputes when they arise. Work through the current state of play in VCAT and liability in construction disputes. Examine the impact of collapses in the domestic construction industry and what lessons can be learnt in this practical program.
- What of limitation periods?
- What of contribution claims?
- What of Federal legislation?
- Discussion of the decisions in:
- Meringnage v Interstate Enterprises Pty Ltd [2020] VSCA 30
- Thurin v Krongold Constructions (Aust) Pty Ltd [2022] VSCA 226
- Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) [2023] VCAT 233
- Steedman v Greater Western Water Corporation [2023] VCAT 128
- Lanigan v Circus Oz & Ors [2022] VSC 35
- Ajaimi v Giswick Pty Ltd [2022] VSC 131
- How to use s.77 and s.29 of the VCAT Act
- Part 3A of the VCAT Act
Presented by Nicholas Andreou, Barrister, Chapman's List Barristers
- Market trends and options
- Project governance structures for dispute avoidance and resolution
- Expert determination
- Dispute Avoidance Boards?
- Arbitration?
- Setting up your resolution process
- Where do things go wrong?
Presented by Joseph Barbaro, Partner, Corrs Chambers Westgarth and Jey Nandacumaran, Partner, Corrs Chambers Westgarth
Sam Woff, Consultant, Warlows Legal
With continued collapses in the domestic construction industry, the exact nature and effects remain unclear. This session will:
- Consider the impact of the collapses on the construction sector
- Analyse important lessons to be learnt from the recent Porter Davis liquidation
- Explore likely increases in government regulation
Presented by George H Golvan KC, Svenson Barristers
- Construction professionals’ liability
- Duties of construction professionals (head contractors, builders, subcontractors, and their consultants, such as architects and engineers), E.g. both in contract non-contractual duty
Presented by Natasha Stojanovich, Partner- Insurance Law & Litigation, Lander & Rogers
Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation
Presenters
Mr. Joseph Barbaro, Partner, Corrs Chambers Westgarth
Joseph Barbaro is a construction and infrastructure specialist practicing in project delivery and outsourcing. He advises government and the private sector on all aspects of project and infrastructure delivery across a range of sectors, including education, health, manufacturing, property, resources, transport, utilities and water. Joseph advises his clients from project inception and throughout the project life cycle - including tendering, procurement and contract drafting, as well during project delivery on contract administration, claims management and dispute resolution.
Mr. Jey Nandacumaran, Partner, Corrs Chambers Westgarth
Jey Nandacumaran is a partner in the projects and arbitration groups of Corrs Chambers Westgarth Melbourne. His expertise is in the management and resolution of complex projects disputes. Jey has extensive experience in trial and appellate litigation, commercial arbitration and alternative dispute resolution processes. He has acted for both private and government clients in matters spanning a wide range of sectors, including public infrastructure, energy, engineering process plants and commercial developments. He also has experience providing advice during the life of projects to avoid or minimise the incidence of disputes. Jey is a senior fellow at the University of Melbourne, where he teaches Construction Dispute Resolution in the Melbourne Law Masters program. He has been a recipient of the Tom Yuncken Young Construction Lawyer Award, recognising him as the most outstanding young construction lawyers in Victoria.
Mr. Nicholas Andreou, Barrister, Chapman's List Barristers
Nicholas practises primarily in commercial, construction, corporations and defamation law. Nicholas has appeared in many of the leading judgments in Victoria which consider the Building and Construction Industry Security of Payment Act 2002. Nicholas regularly appears in VCAT and the County Court representing builders, subcontractors, developers and owners alike. Nicholas enjoys particularly technically complex disputes involving structural and geotechnical engineering issues. Nicholas has appeared in the Court of Appeal on matters concerning the Domestic Building Contracts Act 1995.
Mr. George H Golvan KC, Svenson Barristers
George Golvan QC, Svenson Barristers. George Golvan is a Queen's Counsel who holds degrees in Law and Jurisprudence from Monash University and the degree of Juris Doctor (J.D.) from Arizona State University. Mr Golvan practices in the areas of Building and Construction Law, Commercial Arbitration, Commercial Tenancy, Banking and Insurance, General Commercial and Company Law. Mr Golvan has also actively practised mediation and arbitration for over thirty-four years, and has been involved in numerous substantial commercial and construction matters as Counsel, mediator and arbitrator, specialising in complex building and engineering disputes. He was, between 2007 and 2010, the Chair of the Dispute Resolution Board (DRB) of Sydney's Desalination Plant Project, at that time the largest infrastructure project in Australia, which was completed on time and under budget. He also acted as the Chair of the DRB appointed for Sydney's South West Rail Link Project, which was completed in mid-2015, again on time and under budget. He was a Grade 1 Arbitrator and Past Chairperson of the Institute of Arbitrators (Victorian Chapter) and the Building Dispute Practitioners Society. He is a member of the Victorian Executive of the Law Council of Australia Construction and Infrastructure Law Committee and was a member for a number of years of the Law Council of Australia ADR Committee. Mr Golvan has conducted and given many workshops and lectures on construction law, arbitration and mediation and written numerous papers and articles.
Ms. Natasha Stojanovich, Partner, Lander & Rogers
Natasha is an experienced litigator, with a particular focus on insurance and construction disputes. Natasha handles complex disputes involving construction professionals. Over the years, she has acted for numerous architects, engineers and building surveyors as well as property valuers and real estate agents. She has also acted for local councils, government departments and various statutory authorities and has extensive experience defending professional indemnity claims against councils. Natasha has extensive experience in claims involving non-compliant building products, including flammable cladding. Natasha has considerable experience handling litigation in the Federal, Supreme and County Courts, as well at VCAT. She also has experience in class action litigation. Natasha is a proficient public speaker. She regularly delivers in-house training for her clients, as well as speaking at conferences and other industry events. Natasha was recognised in the 2019 Legal 500 rankings in the category of insurance. She is also recognised in The Best Lawyers in Australia for her expertise in Construction / Infrastructure Law and Insurance Law. Natasha was recommended as a Leading Construction & Infrastructure Litigation Lawyer in the 2021 Doyle's Guide.
Mr. Sam Woff, Consultant, Warlows Legal
Samuel Woff Samuel is a leading commercial construction law and construction litigation specialist, advising on complex and high-stakes project and major infrastructure disputes. With expertise in both domestic and international construction disputes and with over 10 years' experience in private practice, Samuel is passionate about delivering litigious solutions for clients that are commercial, strategic, and innovative. This includes leveraging cutting-edge technology to drive best outcomes in a contentious environment. With an established industry presence and a proven track record of delivering when the situation demands it most, Samuel is a leader in the construction law space. He maintains an active media presence in the industry, appearing in interviews, articles and as a guest speaker and expert commentator.